1. Application


These Terms and Conditions of Sale govern the sale of products by KNIPEX Tools Middle East Trading LLC (“KNIPEX”), to business customers and consumers (each a “Buyer”), including the sale of products through the KNIPEX Web Shop (the “Web Shop”).


Please read these conditions carefully before placing an order; by placing an order with Knipex, you confirm your agreement to be bound by these Terms and Conditions.


  1. Offer and Contract


Knipex’s offers, including the price quotations, are not binding. The presentation of products in the Web Shop or elsewhere does not contain any legally binding offer, but merely constitutes an invitation to order.


In the case of sales through the Web Shop, the Buyer’s order is a binding offer to Knipex to buy the product(s) in the order. When the Buyer places an order to purchase a product,


The Buyer’s general terms and conditions of purchase shall in no event become part of the contract.


  1. Prices


Prices for products shall, unless otherwise agreed, be in accordance with KNIPEX price list as applicable from time to time.


  1. Delivery Times


Unless expressly agreed otherwise, all statements concerning delivery times are estimates; Knipex does not guarantee any delivery times, and the Buyer should not rely on them.


  1. Transfer of Risk


To the extent permissible under mandatory provisions of applicable law, the risk of loss or damage to products sold shall pass to the Buyer at the time when they are handed over to the shipping agent or to the carrier.


  1. Payment


Payment shall be made by the date specified on the invoice by bank transfer or SEPA direct debit. In the case of sales through the Web Shop, payment shall be made by any of the methods available on the Web Shop.


In the event of payment delay, Knipex shall be entitled to interest at a rate of 9% p.a. as of the payment due date, without the need for any further warning; Knipex reserves the right to claim additional damages actually incurred.


  1. Retention of Title


Knipex reserves title to all products delivered until full payment of the purchase price (retention of title clause).


  1. Industrial Property Rights


KNIPEX reserves all rights of ownership and copyright to all of its patterns and models, illustrations, drawings, calculations and other documents and information as well as commercial and technical details provided to the Buyer. These documents and such information may only be made accessible to third parties with Knipex’s prior consent, and must be returned to Knipex immediately if the order is not placed with Knipex.


  1. Warranty for Defects


The warranty period for defective products shall be twelve (12) months starting from the delivery of the relevant product. Knipex’s warranty obligation shall be limited, in Knipex’s discretion, to repair or replacement of the defective product.


Without prejudice to rights consumers may have under applicable consumer protection legislation, the Buyer must inspect the product on receipt and report defects in text form immediately and, in any event, not later than seven (7) days following delivery; defects which cannot be discovered within this time in spite of the most careful inspection need to be reported in text form as soon as possible and, in any event, not later than seven (7) days after discovery.


  1. Liability for Damages


To the extent permitted by mandatory provisions of applicable law, Knipex shall not be liable for damages unless in cases of gross negligence or willful misconduct.


In no event shall Knipex be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or expenses), or any indirect or consequential losses that were not foreseeable when the contract for the sale of products was formed.


  1. Severability


In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.


  1. Governing Law and Arbitration


These conditions are governed by and construed in accordance with the laws of the United Arab Emirates.


Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of these Terms and Conditions of Sale or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (the “Rules”), by one arbitrator appointed in compliance with the Rules. The place of arbitration shall be Dubai, UAE.