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tr_business


Hi Hi Hi Hi Hi Hi Hi Hi

Künye



§ 6 MDStV ve § 8 TDG uyarınca, kai-europe.com ve MDStV'nin internet sitesinin sahibidir.


kai Europe GmbH
Kottendorfer Strasse 5
42697 Solingen
Germany

CEO: Koji Endo

Amtsgericht Wuppertal HRB15182
Ust-Id-No. DE120957197

Telefon: +49 (0)212-232380

E-posta: info@kai-europe.com


Teknik uygulama ve tasarım sorumlusu:


HERE AND NOW GmbH & Co. KG
Telefon: +49 (0)211-92417701
E-Mail: enter@han.studio
Web: www.hereandnow.studio




General Terms and Conditions of Sale



Sect. 1 Preamble:


  • These General Terms and Conditions of Sale (“Terms and Conditions”) shall apply exclusively. kai Europe does not acknowledge differing or contrary terms, unless kai Europe has expressly agreed to them in writing.
  • These Terms and Conditions shall also govern all future sales contracts between the parties and shall also apply if kai Europe performs delivery of the goods despite kai Europe’s knowledge of differing or contrary terms.
  • These Terms and Conditions shall only apply vis á vis companies, corporate bodies under public law and special legal entities under public law in the sense of sec. 310 para. 1 German Civil Code (BGB).
  • Any […] mistakes in sales prospectuses, price lists, bidding documents and/or in any other documentation of kai Europe that were caused by error may be corrected by kai Europe without any liability on the part of kai Europe for damages resulting from such mistakes.

Sect. 2 Conclusion of a Contract:


  • Offers and prices are nonbinding and shall only become binding upon kai Europe´s order confirmation in written or in text form. kai Europe shall be entitled to accept the order-immanent offer to conclude a contract within a period of two weeks after receipt by kai Europe.
  • Subsequent changes (changes after sample approval) induced by the buyer, including any resulting stoppage in production, shall be invoiced to the buyer.
  • When placing an order via kai Europe´s website you may find and save the terms of the contract, which are included in the email confirming receipt of your order that is sent to you by kai Europe, prior or upon the conclusion of the contract. You can find the respective Terms and Conditions, which can be saved in reproduceable form prior and in the course of the conclusion of a contract, via the link to the Terms and Conditions of kai Europe. After the contract was concluded the text of the contract is not separately stored by kai Europe and, therefore, is no longer accessible and retrievable for you via kai Europe once the contract was concluded.
  • When placing an order via the website of kai Europe you may correct type errors in your email by pressing the correction key on your keyboard.
  • The contract is concluded under the proviso that, in case of incorrect or improper deliveries by suppliers, goods and/or services shall not or only partially be delivered. This shall only apply if kai Europe is not responsible for non-delivery, especially if a congruent hedging transaction was concluded with suppliers. In the event it is completely or merely partially impossible to deliver the goods and/or services due to unavailability the buyer shall be informed without delay and the consideration shall be immediately reimbursed to the buyer.
  • As a rule, the place of performance for all contractual and statutory claims shall be the place of business of kai Europe in the city of Solingen, unless the order confirmation provides otherwise.
  • The contractual language and language for communication shall be German and English.

Sect. 3 Quality of the Goods:


  • The agreed properties and condition of the goods include only those characteristics and features specified in the offer/order confirmation. Other or further characteristics and features will only be regarded as agreed properties and condition if expressly agreed with the buyer in writing.
  • Samples are deemed non-binding initial samples. Indications of dimensions, weights and performance, as well as illustrations and analysis information only constitute approximate values.

Sect. 4 Advertising Material and Trade Fair Equipment


  • Supplied advertising material and/or trade fair equipment may only be used for the agreed purpose, the agreed period and for the agreed exhibition venue.
  • kai Europe reserves the property right to the supplied advertising material and/or trade fair equipment. The buyer undertakes to support all measures taken in order to protect the property to or security interests in the supplied advertising material and/or trade fair equipment.
  • In the event the buyer should violate his obligations kai Europe shall be entitled to immediately reclaim the supplied advertising material and/or trade fair equipment; the buyer shall be obliged to return it without delay.
  • Pledging and/or property-transfer by way of security of the supplied advertising material and/or trade fair equipment is not permitted.
  • In case of pledging or other encroachments by third parties the buyer shall be obliged to immediately notify kai Europe in order to enable kai Europe to bring a suit in accordance with sec. 771 of the German Code of Civil Procedure (ZPO). If the buyer fails to do so […] he will be held liable for any damages incurred.
  • The buyer is under obligation to take out, at his own expenses, adequate insurance covering the advertising material and/or trade fair equipment at their listed sales price against the usual risks (theft, fire-, water damage). Should the insured event occur the buyer herewith assigns his claims vis-à-vis the insurance company to kai Europe. kai Europe […] accepts the assignment.

