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    GENERAL TERMS & CONDITIONS OF SALES – MIDDLE EAST

    The sale of all goods by Kärcher is expressly conditioned upon the Buyer’s acceptance of these Terms and Conditions of Sale (the “Terms”).

    These Terms, together with Kärcher’s Order Confirmation, constitute the entire agreement between Kärcher and the Buyer (the “Agreement”).

    Acceptance of the goods, or failure to object in writing within five (5) business days of receiving the Order Confirmation, shall constitute unconditional acceptance of these Terms.

    1. DEFINITIONS

        a.   “Buyer” means the person who buys or agrees to buy the goods from Kärcher

        b.   “Goods” means the items described in Kärcher’s Order Confirmation.

        c.   “Delivery Date” means the estimated delivery date specified in the Order Confirmation.

        d.   “Price” means the price of the goods as specified in the order confirmation.

        e.   “Terms” means these Terms and Conditions of Sale and any special terms expressly agreed in writing by Kärcher.

    2. CONTROLLING PROVISIONS

    No terms and conditions other than the terms and conditions contained herein shall be binding upon Kärcher, unless accepted by Kärcher in writing and signed by Kärcher’s authorised representative. All terms and conditions contained in any prior oral or written communication, which are different from or in addition to the terms and conditions herein are hereby expressly rejected and shall have no effect. Kärcher acceptance of the Buyer’s purchase order is conditional upon the Buyer’s acceptance of these Terms.

    3. PAYMENT TERMS

       3.1. The Buyer agrees to pay for the goods according to the payment terms and the due date specified in the Order Confirmation and subsequent invoice.

       3.2. All payments shall be made in the currency specified on the invoice, in full and in totality, without any set-off, counterclaim, or deduction whatsoever.

       3.3. The Buyer shall bear all bank charges, wire transfer fees, or other costs associated with the payment. If any deductions, such as withholding taxes, are required by local law, the Buyer shall be responsible for grossing-up the payment so that Kärcher receives the full, original invoice amount.

       3.4. In the event the Buyer fails to make any payment to Kärcher when due, the Buyer’s entire account with Kärcher shall become immediately due and payable. Kärcher reserves the right to suspend the delivery of any goods under this or any other contract with the Customer and may withhold the fulfilment of any further orders until all outstanding amounts are paid in full.

       3.5. All overdue amounts shall accrue interest at 1% per month (12% per annum) from the due date until full payment is received.

       3.6. Any disputes regarding an invoice must be communicated in writing within seven (7) calendar days of the invoice date. Thereafter, the invoice will be deemed correct and payable.

       3.7. Payments shall be made from the Buyer’s official bank account to Kärcher’s bank account listed on the invoice, referencing the invoice number.

       3.8. Kärcher reserves the right to require payment in advance, in whole or in part, as a condition of order acceptance or fulfillment, without stating a reason.

    4. GOVERNING LAW

    This transaction shall be governed by the laws applicable in the United Arab Emirates as applied in the Emirate of Dubai. The parties agree to the exclusive jurisdiction of the Dubai Courts.

    5. DELIVERY

       5.1. Kärcher will make a good faith effort to complete delivery of the goods as indicated in the Order confirmation.

       5.2. Kärcher assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to  Kärcher including, but not limited to, liability for Kärcher's non-performance caused by acts of God, war, labour difficulties, pandemics, strikes, accidents, inability to obtain materials, difficulties in energy or material procurement, delays of carriers, contractors or suppliers, or the non-delivery, incorrect or late delivery by Kärcher's own suppliers, or any other causes or force majeure of any kind beyond the control of Kärcher.

       5.3. Under no circumstances shall Kärcher be liable for any special, consequential, incidental, or indirect damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.

       5.4. Kärcher shall be entitled to make partial deliveries of the Goods. Each partial delivery may be invoiced separately and shall be paid for when due. Any delay in delivering or defect in a partial delivery shall not entitle the Buyer to cancel any other partial delivery.

    6. PAYMENTS

    Payment is due in full as per the agreed Terms. Any disputes regarding an invoice submitted must be communicated in writing within 7 days of the invoice date. Thereafter, the invoice will be deemed correct and payable. Payments shall be made from the Buyer’s official bank account to Kärcher’s bank account listed on the invoice, referencing the invoice number. Kärcher reserves the right to charge a late payment penalty on overdue amounts in accordance with applicable United Arab Emirates laws as referenced in section 3.

    7. WARRANTY & LIMITATION OF LIABILITY

       7.1. Kärcher warrants that the Goods sold in Country of Purchase shall conform to applicable specifications and shall be free from material defects for one (1) Gregorian calendar year from the date of sale.

