General terms and conditions
1. validity of terms and conditions
We work only on the basis of our terms and conditions. Deviating terms and conditions of our suppliers and customers are not binding for us, even if we do not expressly disagree. It is only the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
Delivery times are to be agreed in writing. Keep writing and we agreed binding delivery deadlines not occur and we have to be responsible, we are liable for damages for the customer proven damages, this does not apply if the damage is due to force majeure. If goods are shipped to the customer's request, the risk will be transferred to him as soon as we have the goods to pass the execution of the dispatch officer.
In transactions with consumers, the prices of the day of conclusion valid. If between contracting and delivery date is more than 4 months, we are entitled to pass on price increases, especially those resulting from the increase in our purchase price or wage increases.
In transactions with a company we are at significant cost changes right up to the day of delivery, to negotiate a price increase, especially when it comes to material and labor cost increases. The right to increase prices does not exist if delays are shown only our responsibility
Our accounts receivable are due immediately upon receipt of the invoice to the customer without deduction and in cash. We are not obligated to accept checks or bills of exchange, if we take them , happens that for processing. We are entitled to claim interest for late payment in the amount of 5% on the applicable base rate. The assertion of a higher default damage is not excluded. Our customers expressly entitled to prove that no damage was incurred or much lower, as made by us law. We can require dunning costs each payment reminder of 5.00 euros. Offsetting is excluded unless that off claim is undisputed or legally binding. A right of retention to the customer only if it is based the same contract.
5. retention of title
We reserve the right property at the goods supplied by us until complete payment. In transactions with companies this property title also applies to all claims, including future and conditional claims are satisfied from the business relationship with us. Redemption of goods delivered under retention of title shall not constitute rescission from the contract if they are contracts with companies acting in transactions with consumers, the redemption is considered as withdrawal from contract. Of business with companies following regulations apply: Our client is to resell the goods in the ordinary course of business the right, but not the collateral assignment or pledging. From the sale of the reserved goods to his business partner receivables enters our customer already now with us, in the further processing of the case, including finishing share. We will not put disclose the assignment unless, our client is revoke with any payment due debit. In these cases the customer is obliged, its business partners, the given cession on his own show and without delay submit his full list at least 2 weeks in arrears and he gave us one. For determining the names and addresses of business partners of our clients, we have in this case the right for access to his business books. If the value of all existing for us securities exceeds our claims sustainably from our bills by more than 10%, we will release on demand of our customers security of our choice. Meets our customer the agreed payment despite reminders, we are entitled to the goods delivered, assembled or unassembled, take any time to regain possession. Our client are explicitly recognizes the right to take our reserved goods in any place. We are also entitled to disassembly. The given holder of the goods by the customer irrevocably authorized to release the goods to us. Our client is only as long as the right to possession of goods sold under retention of title until we make use of our reserved property. Upon redemption of reserved goods, we create a credit equal of the daily value.
6. Ensuring - liability for material defects
In the context of the following Terms of warranty we are liable for material defects:
- for the duration of two years for new goods (passenger car tires and truck tires)
- For the duration of one year for retreaded passenger car tires and truck tires
- For the duration of one year for used goods.
The warranty periods are calculated in each case from the delivery date to our customers. A tire for Ensuring is demanded to be handed over to us along with the completed claim form and sent to us to allow the verification of the customer's complaint. In case of rejection of warranty claims, we will send back the rejected tires at our cost to the customer if he requires within 14 days after receipt of the rejection. Defects should be reported in the short term, if possible. Transactions with consumers, the complaint period for patent defect 5 months, for not obvious defects 2 years from delivery. In transactions with companies must manifest shortcomings have to be reported 5 days after delivery (receipt of the goods) will be notified in writing, no obvious defects within 6 months after delivery.
For failure to comply this complaint period all warranty claims are excluded towards us. The warranty claims is restricted transactions with consumers in the customer's choice for subsequent performance or replacement. For contracts with companies we have the right to choose between subsequent performance or replacement. If two attempts to subsequent performance or replacement fails, the customer has the right to explain to demand a reduction of the purchase price (reduction) or cancellation of the contract (rescission). We are authorized to issue replacement deliveries at a lower corresponding to the degree of wear of tire reclaimed credit or to make lower payments. Our customers can choose between credit or payment.
a) repairs a goods by others or has been processed in any way.
b) the serial number, the factory mark on the goods or otherwise permanently attached sign is missing or changed, have been made invisible.
c) has been in the tire pressure always demonstrably not met.
d) tires were subjected to irregular stress, in particular by exceeding the allowable for the tire size and tire burden and the associated maximum speed. e) tire according mounting were damaged by incorrect wheel or other disturbances in the wheel arch (eg dynamic imbalance) were impaired in their performance.
f) tires are mounted on a non-assigned them, not containing teach, rusty or otherwise defective rim.
g) Tires have been exposed by external influences or mechanical injury or become defective heated.
h) were not at changing a wheel lug nuts or bolts tightened after 50 km route, as long as we have pointed our customers upon delivery to this need
i) tires before installation by the customer or such third party were stored outdoors
j) of natural wear and tear or damage to the goods available, which are due to improper handling or accident.
k) with tube-type tires were mounted version with used inner tubes / chafers with tubeless versions without valve replacement (passenger tires) or without a new gasket (truck tire shoulder) by the customer or a third party.
In case of justified complaints, we bear all expenses incurred in the warranty claims resulting expenses. Disputes about warranty claims and claims settlements are to be settled by an independent arbitration board of the Association of tire shops and Vulcanization-craft eV. Bonn, if our customers, or if we notify in agreement with the customer without delay, to the knowledge of the dispute. Through the dispute to arbitration, the courts will not be excluded. At the time of the arbitration, the statute of limitations for any claim is inhibited. The arbitration board will not take action if the decision is already taken. The arbitration body stop working when this happens during the arbitration proceedings. The process of arbitration is governed by the Rules of Procedure, the parties will be issued at the request of the arbitration board. Arbitration is free for both parties.
We are liable for damages, if we or our agents intent or gross negligence on hits. Furthermore, we are liable if assured characteristics or guarantees have been given or if the damage is due to our default or by us to substitute Impossible Will the performance. We are also liable for breach fundamental contractual obligations. The liability is limited in the above cases to the foreseeable typical damage at time of contract. Otherwise claims for damages are excluded against us. Disclaimer or limitation of liability do not apply to physical harm. Limitation and exclusion shall not apply either, if and to the extent they may be taken under the provisions of the Product Liability Act claim.
8. General rules
In transactions with companies performance and exclusive jurisdiction is our headquarters. Telephone or verbal agreements must be confirmed in writing immediately. If any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The regulated under 5 Retention of title applies right only to parts that are not essential components of the vehicle.