Sect. 5 Prices:


  • Prices are in Euro (€), exclusive of the respective statutory VAT and exclusive all taxes, custom duties and/or other charges at the currently applicable rates.
  • Customary packaging is included in the price; any costs arising due to special packaging requested by the buyer will be charged separately.
  • Unless expressly agreed otherwise, prices are ex delivery to the carrier kai Europe, Germany (“FCA kai Europe, Germany”) – Incoterms 2020 – including normal packaging. If no price is expressly agreed in writing, the prices specified on kai Europe’s current price list will apply.
  • kai Europe reserves the right to correct prices on an individual basis if, until the time the order is executed, price adaptations become necessary due to changes in the currency exchange rate and/or if raw material prices have changed. In the event that costs for material or wages should rise subsequent to the order confirmation, kai Europe shall also be entitled to increase prices in accordance with the risen costs. The buyer shall have the right to terminate the contract if the increase amounts to more than 10 % of the agreed price. Any costs incurred to kai Europe until then for material and wages shall be bourne by the buyer.

Sect. 6 Terms of Payment:


  • The purchase price is due and payable within 10 calendar days from the date of invoice without any deductions. Payment will be regarded as punctual if it is credited to kai Europe’s account in time.
  • From the due date default interest in the amount of 8 percentage points above the respective base interest rate of the ECB p.a. shall accrue. kai Europe reserves the right to claim further damages for delay.
  • Payment shall be effected by bank transfer only; no bill of exchange or cheque will be acknowledged as fulfillment of the payment obligation.
  • kai Europe reserves the right to demand security for payment and/or advance payment.
  • The buyer is only permitted to hold back payments and/or to offset against counterclaims if and insofar as the counterclaims are undisputed or established as final and absolute. The assignment of claims […] is subjected to kai Europe’s approval.
  • All agreed price reductions on prices stipulated in the contract and all agreed discounts of any kind whatsoever will be cancelled without replacement if the buyer is fully or partially in default to kai Europe with his payment and/or acceptance obligations.

Sect. 7 Delivery:


  • Unless otherwise […] agreed deliveries will be ex delivery to the carrier kai Europe, Germany (“FCA kai Europe, Germany”) – Incoterms 2020.
  • Partial deliveries are permissible, if acceptable to the buyer, unless they are expressly excluded.
  • Product and service delivery deadlines shall only be binding if kai Europe has expressly confirmed them in writing.
  • kai Europe will not be held in default of its product or service delivery obligations until a reasonable extension of deadline has been granted to kai Europe and has expired.
  • In case of default in acceptance or other culpable breach of duties to cooperate by the buyer kai Europe is entitled to claim compensation for any resulting damage including […] any possible additional expenses. kai Europe reserves the right to claim further damages. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the time of such default of acceptance or other breach of duties to cooperate. In these events, kai Europe shall arrange for the storage of the goods at the risk and cost of the buyer. If required by the buyer, kai Europe shall insure the goods at the cost of the buyer.
  • If loading aids (pallets etc.) are used for the transport of the goods, the buyer is obliged to return the same number of loading aids of the same quality free of charge. If the buyer fails to meet this obligation before the expiry of the […] granted deadline, the buyer will owe kai Europe the sum required to purchase the same number of loading aids of the same quality.

