c) Since we are using natural products (wood, sisal, leather etc.), we must point out that any deviations in the structure or color of goods displayed in photographs compared to items delivered to customers are part of the individual character of these natural products and do not substantiate any claims.
d) The company Catwalk reserves the right - given the customer's consent - to supplement or remove parts necessary for assembly if the company finds that the parts used by the customer in their current combination are not suitable for a correct assembly, i.e. assembly as intended by the customer.
e) We assume the customer's implicit consent regarding the exchange or replacement of parts according to 1.d), if the customer has not expressed her/his disagreement in writing within a period of five (5) days after receiving the company Catwalk's notification.
a) The company Catwalk gives a five-year (5) warranty on all scratching post parts except for cushions and sisal ropes.
b) Any damages caused by inappropriate treatment or exertion of violence are excluded from this warranty.
c) According to these Standard Business Terms, damages to sisal ropes and cushions caused by the exercise of cats' natural scratching behavior are considered normal wear & tear. We will gladly sell you cushions or hammocks to replace such worn items. Torn Catwalk trunks can be rewrapped with new sisal rope upon request (please inquire for prices).
d) Should the goods turn out to be deficient, the company Catwalk will cure this defect (remedy) or provide a replacement (subsequent delivery) within the legal two-year warranty period. However, the company Catwalk must receive notice of defects without delay. The customer is obliged to return the goods if necessary. Upon valid determination of defects, Catwalk will carry the costs for return of the goods. If any attempts of curing the defect fail, the customer may either lower the purchase price or decide to annul the purchase contract. Any curing of defects and delivery of replacements are based on Catwalk's goodwill and do not constitute a recognition of any legal obligation.
3. Limitation of Liability
The company Catwalk is without restrictions liable for personal damages. The same applies to other damages that the customer has suffered as the result of any act that we committed intentionally or out of serious negligence. We will also be held liable for contract-typical damages the customer incurred due to a serious breach of contract on our side if we are only guilty of slight negligence. For the rest, we will not be held liable for slight negligence. A substantial contractual obligation in the sense of these Standard Terms of Business is one that enables the proper execution of this contract, and one that the parties to this contract regularly rely on.
4. Statute of Limitations
If the customer legally withdraws from her/his purchase contract or legally lowers the purchase price due to a defect of the goods, s/he will lose her/his right to be refunded the purchase price
- within five (5) years, if the purchased goods are a building or an item that was customarily intended to be used in a building and has caused the defectiveness thereof;
- within two (2) years in all other cases.
5. Place of Jurisdiction and Performance
The laws of the Federal Republic of Germany apply. Place of performance is the location of the headquarters of the company Catwalk. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded from this agreement.
6. Severability Clause
Should any part of these Standard Business Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.