       7.2. The Buyer must present the original proof of purchase to claim warranty coverage.

       7.3. This warranty is non-transferable and applies only to products sold in Country of Purchase.

       7.4. Any faults shall be corrected either by repair or by replacement of the machine or parts, whichever Kärcher judges to be appropriate. Any machines or components that are replaced shall become the property of Kärcher. A warranty repair or replacement does not extend or restart the original warranty period. The warranty is rendered null and void if the serial number sticker is removed. Warranty claims require the machine to be sent complete with all its accessories to ensure proper testing and troubleshooting as deemed required by the Service team.

       7.5. Exclusions Furthermore, any warranty will be invalidated if the terms of the warranty are not complied with including but not limited to modification, alteration or misuse of the goods. The warranty excludes:

          a) Misuse, neglect, accident, abuse, improper handling or damage from non-compliance with the user or operator’s manual;

          b) Wear and tear on components, accessories and attachments including but not limited to, hoses, seals, nozzles, brushes, batteries, and filters, as well as pump sets, oil seals, and all valves (non-return, low-pressure, high-pressure);

          c) Use of devices or accessories not distributed or approved by Kärcher;

          d) Repairs or modifications made by any unauthorized service organization;

          e) Defect caused by the use of incorrect supply voltage;

          f) Improper installation by an unauthorized third party;

         g) Insufficient maintenance;

         h) Use of cleaning agents not approved by Kärcher;

          i) External influences (e.g., vandalism, natural catastrophes, fire, weather).

       7.6. Limitation of Liability Kärcher’s aggregate liability for any claim shall not exceed the net sales price of the defective Goods. Kärcher shall not, under any circumstances, be liable for personal injury, property damage, loss of profits, or any consequential or indirect loss.

       7.7. Technical Specifications & Descriptions

          a) All information provided by Kärcher regarding the subject of the delivery or service (e.g., weights, measurements, practical values, tolerances, and technical data), as well as depictions of the same (e.g., drawings, diagrams, and catalog illustrations), are only approximations unless the usability for a contractually stipulated purpose requires exact conformity;

          b) Such information shall not be construed as a guarantee or warranty of quality but rather as a description or identification of the delivery or service. Commercial deviations and deviations that occur due to legal regulations or constitute technical improvements are permissible unless they impair the usability for the contractually stipulated purpose;

       7.8. Disclaimer Except as expressly set out in this Agreement, all warranties, conditions and other terms of any kind, whether express, implied or statutory (including any implied warranties of merchantability, satisfactory quality and fitness for a particular purpose),  are excluded to the fullest extent permitted by applicable law.

    8. Placement and Cancellation of Orders:

    A binding order shall be deemed placed upon Kärcher’s receipt of a signed and stamped Purchase Order referencing this quotation. Acceptance of a Purchase Order by Kärcher shall not imply acceptance of any terms stated therein that conflict with or add to these Terms and Conditions. Any cancellation request must be submitted in writing and will be subject to Kärcher’s written approval. Approved cancellations shall be subject to a fee covering actual costs incurred, including but not limited to material, administrative, logistics, and restocking costs.

    9. INSTALLATION BY KÄRCHER

       9.1. In the event that Kärcher is engaged to install or assemble the Goods, the Buyer shall, at its own cost and responsibility, ensure all pre-installation requirements are met prior to Kärcher's technicians arriving on-site. This includes, but is not limited to: (a) providing unobstructed, safe, and secure access to the assembly site; (b) completing all necessary masonry, foundation, and cutting work in accordance with Kärcher's installation drawings ; and (c) providing all necessary utilities free of charge, including electricity, water, gas, and compressed air, at the specified connection points.

       9.2. Any delays, additional costs, or repeat visits caused by the Buyer's failure to prepare the site shall be chargeable to the Buyer.

    10. INDEMNIFICATION & COMPLIANCE

       10.1. Permits and Approvals The Buyer shall, at its own cost and responsibility, apply for and obtain all permits, approvals, and inspections required for the installation and/or use of the Goods.

       10.2. Compliance Disclaimer Kärcher makes no representation or warranty that the Goods or related services will conform to any federal or local laws, ordinances, regulations, codes, or standards, except where expressly specified and agreed in writing by Kärcher authorised representative.

       10.3. Misuse and Improper Installation Kärcher shall not be liable for any loss, damage, or injury suffered by the Buyer or any other person arising from improper installation, handling, or misapplication of the Goods.

       10.4. Indemnity The Buyer shall defend, indemnify, and hold harmless Kärcher, its affiliates, agents, and employees from and against any loss, damage, claim, suit, liability, judgment, or expense (including legal fees) arising out of or in connection with:

          a) any injury, illness, disease, or death of persons (including the Buyer’s employees or agents);

          b) any damage to or loss of property or the environment; or

          c) any breach or violation of applicable laws or regulations, resulting from or connected with the sale, transportation, installation, use, or repair of the Goods by the Buyer, or the use of any information, designs, services, or other work supplied to the Buyer.

