Parties
KhadroX / Khadro Baumaschinen e.K. DE249215270 — Georgstraße 12, 44793 Bochum, Germany, info@khadrox.com, represented by Adam-Darius Khadro.
Seller (principal) — the company signing the Sales Agreement and listing machines on KhadroX.
1. Subject matter
The seller authorises Khadro Baumaschinen e.K. DE249215270 to act as Kommissionär under section 383 HGB: to list, auction and sell the seller's machines on www.khadrox.com. KhadroX does not become owner before the transaction concludes; title stays with the seller until full buyer payment is confirmed, then transfers as set out in the Terms.
The agreement covers all machines the seller lists on KhadroX for the duration of the relationship, not only one unit (see annex list in the signed contract).
2. KhadroX obligations
- List machines after each manual listing approval.
- Run the auction process, receive bids, notify the winner.
- Collect purchase price from the buyer on the seller's behalf.
- Pay the seller Final price − 3% within 5 business days of confirmed receipt of full funds.
- Share winner identity and contact details after the bid is confirmed.
- Notify the seller of auction outcome within 72 hours of close.
- Exercise diligence and professionalism throughout.
3. Seller obligations
The seller must:
- Provide complete, accurate, updated technical descriptions, condition, hours, photos and documents.
- Warrant full title or disposition; no undisclosed encumbrances.
- Warrant genuine hour meters/odometers; no stolen or counterfeit machines.
- Warrant no hidden tax/customs burdens transferrable to the buyer.
- Keep the machine as described until handover to the buyer.
- Release the machine only after KhadroX confirms payment; hand over at agreed time/place.
- Invoice KhadroX for the net payout within 3 business days of payment notification.
- Maintain insurance from publication until handover with KhadroX as loss payee / beneficiary as stipulated; provide proof on request.
KhadroX is intermediary only and cannot guarantee any particular sale price.
4. Listing approval
Each machine is individually approved before go-live. KhadroX may refuse without owing a detailed justification. Approval checks completeness — not a technical certification. Submitting a listing confirms truthfulness; false information is a serious breach.
5. Commission & payment flow
3% seller commission on each completed sale's final price; buyer pays final price + 3% (+ applicable VAT). Buyer pays KhadroX; seller may not demand direct payment from the buyer.
KhadroX may set off other amounts owed by the seller.
If no acceptable price is achieved or the seller rejects the winning bid where permitted, no commission is due.
6. Reserve price
The seller may set a confidential minimum; it is invisible to bidders. If the winning bid is below reserve, the seller has 3 business days to accept or reject. The bid stays binding on the buyer during that window. Unreserved auctions bind the seller to accept the highest bid.
7. Withdrawal & penalties
Withdrawal before auction start is penalty-free if KhadroX receives notice at least 7 calendar days before start. Later withdrawal or failure to make the machine available may trigger compensation for costs; sellers receive prior notice and may contest within 5 business days.
8. Handover
Pickup window: minimum 5 business days after payment confirmation (default 15 business days if unspecified). No release before KhadroX confirms full payment. Signed handover documents from both sides. If the buyer is late, storage fees (e.g. €50/day + VAT) may apply via KhadroX.
9. Liability & warranties
The seller is responsible to KhadroX and buyers for false listings, intentional hidden defects, undisclosed encumbrances and failure to deliver. KhadroX is not liable for seller technical statements or the hammer price achieved. Third-party claims trigger cooperation and indemnity as in the full agreement.
10. Confidentiality
Both parties keep commercial information confidential (including reserves and buyer data) for 3 years after termination. KhadroX may use the seller's name/contact only to operate the platform — not for unrelated marketing without written consent.
11. Term & termination
Open-ended from signature. Either party may terminate with 30 calendar days' notice; running auctions complete under the agreed terms. Immediate termination by KhadroX for fraud, failure to deliver after payment, insolvency or repeated serious breach. Outstanding amounts remain due.
12. Final provisions
German law; courts at KhadroX's seat in Bochum. Amicable resolution with 30-day negotiation before litigation. Amendments only in writing and signed. If a clause is invalid, the remainder stays in force.
Together with these Platform Terms, the signed Sales Agreement is the full understanding between the parties; in case of conflict the Sales Agreement prevails on seller–KhadroX commercial points as stated in the signed agreement.
