GENERAL TRADING AND SUPPLY CONDITIONS

Validity

The only our terms and conditions which apply are those with which our customer has expressed his agreement, namely for future transactions, even if these are not explicitly referred to, where these however went to the buyer in an order confirmed by us.

If the contract is granted in a form which differs from our terms and conditions, then in addition, only our terms and conditions apply, even if we do not make any objection. Derogations to this only apply if they have been expressly acknowledged by us in writing.

1. Order

1a) We do not see individual understandings that we do not explicitly acknowledge in writing, as binding, even if we do not expressly object to them.
1b) Our quotations are not binding and remain subject to change. However, once the order is confirmed in writing, the contract is deemed as concluded and legally binding for both parties. Agreements and subsidiary agreements transmitted through telephone conversations, oral communication, communication by fax or e-mail also requires our written confirmation to be effective.

2. Supply

2a) The agent agrees to adhere to the agreed delivery dates and delivery deadlines.
2b) A fixed delivery date is only agreed if it is in writing. The delivery date is considered to be met if the goods arrive before the deadline.
2c) If agreed delivery dates cannot be met due to force majeure, organisational disruption, shortages of energy or raw material, strikes, lockouts, natural disasters or the effects of terrorism, we are entitled, to the exclusion of all kinds of damage claims, to extend delivery times (including a reasonable lead time) for the duration of the failure or to withdraw from the contract partially and/or completely.
2d) We are only in default if the principal sends a reminder in writing for the delivery or performance. This also applies if the delivery or performance dates is determined by calendar dates. The principal is entitled to rescind if, after the start of a period of default, he sets us a grace period of at least 2 weeks, and within this grace period, the defaulted delivery or performance no longer takes place.
2e) If the principal is a legal entity of public law, public special assets or a businessman, in which the subject of the order belongs to the operation of his trade or production-related industry, damage claims and claims for default in paragraph 6 are excluded without prejudice.

3. Transfer instruction

We are entitled to transfer the claims from our business relations and the subject property to third parties.

4. Prices and payment conditions

4a) Our net prices (prices excluding VAT) are understood as being those from our headquarters and/or works, excluding packing. The principal bears the costs of transport such as freight, loading or transport insurance. These costs are not included in our net price. Additional costs of possible transport as determined by the principal are incurred at the principal’s own expense.
4b) The prices applicable on the day of delivery are decisive. An increase in the payment amount for goods or services does not take place for those goods or services which are delivered or performed within 4 months after the contract. As a rule, our invoices are due for payment 30 days after the date of issue, unless no other payment terms are agreed in writing.
4c) We reserve the right to accept of exchange bills, subject to the conditions of the discount. Discount charges are borne by the principal.
4d) If the buyer is in default with payments, all existing debts become immediately payable. Similarly, we are entitled to charge and demand a default interest rate of 8% for commercial transactions and an interest rate amounting to 5% above the base interest rate, reminder fees that arise as well as other costs for transactions relating to this. We make a charge for each reminder as follows: € 5.00 - 1st reminder, € 10.00 - 2nd reminder, € 15.00 3rd reminder. The reserve the right to make charges for further default.
4e) Payment instructions, transfers, checks and bills of exchange are only accepted by special agreement and as payment (not in lieu of payment) subject to calculation of all recovery and discount charges. Transfer and prolongation are not considered as fulfilment.
4f) Discounts such as volume discounts, discounts (discounts for cash payments) or other benefits are only granted on the basis of specific written agreements. Discounts of any kind also do not apply, incl. retroactively, if at the time of payment other receivables due to us have not been settled or if the principal has become involved in settlement or bankruptcy proceedings. No discount applies to services.
4g) The principal can only offset against our claims if his counterclaim is undisputed by us or legally adopted by us.
4h) If circumstances are known about, which bring the solvency of the client into doubt, we are entitled to supply upon payment in advance or the handing over of a security (bond).

