A. General Provisions
1. Validity of the General Terms and Conditions
a) These General Terms and Conditions 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 also applies if we provide the service to the contractual partner without reservation despite conflicting terms and conditions.
c) These terms and conditions 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 Sales Convention.
2. Conclusion of contract
a) Our offers, whether oral 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 his order or his contract offer, our contractual partner submits a binding offer based on 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 of 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) Supplements or amendments to the contract must be in text form to be effective. Verbal agreements are not binding.
3. delivery
a) Delivery periods are only binding if they are designated as binding in text form.
b) If we do not comply with bindingly agreed delivery times and if we are responsible for this, we shall be liable for compensation for damage proven by the customer. We are not responsible for force majeure. This also applies to consumers.
c) If goods are shipped at the request of a customer, the risk passes to him as soon as we have handed over the goods to the person commissioned with carrying out the shipment. The customer bears the shipping risk.
4. Prices
a) Our prices are “ex works”, ie any packaging, insurance, freight or other shipping costs are not included.
b) Our prices are net prices, ie the statutory VAT is not included.
c) A cash discount is only possible with a corresponding agreement in text form. This also applies to consumers.
d) For transactions with consumers, the prices on the day the contract was concluded 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 the increase in our purchase prices or wage cost increases. 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 up to the day of delivery in the event of significant changes in costs, especially if it involves increases in material and wage 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 defaults on payment 14 days after receipt of the invoice without the need for a reminder. For consumers, the period is 30 days.
b) We are not obliged to accept checks or bills of exchange; if we accept them, this is only on account of performance.
c) We can charge reminder costs of EUR 5,00 per reminder.
d) The customer is only entitled to a right of retention if it is based on the same contractual relationship.
6. Retention of Title
We reserve title to the goods delivered by us, also towards consumers, until full payment has been made.
In transactions with entrepreneurs, this retention of title also applies until all future and conditional claims from the business relationship with us have been met.
Our customer is entitled to resell the reserved goods in the ordinary course of business, but not to assign them as security or to pledge them. Our customer hereby assigns to us the claims arising from the sale of the reserved goods against his business partner, including the processing share in the case of further processing.
We will not disclose the assignment unless our customer is more than 2 weeks in arrears with a due claim or he has revoked a direct debit authorization granted to us. In these cases, the customer undertakes to notify his business partners of the assignment granted to us and to submit his complete list of debtors to us immediately. In this case, we have the right to inspect their books to determine the names and addresses of our customers' business partners.
If the value of all securities existing for us exceeds our claims from our invoices by more than 10%, we will release securities of our choice at the request of our customer.
If our customer does not meet the agreed terms of payment despite a reminder, we are entitled to take possession of the goods delivered by us, assembled or unassembled, at any time. Our customer expressly grants us the right to take over our reserved goods at any location; we are also entitled to dismantle them. The respective owner of the goods is irrevocably authorized by the customer to return the goods to us.
Our customer is only entitled to possession of the goods sold under 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 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 framework of the following conditions:
a) for a period of 2 years for new goods (car tires and truck tires)
for a period of one year for retreaded passenger car tires and retreaded truck tires
for a period of one year for used goods
The liability periods for material defects are calculated from the handover or delivery (receipt by the customer) of the goods to our customer.
b) A tire for which liability for material defects is claimed must be sent to us together with a written declaration to enable us to examine the customer's complaint.
If the claim for liability for defects is rejected, we will return the faulty tire to the customer at our expense if he requests this within 14 days of receiving the rejection.
c) Defects must be reported immediately after they have been identified. If a complaint is made more than six months after delivery of the goods, the customer bears the full burden of proof for the existence of a defect.
II. If our contractual partner is not a consumer, the following applies:
a) Obvious defects must be reported in text form within 377 days of receipt of the goods, in compliance with the obligation to examine and give notice of defects in accordance with § 3 HGB, non-obvious defects within 3 days after the defect was discovered. If these deadlines for complaints are not met, the goods delivered by us shall be deemed to have been approved. Claims for material defects are excluded in this case.
b) All warranty claims expire after 12 months from receipt of the goods.
c) If there is a defect, we are entitled, at our discretion, to subsequent performance in the form of remedying the defect or in the form of a replacement delivery of a new, defect-free item. If two attempts to remedy the defect or replacement delivery fail, our customer has the right to choose between a reduction in payment (reduction) or cancellation of the contract (withdrawal).
