{"id":14569,"date":"2020-02-18T11:54:10","date_gmt":"2020-02-18T10:54:10","guid":{"rendered":"https:\/\/www.khboddin.com\/?page_id=14569"},"modified":"2026-07-23T13:17:30","modified_gmt":"2026-07-23T11:17:30","slug":"terminos-y-condiciones","status":"publish","type":"page","link":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/","title":{"rendered":"T\u00e9rminos y condiciones"},"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

* = References to persons apply to all genders.
\n** = The companies covered are herein\u00adafter jointly referred to as \u201cKHB\u201d or the \u201cPurchaser\u201d.<\/p>\n

1. Scope and General Provisions<\/strong><\/p>\n

(1) These General Terms and Condi\u00adtions of Purchase apply to all contracts for supplies and services to one or more companies of the KH Boddin Group.<\/p>\n

(2) Enquiries, purchase orders and deliveries shall be made exclu\u00adsively on the basis of these General Terms and Condi\u00adtions of Purchase and KHB\u2019s Supplier Code of Conduct. Any conflicting or deviating terms and condi\u00adtions of the Supplier or any third party shall not be accepted unless KHB has expressly agreed to their appli\u00adcation in text form. This shall also apply where KHB accepts delivery without reser\u00advation despite being aware of conflicting or deviating terms.<\/p>\n

(3) Where an Incoterms\u00ae rule is expressly agreed in the contract, the version specified in the contract shall apply. Incoterms\u00ae govern in parti\u00adcular the place of delivery, transport obliga\u00adtions, allocation of costs and transfer of risk. Respon\u00adsi\u00adbi\u00adlities under dangerous goods, product, packaging and other mandatory public-law requi\u00adre\u00adments, as well as the Supplier\u2019s obliga\u00adtions under these Terms and Condi\u00adtions, shall remain unaffected.<\/p>\n

(4) Any deviation from these General Terms and Condi\u00adtions of Purchase shall be effective only if expressly confirmed by the Purchaser in text form.
\n(5) If any provision or part of a provision is or becomes invalid, the validity of the remaining provi\u00adsions shall not be affected.<\/p>\n

(6) These General Terms and Condi\u00adtions of Purchase shall also apply to future transac\u00adtions with the Supplier. Indivi\u00addually negotiated agree\u00adments and expressly deviating provi\u00adsions in purchase orders or framework agree\u00adments shall remain unaffected and shall take prece\u00addence over these Terms and Conditions.<\/p>\n

(7) These General Purchasing Condi\u00adtions are published on the KHB website (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 provision is enacted that changes public charges or compa\u00adrable costs included in the perfor\u00admance of the contract with effect for the agreed delivery period, the parties shall seek an appro\u00adpriate allocation where a proven cost change exceeds 10%. If the increase amounts to at least 25% of the agreed price, KHB shall be entitled to withdraw from the unper\u00adformed part of the contract. Such charges include in parti\u00adcular export and import duties, customs duties, punitive tariffs, taxes, tolls and other public charges.<\/p>\n

(2) If the agreed price, freight remune\u00adration or payment terms are changed or rendered unlawful by law or official order, KHB may withdraw from the unper\u00adformed part of the contract without compensation.<\/p>\n

3. Perfor\u00admance, Environ\u00admental Protection, Energy Management, Safety, Occupa\u00adtional Health and Quality<\/strong><\/p>\n

(1) The delivery must comply with the agreed speci\u00adfi\u00adca\u00adtions, recog\u00adnised rules of technology and all appli\u00adcable statutory, regulatory and contractual requi\u00adre\u00adments. The Supplier shall in parti\u00adcular comply with the relevant accident-prevention, safety and occupa\u00adtional-health rules.<\/p>\n

(2) Where the Supplier is contrac\u00adtually required to maintain a management system for quality, environ\u00admental protection, energy, occupa\u00adtional safety or health protection, or under compa\u00adrable standards, the Purchaser shall be entitled, following reasonable prior notice and during normal business hours, to inspect the system and its imple\u00admen\u00adtation itself or through competent third parties.<\/p>\n

The Supplier shall provide the necessary documents and access to a reasonable extent. Inspec\u00adtions or approvals shall not release the Supplier from its obliga\u00adtions. Before perfor\u00admance, the Supplier shall clarify any ambiguous product description in the purchase order as regards nature, grade and type and shall bear the risk of incorrect delivery in this respect.<\/p>\n

(3) The use of carci\u00adno\u00adgenic substances is prohi\u00adbited unless expressly agreed and legally permitted.<\/p>\n

(4) The Supplier shall align the quality and, where relevant, the energy efficiency of goods, products and services with the state of the art and shall inform KHB of suitable oppor\u00adtu\u00adnities for impro\u00advement or modification.<\/p>\n

(5) The Supplier shall impose on its subcon\u00adtractors at least the obliga\u00adtions assumed by the Supplier towards KHB and shall monitor compliance. Activities relevant to dangerous goods or packaging may be delegated only to suitable and demons\u00adtrably qualified third parties. Their acts and omissions shall be attri\u00adbuted to the Supplier in relation to KHB as if they were the Supplier\u2019s own.<\/p>\n

4. Accep\u00adtance of Purchase Orders and Samples<\/strong><\/p>\n

(1) The Supplier shall confirm the purchase order in text form without delay and no later than the next working day after receipt. There\u00adafter, KHB shall no longer be bound by the purchase order.<\/p>\n

(2) The Supplier shall clarify any ambiguous product descrip\u00adtions in the purchase order as regards nature, grade and type and shall bear the risk of incorrect delivery in this respect.<\/p>\n

(3) Where the purchase order is based on a sample provided by KHB or expressly recog\u00adnised by KHB as autho\u00adri\u00adtative, the charac\u00adte\u00adristics of that sample shall constitute the agreed quality.<\/p>\n

(4) KHB shall be entitled to withdraw from the contract for good cause, in parti\u00adcular where, owing to circum\u00ads\u00adtances for which the Supplier is respon\u00adsible, the ordered products or substances can no longer be lawfully used or marketed, or can be so used only at considerable expense, or where contractual delivery is jeopar\u00addised by a material deterio\u00adration in the Supplier\u2019s financial circumstances.<\/p>\n

5. Transfer of Risk, Transport and Packaging Costs<\/strong><\/p>\n

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

(2) Unless otherwise agreed, the price shall include delivery and transport to the delivery address stated in the purchase order, including proper packaging. Where separate remune\u00adration for packaging has expressly been agreed, no more than the proven cost price may be charged.<\/p>\n

(3) To the extent legally permis\u00adsible and unless otherwise provided in the purchase order, the Supplier shall, at KHB\u2019s request, take back free of charge any transport packaging and reusable packaging used by it. Statutory producer, take-back, regis\u00adtration and disposal obliga\u00adtions shall remain unaffected.<\/p>\n

(4) Transfer of risk, allocation of costs, transport organi\u00adsation or an Incoterms\u00ae rule shall not affect the Supplier\u2019s respon\u00adsi\u00adbility for any incorrect classi\u00adfi\u00adcation, packaging, marking, documen\u00adtation or other non-compliant prepa\u00adration for dispatch existing at the time of handover.<\/p>\n

6. Delivery, Delivery Time, Packaging and Packaging Compliance<\/strong><\/p>\n

(1) Partial deliveries require the Purchaser\u2019s express consent.<\/p>\n

(2) The Supplier shall mark and describe the delivery and all transport, dangerous goods, commercial, customs, product and packaging documents completely, correctly and consis\u00adt\u00adently in accordance with statutory requi\u00adre\u00adments and the purchase order. The purchase-order number must always be stated. All document parti\u00adculars must corre\u00adspond to the goods actually delivered and to their packaging and marking.<\/p>\n

(3) The delivery and perfor\u00admance dates stated in the purchase order are binding. Deliveries before the agreed date may be rejected. Any foreseeable delay shall be notified to KHB without delay in text form, stating the cause, expected duration and countermeasures.<\/p>\n

(4) Where the latest delivery date is fixed or can be deter\u00admined by calendar, the Supplier shall be in default upon expiry of that date without notice. KHB shall be entitled to its statutory rights.<\/p>\n

(5) References to the manufac\u00adturer, Supplier or upstream supplier may be removed or suppressed only where no statutory marking, identi\u00adfi\u00adcation, tracea\u00adbility or infor\u00admation obligation prevents this and KHB expressly instructs such removal or suppression.<\/p>\n

