GTC
1. Scope of Application
These General Terms and Conditions of Swiss Pet Solution (Swiss Pet Solution T&C) apply to all sales of animal feed, feed additives, products for animal nutrition, grains, oilseeds, and protein plants for both human and animal consumption by Granovit SA (hereinafter referred to as “Granovit”), unless otherwise agreed upon in writing. Swiss Pet Solution is a business unit of Granovit SA, located at Route des Treize Cantons 2A, 1522 Lucens.
By entering into a contract, the buyer confirms that they have read and agreed to the T&C. The buyer’s own terms and conditions are excluded. Any agreements regarding the Swiss Pet Solution T&C will only be effective if agreed upon in writing between the parties.
2. Usage of the Swiss Grain Exchange in Lucerne
Unless expressly agreed otherwise in these T&C or in any other written agreements, the parties agree to base their contract on the usage of the Swiss Grain Exchange in Lucerne, in its current version.
3. Quality Standard
Granovit operates its business according to ISO 9001:2008 and ISO 22000:2005 certified Quality Management System (QMS), as well as, in some areas, according to GMP+B3 (2007).
4. Determination of Quality and Quantity
For the fulfillment of Granovit’s contractual obligations, the quality and characteristics of the goods determined and recorded in the shipping documents at the place of departure, as well as the loading weight determined and recorded in the shipping documents at the place of departure, are decisive. However, any obvious differences in quality and weight must be reported by the buyer at the beginning of the unloading process for all products sold by Granovit at the receiving location. Weight differences due to faulty transportation equipment require an investigation by third parties (transport authorities, officials, experts, etc.).
5. Quality Settlements for Imported Goods
Quality settlements for imported goods are made according to the contractual conditions of the upstream supplier based on the agreed price, excluding customs duties and import taxes.
6. Payment Deadline and Advance Payment
Unless expressly agreed otherwise in writing, invoices from Granovit must be paid by the buyer within 30 days from the invoice date. Granovit reserves the right to deliver the goods only against advance payment at any time, contrary to the contractually agreed payment deadline. If the customer fails to meet their payment obligations on time, they will be in default without further notice and will owe Granovit the statutory default interest of 5%.
7. Default of Payment
If the buyer is in default of payment for a claim, all remaining claims against the buyer become due and payable. The buyer shall bear all fees, costs, and expenses incurred in connection with any legally successful enforcement proceedings against them.
8. Freight Costs
If freight costs change between the conclusion of the contract and the delivery of the goods due to official measures, these changes shall be borne by the buyer. If the seller changes the contractually stipulated freight parity, any freight differences shall be reimbursed or charged to the buyer.
9. Retention of Title
Ownership of all goods and materials delivered by Granovit to the buyer shall only transfer to the buyer upon full payment. As long as the agreed remuneration has not been fully paid, Granovit is entitled, at the buyer’s expense, to have any retention of title registered on all goods and materials owned by Granovit but held by the buyer.
10. Unloading of Transportation and Storage
The buyer must unload the transportation equipment within the timeframe specified by the transport company. Any additional costs resulting from delays shall be borne by the responsible party. We define the term “suitable storage” as darkness (UV-protected) and a dry ambient temperature (15-25°C). Temperature fluctuations of 10°C must NOT be exceeded to avoid condensation. To ensure the good shape of the extrudates, temperatures below 0°C must be avoided. No freezing temperature. The feed must be stored in sealed bags, not directly on the floor (only on pallets or shelves), and without direct contact with the walls. The relative humidity of the air must be between 45-65%. All plastic and pallet protection films must be removed immediately upon receipt of the delivered feed.
11. Mandatory Storage
Delivery from the mandatory storage is considered contractually fulfilled and is also subject to the usage of the Swiss Grain Exchange in Lucerne, unless expressly agreed otherwise in writing.
12. Complaints / Defect
Notification When purchasing from Granovit, the buyer must promptly inspect the quality and characteristics of the goods upon delivery and, if any defects arise, immediately notify Granovit, but no later than at the start of the unloading process. If the buyer fails to do so, the purchased and delivered goods shall be deemed approved unless they involve defects that were not recognizable despite careful examination (so-called hidden defects). In the case of hidden defects, written notification must be made to Granovit within 2 business days of their discovery. The rights to claim defects expire 30 business days after the transfer of the goods by Granovit.
13. Liability
Granovit is liable exclusively for direct damages caused intentionally or through gross negligence to the delivered goods. Liability for slight negligence is excluded. Granovit is not liable for damages that did not occur to the delivered goods, in particular, Granovit is not liable for costs resulting from production stoppages or consequential damages of any kind resulting from the use of defective goods. To the extent permitted by law, liability for Granovit’s auxiliary personnel is waived. The injured party must prevent the occurrence or enlargement of damages to the best of their ability by taking all reasonable measures.
14. Official Measures
The consequences and obligations arising from official measures shall be borne by or benefit the buyer. Granovit shall take the necessary precautions within the scope of its duty of care to limit costs.
15. Transfer of Rights and Obligations
In addition to Article 4 of the Usage of the Swiss Grain Exchange in Lucerne, Granovit is entitled to transfer individual rights and obligations from the contractual relationship to a third party without the buyer’s consent.
16. Applicable
Law The contract between Granovit and the buyer is subject to Swiss law, excluding the rules of private international law as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17. Arbitration
Disputes shall be attempted to be resolved amicably by the parties. If this is not successful, the differences shall be decided by an arbitration tribunal of the Swiss Grain Exchange in Lucerne.
18. Data Protection
The data protection provisions of Granovit shall apply.
19. Priority of the German Version
These T&C are drafted in German, French, and English. In case of discrepancies, the German text shall prevail.