1. Scope
These Terms govern every use of the KhadroX platform operated by Khadro Baumaschinen e.K. DE249215270, Georgstraße 12, 44793 Bochum, Germany.
KhadroX is B2B only: legal entities and registered traders with a valid VAT ID. Consumers are excluded. By registering you confirm you act as an entrepreneur (Unternehmer) within the meaning of section 14 BGB.
Your own terms do not apply unless KhadroX has accepted them expressly in writing.
2. Business model
KhadroX lists and auctions machines under German commercial commission law: as Kommissionär under section 383 HGB it acquires the machine from the seller and resells it to the buyer. Sellers authorise KhadroX by signing a separate Sales Agreement, which is part of the overall relationship. These Terms regulate: (1) KhadroX and the seller; (2) KhadroX and the buyer.
Transaction flow: the seller signs the Sales Agreement and hands the machine to KhadroX for listing. When the auction closes, KhadroX invoices the buyer for the final price plus the buyer commission. After full payment is confirmed, KhadroX pays the seller the final price minus the seller commission within 5 business days. The seller issues its invoice to KhadroX for the net amount received.
Title: passes from seller to KhadroX and simultaneously from KhadroX to the buyer upon confirmation of full payment. Until then the machine remains with the seller, who holds it for KhadroX.
If the seller becomes insolvent after the auction but before handover, KhadroX will use reasonable efforts to secure delivery for the buyer (as described in the full agreement).
3. Registration & accounts
Use requires registration and KhadroX approval — there is no automatic right of access. Accounts are B2B only (valid VAT).
- You provide accurate company, VAT, e-mail and phone data and update changes without delay.
- Credentials are confidential; you are responsible for all activity under your account.
- Buyers in countries with a Corruption Perception Index below 60 undergo extended validation.
- KhadroX may suspend or delete an account with two weeks' notice, or immediately for serious breach, non-payment or insolvency.
3.1 Buyer account
Any company with valid VAT may request a buyer account after VAT/company checks. It allows bidding.
3.2 Standard seller account
Sellers selling through the platform without self-service listings undergo approval including: physical verification visit, commercial documents (trade register extract, VAT certificate, ID of representative), and signing the Sales Agreement. KhadroX manages publication for standard sellers.
3.3 Seller Partner
Verified standard sellers may apply for Seller Partner status (separate Seller Partner Agreement): subject to extra qualification, they may create listings via a dashboard; each listing still requires manual KhadroX approval before going public.
4. Listings
Only approved sellers under sections 3.2 or 3.3 may publish listings.
The seller warrants that:
- It may freely sell the machine; no undisclosed liens, retention of title, third-party rights.
- The machine is not stolen, counterfeit or fraudulently obtained.
- Hour meters and odometers are genuine and untampered.
- The machine is not illegally modified (including emissions systems).
- No tax, customs or similar charges encumber the machine in a way that could pass to the buyer.
Every listing (whether created by KhadroX or a Seller Partner) requires manual KhadroX approval before publication; approval is a formal check, not a technical warranty.
By submitting a listing for approval the seller confirms the information is true and complete. Sellers set description, technical state, starting price, auction length, availability and pickup window.
Self-assessment and inspection materials should follow our inspection checklist (PDF) where applicable.
5. Machine categories
Listings show one of three categories:
- Standard — fully described; condition matches the listing per the seller's declaration.
- Repair object — not fully inspected/tested; defects may be undisclosed; no claims accepted for this category.
- Spare-part object — not usable for original purpose; sold as parts only; no claims.
No warranty is given for any category.
6. Auction rules
- Each bid is binding and irrevocable.
- Minimum increments are set by KhadroX and shown on the listing.
- Auto-bid: you set a maximum; the system bids in minimum steps — the maximum is itself a firm, binding cap.
- Bidders see the current high bid but not other bidders' identities.
- Anti-sniping: a bid in the last 2 minutes extends the end by 2 minutes, without limit.
- The contract is formed when KhadroX notifies the winner; the highest bid at close is the winning bid.
- Reserve: if the winning bid is below the confidential reserve, the seller has 3 business days to accept or reject; during that time the bid remains binding on the buyer.
- KhadroX may cancel or restart an auction before winner notification for proven technical errors or other justified reasons.
- Proven autobid errors attributable solely to KhadroX must be reported within 2 hours of the bid (see full terms).
- Bid rigging is a serious breach and may be reported to competition authorities.
7. Contract & notifications
KhadroX notifies the winning bidder by e-mail within 72 hours of auction end. That notice and invoice constitute confirmation of the contract between KhadroX and the buyer.
Full seller contact details and exact pickup address are provided after the winning bid is confirmed.