(6) If perfor\u00admance is impeded by force majeure, the affected party shall inform the other party without delay. KHB may suspend perfor\u00admance for the duration of the impediment or, in the event of an unreasonable delay, withdraw from the affected part of the contract.<\/p>\n

(7) The Supplier warrants that all sales, grouped, transport, e-commerce and other packaging used for the delivery, including all packaging components, complies at the relevant time with all appli\u00adcable European and national packaging-law requi\u00adre\u00adments, in parti\u00adcular Regulation (EU) 2025\/40 on packaging and packaging waste (PPWR), legal acts adopted for its imple\u00admen\u00adtation and any additio\u00adnally appli\u00adcable national provisions.<\/p>\n

(8) The Supplier shall be respon\u00adsible for the lawful selection, design, manufacture or procu\u00adrement and use of packaging insofar as those activities fall within its area of respon\u00adsi\u00adbility. In parti\u00adcular, it shall ensure compliance with the appli\u00adcable requi\u00adre\u00adments concerning substances in packaging, recycla\u00adbility, minimum recycled content, compo\u00adsta\u00adbility, packaging minimi\u00adsation, empty space, reusa\u00adbility, marking, tracea\u00adbility and infor\u00admation for consumers or economic operators. Such requi\u00adre\u00adments shall apply from the legally prescribed appli\u00adcation date and subject to the relevant exemptions.<\/p>\n

(9) Packaging must be suitable for the goods, the intended transport route, storage and intended use. Weight and volume shall be limited to the minimum necessary while safeguarding product protection, hygiene, quality, safety and dangerous goods requi\u00adre\u00adments. Unnecessary packaging components and avoidable empty space are prohibited.<\/p>\n

(10) Where required by law or reasonably requested by KHB, the Supplier shall carry out the conformity assessment and shall provide, before the first delivery, after each relevant change and upon request, in parti\u00adcular the technical documen\u00adtation, EU decla\u00adration of conformity, material and weight data, recycled-content data, substance and coating infor\u00admation, test reports, calcu\u00adla\u00adtions, marking evidence and infor\u00admation on reusa\u00adbility or recycla\u00adbility, in full and in a usable form.<\/p>\n

(11) The Supplier shall ensure the tracea\u00adbility required by law and, upon request, shall provide KHB and the competent autho\u00adrities with the identity of the economic operators involved and the required packaging infor\u00admation within the statutory periods. The documents shall be retained for at least the period prescribed by law.<\/p>\n

(12) Changes to the packaging, packaging material, material compo\u00adsition, weight, dimen\u00adsions, recycled content, coating, closure, marking, packaging manufac\u00adturer or manufac\u00adturing site that may affect conformity, product protection, transport, storage, recycling or disposal shall be notified to KHB in text form before the next delivery. For material changes, KHB may require prior approval; such approval shall not release the Supplier from its obligations.<\/p>\n

(13) If the Supplier identifies an actual or potential non-conformity, it shall inform KHB without delay and take the necessary corrective action at its own expense. KHB may in parti\u00adcular suspend accep\u00adtance or further use and require evidence, re-labelling, repack\u00adaging, repla\u00adcement delivery, take-back, recall or proper disposal. The Supplier shall bear the costs insofar as the cause falls within its area of responsibility.<\/p>\n

(14) Special requi\u00adre\u00adments under dangerous goods, hazardous substances, chemicals, food-contact materials, feed, pharmaceu\u00adtical, customs and transport law shall remain unaffected. In the event of a conflict of standards, the more specific or manda\u00adtorily overriding safety rule shall apply; in parti\u00adcular, mandatory dangerous goods transport requi\u00adre\u00adments shall take precedence.<\/p>\n

7. Requi\u00adre\u00adments for Products, Substances and Mixtures to Be Supplied<\/strong><\/p>\n

(1) The Supplier warrants that the products, substances and mixtures supplied comply with the appli\u00adcable European and German substance, chemicals and product-law requi\u00adre\u00adments, in parti\u00adcular REACH and CLP. It shall ensure the required regis\u00adtration, classi\u00adfi\u00adcation, labelling and packaging. Where requi\u00adre\u00adments differ, the mandatory provi\u00adsions of the relevant market shall apply.<\/p>\n

(2) Suppliers estab\u00adlished outside the European Union shall, where required and effective for the delivery, appoint a suitable Only Repre\u00adsen\u00adtative pursuant to Article 8 REACH. The name and address shall be notified to KHB before the first delivery; any change or cessation of activity shall be notified without delay.<\/p>\n

(3) Statu\u00adtorily required product infor\u00admation, in parti\u00adcular safety data sheets and infor\u00admation pursuant to Article 32 REACH, shall be supplied unsoli\u00adcited, free of charge and in an appro\u00adpriate form in good time before the first delivery and shall be updated without delay following any change.<\/p>\n

(4) Before the first delivery and upon any change, the Supplier shall inform KHB in parti\u00adcular of appli\u00adcable restric\u00adtions under Annex XVII REACH, autho\u00adri\u00adsation requi\u00adre\u00adments under Annex XIV, substances on the Candidate List and any resulting infor\u00admation, autho\u00adri\u00adsation, restriction or other obligations.<\/p>\n

(5) If products, substances or mixtures do not comply with the agreed speci\u00adfi\u00adca\u00adtions or the appli\u00adcable statutory, regulatory, substance, chemicals, product, packaging or dangerous goods requi\u00adre\u00adments, or if the Supplier breaches its infor\u00admation, notifi\u00adcation or evidence obliga\u00adtions, KHB shall, without prejudice to its other statutory and contractual rights, be entitled to suspend or refuse collection, carriage or accep\u00adtance of the affected goods and to quarantine the goods pending clarification.<\/p>\n

KHB may, at its option, require immediate resto\u00adration of contractual conformity or delivery of defect-free and legally compliant repla\u00adcement goods. The Supplier shall carry out remedy within a reasonable period set by KHB, taking account of urgency and existing customer-delivery obliga\u00adtions, and at its own expense.<\/p>\n

The Supplier shall bear all transport, inspection, labour, material, packaging and other costs required for the purpose of remedy. If remedy is not completed within the period set, or if setting a period is not required under appli\u00adcable law, KHB may in parti\u00adcular withdraw from the contract, cancel the purchase order in whole or in part, reduce the purchase price, procure the required goods elsewhere and claim reimbur\u00adsement of the reasonable additional costs incurred.<\/p>\n

Non-conforming goods already delivered shall, following a request, be collected by the Supplier without delay at its own expense and risk. If a reasonable collection period expires without result, KHB may return, store or secure the goods at the Supplier\u2019s expense and risk or, where return is unlawful, objec\u00adtively impos\u00adsible, unsafe or unreasonable, arrange for their profes\u00adsional recovery or disposal.<\/p>\n

In cases of imminent danger, KHB may arrange the necessary securing, relocation, return transport or disposal measures without first setting a period; the Supplier shall be informed without delay.<\/p>\n

The Supplier shall be liable in accordance with statutory and contractual provi\u00adsions for losses and expenses for which it is respon\u00adsible. These include in parti\u00adcular reasonable additional costs of substitute procu\u00adrement or substitute carriage, inspection, storage, demurrage, securing, return transport, repack\u00adaging, recovery and disposal costs, as well as justified claims of customers and other third parties arising from the non-contractual or delayed delivery. KHB\u2019s further rights shall remain unaffected.<\/p>\n

(6) The Supplier acknow\u00adledges that KHB uses the ordered goods in its trading and import business for resale and to fulfil its own delivery obliga\u00adtions towards customers. In providing remedy, the Supplier shall in parti\u00adcular take account of the delivery dates commu\u00adni\u00adcated by KHB and the need to maintain uninter\u00adrupted availa\u00adbility of goods.
\nIf the Supplier becomes aware that timely, contractual and legally compliant delivery or repla\u00adcement delivery is not possible, it shall inform KHB without delay in text form and take all reasonable measures to avoid or mitigate supply failures and conse\u00adquential loss.<\/p>\n

(7) The Supplier shall be liable in accordance with statutory and contractual provi\u00adsions for breaches for which it is respon\u00adsible and shall indemnify KHB against justified third-party claims and reasonable costs and expenses.<\/p>\n

8. Inspection for Defects and Warranty<\/strong><\/p>\n

(1) In the event of defects, KHB shall be entitled without restriction to its statutory rights.<\/p>\n

