Terms & Conditions
Last updated: April 2026
1. Scope of Application
These General Terms and Conditions ("GTC") apply to all business relationships between THE K SUPPLY GmbH ("Seller") and the customer ("Buyer"). These terms apply exclusively to business-to-business (B2B) transactions. The Buyer's own terms and conditions shall not apply, even if not expressly rejected.
2. Quotations & Pricing
All quotations are non-binding and subject to change unless explicitly stated otherwise in writing. Prices are quoted in EUR and are exclusive of VAT, customs duties, and transport costs unless otherwise specified. Quotations are valid for 14 days from the date of issue unless a different validity period is stated.
3. Orders & Contract Formation
A binding contract is formed upon the Seller's written order confirmation or upon delivery of the goods, whichever occurs first. The Seller reserves the right to accept or reject orders at its sole discretion. Minimum order quantities may apply depending on the product.
4. Payment Terms
Unless otherwise agreed in writing, payment is due within 30 days of the invoice date. For new customers, prepayment or payment upon delivery may be required. Late payments shall incur interest at 9 percentage points above the base rate of the European Central Bank. The Seller reserves the right to withhold deliveries in case of outstanding payments.
5. Delivery & Shipping
Delivery dates are approximate unless expressly confirmed as fixed. The Seller is not liable for delays caused by force majeure, supplier shortages, or other circumstances beyond its reasonable control. The risk of loss passes to the Buyer in accordance with the agreed Incoterm (default: EXW Hamburg). Partial deliveries are permitted unless otherwise agreed.
6. Quality & Claims
All products are supplied with a Certificate of Analysis (CoA). The Buyer must inspect goods upon receipt and notify the Seller of any defects in writing within 7 business days. Latent defects must be reported within 7 days of discovery. Claims submitted after these deadlines will not be accepted. Samples and specifications are provided for reference only.
7. Liability
The Seller's liability is limited to the value of the defective goods. The Seller is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profit, production downtime, or third-party claims. This limitation does not apply in cases of intent, gross negligence, or mandatory statutory liability.
8. Retention of Title
All delivered goods remain the property of the Seller until full payment has been received. The Buyer is permitted to resell goods in the ordinary course of business but hereby assigns to the Seller all claims arising from such resale.
9. Confidentiality
Both parties agree to treat all commercial information, pricing, and business terms as confidential. This obligation survives the termination of any business relationship.
10. Governing Law & Jurisdiction
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes is Hamburg, Germany.