GTC

A. General provisions

1 Validity of the General Terms and Conditions

a) These GTC shall only apply to consumers if this is expressly stated in the respective provision.
b) We work exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions of our contractual partners are only binding for us if we expressly agree to them in text form. This shall also apply if we provide the service to the contractual partner without reservation despite conflicting terms and conditions of the contractual partner.
c) These GTC shall apply for the entire duration of the business relationship with our contractual partners, even if they are not expressly agreed again in subsequent contracts.
d) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

2. conclusion of contract

a) Our offers, whether verbal or in text/written form, are subject to change and non-binding, unless they are expressly designated as binding or contain a specific acceptance period.
b) With its order or its contractual offer, our contractual partner submits a binding offer for it on the basis of these GTC, which we can accept within 2 weeks of receipt by means of an order confirmation in text form, or by delivery or execution of the order.
c) All our information on the subject matter of the contract is only binding if this is expressly assured in text form. Customary deviations or changes are permissible in any case.
d) Additions or amendments to the contract must be made in text form to be effective. Verbal agreements are not binding.

3rd delivery

a) Delivery deadlines are only binding if they are designated as binding in text form.
b) If we fail to meet bindingly agreed delivery deadlines and if we are responsible for this, we shall be liable for compensation for damages proven by the customer. We are not responsible for force majeure. This also applies to consumers.
c) If goods are dispatched at the request of a customer, the risk shall pass to the customer as soon as we have handed over the goods to the person authorised to carry out the dispatch. The risk of despatch shall be borne by the customer.

4. prices

a) Our prices are "ex works", i.e. any packaging, insurance, freight or other shipping costs are not included.
b) Our prices are net prices, i.e. statutory VAT is not included.
c) A cash discount deduction is only possible with a corresponding agreement in text form. This also applies to consumers.
d) In the case of transactions with consumers, the prices of the day on which the contract is concluded shall apply. If there is a period of more than 4 months between the conclusion of the contract and the delivery date, we are entitled to pass on price increases if these result from an increase in our purchase prices or increases in labour costs. If the price increase exceeds 10% of the originally agreed price, our customer is entitled to withdraw from the contract.
In the case of transactions with entrepreneurs, we are also entitled to negotiate a price increase in the event of significant cost changes up to the day of delivery, in particular in the event of increases in material and labour costs, and in the event of non-agreement we are entitled to withdraw from the contract. The right to a price increase does not exist if there is a delay in delivery for which we are responsible.

5. payment

a) Our claims are due immediately upon receipt of our invoice by the customer without deduction. Our contractual partner shall be in default of payment 14 days after receipt of the invoice without the need for a reminder. For consumers, the period shall be 30 days.
b) We are not obliged to accept cheques or bills of exchange; if we accept them, this is only on account of performance.
c) We may charge reminder costs of EUR 5.00 per reminder.
d) The customer shall only be entitled to a right of retention insofar as it is based on the same contractual relationship.

6. reservation of title

We reserve title to the goods delivered by us, including to consumers, until payment has been made in full.
In the case of transactions with entrepreneurs, this retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship with us have been fulfilled.
Our customer is authorised to resell the goods subject to retention of title in the ordinary course of business, but not to assign them as security or pledge them. Our customer hereby assigns to us any claims against his business partner arising from the sale of the goods subject to retention of title, including the processing portion in the event of further processing.
We shall not disclose the assignment unless our customer is more than 2 weeks in arrears with a due claim or has revoked an authorisation granted to us for the direct debit procedure. In such cases, the customer undertakes to notify his business partners of the assignment granted to us on his own initiative and to submit his complete list of debtors to us without delay. In this case, we have the right to inspect the customer's books in order to determine the names and addresses of the customer's business partners.
If the value of all securities existing for us exceeds our claims from our invoices by more than 10%, we shall release securities of our choice at the request of our customer.
If our customer fails to fulfil the agreed terms of payment despite a reminder, we shall be entitled to repossess the goods delivered by us, assembled or unassembled, at any time. Our customer expressly grants us the right to take possession of our reserved goods at any location; we are also authorised to dismantle them. The respective owner of the goods is irrevocably authorised by the customer to return the goods to us.
Our customer is only entitled to possession of the goods sold subject to retention of title until we make use of our retention of title and/or withdraw from the contract. If goods subject to retention of title are taken back, we shall issue a credit note in the amount of the current value.

7. liability for material defects

I. We are liable to consumers for material defects within the scope of the following conditions:

a) for a period of 2 years for new goods (car tyres and truck tyres)
for a period of one year for retreaded car tyres and retreaded truck tyres
for a period of one year for used goods
The periods of liability for material defects are calculated from the handover or delivery (receipt by the customer) of the goods to our customer.
b) A tyre for which liability for material defects is claimed must be sent to us together with a written declaration to enable us to check the customer's complaint.
If the claim for liability for material defects is rejected, we shall return the rejected tyre to the customer at our expense if the customer requests this within 14 days of receipt of the rejection.
c) Defects must be reported immediately after their discovery. In the event of a notification of defects more than six months after delivery of the goods, the customer shall bear the full burden of proof for the existence of a defect.