(2) Within a reasonable period, KHB shall inspect the delivery for apparent quantity and quality devia\u00adtions to the extent possible and reasonable in the ordinary course of business. Hidden defects shall be notified within a reasonable period after discovery.<\/p>\n

(3) Accep\u00adtance, approval or endor\u00adsement of samples, specimens, packaging or documents shall not constitute a waiver of warranty or other claims.<\/p>\n

(4) The warranty period shall be 24 months from transfer of risk. For replaced or repaired goods, parts or packaging, the warranty period shall recom\u00admence unless the measure was recog\u00adnisably under\u00adtaken solely as a gesture of goodwill.<\/p>\n

(5) KHB may return defective goods from the place at which they are located when the defect is disco\u00advered at the Supplier\u2019s expense, provided the requi\u00adre\u00adments of the statutory remedies for defects are met.<\/p>\n

(6) Failure to comply with a notifi\u00adcation period shall, in the case of proven short delivery, result only in the loss of the right to subse\u00adquent delivery or withdrawal; quantities not delivered shall not be payable.<\/p>\n

9. Product Liability, Recall and Insurance<\/strong><\/p>\n

(1) Where the Supplier is respon\u00adsible for product or packaging damage, it shall indemnify KHB against justified third-party claims.<\/p>\n

(2) The Supplier shall reimburse the necessary expenses of any recall, take-back, safety or market-surveil\u00adlance measure carried out by KHB insofar as the cause falls within the Supplier\u2019s area of respon\u00adsi\u00adbility. KHB shall inform and consult the Supplier to the extent reasonably possible.<\/p>\n

(3) The Supplier shall maintain public and product liability insurance with cover of at least EUR 5 million per claim. Where relevant, the insurance shall cover risks arising from the classi\u00adfi\u00adcation, packaging, marking, documen\u00adtation and carriage of dangerous goods as well as environ\u00admental, salvage, recovery, recall and disposal costs. Evidence of cover shall be provided upon request; any restriction or termi\u00adnation of cover shall be notified without delay. The Supplier\u2019s liability shall not be limited by the insurance or the amount of cover.<\/p>\n

10. Intellectual Property Rights and Marketing Restrictions<\/strong><\/p>\n

(1) The Supplier shall be liable for ensuring that its delivery does not infringe third-party intellectual property rights in the European Union or in any third country in which it manufac\u00adtures or has the goods manufactured.<\/p>\n

(2) It shall indemnify KHB against justified third-party claims and necessary expenses insofar as it is respon\u00adsible for the infringement.<\/p>\n

(3) Statutory marketing, use, import or export restric\u00adtions shall be notified to KHB in text form no later than conclusion of the contract.<\/p>\n

11. Dangerous goods<\/strong><\/p>\n

(1) This section applies to all goods, in parti\u00adcular substances and mixtures, that are classified as dangerous goods or are subject to special carriage requi\u00adre\u00adments, restric\u00adtions or prohi\u00adbi\u00adtions under the national, European or inter\u00adna\u00adtional provi\u00adsions appli\u00adcable to the specific carriage. It applies to road, rail, inland waterway, sea and air transport, courier, express, parcel and postal services, and combined and multi\u00admodal carriage.<\/p>\n

The appli\u00adcable provi\u00adsions include in parti\u00adcular ADR, RID, ADN, the IMDG Code, ICAO-TI and, where appli\u00adcable, the IATA DGR, including the provi\u00adsions of the countries of departure, transit and desti\u00adnation and binding operator varia\u00adtions, in each case in the version appli\u00adcable to the carriage.<\/p>\n

(2) Before conclusion of the contract, and no later than with the order confir\u00admation, the Supplier shall expressly and fully inform KHB if the goods constitute or may constitute dangerous goods and shall provide all required classi\u00adfi\u00adcation particulars.<\/p>\n

(3) Irrespective of the delivery term, transfer of risk, transport organi\u00adsation, allocation of costs or naming in transport documents, the Supplier shall be respon\u00adsible for ensuring that, when handed over to KHB or the first transport parti\u00adcipant, the goods are fully safe for transport and prepared in compliance with dangerous goods requi\u00adre\u00adments. This includes identi\u00adfi\u00adcation, classi\u00adfi\u00adcation, packaging, filling, closure, securing, labelling, marking and complete, accurate and timely documentation.<\/p>\n

(4) To the extent that the Supplier manufac\u00adtures, mixes, fills, packs, labels, makes available or hands over the goods for carriage, it shall fulfil all dangerous goods obliga\u00adtions arising from those activities, in parti\u00adcular as consignor, shipper, customer of the consignor, packer, filler or loader. It shall prepare and sign the required documents itself or through a demons\u00adtrably qualified service provider.<\/p>\n

(5) The Supplier may not, without prior express consent, name KHB as the party respon\u00adsible under dangerous goods law as consignor, shipper, customer of the consignor, packer, filler or loader. Mandatory public-law respon\u00adsi\u00adbi\u00adlities arising from an activity actually performed shall remain unaffected.<\/p>\n

(6) Before the first delivery and after each relevant change, the Supplier shall independently and traceably assess whether, and subject to which condi\u00adtions, the goods are governed by dangerous goods requi\u00adre\u00adments. The assessment shall include in parti\u00adcular the UN number, Proper Shipping Name, class, subsi\u00addiary risks, packing group, environ\u00admen\u00adtally hazardous or marine pollutant charac\u00adte\u00adristics, special provi\u00adsions, exemp\u00adtions, quantity limits, packing instruc\u00adtions, prohi\u00adbi\u00adtions and restric\u00adtions. Infor\u00admation from upstream suppliers and safety data sheets shall be checked for plausi\u00adbility and consis\u00adtency with the goods.<\/p>\n

(7) In addition to Section 6, the Supplier shall be respon\u00adsible for the dangerous-goods suita\u00adbility, approval and proper use of all inner, inter\u00adme\u00addiate, outer and other packaging. Packing instruc\u00adtions, quantity and filling limits, compa\u00adti\u00adbility, closure, leakpro\u00adofness, cushioning, absorbent-material and securing requi\u00adre\u00adments, and manufac\u00adturers\u2019 instruc\u00adtions shall be complied with; for multi\u00admodal carriage, the requi\u00adre\u00adments of all intended modes of transport shall apply.<\/p>\n

(8) The Supplier shall affix all required hazard labels, markings, marks, UN numbers and other parti\u00adculars completely, perma\u00adnently, visibly and legibly and shall provide all required transport documents, shipper\u2019s decla\u00adra\u00adtions, approvals, exemption evidence, test certi\u00adfi\u00adcates and packaging evidence completely, accurately, on time and in the prescribed form and language.<\/p>\n

(9) Before the first delivery, after each relevant change and upon request, the Supplier shall provide in parti\u00adcular safety data sheets, classi\u00adfi\u00adcation evidence, dangerous-goods packaging evidence, packaging approvals and test certi\u00adfi\u00adcates, manufac\u00adturers\u2019 and closure instruc\u00adtions, approvals, training and quali\u00adfi\u00adcation evidence, and any requested photo\u00adgraphs. Any dispatch approval by KHB shall constitute only a plausi\u00adbility check and shall not release the Supplier from its obligations.<\/p>\n

(10) Requi\u00adre\u00adments, speci\u00adfi\u00adca\u00adtions, inspec\u00adtions, approvals or non-objec\u00adtions by KHB shall not release the Supplier from its independent duty to verify, warn and inform. Unsui\u00adtable, incom\u00adplete, contra\u00addictory or unlawful requi\u00adre\u00adments shall be reported before imple\u00admen\u00adtation and a legally compliant alter\u00adnative shall be proposed.<\/p>\n

(11) The Supplier shall maintain a documented dangerous goods organi\u00adsation appro\u00adpriate to the nature, quantity and hazar\u00addousness of the goods, including qualified personnel, operating and packing instruc\u00adtions, final checks, tracea\u00adbility, and deviation and emergency proce\u00addures. A dangerous goods safety adviser shall be appointed where required by law.<\/p>\n

(12) Dangerous-goods-relevant changes and actual or potential infrin\u00adge\u00adments, misclas\u00adsi\u00adfi\u00adca\u00adtions, packaging defects, leaks, objec\u00adtions by autho\u00adrities, customs or carriers, and accidents shall be reported without delay. The Supplier shall provide all infor\u00admation and assis\u00adtance required for hazard prevention, securing, salvage, recovery, repack\u00adaging, disposal or regulatory notification.<\/p>\n

