{"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":"2024-03-22T11:08:49","modified_gmt":"2024-03-22T10:08:49","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]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

 <\/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

 <\/p>\n

2. 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

 <\/p>\n

3. 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.<\/p>\n

 <\/p>\n

4. 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

 <\/p>\n

5. 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

 <\/p>\n

6. 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

the material or ingre\u00addient in a supplied mixture is subject to restric\u00adtions under Art. XVII REACH
\none of the supplied materials is listed in Annex XIV REACH or in the candidate list pursuant to Art. 59 REACH, or if
\ningre\u00addients of supplied mixtures are listed in Annex XIV REACH or the candidate list pursuant to Art. 59 REACH, unless the concen\u00adtration of the substance is below 0.1 % of the mass and below the lowest limits specified in Directive 1999\/45\/EC or in Part 3 of Annex VI to Regulation (EC) No 1272\/2008, according to which the mixture is classified as dangerous.<\/p>\n

The Supplier must notify the Customer in writing without delay of any innova\u00adtions or changes with regard to the above aspects (e.g. new\/changed restric\u00adtions or inclusion in the candidate list) that arise after the first delivery. The Supplier\u2019s notifi\u00adcation must provide the Customer with suitable infor\u00admation regarding the respective reason for notification.<\/p>\n

(5) If products, materials or mixtures do not comply with the appli\u00adcable requi\u00adre\u00adments under the law governing the respective materials or chemicals, or if they are subject to compulsory notifi\u00adcation pursuant to the preceding paragraph 4, the Customer shall be entitled to cancel affected orders free of charge, refuse its accep\u00adtance and return goods already received at its own expense or, if a return is infea\u00adsible or unreasonable or is rejected by the Supplier, dispose the goods at the Supplier\u2019s expense. Sentence 1 shall apply accor\u00addingly if the Supplier violates obliga\u00adtions resulting from clause 6.2 above.<\/p>\n

(6) The Supplier shall indemnify the Customer against all costs, expenses, damages and other disad\u00advan\u00adtages (including conse\u00adquential damages) caused directly or indirectly as a result of the materials\u2019 or mixtures\u2019 non-compliance with the requi\u00adre\u00adments laid down in the preceding indents, or if the Supplier has otherwise breached his obliga\u00adtions laid down in the preceding indents.<\/p>\n

 <\/p>\n

7. Inspection on defects, warranty rights<\/strong><\/p>\n

(1) Our claims for defects shall be governed without limitation by the statutory provisions.<\/p>\n

(2) It is the Custo\u00admer\u2019s respon\u00adsi\u00adbility to inspect the delivery within a reasonable period of time on quantity and quality discrepancies and to submit a corre\u00adsponding notice of defects. Concealed defects are to be notified within a reasonable period of time after their detection.<\/p>\n

(3) An express or implied accep\u00adtance of samples or specimens does not constitute a waiver of the Customer\u2019s warranty rights.<\/p>\n

(4) The Supplier assumes a warranty period of 24 months commencing upon risk transfer. Upon receipt of the Custo\u00admer\u2019s notice of defects (at least in written form) by the Supplier, the limitation period for warranty claims shall be suspended until the Supplier rejects the Custo\u00admer\u2019s claims, declares the defect rectified, or otherwise refuses to continue negotia\u00adtions on the Custo\u00admer\u2019s claims. In the case of substitute delivery and subse\u00adquent impro\u00advement, the warranty period for replaced and improved goods \/ parts \/ packaging shall commence anew, unless the Customer ought to assume, in light of the Supplier\u2019s conduct, that the Supplier did not feel obliged to take the measure, but instead rendered substitute delivery or subse\u00adquent impro\u00advement only for goodwill or similar reasons.<\/p>\n

(5) The Customer shall be autho\u00adrised to return defective goods to the Supplier at the Supplier\u2019s expense from the place of desti\u00adnation or any other place where the goods are located at the time the defect is disco\u00advered. This does not apply if the goods are deemed approved.<\/p>\n

(6) In the case of incom\u00adplete delivery, a failure to submit a notice of defects in good time shall only result in the Customer losing the right to substitute delivery or contract rescission. In no case will the Customer have to pay for estab\u00adlished short deliveries.<\/p>\n

 <\/p>\n

8. Product liability<\/strong><\/p>\n

(1) The Supplier shall indemnify the Customer from all third-party claims to the extent the Supplier is respon\u00adsible for product damage.<\/p>\n

(2) The Supplier is in this context also obliged to reimbur\u00adsement of expenses pursuant to Sections 683 and 670 BGB that arise from or in connection with a product recall measure imple\u00admented by the Customer. The Customer shall make its best effort to inform the Supplier of the details and scope of the recall measures to be carried out and give the Supplier an oppor\u00adtunity to provide feedback.<\/p>\n