       10.5. Concurrent Negligence This indemnity shall apply whether or not such loss or damage is caused in whole or in part by the concurrent or contributory negligence of the Buyer, Kärcher, or any of their respective agents, employees, or suppliers.

       10.6. Survival The obligations, indemnities, and covenants contained in this Clause shall survive the completion, delivery, or termination of this Agreement.

       10.7. Intellectual Property Indemnity

          a) If Kärcher is required to carry out services or manufacture Goods according to drawings, models, samples, specifications, or using parts provided by the Buyer, the Buyer warrants that no intellectual property rights of third parties shall be violated thereby.

          b) The Buyer shall indemnify and hold harmless Kärcher from any and all third-party claims arising from a violation of such intellectual property rights and shall reimburse Kärcher for all resulting damages, costs, and expenses (including legal fees).

          c) If Kärcher is prohibited by a third party from manufacturing or delivering such Goods under reference to an intellectual property right, Kärcher shall be entitled to discontinue all related work without any obligation to review the legal situation.

    11. TRADE COMPLIANCE & EXPORT CONTROL

       11.1. The Buyer warrants that it will not, directly or indirectly, sell, export, re-export, transfer, or otherwise supply any Goods obtained from Kärcher to any person, entity, or body in, or for use in, any country or territory subject to comprehensive economic sanctions or embargoes by the United Arab Emirates, the European Union, the United States of America, or the United Nations.

       11.2. The Buyer shall implement and maintain adequate monitoring and due diligence mechanisms to ensure compliance with this clause by any third parties further down the commercial chain, including any resellers.

       11.3. The Buyer shall indemnify and hold harmless Kärcher from any loss, damage, or legal penalty resulting from the Buyer's breach of this clause.

       11.4. Kärcher may terminate this agreement with immediate effect if it determines, in its reasonable discretion, that the Buyer has breached this clause. Kärcher may also refuse delivery if it has justified doubts as to the Buyer's compliance.

    12. INSPECTION & ACCEPTANCE

    Upon receipt of goods, the Buyer is responsible for inspection. Any claims for shipping damage, shortage or discrepancies must be reported in writing to Kärcher within seven (7) calendar days of receipt. After this period, the Buyer shall be deemed to have irrevocably accepted the goods free of damage shortage or errors unless otherwise noted on the delivery note and accepted by Kärcher.

    13. TAXES

    The amount of any sales, customs duty or other taxes, if any, applicable to the goods shall be added to the purchase price and shall be paid by the Buyer unless the Buyer provides Kärcher with an exemption certificate acceptable to the taxing authorities. Any taxes which Kärcher may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the goods, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Kärcher upon demand.

    14. SEVERABILITY

    These terms and conditions of sale shall not be construed against the party preparing them but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance hereof.

    15. SET-OFF

    The Buyer shall not be entitled to set-off any amounts due to Kärcher from the Buyer against any amount due to the Buyer from Kärcher in connection with this transaction.

    16. NON-WAIVER

    Kärcher’s failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Kärcher’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Kärcher’s authorised representative.

    17. RETENTION OF TITLE

    Title to the goods detailed in the Order Confirmation and subsequent invoice does not pass to the Buyer until all claims Kärcher has against the Buyer are settled in full in cleared funds. Until title passes to the Buyer, the Buyer shall Keep the Goods properly stored, protected, insured, and identified as Kärcher's property. Kärcher shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Kärcher.

    18. RISK

    In accordance with the Incoterms specified in the Quotation, the risk of loss or damage to the goods shall pass from Kärcher to the Buyer at the point of delivery defined by the applicable Incoterm.

    19. TERMINATION & CANCELLATION

       19.1. Cancellation by Buyer Orders, once confirmed by Kärcher in writing, are final and binding and not subject to cancellation. Any request by the Buyer to cancel a confirmed order must be submitted in writing and is subject to Kärcher’s sole discretion. If Kärcher approves a cancellation, it will be subject to a cancellation fee determined by Kärcher to cover all costs incurred, including but not limited to procurement, manufacturing, administrative, and restocking fees.

       19.2. Termination by Kärcher Kärcher may, by written notice to the Buyer, terminate this agreement in whole or in part, effective immediately, if the Buyer:

          a) Fails to make any payment due hereunder and does not rectify such failure within ten (10) calendar days of receiving notice of such failure; or

          b) Becomes insolvent, files for bankruptcy, makes an assignment for the benefit of creditors, or if a receiver is appointed for the Buyer; or

          c) Commits a material breach and fails to remedy it within fourteen (14) calendar days of written notice. 

       19.3. Consequences of Termination Upon termination, all outstanding payments shall become immediately due and payable, and Kärcher shall be relieved of all further obligations to deliver Goods. Kärcher shall be entitled to recover all losses, costs, and damages resulting from such termination.