(13) Following reasonable prior notice, KHB may inspect relevant packing, storage and dispatch processes and documents itself or through competent third parties. A special audit shall be permis\u00adsible where there are specific grounds to suspect a material infrin\u00adgement. If the infrin\u00adgement is confirmed, the Supplier shall bear the reasonable costs of any necessary follow-up audit. Inspec\u00adtions shall not release the Supplier from its obligations.<\/p>\n

(14) KHB may suspend or refuse carriage, collection or accep\u00adtance where documents are missing, parti\u00adculars are contra\u00addictory or there are reasonable doubts concerning classi\u00adfi\u00adcation, packaging, marking, quali\u00adfi\u00adcation or admis\u00adsi\u00adbility for carriage. KHB may in parti\u00adcular require repack\u00adaging, re-labelling, corrected documen\u00adtation, repla\u00adcement delivery or take-back. The Supplier shall bear the costs insofar as the cause falls within its area of responsibility.<\/p>\n

(15) The Supplier shall be liable for infrin\u00adge\u00adments for which it, its employees, agents, vicarious agents or subcon\u00adtractors are respon\u00adsible and shall indemnify KHB and its affiliated companies against justified third-party claims. To the extent legally permis\u00adsible, the indemnity shall include reasonable inves\u00adti\u00adgation, expert, legal defence, securing, salvage, storage, demurrage, handling, return transport, repack\u00adaging, disposal and substitute-transport costs, as well as official fees. Mandatory public-law respon\u00adsi\u00adbi\u00adlities of KHB shall remain unaffected.<\/p>\n

(16) The Supplier shall retain all product, substance, quality, chemicals, packaging and dangerous-goods-related records in full, legibly and traceably, and protect them against loss or subse\u00adquent alteration.<\/p>\n

Product, substance and compliance records, including in parti\u00adcular speci\u00adfi\u00adca\u00adtions, safety data sheets, classi\u00adfi\u00adcation bases, test and analy\u00adtical evidence, packaging approvals, conformity evidence and change-management records, shall be retained for at least ten years after the last delivery of the respective product to KHB.<\/p>\n

Shipment-related transport and dangerous goods records shall be retained for at least five years from the date of dispatch. Longer statutory, regulatory or contractual retention periods shall remain unaffected. Where regulatory procee\u00addings, complaints or claims are pending, the relevant documents may not be deleted or destroyed before final conclusion.<\/p>\n

Upon request, the Supplier shall provide the documents to KHB without delay and no later than within three working days, in German or English or accom\u00adpanied by an intel\u00adli\u00adgible trans\u00adlation, in electro\u00adni\u00adcally readable form; in urgent regulatory, safety or dangerous goods matters, without undue delay.<\/p>\n

The Supplier shall ensure that these obliga\u00adtions are also fulfilled by manufac\u00adturers, labora\u00adtories, packers, freight forwarders and other subcon\u00adtractors. If mandatory provi\u00adsions of the country governing the Supplier or data processing conflict with retention or transfer, the Supplier shall inform KHB without delay in text form, state the legal basis and, in consul\u00adtation with KHB, ensure a legally permis\u00adsible equivalent documen\u00adtation or access solution. These obliga\u00adtions shall survive termi\u00adnation of the business relationship.<\/p>\n

(17) In the event of serious or repeated infrin\u00adge\u00adments, KHB may, without prejudice to its further rights, require an action plan, additional evidence, a dispatch stop or special audit, block packaging concepts or delivery approvals, suspend or cancel purchase orders and terminate the contract for good cause.<\/p>\n

12. Origin of Goods, Prefe\u00adrence Documen\u00adtation and Sanctions<\/strong><\/p>\n

(1) The Supplier shall state the non-prefe\u00adrential origin of the goods deter\u00admined in accordance with the provi\u00adsions appli\u00adcable at the time of delivery.<\/p>\n

(2) A Supplier estab\u00adlished in the EU shall, where the requi\u00adre\u00adments are met, provide without request a properly completed long-term supplier\u2019s decla\u00adration containing the goods infor\u00admation required by KHB.<\/p>\n

(3) For deliveries from non-EU countries, the Supplier shall, where agreed, provide the required origin or prefe\u00adrence documen\u00adtation in accordance with the rules appli\u00adcable in the country of destination.<\/p>\n

(4) The Supplier shall be liable for losses arising from prefe\u00adrence or origin documents that are incor\u00adrectly prepared through fault, including public charges and fines.<\/p>\n

(5) The Supplier warrants that it, its affiliated companies and the respon\u00adsible persons deployed for perfor\u00admance of the contract do not breach appli\u00adcable sanctions or embargo rules. Any change shall be notified without delay.<\/p>\n

 <\/strong>13. Retention of title<\/strong><\/p>\n

(1) KHB shall retain title to substances and inter\u00adme\u00addiate products provided by KHB.<\/p>\n

(2) Processing or trans\u00adfor\u00admation shall be carried out for KHB. If processed together with third-party items, KHB shall acquire co-ownership in the ratio of the value of the item provided to the value of the other items at the time of processing.<\/p>\n

(3) The same shall apply in the event of combi\u00adnation, mixing or blending. The Supplier shall hold sole or co-ownership in custody for KHB; transfer by way of security or any other dispo\u00adsition shall not be permitted.<\/p>\n

(4) Goods paid for and returned because of breach of contract or defect shall remain KHB\u2019s property until the reverse transaction has been fully completed and may not be pledged or assigned by way of security.<\/p>\n

(5) Any retention of title by the Supplier shall apply only as a simple retention of title in respect of the relevant delivered and unpaid goods. Extended or prolonged retention-of-title arran\u00adge\u00adments shall not be accepted.<\/p>\n

14. Invoicing, Payment and Prohi\u00adbition of Assignment<\/strong><\/p>\n

(1) The price stated in the purchase order is binding.<\/p>\n

(2) Invoices shall be issued no later than the fifth working day of the month following delivery and must state the purchase-order number. Delays resulting from missing infor\u00admation shall not be attri\u00adbu\u00adtable to KHB.<\/p>\n

(3) Unless otherwise agreed, KHB shall pay within 30 days subject to a 3% cash discount, within 45 days subject to a 1.5% cash discount, or net within 60 days. Timely payment shall be deter\u00admined by KHB issuing the transfer instruction to its bank.<\/p>\n

(4) KHB shall have rights of set-off and retention to the extent provided by law.<\/p>\n

(5) Assignment of claims against KHB requires consent in text form. Consent shall be deemed given for a customary assignment to the Supplier\u2019s principal bank under a general assignment arrangement.<\/p>\n

15. Confi\u00adden\u00adtiality<\/strong><\/p>\n

(1) The Supplier shall keep all drawings, illus\u00adtra\u00adtions, calcu\u00adla\u00adtions, documents and infor\u00admation received confi\u00addential for three years after conclusion of the contract. The obligation shall continue after completion of the contract and shall cease only where the infor\u00admation is demons\u00adtrably in the public domain or becomes known without breach of duty.<\/p>\n

(2) Publi\u00adca\u00adtions, reference state\u00adments or adver\u00adtising using the business relati\u00adonship with KHB require KHB\u2019s prior express consent in text form.<\/p>\n

(3) The Supplier shall impose corre\u00adsponding obliga\u00adtions on its sub-suppliers.<\/p>\n

(4) The Supplier shall be liable for losses arising from any breach of these obliga\u00adtions for which it is responsible.<\/p>\n

16. Data Protection<\/strong><\/p>\n

KHB processes personal data in accordance with the General Data Protection Regulation and the German Federal Data Protection Act. The legal basis is in parti\u00adcular Article 6(1)(b) GDPR for pre-contractual measures and perfor\u00admance of a contract.<\/p>\n

17. Juris\u00addiction, Governing Law and Order of Precedence<\/strong><\/p>\n

(1) Where the Supplier is a merchant, Hamburg shall be the exclusive place of juris\u00addiction for all disputes arising directly or indirectly from the contractual relati\u00adonship, to the extent legally permissible.<\/p>\n

(2) The law of the Federal Republic of Germany shall apply, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the Inter\u00adna\u00adtional Sale of Goods (CISG).<\/p>\n

(3) Where the contract or these Terms and Condi\u00adtions contain a gap, the legally permis\u00adsible provision that most closely reflects the economic purpose shall be deemed agreed. The validity of the remaining provi\u00adsions shall not be affected.<\/p>\n

