Terms and Conditions

§ 1 Scope

These General Terms and Conditions (GTC) apply to all business relationships with our customers regarding the storage of pallets and goods in our cold storage facility (deep-freeze storage).

Deviating terms and conditions of the customer shall not apply unless we have expressly agreed to them in writing. This requirement for consent shall also apply if the customer refers to their own terms and conditions prior to the conclusion of the contract and we have not expressly objected to them.

§ 2 Delivery Requirements

(1) The delivered pallets and goods must meet the following requirements:

• Pallets must not be top-heavy and must have an even weight distribution.
• Goods must be delivered exclusively on flawless and standardized Euro pallets.
• Pallets must be secured in such a way that items cannot fall off at any time.
• The total weight per pallet must not exceed 1,000 kg.
• Pallets must be straight, stable, and properly stacked.
• Pallets must not be dirty or sticky and must be in a hygienically flawless condition.
• The goods must be properly packaged.

(2) The customer is obliged to clearly label each pallet. The labeling must include in particular:

• Best-before date (BBD)
• Exact description of the goods contained

(3) Only food or animal feed may be stored. The storage of hazardous goods or other inadmissible substances is excluded.

(4) The delivered pallets must not pose any risk. In particular, it must be ensured that no damage or contamination can be transferred to other stored goods. Likewise, the stored pallets must not impair or endanger the cooling system, storage equipment, or the building.

(5) We are entitled to reject pallets that do not meet our requirements.

§ 3 Appointments, Delivery Address and Times

(1) Agreed delivery dates are binding and must be adhered to.

(2) Delivery address: K&K Petfood GmbH, Feldstraße 26, 19348 Perleberg, Germany.

(3) Deliveries are only possible during the following times:

• Monday to Thursday: 06:00 – 14:00
• Friday: 06:00 – 11:00

Delivery times are not guaranteed. Changes are reserved and should be requested in advance if necessary.

(4) Collections are only carried out by prior arrangement.

§ 4 Receipt of Goods and Inspection

(1) Incoming goods are only inspected for the external condition of the pallets, in particular the outer packaging (e.g. stretch film).

(2) The packaging must be intact, undamaged, and hygienically flawless.

(3) No further inspection is carried out, especially regarding content, quantity, quality, or temperature of the goods.

(4) We reserve the right to refuse storage of pallets with damaged or defective packaging.

§ 5 Prices and Payment Terms

(1) Storage is only carried out against advance payment. Full payment for the booked storage period must be made before delivery.

(2) Booking and payment for storage services are carried out exclusively via our online platform.

(3) Without full payment, there is no entitlement to storage.

§ 6 Rejection and Reimbursement of Expenses

If delivered pallets and goods do not meet the requirements according to § 2 and § 4, we are entitled to refuse acceptance or to carry out corrective measures at the customer’s expense. Until the costs have been reimbursed, we have a right of lien/retention on the pallet/goods.

§ 7 Storage Period, Exceeding Storage Period and Uncollected Goods

(1) The storage period is based on the booked and agreed storage duration.

(2) If the goods are not collected after the agreed storage period has expired, the customer will be granted a reasonable grace period for collection. Text form is sufficient for setting the deadline.

(3) If the goods are not collected within the set grace period and one month has passed since the end of the agreed storage period, we are entitled to dispose of and/or destroy the goods without further notice.

(4) For the duration of the exceeded storage period, the customer is obliged to pay for the additional storage service plus a contractual penalty of 30% of the additional storage fee. This penalty will be offset against any damages already incurred or still to be incurred. Until full payment, we have a right of lien/retention on the stored goods.

(5) The costs incurred for disposal/destruction shall be borne by the customer.

§ 8 Obligations and Liability of the Customer

(1) The customer warrants that they are the owner of the pallets and goods to be stored, are authorized to dispose of them, or are authorized to arrange their storage.

(2) The customer bears the risk of loss and/or deterioration of the goods during storage.

(3) The customer shall be fully liable for all damages, losses, and expenses incurred due to non-compliance with storage requirements and/or deadlines. This includes direct and indirect damages, in particular property damage, contamination, and damage to other stored goods, storage equipment, or operational resources.

(4) The customer shall indemnify us against all third-party claims arising from improper delivery, packaging, or labeling.

§ 9 Other Liability

(1) Unless otherwise stated in these GTC, we shall be liable in accordance with statutory provisions for breaches of contractual and non-contractual obligations.

(2) Within the scope of fault-based liability, we shall only be liable for damages in cases of intent and gross negligence. In cases of simple negligence, we shall only be liable:

• for damages resulting from injury to life, body, or health
• for damages resulting from the breach of an essential contractual obligation

In this case, liability is limited to the foreseeable, typically occurring damage.

(3) Limitations of liability also apply to third parties and to breaches of duty by persons whose fault we are responsible for.

(4) The limitations of liability do not apply in cases of fraudulent intent or breach of guarantees.

§ 10 Force Majeure

(1) We shall not be liable for damages or service failures caused by force majeure.

(2) Cases of force majeure include in particular:

• Natural disasters
• Lightning strikes
• Power outages
• Official measures
• Strikes or other unforeseeable events beyond our control

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, Perleberg shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.