Sect. 8 Passing of Risk:


  • The risk of the accidental destruction or accidental deterioration of the goods shall pass to the buyer as soon as kai Europe has handed the goods over for shipping to a freight forwarder, a carrier or any other person commissioned to transport the goods. This shall also apply to partial deliveries and irrespectively of the agreement of a carriage paid delivery.
  • If the goods are ready for shipping and shipping is delayed for reasons for which kai Europe cannot be held responsible, the risk will pass when the buyer receives the shipping advice.
  • In case goods are to be delivered free Hamburg Harbor „DDP Hamburg container depot“ - Incoterms 2010 – free Rotterdam Harbor “DDP Rotterdam” - Incoterm 2010 - or Frankfurt/ Main Airport „DDP Frankfurt/Main Airport“ - Incoterms 2010 - Düsseldorf Airport “DDP Düsseldorf Airport” - Incoterm 2010 - Cologne Airport “DDP Cologne Airport” - Incoterm 2010 – Paris Airport (CDG – Charles de Gaulle) – Milan Airport (MPX – Malpensa), harbor and airport of Barcelona and Genova Harbor, the risk of the accidental destruction or accidental deterioration of the goods shall pass to the buyer at the time when kai Europe notifies the buyer that the goods are available for collection.

Sect. 9 Retention of Title:


  • Notwithstanding delivery and the passing of risk […] or other regulations of these Terms and Conditions kai Europe reserves the right of property to the goods (“goods subject to reservation of title”) until the complete payment of the purchase price and of all other liabilities resulting from kai Europe’s current business relationship with the buyer. The buyer commits to support all measures taken in order to protect the property to or security interests in the goods subject to reservation of title.
  • The buyer is entitled to sell the goods subject to reservation of title in the normal course of business, provided that the buyer has not fallen into arrears with his payments to kai Europe and provided the buyer‘s financial position has not deteriorated. The buyer already now assigns to kai Europe his claims under the resale of the goods subject to reservation of title including all ancillary rights as well as such claims of the buyer regarding the goods subject to reservation of title which arise due to other legal grounds vis-à-vis his buyers or third parties. kai Europe […] accepts the assignment.
  • kai Europe shall have the right to withdraw from the contract and take back the delivery items if the buyer violates any obligations, especially in case of payment delay; the buyer shall be obliged to return the delivery items.
  • Pledging of and/or property-transfer by way of security with regard to the goods subject to reservation of title are not permitted.
  • In case of pledging or other encroachments by third parties the buyer shall be obliged to immediately notify kai Europe in order to enable kai Europe to bring a suit in accordance with sec. 771 of the German Code of Civil Procedure (ZPO). If the buyer fails to do so […] he will be held liable for any damages incurred.
  • The buyer is under obligation to take out sufficient insurance against the usual risks (theft, fire and water damage) in order to cover the […] goods´ true value and to store them in such a way as to ensure that the property of kai Europe is not jeopardized. The buyer hereby assigns to kai Europe any claims against the insurance company which may accrue to him in case the insured event occurs. kai Europe […]accepts this assignment.

Sect. 10 Warranty


  • The buyer is obliged to check the goods for defects immediately after delivery. In the event that the properties and condition of the goods are obviously faulty or obviously deviating or if different goods were delivered than ordered the buyer shall be obliged to immediately send a written complaint to kai Europe within three working days after delivery at the latest or, if the defect was not apparent at the immediate examination, one week after the defect was discovered. In case no complaint about obvious defects is made both in time and in due form the respective warranty expires. The obligation to check the goods and to send a complaint in accordance with sec. 377 of the German Commercial Code (HGB) shall remain unaffected.
  • The warranty period shall be one year as of delivery of the goods. This shall not apply if the purchased product is normally used for a building and has caused the defect. The limitation periods in case of a delivery recourse claim pursuant to sections 445 a, 445 b of the German Civil Code (BGB) as well as for damage claims due to injury to life, limb or health shall remain unaffected and valid without restrictions.
  • There shall be no claims for defects for merely insignificant aberrations from the agreed properties and condition and/or if usability is merely insignificant impaired. Tolerances customary in trade and branch shall not constitute sufficient grounds for a notice of defects.
  • In the event a justified notice of defects is made in time, kai Europe reserves the right to a subsequent performance at the kai Europe´s own choice, i.e. the rectification of the defect or the free-of-cost exchange of the defective goods returned by the buyer to kai Europe against new goods as specified in the contract (supplementary delivery). Only if subsequent performance has failed twice may the buyer, at his own choice, demand withdrawal from the contract or the reduction of consideration.
  • Insofar as, other than that, the buyer is, due to a negligent violation of an obligation, entitled to claim damages in lieu of performance, the liability of kai Europe shall be limited to the compensation for the foreseeable, typically occurring damage.
  • Apart from that, damage claims shall be subject to paragraph 11. Further or other claims for a defect as to quality than the claims of the buyer vis-à-vis kai Europe and the vicarious agent of kai Europe stipulated in paragraph 10 are excluded.
  • In case the buyer objects to the delivery or to parts thereof no part of the rejected goods may be used, processed or re-delivered. Should this happen nevertheless, the buyer denies kai Europe the right to inspect the rejected goods and thus renders the complaint invalid.