(4) In the event of incon\u00adsis\u00adtency, the following order of prece\u00addence shall apply: (a) mandatory law, (b) indivi\u00addually negotiated agree\u00adments and framework agree\u00adments, \u00a9 the relevant purchase order, including specific dangerous goods and packaging clauses, (d) these General Terms and Condi\u00adtions of Purchase, (e) technical speci\u00adfi\u00adca\u00adtions and other annexes, and (f) expressly agreed Incoterms\u00ae rules. Mandatory public-law obliga\u00adtions shall remain unaffected.<\/p>\n

Version V09, 22.07.2026[\/vc_column_text][\/vc_column][\/vc_row][vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column]<\/p>

<\/div>

General Conditions of Sales and Delivery*
\nKH Boddin Group**<\/span><\/h3>[\/vc_column][\/vc_row][vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column][vc_column_text]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

Offers, deliveries and other perfor\u00admances, including consulting services and the provision of infor\u00admation (and similar) from KH Boddin GmbH or KHB Feed GmbH (herein\u00adafter referred to as KHB) are governed exclu\u00adsively by these General Condi\u00adtions of Sales and Delivery.<\/p>\n

Deviating condi\u00adtions of the Customer that have not been expressly acknow\u00adledged in writing by KHB shall not be binding for KHB, even if KHB does not expressly object to them. A reference by KHB to corre\u00adspon\u00addence that contains or refers to the terms and condi\u00adtions of the Customer or a third party does not constitute consent to the appli\u00adcation of such terms and condi\u00adtions. These General Condi\u00adtions of Sales and Delivery shall also govern all future business relations, including those where KHB does not expressly refer to them in subse\u00adquent contracts (i.e. in parti\u00adcular in the case of orders placed over the phone).<\/p>\n

The accep\u00adtance of the ordered goods shall be deemed accep\u00adtance of these General Condi\u00adtions of Sales and Delivery. All agree\u00adments must be made in writing. This shall also apply to colla\u00adteral agree\u00adments and assurances as well as to subse\u00adquent contract amend\u00adments. An amendment to this clause shall also require the written form.<\/p>\n

 <\/p>\n

1. Offers, product description, scope of delivery<\/strong><\/p>\n

(1) Offers are always subject to change. Contracts and other agree\u00adments become binding only upon written confir\u00admation by KHB.<\/p>\n

(2) The exclusive contractual object is the product that is sold with the properties, charac\u00adte\u00adristics and intended use as specified in the sales contract or, if appli\u00adcable, the product description attached to the order confir\u00admation. Public state\u00adments or adver\u00adti\u00adse\u00adments do not constitute a contractual speci\u00adfi\u00adcation of the quality of the goods.<\/p>\n

(3) Other or more extensive properties and\/or charac\u00adte\u00adristics or other types of intended use are only deemed agreed if they have been expressly confirmed by KHB in writing.<\/p>\n

(4) The scope of delivery shall be deter\u00admined by the written order confir\u00admation issued by KHB or, in the case of an offer by KHB with limited validity and timely accep\u00adtance, by the offer, insofar as an order confir\u00admation has not been issued in due time. Industry-standard excess or short deliveries up to plus\/minus 10% are permissible.<\/p>\n

(5) KHB reserves title and copyright to cost estimates, offers, drawings and other documents or aids; they may not be made acces\u00adsible or disclosed to third parties and must not be used or repro\u00adduced by the Customer or third parties. At KHB\u2019s request, the Customer must return all of these items to KHB and destroy any copies made thereof, provided they are no longer required by KHB for ordinary business purposes or if negotia\u00adtions do not lead to the conclusion of a contract. This does not apply to the storage of electronic data for the purpose of ordinary data backups.<\/p>\n

 <\/p>\n

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

(1) The quoted prices are exclusive of VAT and only apply to orders that are fulfilled with a single delivery journey. The prices apply per quantity unit in accordance with the written order confir\u00admation, ex works\/warehouse and include loading and packaging unless agreed differ\u00adently. Quantities are specified without packaging.<\/p>\n

(2) The prices may be adjusted accor\u00addingly if a legal requi\u00adrement that changes the import levies and affects the agreed delivery time or part thereof and, as a result, the estab\u00adlished expenses incurred by KHB increase. KHB shall inform the Customer of the new prices without delay.
\nImport levies for the purposes of this provision shall include customs duties, levies and consumption taxes. 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

 <\/p>\n

3. Delivery time<\/strong><\/p>\n

(1) Deadlines and due dates for deliveries and perfor\u00admances provided by KHB are only appro\u00adximate timeframes, unless a fixed deadline or a fixed date has been expressly promised or agreed. The delivery period commences upon dispatch of the written order confir\u00admation, but in any case not before the Customer has made all necessary prior arran\u00adge\u00adments that are required for the proper perfor\u00admance of the contract (documents, permits and deposit payment, if agreed).<\/p>\n

(2) The delivery time is deemed observed if the delivery item has left the factory before the delivery time expires, or if the Customer has been notified of readiness for shipment. Early delivery ahead of the delivery date is permitted subject to prior notice. The delivery period can only be observed if the Customer has properly performed its contractual obliga\u00adtions. Appro\u00adpriate and timely supply of KHB is reserved.<\/p>\n

(3) The agreed delivery dates are binding for the Customer. If the contract provides for the Customer to order goods on-demand for certain specified months or weeks, the delivery time specified in this way shall also binding for the Customer.<\/p>\n

(4) The delivery period shall be extended as required in the event of measures within the context of indus\u00adtrial disputes, including in parti\u00adcular measures in the context of a legitimate strike or lockout as well as in the case of other unforeseen impedi\u00adments for which KHB is not respon\u00adsible, e.g. opera\u00adtional disrup\u00adtions, pandemic events, force majeure, war, official inter\u00adven\u00adtions, to the extent that such impedi\u00adments evidently have a signi\u00adficant impact on completion or delivery of the delivery item and were unavo\u00adidable despite KHB acting with reasonably diligence. If the Customer cannot be expected to accept the delivery or service due to the delay, taking into account the mutual interests, the Customer may rescind the contract by promptly issuing a written decla\u00adration to KHB.<\/p>\n

KHB shall not be held respon\u00adsible for the afore\u00admen\u00adtioned circum\u00ads\u00adtances, even if they arise during an already ongoing delay. In important cases, KHB will inform the Customer as soon as possible at the beginning and end of such impedi\u00adments. KHB shall be autho\u00adrised to rescind the contract insofar as such circum\u00ads\u00adtances signi\u00adfi\u00adcantly impede the delivery or service or render them impos\u00adsible for KHB, provided the impediment is not only of a temporary nature.<\/p>\n

(5) In the event of a default of perfor\u00admance, the Customer shall be autho\u00adrised to rescind the contract that relates to the delayed individual delivery after fruitless expiry of a grace period to be set by the Customer. KHB is only liable for the resulting damages to the extent such damages were foreseeable for the company\u2019s management. The claim for damages shall in any case be limited to the total amount of the damage evidenced by the Customer, with a maximum liability cap of EURO 500,000.00.<\/p>\n

(6) KHB is entitled to make partial deliveries.<\/p>\n

(7) In the case of contracts with conti\u00adnuous delivery, KHB must be informed of the on-demand details and alloca\u00adtions in roughly equal monthly quantities by no later than six weeks before the beginning of the respective month of delivery. If on-demand orders are not placed or allocated in due time, KHB shall - after having set a reasonable grace period - be at liberty to allocate the goods and deliver them, or - again after setting a reasonable grace period - to refuse fulfilment of the undeli\u00advered portion of the contract and claim damages. If KHB is in default with a partial perfor\u00admance, the Customer may only assert claims with regard to said partial perfor\u00admance, unless the partial perfor\u00admance is of no interest to him.<\/p>\n

(8) The statutory provi\u00adsions shall apply in the event of a default of acceptance.<\/p>\n

4. Payment, payment default, offsetting, retention of title, assignment<\/strong><\/p>\n

(1) Unless confirmed otherwise by KHB in writing, invoices are payable in their net amount within 30 days from receipt of the invoice. The date a payment is received by KHB shall be autho\u00adri\u00adtative. If the Customer fails to make a due payment, interest shall be charged on the outstanding amounts at 9% p.a. above the base interest rate from the payment due date. KHB will also invoice dunning expenses at a lump sum amount of EURO 100.00 for each dunning level.<\/p>\n