5. Right of retention

5a) In the case of contracts for tire repairs, cold retread and retread, and tyre fillings, when awarding the contract, the principal transfers the ownership of its tyres with wheels to the agent to ensure the agent’s claims as per the work contract. The acquisition of property by the agent takes place with the transfer of tyres or mounted wheels.
5b) The delivered goods remain our property until the fulfilment of all of obligations of the principal resulting from the business relationship. If the principal falls into default with regard to payment, we are entitled to the goods being returned, or, if this fails, after a period of 8 days to pick up the goods ourselves and/or, if already mounted, to dismantle them again from the vehicle.
5c) If the principal is not in default against us with regard to the performance of his obligations, he is authorized to resell the reserved goods in the ordinary course of business. The principal surrenders his receivables from the sale of reserved goods to a third party to us. If the principal is not in default he may, revoke the receivables assigned to us on our behalf at any time without prejudice to our own recovery powers. The purchaser is obliged to provide us with all information concerning the whereabouts of goods and to make available the necessary documentation. This rule applies accordingly, if the principal applies the reserved goods within the scope of a contract for work or a contract for work and materials for his wage claims.
5d) The further processing of our product (finishing part) is carried out for us. Even in this case, until the full payment of our demands is made, we retain express ownership of the goods supplied by us. In processing, connecting and mixing the reserved goods with other goods by the principal, we enjoy co-ownership of the new item in the proportion of the invoice value of goods against the invoice value of the other goods. If our property ceased through the combination or mix, the principal transfers his ownership of the new stock or item to the extent of the invoice value of the goods and holds them free of charge for us. The ownership rights incurred hereafter shall be deemed as reserved goods within the scope of section 4b).
5e) The principal relinquishes possible claims against its comprehensive insurance policy, and/or existing claims against third party liability insurance against the injuring party and/or against the third party damaging party in the amount request by us for the case that comprehensive or third-party liability claims are made against the vehicle to which our reserved goods are attached.
5f) If the value of the collateral owed to us exceeds our rightful claims by more than 20%, we are obliged to release securities of our discretion upon demand by the principal.

6. Material defects

Within the scope of the following conditions we are liable for defects:

for a period of 2 years in the case of new products
for a period of one year in the case of retread tyres

The terms of liability relating to material defects is calculated in each case following the date of delivery (reception by the customer) of goods by our clients. The limit of one year does apply to claims for damages under Section 437 Paragraph 3 German Civil Code, in as far as we are liable under paragraph 6. In this case, the statutory terms apply.
Deficiencies should be notified, if possible, in the short term.
For transactions with companies, obvious deficiencies must be made in writing within 8 days following the date of delivery (reception by the customer) and non-obvious deficiencies within 8 days after identification of the defect. Where these deadlines are not complied with, the goods supplied by us are deemed approved. In this case, material damage liability claims are excluded, unless they are claims for damages under Section 437 Paragraph 3 German Civil Code, in as far as intent is established or we are grossly negligence.

The material damage liability claim is limited in transactions with consumers which are subject to the choice of the clients to removal of the deficiency or replacement. For transactions with companies, we have the right to choose between deficiency removal or replacement. If two attempts to eliminate the deficiency of supply a spare fail, our client has the right to demand that either the fee be lessened (reduction) or that he walks away from the contract (cancellation). In the case of spare supplies, we are entitled to issue a lower value credit or grant lesser payment in accordance with the degree of wear of the tyre forming the basis of the complaint. Our customer has a choice of a credit note or payment. Material damage liability claims against us are excluded if deficiencies, adverse affects or damage are caused due to the fact that
a) the goods supplied by us have been repaired or processed in some way by other parties
b) the factory number, the manufacturing marks or other permanently affixed markings on the product no longer exist, have been changed or especially defaced so as not to be legible
c) the air pressure required for the tyre has not been demonstrably adhered to
d) tyres have been exposed to illegal operational demands, particularly as a consequence of exceeding the permissible load for the tyre size, the tyre type and the corresponding travel speed
e) tyres have been damaged following assembly by inaccurate positioning of the wheel or by other faults related to the course of the wheel (e.g. dynamic imbalance) in relation to their performance
f) tyres have been mounted on a rim which is not appropriate, not true to gauge, rusty or otherwise defective
g) tyres have become defective due to external influences or mechanical strains or exposed heating
h) in the case of a wheel exchange, the position and tightness of the wheel nuts or screws has not been examined after approx. 5 hours of operation
i) tyres were improperly stored before assembly by the customer or the third party appointed by him (in accordance with DIN 7716)
j) the improper treatment or accident can be traced back to where there is natural wear and tear or damage to the goods
k) tube-type design tyres with used innertubes/clincher bands, tubeless designs without valve replacement or without a new seal ring which have been fitted by the customer or third party
l) or if the goods delivered were second-hand tyres, or if goods delivered by customers for processing concealed hidden defects.

