{"id":14577,"date":"2020-02-18T12:04:55","date_gmt":"2020-02-18T11:04:55","guid":{"rendered":"https:\/\/www.khboddin.com\/?page_id=14577"},"modified":"2025-04-17T13:58:39","modified_gmt":"2025-04-17T11:58:39","slug":"gtc","status":"publish","type":"page","link":"https:\/\/www.khboddin.com\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"

[vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column]<\/p>

General Purchasing Conditions*
\nKH Boddin Group**<\/span><\/h3>
<\/div>[vc_column_text css=\u201c\u201d]Scope of application:<\/strong>
\nKH Boddin GmbH**
\nKHB Feed GmbH**\n

Kapstadtring 7
\n22297 Hamburg
\nGermany<\/p>\n

Phone: +49-40-227129-0
\nFax: +49-40-227129-30
\ne-mail: info@khboddin.com<\/a>
\nwww\u200b.khboddin\u200b.com<\/a><\/p>\n

* = For the sake of better reada\u00adbility, the masculine or feminine form is used for personal names and main words in these General Purchasing Condi\u00adtions. For the purposes of equal treatment, these expres\u00adsions apply in principle to all genders. The shortened language form has only editorial reasons and is not intended to pass any judgement.
\n** = herein\u00adafter also referred to as KHB<\/p>\n

1. Scope of appli\u00adcation, general provisions<\/strong><\/p>\n

(1) These General Purchasing Condi\u00adtions shall govern all contracts for delivery \/ services deliverable to one or several companies that are part of KH Boddin Group**.<\/p>\n

(2) Inquiries, orders and deliveries are based exclu\u00adsively on these General Purchasing Condi\u00adtions (www\u200b.khboddin\u200b.com\/agb<\/a>) and our Supplier Code of Conduct (see www\u200b.khboddin\u200b.com\/\u200bs\u200bu\u200bp\u200bp\u200bl\u200bi\u200be\u200br\u200b-\u200bc\u200bo\u200bd\u200be\u200b-\u200bo\u200bf\u200b-\u200bc\u200bo\u200bnduct\/<\/a>), which are both available on the Internet (and the plea of unawa\u00adreness or non-receipt is thus excluded). These General Purchasing Condi\u00adtions apply exclu\u00adsively. Terms and condi\u00adtions of the Supplier or third parties that contradict or deviate from these General Purchasing Condi\u00adtions shall not apply unless their appli\u00adcation was expressly approved in writing. This shall also apply if a delivery is accepted without reser\u00advation in awareness of the Supplier\u2019s conflicting or different terms and conditions.<\/p>\n

(3) Unless provided for differ\u00adently in the following provi\u00adsions, the inter\u00adpre\u00adtation of the various contract clauses shall follow the latest version of the INCOTERMS.<\/p>\n

(4) Devia\u00adtions from these General Purchasing Condi\u00adtions shall only be legally binding with the express written confir\u00admation from the Customer.<\/p>\n

(5) In the event individual provi\u00adsions of these General Purchasing Terms or parts thereof are legally ineffective, the effec\u00adti\u00adveness of the remaining provi\u00adsions or parts thereof shall remain without prejudice.<\/p>\n

(6) These General Purchasing Condi\u00adtions shall also govern all future transac\u00adtions with the Supplier. They are published on the KHB internet homepage (www\u200b.khboddin\u200b.com\/agb<\/a>), and the Supplier is thus excluded from the plea of not having received them. All previous agree\u00adments shall lapse upon publi\u00adcation of these General Purchasing Conditions.<\/p>\n

2. Prices <\/strong><\/p>\n

(1) If, after conclusion of the contract, a legal norm is promul\u00adgated according to which levies from third parties involved in the provision of the services are to be adjusted with effect for the agreed delivery period or part thereof and, as a result, KHB\u2019s verifiable expenses change by more than 10%, KHB will notify this to the supplier and efforts will be made to achieve a reasonable division of the costs or to allow KHB the right to withdraw from the contract.<\/p>\n

If these levies are 25 % or more in excess of that origi\u00adnally agreed, KHB has the right to withdraw from the contract. This right must be claimed in writing.<\/p>\n

