General Terms and Conditions of Sale (GTC)

  1. Scope and Deviations 

           These General Terms and Conditions of Sale apply to all business relationships between KIM’S ASIA IMPORT-XEPORT GMBH (hereinafter referred to as “Seller”) and the Customer.       

           Any general terms and conditions that conflict with or differ from the Customer’s General Terms and Conditions shall not apply unless expressly contradictory. 

           Any deviation from these conditions shall be subject to the prior written consent of the Seller.

 2.  Payment Terms

            Unless otherwise agreed, all invoices shall be paid within 30 days from the invoice date without deduction. In the event of late payment, the Seller shall be entitled to charge late                interest of 9% of the unpaid amount. The Seller shall also be entitled to suspend current or future services until full payment is made.

 3.  Collection Procedures

            If the due amount is not paid after 60 days from the due date, the Seller shall be entitled to refer the debt to a debt collection agency for collection. All costs and fees incurred as               a result shall be borne by the Customer.

 4.  Taxes and Statutory Deductions

             If required by law, the Customer is independently responsible for paying withholding taxes or other statutory deductions to the relevant authorities. In any case, the full amount of               the invoice must be paid to the Seller. The Seller is not responsible for the Customer's tax obligations in the relevant country.

 5.  Service Provision and Liability

             The Seller undertakes to provide the agreed services with care and in a timely manner. It does not require specific results. In particular, liability for indirect damages or loss of                       profits is excluded to the extent permitted by law. The Seller is not responsible for claims made against the Customer by third parties (e.g. end users).

 6.   Order-related

             Delivery standards: Delivery will be made at least 2 days prior to the order (excluding the use of a delivery service).

             There is a minimum delivery amount depending on the region, and if the minimum amount is not reached, the order will not be delivered to the warehouse and will not be                           prepared. (Please contact the person in charge for the minimum amount.)

             However, if you wish to deliver even if the minimum amount is not reached, a separate delivery fee will be charged.

 7.   Notification of defects and complaints

             In the event of a problem, please contact the responsible person.

             Dry products : within 2 weeks of receipt

             Refrigerated/frozen products : within 2 days of receipt

             Service is considered completed at the end of this period.

 8.   Governing law and court of competent jurisdiction

             All contractual relations are governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale               of Goods (CISG). The court of competent jurisdiction is – to the extent permitted by law – the registered office of the seller.