II. If our contractual partner is not a consumer, the following shall apply:

a) Obvious defects must be reported in text form within 3 days of receipt of the goods in compliance with the obligation to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB); non-obvious defects must be reported within 3 days of discovery of the defect. In the event of non-compliance with these complaint deadlines, the goods delivered by us shall be deemed to have been approved. In this case, claims for material defects are excluded.
b) All warranty claims for defects shall lapse after 12 months, calculated from receipt of the goods.
c) If there is a defect, we are entitled, at our discretion, to subsequent fulfilment in the form of rectification of the defect or in the form of replacement delivery of a new, defect-free item. Should two attempts to rectify the defect or supply a replacement fail, our customer shall have the right to declare either a reduction in price or cancellation of the contract (withdrawal).
If the goods are worn/worn due to use by the customer, we are entitled to reduce the reduction or refund amount accordingly.

III. Claims for material defects against us are excluded if defects, impairments or damage are due to the fact that

a) the goods delivered by us have been repaired or otherwise processed by others,

b) the factory number, the manufacturing mark or other marks permanently affixed to the goods are no longer present or have been altered, in particular made unrecognisable,

c) the prescribed tyre pressure has demonstrably not been complied with,

d) tyres have been subjected to a load that does not comply with the regulations, in particular by exceeding the permissible load for the tyre size and tyre type and the assigned driving speed,

e) tyres became damaged after fitting due to incorrect wheel positioning or their performance was impaired by other faults in the wheel arch (e.g. dynamic imbalance),

f) tyres have been mounted on a rim that is not assigned to them, rusty or otherwise defective,

g) tyres have become damaged due to external influences or mechanical damage or have been exposed to heat,

h) the wheel nuts or bolts have not been retightened after 50 kilometres of driving, provided that we have informed our customer of this necessity upon delivery,

i) tyres were stored outdoors by the customer or a third party commissioned by the customer prior to installation,

j) there is natural wear and tear or damage to the goods due to improper handling or accident,

k) Tyres for tube-type models with used inner tubes/bead bands, for tubeless models with used inner tubes/bead bands.
versions without valve replacement (car tyres) or without a new sealing ring (truck/shoulder tyres) have been fitted by the customer or a third party.

IV. disputes concerning claims for material defects and complaint handling shall be settled by the independent arbitration board of the Bundesverband Reifenhandel und Vulkaniseurhandwerk e.V., Bonn, if our customer or if we, in agreement with the customer, appeal to this board in writing immediately after becoming aware of the dispute. Recourse to the arbitration board does not exclude legal recourse. The limitation period for any claims shall be suspended for the duration of the arbitration proceedings. The Arbitration Board shall not become active if legal action has already been taken; it shall cease its activities if this occurs during the arbitration proceedings. The proceedings of the Arbitration Board shall be governed by its rules of procedure, which shall be provided to the parties by the Arbitration Board upon request. The arbitration proceedings are free of charge for both parties.

8. liability

a) We shall only be liable for damages, including to consumers, if we or our vicarious agents are guilty of intent or gross negligence. Furthermore, we shall be liable if characteristics have been assured or guarantees have been given or if the damage has been caused by our default or by the impossibility of performance for which we are responsible.
We shall also be liable in the event of a breach of fundamental contractual obligations.
Liability in the aforementioned cases is limited to the typical damage foreseeable at the time the contract was concluded. This does not apply to transactions with consumers.
Otherwise, claims for damages against us are excluded.

b) These limitations of liability shall not apply in the event of culpable injury to life, limb or health. The same applies to mandatory liability under the Product Liability Act.

9 Place of jurisdiction and place of fulfilment

The place of jurisdiction and place of fulfilment shall be our registered office in Wendlingen, unless otherwise agreed in text form.

10. severability clause

Should individual provisions of these General Terms and Conditions or of a contract that we conclude with a contractual partner be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid clause, a provision shall be deemed to have been agreed which comes as close as possible to the economic objectives of the contract and the purpose of these General Terms and Conditions. The same applies in the event of a loophole.

11. alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/odr. We will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and are not obliged to do so.

B. Special provisions for waste disposal services

For waste disposal services, the following conditions apply in addition to and in addition to the clauses listed under A.

1. proof of weight

Weighing receipts are only valid if the weight has been determined by calibrated scales. If proof of calibration cannot be provided, we are authorised to apply a weighing tolerance of +/- 10%.

2. proof of quantity

Quantities are determined by our staff and must be objected to immediately after counting, otherwise they are binding for both parties.

3. services not agreed

Should services not contractually agreed become necessary, in particular loading activities by our employees, we shall be entitled to refuse these services. Should the services be carried out by our employees, we shall be entitled to charge an hourly rate of EUR 50.00 plus VAT.

4. delivery quantities

Unless expressly reserved, delivery quantities are binding for both parties. In the event of increased or reduced deliveries, we shall be entitled to invoice our expenses appropriately. This shall also apply to collection by KURZ Karkassenhandel GmbH or its subcontractors.