Levies within the meaning of this provision include, for example, export duties, import duties, penalty duties, customs duties, taxes, tolls, general public charges, levies and excise duties.<\/p>\n

(2) KHB may rescind the unper\u00adformed portion of the contract without incurring a liability to compen\u00adsation if the contrac\u00adtually agreed price, freight reimbur\u00adsement agree\u00adments or payment terms, or the possi\u00adbility of applying such increases or adjus\u00adt\u00adments to freight reimbur\u00adsement agree\u00adments or payment terms, change, are modified, or are declared unlawful by virtue of law or official decree.<\/p>\n

3. Order fulfilment, environ\u00admental protection, energy management, health and safety, quality<\/strong><\/p>\n

(1) The supplied products must conform with the agreed speci\u00adfi\u00adca\u00adtions and comply with the recognized rules of technology, the appli\u00adcable legal and official regula\u00adtions, and any further contrac\u00adtually agreed requi\u00adre\u00adments. The Supplier must in parti\u00adcular observe the appli\u00adcable accident prevention regula\u00adtions as well as the generally recognized occupa\u00adtional health and safety rules.<\/p>\n

(2) In as far as the Supplier is contrac\u00adtually obliged to operate a management system for quality, environ\u00admental, energy management or for occupa\u00adtional health and safety or associated regula\u00adtions, the Customer shall be autho\u00adrised to inspect such system and its imple\u00admen\u00adtation during normal business hours after giving prior notice. The Supplier is in this context respon\u00adsible for clari\u00adfying questionable product designa\u00adtions contained in our order with regard to the type and quality of goods, and in this respect bears the risk of wrong delivery.<\/p>\n

(3) The Supplier is prohi\u00adbited from using any carci\u00adno\u00adgenic substances.<\/p>\n

(4) The Supplier must conti\u00adnuously adjust the quality and, if appli\u00adcable, the energy efficiency of the deliverable products and services to reflect state-of-the-art technology and draw the Custo\u00admer\u2019s attention to oppor\u00adtu\u00adnities for impro\u00advement and possible technical modifications.<\/p>\n

(5) The invol\u00advement of subcon\u00adtractors shall require the Custo\u00admer\u2019s prior written consent. If the Supplier involves subcon\u00adtractors in the perfor\u00admance of the contractual obliga\u00adtions owed to the Customer, the Supplier must impose the same obliga\u00adtions on the subcon\u00adtractors as he has assumed vis-a-vis the Customer and assure compliance with them.<\/p>\n

4. Order accep\u00adtance, samples<\/strong><\/p>\n

(1) The Supplier must accept the order by issuing a written confir\u00admation without delay, and in any case by the next working day after receipt of the order. Our order is no longer binding once this period has lapsed.<\/p>\n

(2) The Supplier is in this context respon\u00adsible for clari\u00adfying questionable product designa\u00adtions contained in our order with regard to type and quality of the goods, and thus bears the risk of wrong delivery.<\/p>\n

(3) If the Customer has provided the Supplier with a sample, the order shall be based on such sample and the sample\u2019s properties shall be deemed assured properties of the product to be supplied. The same shall apply to samples that have been provided by the Supplier and recognized by the Customer as autho\u00adri\u00adtative for the order.<\/p>\n

(4) The Customer is autho\u00adrised to rescind the contract at any time by issuing a written decla\u00adration stating the reasons if the ordered products or materials cannot be used, or if they can only be used with signi\u00adficant additional effort, due to circum\u00ads\u00adtances that arise after contract conclusion and are attri\u00adbu\u00adtable to the Supplier (e.g. unsatis\u00adfactory or lacking compliance with statutory requi\u00adre\u00adments), or if the Supplier\u2019s financial situation deterio\u00adrates in a way that renders a contrac\u00adtually conforming delivery unlikely. <\/strong><\/p>\n

5. Transfer of risk and transport costs<\/strong><\/p>\n

(1) Unless agreed otherwise, the Supplier shall bear the risk until the delivery is handed over at the place of destination.<\/p>\n