If the goods are worn out due to use by the customer, we are entitled to demand a reduction or replacement to the appropriate extent. reduce the repayment amount.
III. Claims for liability for material defects against us are excluded if defects, impairments or damage are caused by the fact that
a) the goods delivered by us have been repaired or processed in any other way by others,
b) the factory number, the factory mark or other signs permanently attached to the goods are no longer available or have been changed, in particular have been made unrecognizable,
c) the prescribed tire pressure was demonstrably not complied with,
d) tires were exposed to a load contrary to the regulations, in particular by exceeding the permissible load for the tire size and type of tire and the assigned driving speed,
e) Tires were damaged after fitting due to incorrect wheel position or their performance was impaired by other faults in the wheel arch (e.g. dynamic imbalance),
f) tires were mounted on a rim that is not assigned to them, is rusty or otherwise defective,
g) tires have become damaged through external influences or mechanical damage or have been exposed to heat,
h) when changing a wheel, the wheel nuts or bolts have not been tightened after driving 50 km, provided that we have informed our customer of this necessity upon delivery,
i) tires were stored outdoors by the customer or third parties commissioned by him prior to assembly,
j) natural wear and tear or damage to the goods that can be attributed to improper handling or an accident,
k) Tires with tube-type designs with used inner tubes/flap strips, with tubeless
Versions without valve replacement (car tires) or without a new sealing ring (truck/shoulder tires) were installed by the customer or a third party.
IV. Disputes about claims for liability for defects and the handling of complaints should be settled by the independent arbitration board of the Federal Association of Tire Trade and Vulcaniseur Trades eV, Bonn, if our customer or if we, in agreement with the customer, call them in writing immediately after becoming aware of the dispute. Legal recourse is not excluded by appealing to the arbitration board. The statute of limitations for any claims is suspended for the duration of the arbitration proceedings. The Arbitration Board will not act if legal action has already been taken; it will cease to act if this occurs during the arbitration proceedings. The procedure of the arbitration board is based on its rules of procedure, which the arbitration board will provide to the parties upon request. The arbitration is free of charge for both parties.
8. Liability
a) We are only liable for damages to consumers if we or our vicarious agents acted with intent or gross negligence. Furthermore, we are liable if properties have been assured or guarantees have been given or if the damage has arisen through our delay or through the impossibility of performance for which we are responsible.
We also adhere fundamentally essential contractual obligations in injury.
In the aforementioned cases, liability is limited to the typical damage that was foreseeable at the time the contract was concluded. This does not apply to transactions with consumers.
For the rest, claims for damages against us are excluded.
b) These limitations of liability do not apply to culpable injury to life, limb or health. The same applies to mandatory liability under the Product Liability Act.
9. Jurisdiction and place of fulfillment
The place of jurisdiction and performance is our company headquarters in Wendlingen, unless otherwise agreed in text form.
10. Severance 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. Rather, instead of the ineffective clause, such a regulation 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 case of a loophole.
11. Alternative dispute resolution according 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 settlement procedure before a consumer arbitration board within the meaning of the VSBG and are not obliged to do so.
B. Special Provisions for Disposal Services
For disposal services, the following conditions apply in addition to and in addition to the clauses listed under A.
1. Proof of weight
Weighing slips are only valid if the weight has been determined by calibrated scales. If a calibration cannot be proven, we are entitled to apply a weighing tolerance of +/– 10%.
2. Evidence of Quantity
Piece numbers are determined by our staff and objections must be raised immediately after counting, otherwise these are binding for both parties.
3. Services not agreed upon
If services that have not been contractually agreed become necessary, in particular loading activities by our employees, we are entitled to refuse these services. If the services are performed by our employees, we are entitled to charge an hourly rate of EUR 50,00 plus sales tax.
4. delivery volumes
Unless expressly reserved, delivery quantities are binding for both parties. In the event of increases or decreases in delivery, we are entitled to charge our expenses appropriately. This also applies to collection by KURZ Karkassenhandel GmbH or its subcontractors.