(3) The Supplier under\u00adtakes to maintain product liability insurance with a cover amount of \u20ac 5 million per claim. This is without prejudice to any additional warranty claims. The Customer may at any time request the Supplier to provide written evidence of the valid insurance cover by means of a copy of the third-party liability insurance policy; lower cover amounts must be agreed with the Customer in the individual case.
\nThis provision is without prejudice to claims for damages \u2013 irrespective of whether covered by the insurance policy or not.<\/p>\n

 <\/p>\n

9. Property rights<\/strong><\/p>\n

(1) The Supplier shall be liable, in accordance with subclause 2, for assuring that its delivery does not infringe any third party property rights in countries of the European Union or third countries where the goods are produced.<\/p>\n

(2) The Supplier shall indemnify the Customer on first request against related third party claims and all necessary expenses incurred in connection with the claim. This does not apply if the Supplier demons\u00adtrates that it is not at fault for the property right infrin\u00adgement, nor ought to have been aware of it when exercising the diligence of a prudent business person.<\/p>\n

(3) If the supplied products are subject to statutory marketing restric\u00adtions, the Supplier must notify the Customer in writing without delay, and in any case by no later entering into a contract with the Customer.<\/p>\n

 <\/p>\n

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

(3) Before entering into a contract, the Supplier must give express notice if the offered and deliverable goods are classified as dangerous goods and advise of the corre\u00adsponding code numbers. The Supplier shall also be respon\u00adsible for ensuring that all legal regula\u00adtions and ordinances relating to the deliverable goods, including packaging regula\u00adtions, are complied with and that the regula\u00adtions under the laws governing dangerous goods and regula\u00adtions are observed and complied with, in parti\u00adcular also by the forwarding agents and logistics service providers.<\/p>\n

 <\/p>\n

11. Origin of goods, prefe\u00adrence certificates<\/strong><\/p>\n

(1) Upon accep\u00adtance of an order, the Supplier under\u00adtakes to notify the non-prefe\u00adrential (commercial) origin of the goods, deter\u00admined in accordance with the legal provi\u00adsions appli\u00adcable at the time of delivery.<\/p>\n

(2) By accepting an order, a Supplier with regis\u00adtered office in the EU under\u00adtakes to, in cases where goods are considered to be prefe\u00adrential EU products in accordance with the rules of origin of one or more prefe\u00adrential agree\u00adments, send the Customer a long-term Supplier decla\u00adration (\u201cLTSD\u201d) issued in accordance with the EU regulation appli\u00adcation at the time of delivery. Our material number, commercial designation, country of origin, cumulation note and statis\u00adtical commodity code (HTS code) must be stated in the LTSD.<\/p>\n

(3) In the case of deliveries from non-EU countries, the Supplier is obliged to attach a (prefe\u00adrential, if appli\u00adcable) proof of origin to the delivery. This proof of origin must be issued in accordance with the regula\u00adtions of the respective (prefe\u00adrence, if appli\u00adcable) agreement appli\u00adcable in the goods\u2019 desti\u00adnation country at the time of their expected importation.<\/p>\n

(4) If LTSD\u2019s or (prefe\u00adrential) proof of origin documents are issued wrongly, the Supplier shall be liable for any resulting damages, including any public foreign or domestic duties and penalties.<\/p>\n

(5) The Supplier warrants that the Supplier\u2019s company, its affiliates as well as the directors, execu\u00adtives and agents are not listed in any EU-issued embargo or sanction regula\u00adtions or, if appli\u00adcable, any appli\u00adcable U.S. sanctions regime. In the event of culpable non-compliance with these obliga\u00adtions or provision of incorrect infor\u00admation, the Supplier shall be liable for all resulting damages resulting, including any public charges and penalties.<\/p>\n

 <\/p>\n

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

(1) Insofar as the Customer provides the Supplier with materials and inter\u00adme\u00addiary products, the Customer reserves ownership title in such materials and products.<\/p>\n

(2) Any processing or modifi\u00adcation of these materials and inter\u00adme\u00addiary products by the Supplier shall be carried out on behalf of the Customer. If such goods are processed together with other goods that are not the Customer\u2019s property, the Customer shall acquire joint ownership of the new goods in the ratio of the value of KHB\u2019s goods to the other processed goods at the time of processing.<\/p>\n