(2) Unless agreed differ\u00adently, the price includes packaging as well as delivery and transport to the shipping address specified in the Custo\u00admer\u2019s order. Insofar as the agreed price does not include the packaging and the charge for packaging \u2013 that is not only provided on a loan basis \u2013 is not expressly specified, the amount to be charged shall be based on the actual costs incurred.<\/p>\n

(3) The Supplier is obliged to accept return delivery of the packaging material free of charge at the Custo\u00admer\u2019s request.<\/p>\n

6. Delivery, delivery time, packaging<\/strong><\/p>\n

(1) The Supplier shall only be autho\u00adrised to make partial deliveries with the express consent of the Customer.<\/p>\n

(2) The Supplier must mark the delivery in the transport documents in accordance with the speci\u00adfi\u00adca\u00adtions specified in the order. In addition, the Custo\u00admer\u2019s order number must always be specified in the transport documents.<\/p>\n

(3) The dates of delivery or perfor\u00admance stated in the order are binding. The Customer may reject early deliveries that arrive before the agreed delivery date. The Supplier shall be required to inform the Customer immediately in writing if circum\u00ads\u00adtances occur or become apparent that indicate that the agreed delivery date cannot be met. A reminder notice shall not be required in this case.<\/p>\n

(4) If the latest permis\u00adsible date for delivery is specified in the contract, the Supplier shall come into default at the end of the respec\u00adtively specified day without the Customer being required to issue a dunning letter. The Customer shall be entitled to the statutory claims for delayed delivery. The Customer is in parti\u00adcular autho\u00adrised to set a reasonable period for subse\u00adquent perfor\u00admance and to demand compen\u00adsation for non-perfor\u00admance after the fruitless expiry of said period.<\/p>\n

(5) Unless required for legal reasons or otherwise specified in writing by the Customer, the Supplier shall ensure that no references to the manufac\u00adturer and\/or the Supplier and\/or his and his buyers and\/or upstream suppliers are present on or inside the goods, or outside or inside the packaging.<\/p>\n

(6) If a perfor\u00admance is impeded by an event of force majeure, the Customer shall have the right to demand the perfor\u00admance to be rendered at a later date. The Customer is in this case obliged to notify the Supplier without delay.<\/p>\n

7. Requi\u00adre\u00adments for supplied products\/materials\/mixtures<\/strong><\/p>\n

(1) The Supplier shall assure and guarantee that the supplied products, materials and mixtures comply with the requi\u00adre\u00adments under the European and German laws governing materials and chemicals, in parti\u00adcular that they are properly regis\u00adtered or pre-regis\u00adtered in accordance with Regulation (EC) No. 1907\/2006 (REACH), including in parti\u00adcular for the type of use notified by the Customer, if appli\u00adcable, and that they are properly classified, labelled and packaged in accordance with Regulation (EC) No. 1272\/2008 (CLP). If the German and European regula\u00adtions stipulate different requi\u00adre\u00adments, the Supplier under\u00adtakes to observe the more stringent requirements.<\/p>\n

(2) Suppliers with regis\u00adtered office outside the European Union are obliged to appoint a qualified \u201cOnly Repre\u00adsen\u00adtative\u201d in accordance with Art. 8 REACH (herein\u00adafter referred to as \u201cOR\u201d) with regis\u00adtered office in the European Union, and to impose on such person the perfor\u00admance of all obliga\u00adtions owed by an importer under REACH, insofar as a supplied product, supplied material, supplied mixture or an ingre\u00addient contained in a supplied  mixture is subject to regis\u00adtration under REACH. The name and address of the OR must be provided to the Customer prior to the first delivery. Changes to the person appointed OR and abandonment the OR\u2019s function must be notified to the Customer in writing without delay.<\/p>\n

(3) The Supplier is obliged to provide the Customer with the legally prescribed product infor\u00admation, including in parti\u00adcular safety data sheets and infor\u00admation pursuant to Art. 32 REACH as well as similar product infor\u00admation (e.g. infor\u00admation on occupa\u00adtional health and safety, use, labelling and processing), which must be made available unsoli\u00adcited, free of charge and in a suitable form in due time before the first delivery. This applies accor\u00addingly to any updates.<\/p>\n

(4) The Supplier must notify the Customer in writing before the first delivery if and to the extent<\/p>\n