Trade Terms & Conditions
Animalife supplies a range of premium products to the equine and pet markets directly. Our products are sold in accordance with specified criteria to maintain the highest standards as a premium product and to ensure that our customers, Accredited Stockists and Consumers receive quality service, advice and support when choosing our products.
The following Terms and Conditions constitute the entire agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.
1.1 As an Animalife Stockist you agree to sell our trademarked products within the United Kingdom (unless your account application form details your head office/territory in another country) on the terms of this agreement.
2. To be listed and promoted as an Accredited Stockist:
2.1 You will be required to purchase all your Animalife branded products, directly from Animalife.
2.2 Accredited Stockists will be required to show a fair representation of the brand in store. To achieve this Stockists are required to maintain a minimum stock holding as agreed between the parties at all times, sufficient to provide a fair representation of the Brand.
2.3 The aforementioned clauses need to be applied to all branch stores that require listing and Animalife support; each being registered and each holding the minimum required stock levels.
2.4 All Products and quantities thereof, listed on your website must be available in your store.
2.5 30-day month-end, credit facilities may be granted to applicants who complete the Supplier’s Credit Account Application Form and who satisfy the Supplier’s criteria as set out from time to time. Where facilities are granted the Supplier reserves the right to withdraw them at any time, without having to give their reasons and, in such a case, all outstanding invoices become due and payable immediately.
2.6 As an accredited Stockist you agree only to supply your end users and not to supply our products to any other trade outlet.
2.7 As an Accredited Stockist your responsibility will be to sell our branded products through your physical retail outlet, your website, and/or at public events/shows.
2.8 You agree not to list our products on any third-party websites, including eBay and Amazon without our prior consent.
2.9 Since all up-to-date information and the latest graphics are readily available to you and can be obtained from Animalife on request, you undertake to list all Animalife details correctly on your website.
2.10 Requests for approved Animalife Accredited Stockist graphics (including the Animalife registered trademark) can be made to tradelife@animalife.co.uk
2.11 Accredited Stockists accept that no adjustment may be made to finished goods as supplied to you.
2.12 Supply of our products are subject to Animalife’s discretion.
3. An Accredited Stockist may not;
3.1 Act as, or present themself as an agent of the Animalife company for any purpose;
3.2 Give any additional warranty on Animalife products;
3.3 Engage in any misrepresentation of Animalife product claims and/or benefits other than those provided in official literature and on the Animalife website;
3.4 Commit Animalife to any sales contract or supply arrangements other than those contained herein.
4. Representations and Undertakings
4.1 To use your reasonable endeavours to promote the sale of our products;
4.2 To engage in Animalife offers and promotions whenever practical and likely to increase sales, in-line with national advertising campaigns.
4.3 To participate, support and provide the opportunity for your staff to engage in Continuing Professional Development (CPD) training specifically created and provided to increase product knowledge from time to time. This will enable your business to confidently assist your customers in making an informed and successful decision.
4.4 To maintain an adequate point of sale display of our products.
4.5 Provide appropriate storage to best maintain Animalife products in peak condition.
4.6 To provide adequate sales service in relation to our products.
4.6 Inform Animalife immediately of any changes of ownership or control of your business, and any material change in your method of doing business that might be expected to affect the performance of our products at retail.
5. Advertising and Promotion
5.1 You are encouraged to make full use of all point of display merchandise provided to you to display our products in a prominent position.
5.2 Ensure that you have appropriately trained and qualified members of staff to provide adequate advice, support and guidance to customers.
5.3 Conform to the branding policies of Animalife when advertising, marketing and promoting our products.
6. Trade Marks
6.1 Trade Marks may not be altered in any way.
6.2 Animalife permit the non-exclusive right to use all registered trade marks in the promotion, advertisement and sale of our products subject to your account being correctly maintained.
6.3 You may not sub-licence or transfer this agreement, nor any rights to use Animalife trademarks.
6.4 You are requested to notify us if you become aware of any infringement or suspected misuse of our Trademarks or any other Animalife intellectual property relating to our products, or should you become aware of any false claim/s related to our products. We will be obliged if you inform us.