(3) If the materials and inter\u00adme\u00addiary products provided by the Customer are combined, mixed or amalga\u00admated with other materials that are not the Custo\u00admer\u2019s property, the Customer shall acquire joint ownership of the new object in the ratio of the value of the Customer\u2019s property to the other materials at the time of the combi\u00adnation, mixing or amalga\u00admation. If the Supplier\u2019s property is to be regarded as the main component, it is hereby agreed that the Supplier shall transfer his joint ownership to the Customer. The Supplier shall safely store the exclu\u00adsively or jointly owned property on behalf of the Customer. An inclusion of such property in colla\u00adteral surety or any other disposal over such property by the Supplier is not permitted in this context.<\/p>\n

(4) Goods that were already paid by the Customer but are returned to the Supplier due to a breach of contract or a defect shall remain the property of the Customer until the payments resulting from the disso\u00adlution of the purchase contract have been refunded. The Supplier is not autho\u00adrised to pledge the paid goods or to assign them as colla\u00adteral surety.<\/p>\n

(5) Any retention of title by the Supplier shall only apply if it relates to the Custo\u00admer\u2019s obligation to pay for the respective goods in which the Supplier has reserved title. Extended or prolonged retention of title is not permitted.<\/p>\n

 <\/p>\n

13. Prices, invoicing, payment, prohi\u00adbition of assignment<\/strong><\/p>\n

(1) The prices specified in the Customer\u2019s order are binding.<\/p>\n

(2) The invoice shall be issued by the fifth working day of the month following the delivery. The Customer can only process and pay invoices if the order number stated in the purchase order is indicated on the invoice. The Customer shall not be respon\u00adsible for any delays resulting from non-compliance with the afore\u00admen\u00adtioned obliga\u00adtions, and the time limits set out in the following subclause 3 shall be extended accordingly.<\/p>\n

(3) Unless agreed differ\u00adently, the Customer shall make payment within 30 days from receipt of the invoice less 3% discount or within 45 days less 1.5% discount, or in the net amount within 60 days. Receipt of the Customer\u2019s transfer instruc\u00adtions by the bank shall suffice for the purpose of deter\u00admining timely payment by the Customer.<\/p>\n

(4) The Customer shall be autho\u00adrised to the offsetting and retention rights provided for under the statutory provisions.<\/p>\n

(5) The assignment of claims against the Customer from and in connection with the purchase contract is only permitted with the Customer\u2019s written consent. The Customer is deemed to have granted consent in the case of an assignment to the Supplier\u2019s bank for standard-type general assignments.<\/p>\n

 <\/p>\n

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

(1) The Supplier is obliged to keep all illus\u00adtra\u00adtions, drawings, calcu\u00adla\u00adtions and other documents and infor\u00admation confi\u00addential for a period of 3 years after contract conclusion. They may only be disclosed to third parties with the express consent of the Customer. The obligation to maintain confi\u00adden\u00adtiality shall continue to apply for the prescribed period after the contractual relati\u00adonship has ended. It shall lapse once the knowledge contained in the illus\u00adtra\u00adtions, drawings, calcu\u00adla\u00adtions and other documents provided has become general knowledge.<\/p>\n

(2) An opinion on, disclosure of or reference to the existing business relations with the Customer in publi\u00adca\u00adtions, on the Supplier\u2019s website or for adver\u00adtising purposes is only permitted with the Custo\u00admer\u2019s express prior written consent.<\/p>\n

(3) The Supplier shall impose the provi\u00adsions of this \u201cconfi\u00adden\u00adtiality\u201d clause on its upstream suppliers accordingly.<\/p>\n

(4) Unless the Supplier is not at fault for the breach, the Supplier shall be liable for all damages suffered by the Customer as a result of a breach of this obligation.<\/p>\n

 <\/p>\n

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

The Customer processes personal data in accordance with the GDPR and the German Federal Data Protection Act. The legal basis for data processing is Article 6(1)(B) EU DSGCO (contract initiation and performance).<\/p>\n

 <\/p>\n

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

(1) If the Supplier is a business, the exclusive place of juris\u00addiction for all disputes arising directly or indirectly from the contractual relati\u00adonship, including claims for checks and bills of exchange, shall be at the Custo\u00admer\u2019s place of regis\u00adtered office.<\/p>\n

(2) These General Purchasing Condi\u00adtions and the legal relations between the Customer and the Supplier shall be governed by the law of the Federal Republic of Germany under exclusion of the conflict of laws provi\u00adsions and the UN Convention on the Inter\u00adna\u00adtional Sale of Goods or similar inter\u00adna\u00adtional agreements.<\/p>\n

(3) In the event individual provi\u00adsions or parts thereof stipu\u00adlated in these General Purchasing Condi\u00adtions are legally ineffective, the remaining provi\u00adsions or part thereof shall remain without prejudice.
\nContractual loopholes contained in the contract or these General Purchasing Condi\u00adtions 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

Last modified: 27 September 2022[\/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]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   1. Scope of appli\u00adcation, general provi\u00adsions (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**. [\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]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   1. 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