(2) KHB is autho\u00adrised to assign claims arising from all business relations with the Customer. The Customer is not autho\u00adrised to assign claims against KHB without KHB\u2019s prior written consent.<\/p>\n

(3) If the Customer is in arrears with any payment obliga\u00adtions owed KHB, all existing claims shall fall due for immediate payment.<\/p>\n

(4) Offsetting against the Custo\u00admer\u2019s counter-claims or the withholding of payments on the basis of such claims is only permis\u00adsible if the counter-claims are undis\u00adputed or have been legally estab\u00adlished, or if the counter-claims represent the conside\u00adration payable for the same order under which the respective delivery was made or would have been made. Unless agreed differ\u00adently, discounts and other deduc\u00adtions are not permitted.<\/p>\n

(5) If KHB becomes aware that the Customer is in financial diffi\u00adculties after conclusion of the contract, KHB may demand security to be deposited or only perform outstanding deliveries against advance payment. Financial diffi\u00adculties include, in parti\u00adcular, out-of-court compo\u00adsition offers and\/or appli\u00adca\u00adtions for the opening of judicial compo\u00adsition and\/or insol\u00advency procee\u00addings and\/or the listing in a debtor list and\/or a \u201cblacklist\u201d and\/or credit ratings that are unfavourable from KHB\u2019s perspective.<\/p>\n

(6) The Customer is aware that KHB intends to take out credit insurance through a credit insurer with regard to sales contracts and deliveries. If KHB\u2019s credit insurer withdraws from insuring a credit volume related the respective Customer in whole or in part prior to delivery, KHB shall be autho\u00adrised to withhold, at KHB\u2019s discretion, all or part of the delivery until the invoice has been settled in full.<\/p>\n

(7) If partial payments have been agreed, the entire remaining debt shall - irrespective of the due date of any bills of exchange - fall due for immediate payment if the Customer is in arrears with an instalment for 14 days, experi\u00adences financial diffi\u00adculties, or ceases to make payments.<\/p>\n

(8) Unless otherwise agreed in writing, the Customer is prohi\u00adbited from assigning any claims arising from this contract to third parties.<\/p>\n

(9) Incoming payments from the Customer must always be applied in accordance with Section 366 (2) German Civil Code.<\/p>\n

(10) The Customer shall bear all fees, costs and expenses incurred by KHB, or a third party to which KHB has assigned a claim, as a result of or in connection with a successful debt collection measure against the Customer outside the Federal Republic of Germany.<\/p>\n

 <\/p>\n

5. Shipment and transfer of risk<\/strong><\/p>\n

(1) Unless otherwise agreed, delivery is EXW (INCOTERMS in the latest version, seller\u2019s warehouse). The risk shall pass to the Customer, irrespective of the cost burden, as soon as the goods have left the KHB factory or warehouse, or have been handed over for carriage to the Customer, the forwarder, the carrier or any other person or insti\u00adtution within the factory or warehouse. This also applies if partial deliveries are made, or if KHB has assumed other perfor\u00admances (e.g. shipment). If shipment or handover is delayed due to circum\u00ads\u00adtances attri\u00adbu\u00adtable to the Customer, the risk shall pass to the Customer on the day the goods are ready for dispatch and KHB notifies the Customer accor\u00addingly. If collection of the goods by the Customer or its agent has been agreed, the risk shall pass by no later than the end of the second day after dispatch of the notice advising that the goods are available for collection. If KHB is involved in the freight charter in any way, KHB shall act exclu\u00adsively in the capacity of the Customer\u2019s agent. Storage costs incurred after the risk has passed shall be borne by the Customer. If goods are put into storage at KHB, the storage costs amount to 0.25% per full week of the invoice amount for the goods to be stored. The right to claim and establish higher or lower storage costs remains reserved.<\/p>\n

(2) The Customer must notify KHB of the desired mode of shipment promptly after contract conclusion. If KHB is not notified within 7 days from contract conclusion, KHB shall be at liberty to determine the shipping route and means of transport.
\nKHB shall not be liable for any diffi\u00adculties (damage, delay) arising during transport. The Customer shall bear the costs of reloading and\/or forwarding arising from missing or incorrect desti\u00adnation infor\u00admation, including in cases where the parties have agreed on the costs of the shipment to be borne by KHB on an excep\u00adtional basis. KHB will package the goods at its own discretion.<\/p>\n

(3) Insurance will not be covered by KHB unless requested by the Customer in writing.<\/p>\n

(4) The \u201cINCOTERMS\u201d apply in their latest version.<\/p>\n

 <\/p>\n

6. Retention of title<\/strong><\/p>\n

(1) KHB reserves ownership title in the goods until all its claims against the Customer from the business relati\u00adonship, including future claims arising from contracts concluded simul\u00adta\u00adneously or at a later date, have been settled.
\nThis shall also apply if individual or all claims of KHB have been included in a current account balance that has already been finalised and accepted.
\nThe Customer shall store all goods subject to retention of title free of charge for KHB.<\/p>\n

(2) The processing, modifi\u00adcation and instal\u00adlation of the goods subject to retention of title shall be carried out on behalf of KHB as the manufac\u00adturer within the meaning of Section 950 German Civil Code, without obligation for KHB and free of charge. The processed and modified goods or goods combined with KHB products are considered to be goods subject to retention of title within the meaning of these provisions.
\nIf the goods subject to retention of title are processed, combined or insepa\u00adrably mixed with goods from other manufac\u00adturers, KHB shall acquire joint ownership of the new object in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods used at the time of processing or mixing. In the event that no such joint ownership is acquired by KHB, the Customer hereby autho\u00adrises the transfer its future ownership or \u2013 in the afore\u00admen\u00adtioned ratio \u2013 joint ownership of the newly created object to KHB for security purposes and shall keep it in safe custody for KHB. If the goods subject to retention of title are combined or insepa\u00adrably mixed together with other materials to form a uniform product and one of the other materials is to be regarded as the main component, KHB shall, insofar as it owns the main component, transfer joint ownership of the uniform product to the Customer on a pro rata basis as specified in subclause 1. The resulting joint ownership rights shall be deemed goods subject to retention of title within the meaning of these provisions.<\/p>\n

(3) If KHB rescinds the contract due to a breach of contract by the Customer \u2013 including, in parti\u00adcular, payment default \u2013 KHB shall be autho\u00adrised to release the goods subject to retention of title. KHB reserves the right to claim damages.<\/p>\n

(4) If the Customer appar\u00adently acts as a reseller, the Customer shall be autho\u00adrised to resell the goods subject to retention of title in the ordinary course of business - in no case, however, after the appli\u00adcation and\/or opening of judicial or extra\u00adju\u00addicial compo\u00adsition procee\u00addings and\/or insol\u00advency, reorga\u00adni\u00adsation or restruc\u00adturing procee\u00addings, and\/or entry in a debtor list and\/or a \u201cblacklist\u201d \u2013 and under the condition that the claim arising from the resale is assigned to KHB as follows: The Customer hereby assigns to KHB all claims together with all ancillary rights as will accrue to it from the resale to buyers or third parties, irrespective of whether the goods subject to retention of title are resold without or after processing. If KHB holds joint ownership in the goods subject to retention of title, the assignment shall be made on a pro rata basis that reflects KHB\u2019s joint ownership. Other claims that take the place of the goods subject to retention of title or otherwise arise with respect to the goods subject to retention of title, such as insurance claims or claims arising from tortious acts in the event of loss or destruction, are also assigned. KHB hereby accepts the assignment.<\/p>\n

If the Customer adds the claim from the resale of the goods to an existing current account with his buyers, the current account claim shall be assigned in full. The balance shall be replaced by the recognized balance that is deemed assigned up to the amount of the original current account claim. KHB hereby accepts the assignment of these claims.<\/p>\n

If the Customer resells the goods subject to retention of title on credit, the Customer shall be obliged to secure the rights of the party who has retained title (KHB) in the resale transaction.<\/p>\n

The Customer remains autho\u00adrized to collect the claim after the assignment. KHB may only revoke the associated direct debit autho\u00adrization if the surety is liqui\u00addated. KHB remains autho\u00adrised to collect the claim, but under\u00adtakes not to collect the claim for as long as the Customer duly observes its payment obligations.<\/p>\n