7. Confidentiality
7.1 The Accredited Stockist should not disclose to any third party, any confidential information concerning the Animalife business or component suppliers to Animalife.
7.2 Claims and Liability
a. Advice of damage, delay or loss of goods in transit of non-delivery must be given in writing to the Seller and the carrier within three clear days of delivery (or, in the case of non-delivery, within 3 days of notification or dispatch of the goods) and any claim in respect thereof must be made in writing to the Seller and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 7 days of notification of dispatch). All other claims must be made in writing to the Seller within 14 days of delivery. The Seller shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Buyer proves that (i) it was not possible to comply with the requirements and (ii) the claim was made as soon as reasonably possible.
b. If the Product is defective so that the Buyer may in law reject it, said rejection must take place within 7 days of delivery of the goods, failing which the Buyer will be deemed to have accepted the Product.
c. In the event of all or any claim or rejections the Seller reserves the right to inspect the Product within seven days of the claim or rejection being notified.
8.3 Liability
a. Insofar as is permitted by law where Products are defective for any reason, including negligence, the Seller’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Product.
b. Where the Seller performs its obligations to rectify defective Product under this condition the Seller shall not be liable for indirect loss, consequential loss or third-party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Product nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
c. Defective Product must be returned to the Seller before replacement or credits can be issued. If the subject Product is not available to the Seller the Seller will hold that the Buyer has accepted the Product and no credits or replacement Product will be provided.
d. The Seller shall not be liable for indirect loss, consequential loss or third-party claim occasioned by delay in supplying the Product or for any loss to the Buyer arising from delay in transit, whether as a result of the Seller’s negligence or otherwise.
8.1 Retention of Title
a. The Products remains the Seller’s property until the Buyer has paid for it and discharged all other debts owing to the Seller.
b. If the Buyer becomes subject to insolvency and the Products have not been paid for in full the Seller may take the goods back and, if necessary, enter the Buyer’s premises to do so, or to inspect and/or label the goods so as to identify them clearly.
c. If the Buyer shall sell the Products before they have been paid for in full, he shall hold the proceeds of sale on trust for the Seller in a separate account until any sum owing to the Seller has been discharged from such proceeds.
8.2 UK Delivery
a. Delivery of the Product shall be accepted when tendered.
b. Unless otherwise agreed in writing Product and delivery times are a guide only and, whilst the Seller will make every effort to adhere to proposed timescales, time is not of the essence in any contract with the Buyer.
c. Unless otherwise agreed in writing, (in which case an extra charge may be made) delivery will be to kurbside at the Buyer’s address and the Buyer will make arrangements for off-loading and for any additional transportation to its storage facility.
d. Delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle the Seller to make an extra charge to reflect its extra costs.
e. Should expedited delivery be agreed the Seller shall be entitled to make an extra charge to cover any overtime or any other additional costs.
8.3 Accounts outside the UK and collections
a. Trade accounts based outside of the UK must arrange collection of products and be responsible for all carriage and duty charges based on incoterms Ex Works.
b. Any new account will be Proforma for a minimum of three orders.
c. To maintain a high level of service and to ensure correct labelling and shipping documentation available, quarterly sale forecasting is advised.
8.4 Insolvency
Without prejudice to other remedies, if the Buyer becomes insolvent, the Seller shall have the right not to proceed further with supplying any other Products and be entitled to charge for Products already carried out (whether completed or not) and materials purchased for the Buyer, such charge to an immediate debt due to him. Any unpaid invoices shall become immediately due for payment.
9. Law
These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
10. Animalife can cancel, withdraw or alter these Terms and Conditions at any time.
To get the latest Terms and Conditions or for general trade enquiries please call 01212969901* Animalife® is a trading name of Oxyman (UK) Ltd. Registered Office: Unit 10 B, Parc Caer Seion Conwy LL32 8FA, UK Tel : +44(0)121 296 9901 www.animalife.co.uk e-mail: tradelife@animalife.co.uk