Sect. 11 Other claims for damages:


  • A further-reaching liability to pay damages than that stipulated in paragraph 10 is excluded – irrespective of the legal nature of the asserted claim. This shall apply, in particular, to damage claims due to culpa in contrahendo, due to other violations of obligations or due to tortious compensation claims for damage to property pursuant to sec. 823 of the German Civil Code (BGB).
  • The limitation of paragraph 11.1 shall also apply insofar as, in lieu of his damage claim, the buyer demands reimbursement for useless expenses instead of performance.
  • Insofar as kai Europe´s liability to pay damages is excluded or limited this shall also apply with regard to the personal liability to pay damages of the employees, workers, staff, representatives and vicarious agents of kai Europe.
  • This shall not apply, insofar as there is a compulsory liability, for example pursuant to the Product Liability Act (ProdHaftG), in cases of intent, gross negligence, due to the injury of life, limb or health or due to the violation of essential contractual obligations. Thus, with regard to damages that are subject to mandatory liability the period of limitation is not reduced.
  • The claim for damages due to the violation of essential contractual obligations shall be limited to the foreseeable damage typical for this kind of contract up to the amount of the insured sum of kai Europe´s liability insurance, i.e. up to the amount of Euro 3,000.000.- per damage event, if this insured sum is in appropriate proportion to the damage risk typical for this type of contract and unless there is intent or gross negligence or if liability is based on the injury of life, limb or health. The above provisions do not cause the burden of proof to shift to the disadvantage of the buyer.

Sect. 12. Intellectual Property:


The buyer shall not be entitled to reproduce, copy, make available to third parties or otherwise pass on documents, illustrations, drawings, performance specifications in sales brochures, cost estimates, data sheets, etc. without the express prior written consent of kai Europe or to otherwise use these documents in any manner conflicting with kai Europe’s interests.


Sect. 13 Choice of Law and Place of Jurisdiction:


  • The contractual relationship between kai Europe and the buyer shall be governed exclusively by German law and shall be construed in accordance with the German conception of the law, excluding the conflict-of-law rules. The application of the United Nations Convention on Contracts for the International Sales of Good (CISG) is excluded.
  • Both parties agree that Solingen shall be the exclusive place of jurisdiction, provided that the buyer is a businessman, a corporate body under public law or a special legal entity under public law. kai Europe shall also have the right to bring a claim before a court at the buyer’s domicile.

Sect. 14 Other Provisions:


  • If any provision of the Terms and Conditions should be invalid, the remaining provisions shall continue to be force.
  • All contractual agreements, including subsidiary agreements, must be made in written form to be valid. This form requirement can be waived only in writing.
  • The contractual language in the territory of German speaking countries in Europe is German, outside this territory English.
  • If the meaning of any English term contained in this agreement differs from the meaning of the respective German term, the meaning of the German term shall take priority.

Version: 05/2020




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İçerik:


Site sorumlusu, sunulan bilgilerin güncelliği, doğruluğu, tamlığı ve kalitesi açısından hiçbir sorumluluk üstlenmez. Bu sebeple, yanlış ve eksik bilgilerin kullanımı da dahil olmalk üzere, sunulan bilgilerin kullanılması sonucunda oluşan maddi veya manevi tazminat talepleri reddedilecektir. Sunulan bilgilerin hiçbiri bağlayıcı değildir ve yükümlülük gerektirmez. Sayfaların bölümleri veya yayının tümü, tüm teklifler ve bilgiler de dahil olmak üzere, özel olarak bildirim yapılmaksızın genişletilebilir, değiştirilebilir, kısmen ya da tamamen silinebilir.


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