KHB may require the Customer to notify KHB of the claim assignment and debtor as well as all necessary and useful data for the deter\u00admi\u00adnation and claim enforcement (in parti\u00adcular, complete name and address of the debtor, reason for the claim, invoice number, invoice date, claim amount, due date, expected debtor rights or objec\u00adtions \/ defences), provide all infor\u00admation required for collection, hand over the relevant documents and notify the debtors of the assignment. If the goods are resold together with other goods not owned by KHB, the Custo\u00admer\u2019s claim against the buyer shall be deemed assigned in the amount of the delivery price agreed between KHB and the Customer.<\/p>\n

(5) The Customer is not autho\u00adrised to dispose over the goods subject to retention of title in any other way, the goods may in parti\u00adcular not be pledged or trans\u00adferred for security.
\nThe goods shall be excluded from the bulk assignment of an entire warehouse for colla\u00adteral surety by means of an express decla\u00adration to the collateral-taker.
\nIf third parties access the goods subject to retention of title, in parti\u00adcular by means of attachment, the Customer shall immediately inform them of KHB\u2019s ownership and notify KHB accor\u00addingly to enable KHB to enforce its proprietary rights. The Customer shall be liable to KHB if the third party is found not to be in a position to reimburse KHB for the reasonable judicial or extra-judicial costs incurred in this context.<\/p>\n

(6) The Customer is obliged to adequately insure the goods subject to retention of title at its own expense against the usual risks.<\/p>\n

(7) If the law of the country where the delivered goods are located does not permit a right to retain title, but instead permits the seller to reserve other rights to the delivered goods, KHB shall be at liberty to exercise any and all of these rights. The Customer is obliged to cooperate in these measures, which KHB intends to take in order to protect its right of ownership or rights in lieu of ownership title.<\/p>\n

(8) KHB shall release the goods subject to retention of title, as well as the goods or claims taking their place, to the extent their value exceeds the amount of the secured claims by more than 50%. KHB may select the colla\u00adteral to be released in its reasonable discretion.<\/p>\n

 <\/p>\n

7. Warranty<\/strong><\/p>\n

The following provi\u00adsions are without prejudice to claims under the Product Liability Act.<\/p>\n

(1) The Customer must promptly and diligently inspect the goods and notify any defects in writing without delay, but in any case within 2 working days after gaining the authority to dispose over the delivery item. Defects that a diligent inspection cannot detect within this period must be notified to KHB in writing without delay, but in any case within 1 working day after their discovery.<\/p>\n

(2) If an effective notice of defects was submitted, the Customer shall at KHB\u2019s request be obliged to have the quality of the goods ascer\u00adtained by an impartial expert. Claims based on defective goods shall lapse if the Customer does not give KHB or its upstream suppliers the oppor\u00adtunity to inspect the claimed defects on-site or refuses to promptly provide samples as requested. All claims for defects shall be rendered null and void if the processing of the goods is not halted immediately after a defect is disco\u00advered, or if a mixing or combi\u00adnation of KHB\u2019s goods with goods from other manufac\u00adturers is not ceased, and in these cases until the goods have been expressly released by KHB or its suppliers. The Customer shall concurr\u00adently inform KHB of the details of those buyers who received the goods in question.<\/p>\n

The defective goods must be returned to KHB with freight prepaid upon KHB\u2019s request. If a claim for defects is justified, KHB shall reimburse the costs of the most cost-effective shipping option; this shall not apply if such costs increase due to the goods not being located at their place of intended use.<\/p>\n

(3) KHB accepts no liability for conse\u00adquences caused by improper use of the goods or by non-compliance with instruc\u00adtions of use provided by KHB.<\/p>\n

(4) In the delivered goods are defective, KHB shall, at its own discretion and within a reasonable period of time, remedy the defect or deliver a defect-free item (subse\u00adquent perfor\u00admance). The Customer may reduce the price or rescind the contract if it becomes clear, after two attempts at subse\u00adquent perfor\u00admance, the subse\u00adquent impro\u00advement or substitute delivery is unreasonably delayed, has become impos\u00adsible or has failed, . If KHB is at fault for the defect, the Customer may claim damages in accordance with clause 8.<\/p>\n

(5) In the case of defects that affect goods from other manufac\u00adturers or suppliers and that KHB cannot eliminate for legal or substantive reasons, KHB shall be at liberty to assert its warranty claims against the manufac\u00adturers or suppliers on the account of the Customer or assign them to the Customer. Warranty claims against the seller shall only arise in the case of such defects subject to the other condi\u00adtions and in accordance with these General Condi\u00adtions of Sales and Delivery if the judicial enforcement of the afore\u00admen\u00adtioned claims against the manufac\u00adturer or supplier has been unsuc\u00adcessful or, for example, is infea\u00adsible due to insol\u00advency. The limitation period of the respective warranty claims of the Customer against KHB is suspended for the duration of the legal dispute.<\/p>\n

(6) The Customer\u2019s claims become statute-barred within one year, starting from delivery of the object of purchase to the buyer. This shall also apply to claims for compen\u00adsation of conse\u00adquential damages caused by a defect.<\/p>\n

(7) If claims for recourse against KHB arise from a claim against the Customer brought by the Custo\u00admer\u2019s buyer, KHB shall bear liability as if it had sold directly to the end Customer. If an end Customer makes a claim against the Customer for a reason that may have its cause in the defect of the sold goods, the Customer shall be obliged to inform KHB accor\u00addingly without delay. The Customer shall also be obliged to bring a legal claim against its buyer, unless KHB accepts its obligation to indemnify the Customer or its buyers, or waives the execution of the judicial procee\u00addings. The Customer must give KHB the oppor\u00adtunity to join the litigation if the Customer faces legal action brought by the Customer\u2019s buyer.<\/p>\n

(8) The Customer assumes all potential claims against KHB arising from a possible infrin\u00adgement of third-party property rights as a result of the impor\u00adtation or use of the goods delivered by KHB, provided such infrin\u00adgement is not the result of wilful intent or gross negli\u00adgence on the part of KHB.<\/p>\n

 <\/p>\n

8. Liability for damages<\/strong><\/p>\n

(1) The liability of KHB for damages, irrespective of the legal reason, including in parti\u00adcular for impos\u00adsi\u00adbility, delay, defective or incorrect delivery, breach of contract, violation of duties in contractual negotia\u00adtions and tort is, insofar as liability hinges on culpa\u00adbility, limited in accordance with the provi\u00adsions of this clause 8.<\/p>\n

(2) KHB shall not be liable for simple negli\u00adgence on the part of its corporate bodies, legal repre\u00adsen\u00adta\u00adtives, employees or other vicarious agents, unless it concerns a breach of material contractual obliga\u00adtions. Material obliga\u00adtions include the obligation to make timely delivery of the delivery item, its freedom from defects of title, as well as defects of quality that impair its functioning or suita\u00adbility for use to a greater than insigni\u00adficant extent, as well as advisory, protective, and custodial duties of care that are intended to enable the Customer to use the delivery item in accordance with the contract, to protect the life and limb of the Custo\u00admer\u2019s personnel, or to protect of the Custo\u00admer\u2019s property from signi\u00adficant damage.<\/p>\n

(3) Insofar as KHB is liable for damages on the basis of the preceding subclause (2), KHB\u2019s liability is limited to damages that were foreseeable for KHB at the time of contracting as a possible conse\u00adquence of a breach of contract, or ought to have been foreseeable when applying customary diligence. Indirect damages and conse\u00adquential damages resulting from defects of the object of delivery will only be compen\u00adsated if such damages are to be expected as typical for the intended use of the delivery item.<\/p>\n

(4) In the case of liability for simple negli\u00adgence, KHB\u2019s obligation to compensate for property damage and resulting further pecuniary losses shall be limited to an amount of EUR 500,000.00 per claim, including in cases that involve a breach of material contractual obligations.<\/p>\n

(5) The above exclu\u00adsions and limita\u00adtions of liability shall equally apply for the benefit of the corporate bodies, legal repre\u00adsen\u00adta\u00adtives, employees and other vicarious agents of KHB.<\/p>\n

(6) Insofar as KHB provides technical infor\u00admation or acts as a consultant and the infor\u00admation or advice provided in this context does not form part of the contrac\u00adtually agreed scope of services owed by KHB, it shall be provided free of charge and to the exclusion of any liability.<\/p>\n

(7) The limita\u00adtions of this clause 8 shall not apply to the liability of KHB for wilful intent, to guaranteed charac\u00adte\u00adristics of properties, to injury to life, limb or health, or to claims under the Product Liability Act.<\/p>\n