Expenses result from legitimate letters of complaint relating to material defects in connection with settling the warranty. Disputes over material damage liability claims and complaint handling should be resolved in writing through the independent arbitration of the Federal Federation for the Tyre Trade and Vulcanization Trade (registered society) (Bundesverband Reifenhandel und Vulkaniseurhandwerk e. V.), Bonn , if our customer is or if we are (in agreement with the customer) immediately aware of the dispute. Recourse to courts of law is not excluded through appealing to the court of arbitration. In the length of time of the arbitration, the limitation to any claims is suspended. The arbitration board is not active, if recourse is made to the courts. The arbitration board halts its activity, if this happens during the arbitration. The process of arbitration is carried out in accordance with the rules of procedure which are issued to the parties at the request of the arbitrator. Arbitration is free for both parties.

Tire fillings:
Warranty claims are excluded if
a) the production mark fitted in the rim no longer exists or has been changed
b) defective rims and/or tyres have been supplied by the contract partner for filling, this also applies in particular for non-identifiable deficiencies
c) tyres filled by us have been processed by third parties
d) the wheel of an excessive and/or non-regulation strain was exposed.
The buyer must notify identified defects immediately.
Where there is a hidden defect, the buyer must immediately notify the defect after its discovery.

7. Liability

We are liable for damages, if we or our servants are guilty of intent or gross negligence. In addition, we are liable if characteristics have been assured, guarantees have been given or if the damage has been caused by our default or through representative impossibility to provide of the service by us. We also liable in the case of breach of fundamental contractual obligations. The liability is limited in the above cases to typical damage foreseeable in the conclusion of the contract. This does not apply to transactions with consumers. For the rest, claims for damages against us are excluded. Liability limitation or exclusion of liability does not apply to physical damage. Limitation of liability and exclusion also does not apply if and as far as we are liable in accordance with the provisions of the Product Liability Act.

All claims made by the buyer relating to substitute direct or indirect damage, including incidental and consequential damage against the seller and his servants are excluded, unless the damage is based on intent or gross negligence of a legal representative or servant acting on behalf of the seller.
If the principal is a legal entity of public law, public special assets or a businessman, in which the subject of the order belongs to the operation of his trade or production-related industry, damage claims and claims for default in paragraph 6 are excluded without prejudice.
In addition, the warranty and liability provisions of the tyre industry apply for new tyres supplied by us.

8. Data protection

We are entitled to process all the data relating the principal as understood by the Federal Data Protection Act (BDSG) which we have received within the scope of or in connection with the business relationship with the principal himself/itself or from third parties.

9. Place of fulfilment

The place of performance and place of jurisdiction for both parts is the place of the company headquarters i.e. Dortmund and Mainz, unless the client is a legal entity of public law, public special assets or a businessman, in which the subject of the order belongs to the operation of his trade or production-related industry.

10. Severability clause

If the general terms and conditions are not part of the contract in whole or in part or become ineffective, the remainder of the contract and the other general terms and conditions nevertheless remain effective. In addition, the parties undertake, to agree to a scheme through which the spirit and purpose is largely achieved with the ineffective or correct provision.