Terms of Service

1. Validity of the general terms and conditions

Unless expressly agreed otherwise, deliveries (purchase, delivery for selection) shall be made exclusively on the basis of the following General Terms and Conditions.

2. Prices and terms of payment

The invoices of “Khaki International GmbH” are due for payment immediately. Discount deductions shall not be recognized. If the customer is in default of payment, “Khaki International GmbH” shall be entitled to charge interest on arrears in the amount of the credit interest charged by its own bank, subject to the assertion of further rights, at least in the amount of 9% per year.

3. exceeding of delivery times

Claims for damages by the client due to late delivery or non-delivery are excluded.

4. Liability for defects

Obvious defects must be reported in writing immediately, but no later than 14 days after receipt of the goods. Notifications of defects made after this date shall be excluded. “Khaki International GmbH” shall be entitled, at its discretion, to repair the goods or to deliver replacements of the same goods, order of magnitude and price class. In the event of a justified notice of defect, the purchaser shall return the goods to “Khaki International GmbH”. Claims for compensation by the ordering party for direct or indirect damages in connection with defects shall be excluded; however, this shall not apply if the company “Khaki International GmbH” is legally liable in the case of intent or gross negligence on the part of itself or one of its vicarious agents or in the case of the absence of warranted characteristics.

5 Retention of Title

a) The company “Khaki International GmbH” shall retain title to all goods delivered by it until full payment of all its claims arising from the business relationship with the client, irrespective of the legal grounds on which it arose. The client may dispose of the goods delivered under retention of title only in the regular course of business. A sale of the goods subject to retention of title against set-off is only permissible with the prior written consent of “Khaki International GmbH”. Pledging or transferring the goods delivered by “Khaki International GmbH” as security is not permitted.

b) In order to secure all claims of “Khaki International GmbH” according to paragraph 1, the customer shall assign to “Khaki International GmbH” in full its current and future claims including ancillary rights to which it is entitled against third parties due to the goods delivered by “Khaki International GmbH”. The customer is authorized to collect the claims until revocation by “Khaki International GmbH”, which is permissible at any time. The proceeds from the collection of the claims assigned to me shall be immediately transferred to “Khaki International GmbH” in the amount of the claims to which the company is entitled. The authorization to collect shall also expire without express revocation in the event of cessation of payments by the customer. Upon request of “Khaki International GmbH”, the client shall be obliged to inform the third party of the assignment of its claim to “Khaki International GmbH” and to provide “Khaki International GmbH” with all information and documents required to assert its rights. The client is not authorized to dispose of the claims assigned to “Khaki International GmbH” in any other way.

6. Delivery for Selection

a) If goods are delivered by “Khaki International GmbH” for selection, the client shall be obliged to insure the goods entrusted to it at its own expense to a sufficient extent, in particular against transport risks of any kind, against fire and water damage, and against theft and robbery. Furthermore, the customer is obligated to handle the goods with care and to return any goods not purchased to “Khaki International GmbH” in perfect condition. Khaki International GmbH” is entitled to have soiled or damaged goods cleaned or repaired at the expense of the client. The Customer undertakes to firmly accept such goods whose cleaning or repair is no longer possible or reasonable as a result of severe soiling or damage and to immediately pay the prices stated in the delivery bill plus VAT; this shall also apply if the goods have become soiled or damaged as a result of circumstances for which the Customer is not responsible.

b) If the client, for whatever reason, does not immediately return goods that were not purchased, despite the permissible request of “Khaki International GmbH”, the client shall be obligated to pay the prices stated in the delivery bill, plus value-added tax; this shall also apply if it has become impossible for the client to return the goods for reasons for which the client is not responsible, or if there is no insurance coverage for the loss of or damage to the goods. Translated with (free version) The designated obligation of the client shall commence with the removal of the goods from the business premises of “Khaki International GmbH”, no matter by whom the transport is carried out.

7. Law, place of jurisdiction

The place of jurisdiction for all legal matters is Düsseldorf

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