8. Prices, fees & VAT
Fees: buyer pays Final Price + 3% KhadroX commission (+ applicable VAT). Seller receives Final Price − 3% (net, as per invoice chain). Displayed prices are net unless stated otherwise.
VAT: intra-EU reverse charge with valid VAT and transport proof where applicable; non-EU export initially with VAT, refund after complete export documentation within about 10 days; domestic transactions per local VAT. Correct VAT IDs and export documents are the buyer's responsibility.
Buyer payment
Invoice due for full payment within 7 calendar days. From day 8: statutory default interest (9 percentage points above the German base rate). From day 15: KhadroX may suspend the account and cancel the deal; the buyer may bear relisting cost and any negative price difference. KhadroX may set off mutual claims.
Payout to seller
After cleared funds, KhadroX pays the net amount within 5 business days and may set off other amounts owed. The seller invoices KhadroX within 3 business days of payment notification.
9. Pickup & logistics
The seller states a pickup window, at least 5 business days after payment confirmation (default 15 business days if unspecified). The buyer may not collect before KhadroX confirms full payment.
Transport, insurance and loading are the buyer's cost and risk.
Pickup documents must match; if an agent collects, risk passes as under the full rules. Failure to collect on time may trigger €50/day (plus VAT) storage and, after 30 business days, cancellation and relisting at the buyer's expense.
10. Inspection & claims
The buyer must inspect at pickup. Visible discrepancies must be documented (photo/video) before the machine moves. Claims must be filed before transport from the pickup site to claims@khadrox.com. No repairs without prior written approval from KhadroX and the seller. KhadroX mediates; neither KhadroX nor the seller is liable for indirect or lost-profit damages in that context.
11. Export & VAT refund
Non-German buyers must export the machine promptly after pickup to the buyer's registered country. VAT refund is requested via the platform VAT Refund portal or e-mail to vatrefund@khadrox.com with documents such as Bill of Lading, CMR, AWB or customs exit proof, and the Export Declaration (PDF) (KhadroX template, completed and signed by the buyer).
Complete and correct documentation is the buyer's responsibility. Approved VAT refunds are processed within about 10 business days after validation.
12. Condition; no warranty
All machines are sold as seen / as is. Information comes primarily from the seller; KhadroX may inspect at its discretion but need not. KhadroX warrants that, based on seller information and its checks, machines are not known to bear undisclosed tax charges in a way that would typically be surfaced — with details in the full agreement.
Fraud by the seller preserves the buyer's statutory rights; the seller indemnifies KhadroX for false information.
13. Prohibited conduct
- False or misleading information about machines or identity.
- Automated scraping, bots or abuse of infrastructure.
- Bid rigging.
- Sharing access credentials or registering under false names.
Willful breach may mean immediate suspension and damages.
14. No statutory withdrawal
The platform is B2B only. There is no consumer right of withdrawal; bids are firm business declarations.
15. KhadroX liability
Unlimited liability applies for injury to life, body or health, and for intent/gross negligence. For simple negligence breaching cardinal duties, liability is limited to typical, foreseeable loss. No liability for seller technical accuracy, connectivity of third parties, indirect damages, or uninterrupted platform uptime, except where mandatory law says otherwise. Product liability under the Produkthaftungsgesetz is unaffected.
16. Force majeure
KhadroX is not liable for failures due to events beyond reasonable control (e.g. cyberattacks, infrastructure failure, natural disasters) and will notify users and seek to restore operations. Affected auctions may be cancelled and bids refunded if no contract was formed. Confirmed transactions remain payable.
17. Disputes & limitation
Before court action, parties attempt mediation through KhadroX with a 2-month waiting period (except urgent interim relief). Limitation periods are suspended during mediation. Contractual claims must be brought within 12 months from when the party knew or should have known of the facts.
18. Term & termination
The relationship is open-ended and may be ended with four weeks' notice to month-end. KhadroX may terminate immediately for serious breach, payment over 15 days late, or insolvency. User data is deleted 8 weeks after termination except where law requires retention.
19. Changes to these Terms
KhadroX may amend these Terms with at least 30 days' e-mail notice. If you do not object in writing within 30 days, the new terms apply (this legal effect will be spelled out in the notice). Objection may lead to termination at the time the new terms would take effect.
20. Privacy
Processing of personal data is described in our Privacy Policy under GDPR and BDSG.
21. Governing law & venue
German law applies; UN sales law (CISG) is excluded. Courts at KhadroX's seat in Bochum, Germany have jurisdiction. If a clause is invalid, the remainder remains in force; invalid terms are replaced to match the original economic intent. User set-off is only allowed for undisputed or final claims, subject to the statutory exceptions in the full text.
Khadro Baumaschinen e.K. DE249215270 · Georgstraße 12 · 44793 Bochum · Germany · info@khadrox.com · +49 163 4715798