 <\/p>\n

9. Biocidal products<\/strong><\/p>\n

KHB expressly notes that all goods offered and\/or sold by KHB are excluded from use as biocidal product(s) in the EU and Switz\u00aderland in accordance with Regulation (EU) No. 528\/2012. This must also be observed when goods are resold \/ onsold.<\/p>\n

 <\/p>\n

10. REACH<\/strong><\/p>\n

To the extent KHB supplies products that have been regis\u00adtered as trans\u00adported isolated inter\u00adme\u00addiates within the meaning of Regulation (EC) 1907\/2006 (REACH), such products must handled and used by the Customer only in accordance with the strictly controlled condi\u00adtions defined in Article 18, paragraph 4 of the REACH Regulation. The Customer assumes the warranty and liability in this respect.<\/p>\n

The Customer is respon\u00adsible for fully satis\u00adfying the necessary documen\u00adtation requi\u00adre\u00adments in accordance with the strictly controlled condi\u00adtions and for forwarding said documen\u00adtation to KHB at KHB\u2019s request without delay.<\/p>\n

 <\/p>\n

11. Place of performance<\/strong><\/p>\n

Place of perfor\u00admance is Hamburg, Germany. The place of perfor\u00admance for all obliga\u00adtions owed by the Customer is the regis\u00adtered office of the seller (KHB).<\/p>\n

 <\/p>\n

12. Place of juris\u00addiction and appli\u00adcable law<\/strong><\/p>\n

The law of the Federal Republic of Germany shall apply to the exclusion of the conflict of laws provi\u00adsions under inter\u00adna\u00adtional private law. The appli\u00adcation of the UN Convention on Contracts for the Inter\u00adna\u00adtional Sale of Goods is excluded.<\/p>\n

The place of juris\u00addiction for all disputes arising from contracts concluded with KHB is Hamburg, Germany. If KHB is a plaintiff, legal procee\u00addings may also be commenced at the Custo\u00admer\u2019s principal place of business.<\/p>\n

 <\/p>\n

13. Miscel\u00adla\u00adneous provisions<\/strong><\/p>\n

The legal ineffec\u00adti\u00adveness of individual provi\u00adsions stipu\u00adlated in these General Terms of Sales and Delivery shall be without prejudice to the remaining provisions.
\nIn the event the contract or these General Condi\u00adtions contain contractual loopholes, these loopholes shall be provided for by such legally effective provi\u00adsions as the parties would have agreed in light of the contract\u2019s commercial objec\u00adtives and provi\u00adsions\u2019 purpose, had they been aware of the contractual loophole.<\/p>\n

Transac\u00adtions with businesses are treated equally to transac\u00adtions with legal entities governed by public law and special funds governed by public law.<\/p>\n

These General Condi\u00adtions of Sales and Delivery shall also govern all future transac\u00adtions with the Customer. They are published on the KHB internet homepage (https:\/\/\u200bwww\u200b.khboddin\u200b.com\/agb<\/a>), with the effect that the contractor is excluded from the plea of not having received them. The same applies with respect to the appli\u00adcable KHB Code of Conduct (see www\u200b.khboddin\u200b.com\/\u200bc\u200bo\u200bd\u200be\u200b-\u200bo\u200bf\u200b-\u200bc\u200bonduct<\/a> ).<\/p>\n

All previous agree\u00adments shall lapse upon publi\u00adcation of these General Conditions.<\/p>\n

Last modified: 07 June 2022[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column][vc_column_text css=\u201c\u201d]Scope of appli\u00adcation: KH Boddin GmbH** KHB Feed GmbH** Kapstadtring 7 22297 Hamburg Germany Phone: +49-40-227129-0 Fax: +49-40-227129-30 e-mail: info@khboddin.com www\u200b.khboddin\u200b.com * = References to persons apply to all genders. ** = The companies covered are herein\u00adafter jointly referred to as \u201cKHB\u201d or the \u201cPurchaser\u201d. 1. Scope and General Provi\u00adsions (1) These General [\u2026]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"wp_typography_post_enhancements_disabled":false,"footnotes":""},"class_list":["post-14569","page","type-page","status-publish","hentry"],"yoast_head":"\nT\u00e9rminos y condiciones - KHBoddin GmbH<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"T\u00e9rminos y condiciones - KHBoddin GmbH\" \/>\n<meta property=\"og:description\" content=\"[vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column][vc_column_text css=\u201c\u201d]Scope of application: KH Boddin GmbH** KHB Feed GmbH** Kapstadtring 7 22297 Hamburg Germany Phone: +49-40-227129-0 Fax: +49-40-227129-30 e-mail: info@khboddin.com www\u200b.khboddin\u200b.com * = References to persons apply to all genders. ** = The companies covered are herein\u00adafter jointly referred to as \u201cKHB\u201d or the \u201cPurchaser\u201d. 1. Scope and General Provisions (1) These General […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/\" \/>\n<meta property=\"og:site_name\" content=\"KHBoddin GmbH\" \/>\n<meta property=\"article:modified_time\" content=\"2026-07-23T11:17:30+00:00\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Tiempo de lectura\" \/>\n\t<meta name=\"twitter:data1\" content=\"54 minutos\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.khboddin.com\\\/es\\\/terminos-y-condiciones\\\/\",\"url\":\"https:\\\/\\\/www.khboddin.com\\\/es\\\/terminos-y-condiciones\\\/\",\"name\":\"T\u00e9rminos y condiciones - KHBoddin GmbH\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.khboddin.com\\\/#website\"},\"datePublished\":\"2020-02-18T10:54:10+00:00\",\"dateModified\":\"2026-07-23T11:17:30+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/www.khboddin.com\\\/es\\\/terminos-y-condiciones\\\/#breadcrumb\"},\"inLanguage\":\"es\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/www.khboddin.com\\\/es\\\/terminos-y-condiciones\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/www.khboddin.com\\\/es\\\/terminos-y-condiciones\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Startseite\",\"item\":\"https:\\\/\\\/www.khboddin.com\\\/es\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"T\u00e9rminos y condiciones\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/www.khboddin.com\\\/#website\",\"url\":\"https:\\\/\\\/www.khboddin.com\\\/\",\"name\":\"KHBoddin GmbH\",\"description\":\"\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/www.khboddin.com\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"es\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"T\u00e9rminos y condiciones - KHBoddin GmbH","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/","og_locale":"es_ES","og_type":"article","og_title":"T\u00e9rminos y condiciones - KHBoddin GmbH","og_description":"[vc_row heading_color=\u201clight\u201d font_color=\u201d#ffffff\u201d][vc_column][vc_column_text css=\u201c\u201d]Scope of application: KH Boddin GmbH** KHB Feed GmbH** Kapstadtring 7 22297 Hamburg Germany Phone: +49-40-227129-0 Fax: +49-40-227129-30 e-mail: info@khboddin.com www\u200b.khboddin\u200b.com * = References to persons apply to all genders. ** = The companies covered are herein\u00adafter jointly referred to as \u201cKHB\u201d or the \u201cPurchaser\u201d. 1. Scope and General Provisions (1) These General […]","og_url":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/","og_site_name":"KHBoddin GmbH","article_modified_time":"2026-07-23T11:17:30+00:00","twitter_card":"summary_large_image","twitter_misc":{"Tiempo de lectura":"54 minutos"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/","url":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/","name":"T\u00e9rminos y condiciones - KHBoddin GmbH","isPartOf":{"@id":"https:\/\/www.khboddin.com\/#website"},"datePublished":"2020-02-18T10:54:10+00:00","dateModified":"2026-07-23T11:17:30+00:00","breadcrumb":{"@id":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/#breadcrumb"},"inLanguage":"es","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.khboddin.com\/es\/terminos-y-condiciones\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Startseite","item":"https:\/\/www.khboddin.com\/es\/"},{"@type":"ListItem","position":2,"name":"T\u00e9rminos y condiciones"}]},{"@type":"WebSite","@id":"https:\/\/www.khboddin.com\/#website","url":"https:\/\/www.khboddin.com\/","name":"KHBoddin GmbH","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.khboddin.com\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"es"}]}},"_links":{"self":[{"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/pages\/14569","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/comments?post=14569"}],"version-history":[{"count":17,"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/pages\/14569\/revisions"}],"predecessor-version":[{"id":15226,"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/pages\/14569\/revisions\/15226"}],"wp:attachment":[{"href":"https:\/\/www.khboddin.com\/es\/wp-json\/wp\/v2\/media?parent=14569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}