Terms and Conditions for COI SALE


You can find our general terms and conditions here:
General Terms and Conditions - General Terms and Conditions - JAPAN-KOI-SIESS

Live animals cannot be exchanged!

All of our fish are free of any externally visible signs of illness when picked up/delivered. The arrival or delivery of live fish that are free of any externally recognizable signs of illness is guaranteed.

In the event of loss or damage to the Koi, a claim must be made immediately after delivery. The fish must be photographed and the photos made available to us immediately. Dead animals must be frozen until completely cleared. Complaints received later will not be accepted. Returns of complained animals can be requested for the purpose of preserving evidence.
Animals that are rightly complained about - recognized by us - can be exchanged for a new one, a credit note can be issued, or the purchase price can be refunded in part or in full.

When live animals are delivered, the reversal of the burden of proof under Section 1298 ABGB does not apply, as the corresponding presumption is generally not compatible with the nature of the item or the defect. The buyer is obliged to prove that the defect already existed at the time of the transfer of risk.

Losses that occur after the animals have been taken over cannot be recognized because the animals are beyond the influence of the JAPAN-KOI-SIESS company.
Liability for subsequent illnesses or death is expressly excluded.
The buyer must ensure that the usual quarantine regulations are adhered to on site and that he reacts in a timely manner and takes the necessary measures in the event of illness.

The koi/fish delivered must be kept separate from the buyer's aquatic animals in quarantine at a permanent water temperature of 18 to 24° Celsius for at least six weeks in order to prevent the transmission of diseases present at the time of delivery, in particular the koi herpes virus (KHV). . Any guarantee and/or warranty is excluded if our fish are put together in tanks or circuits with fish of other origins.

The buyer must have a PCR (Polymerase Chain Reaction) test for KHV of the koi fish carried out by a licensed veterinarian at his own expense and keep the test results for documentation.

If the koi/fish are sold or passed on to a third party, the buyer is obliged to have a PCR test for KHV carried out at his own expense and to only hand over the koi/fish when the test results are available and are harmless.

When adding new koi to a fish population already in the pond without quarantine, there is always the risk of a bacterial infection breaking out, both in the old stock and in the new addition.
This is the result of the individual koi confronting bacteria that were previously unknown to them.
Depending on the water temperature, this can take on different dimensions. In general, the higher the water temperature, the fewer the problems with illness and the faster the recovery.

It should also be noted that an existing koi population may contain KHV carrier koi that have lived and are still alive for many years without any obvious disease problems with the koi herpes virus (KHV) that is dormant in them.
However, when mixing the stock with new Koi, there is the possibility that dormant Koi herpes viruses will be excreted and lead to a KHV outbreak in Koi in your facility.
We at Japan Koi Siess do everything according to the current state of science to exclude the koi herpes virus from the stocks of Japan Koi Siess.

We at Japan Koi Siess cannot provide any guarantees in the event of koi herpes virus diseases
in your inventory after purchasing and introducing a Koi from Japan Koi Siess.

All koi purchased or reserved from us can remain in our facility FREE of charge until the end of May of the current season.
In the event of damage (illness, death, injury, etc.), Japan Koi Siess assumes 100% risk and liability.
Different agreements regarding a longer stay in our facility and/or risk agreements must be agreed in writing by both parties!

If the buyer decides to leave his koi at Japan Koi Siess for longer than the end of May of the current season, this is at the buyer's risk.
In the event of any damage (illness, death, injury, etc.), Japan Koi Siess cannot accept any liability that goes beyond the usual care.
The duration of the stay and the costs for the stay from the end of May of the current season must be agreed in writing by both sides!
Any accommodation costs that may arise must be paid in advance by the buyer.

Our General Terms and Conditions, including the supplementary Part General Terms and Conditions Koikauf, apply to both end customers and resellers.

Place of jurisdiction: Innsbruck

We are happy to answer any questions you may have