1. The conclusion of the contract and the contract contents
1.1. It exclusively to these terms and conditions apply. The business and shopping terms and conditions of the customer are expressly rejected. Alternative agreements require the Express written consent of the seller.
1.2. Offers of the seller up to the conclusion of the contract, in principle, subject to change and non-binding. The customer is bound to his order for 8 weeks from receipt by the seller. A contract is concluded when the seller has confirmed acceptance in writing within that period or the delivery is running.
1.3. In the interest of further technical development the right is reserved, changes in design and Execution, even after the acceptance of the order, insofar as this is reasonable for the customer.
At the time the contract is made valid price lists. Prices are plus VAT and ex-works. the respective valid statutory value-added tax.
3. Payment / Default
3.1. Payments are to be made within 30 days net. In the case of foreign transactions, and first-time deliveries, the seller is entitled to demand advance payment, or to deliver cash on delivery.
3.2. Payment orders, cheques and bills of exchange will only be accepted after special agreement and the payment in lieu of all Collection and discount charges. Payments shall apply in the case of instructions with the credit on the account, in the case of cheques and bills with the bill as is.
3.3. In the case of payment default, interest at the rate of 5 % p. a. above the respective base interest rate of the European Central Bank, plus the statutory value-added tax. They are higher or lower, if the seller can prove a higher or the customer to a lower load.
3.4. The customer is in arrears with a payment, all further claims of the seller, immediately due and payable. Furthermore, it may be required for deliveries not rendered payment in advance.
3.5. The seller is entitled, despite any provisions of the customer payments on its older debts. If costs and interest have already been incurred, the seller is entitled to the payment against the costs, then the interest and finally against the principal claim.
3.6. Against the claims of the seller, the customer may set off only if the counter-claim of the customer is undisputed or legally binding. Have the right of retention of the customer is only insofar as the fronting claims from the same contractual relationship.
4.1. Delivery dates are stated in writing.
4.2. The customer can 6 weeks after the passing of a non-binding delivery date or a binding delivery period, require the seller in writing, to deliver within a reasonable period of time. With this reminder, the seller is in default. In addition to delivery, the delay damages can only be claimed if the seller acted with intent or gross negligence. The customer can put the seller in the event of default in writing a reasonable period of grace with the threat of rejection. After the expiration of the grace period, the customer is entitled, in writing to withdraw from the contract or to claim damages for non-performance. The customer is a legal Person of public Law, a public law special assets, or by a merchant, the contract part of the operation of his business, he has to claim for damages only in cases of intent or gross negligence on the part of the seller.
4.3. Force majeure, riot, strike, lockout, and involuntary significant disruptions to change the above dates and deadlines for the duration of the resulting impairment of performance.
4.4. Information in the case of the conclusion of the contract and valid descriptions of the contract the contract’s content; they are not guaranteed characteristics, but rather to serve as a benchmark for determining the accuracy of the object of the contract pursuant to art. Section 6.
4.5. The seller is entitled to make partial deliveries.
5. Passing Of Risk, Shipment
5.1. The customer is a merchant, isn’t a part of driving in § 4 of the commercial code, to be referred to a trader, a legal entity of public Law or a public-law special Fund, the place of performance is the registered office of the seller. In other cases, the customer is entitled to check, within 8 days after receipt of a notice of availability of the object of the contract on the agreed drop-off location and obliged, within this period the subject of the contract to take off.
5.2. The contract is delivered at the request of the customer at a place other than the seat of the seller, the risk passes upon Delivery to the transport company and Leaving the warehouse of the seller. The conclusion of Transport or other insurance is left to the customer.
5.3. The customer remains with the decline for longer than 14 days from the receipt of the delivery notification intentionally or due to gross negligence in the residue, the seller may, in writing, a 14-day grace period with the threat of rejection explain. After the expiration of the grace period, the seller is entitled, in writing to withdraw from the contract or to claim damages for non-performance. The setting of a grace period is not required if the customer refuses to seriously and permanently, or is clearly within this period of time for payment of the contract price isn’t able.
5.4. If the seller demands compensation, so this is 25% of the contract price. The amount of Damage is higher or lower, if the seller can prove a higher or the customer a lower damage. The seller of the Right referred to in paragraph 5.3 of power. and 5.4. no use, he may have over the subject matter of the contract-free and in its place a similar Treaty subject to the terms of the contract provide.
6.1. The seller warrants to the current state-of-the-art technology of the type of contract is appropriate error-free. Any complaints due to defects, wrong deliveries, and/or deviations in quantity, in the case of obvious defects without delay, but no later than within 5 days of receipt of the goods, the seller.
Defects, which can also be used in a careful examination not discovered within this period must be notified to the seller immediately upon discovery, but no later than 3 months after receipt of the delivery.
6.2. The claims for defects are to be reported in writing. The complaint, refer to the Protocol of the vendor and must be filled in completely. The seller should not be granted the opportunity to rectify the defect, the seller is exempted from the liability for defects.
6.3. Claims of the buyer due to material defects become time-barred two years after Delivery of the goods, unless regulated differently.
6.4. In the case of a replacement delivery, the buyer is obliged, to purchase goods in accordance with the provisions of withdrawal returned. It is a compensation for Use. Has worsened the matter considerably, however, will not provide the buyer the purchase item. To the extent that he has to § 346, Para. To provide 2 no. 3 BGB, the value set for the deterioration.
6.5 In the event of unjustified complaint, the seller is entitled to request the additional expenses incurred by the buyer.
6.6. The seller has the right to subsequent performance. The customer must make claims with the seller. The claimed subject matter of the contract is possible, must be returned in original packaging stating the complaint immediately to the seller. Subsequent fillings are made according to the technical requirements by replacement or repair of defective parts. Replaced parts become the property of the seller. The error can not be eliminated or a replacement delivery, the seller is not possible, the customer may request instead of a price reduction or withdraw from the contract.
6.7. Warranty obligations do not exist, if the actual error is causally related to the fact that the customer has not displayed an error in a timely manner and immediately have the opportunity of supplementary performance, given the subject matter of the contract is treated incorrectly or overused, has been, operation, or maintenance instructions of the seller were not followed, or if the contract is subject earlier in an establishment other than the seller’s, repaired, or maintained or in the object of the contract, the parts are installed, the use of which the seller is not authorised or is subject of the contract by the customer or a third party in the other by the seller is not authorised manner changed. Natural wear and tear is excluded from the warranty.
6.8. Warranty obligations do not exist as in the case of defects which are caused by negligent or improper treatment of the consumer, or a third party. This, therefore, curb damage, stone chip damage, and damages due to external cause. The curb damage, and the like, the resulting deformation can lead to surface curvature. This means that to lose lacquer voltage and permeability. The result of peeling Paint, corrosion, and Oxidation, which is not due to a quality defect. To repair the damage, which appears to be based on fault, improper use and, consequently, on the Buyer, the seller is not obliged.
6.9. Warranty claims against the seller are limited to the immediate customer and are not transferable.
6.10 In case of improper care, we assume no guarantee, warranty or indemnity claims! Depending on your use, the rims are to maintain once a week with lukewarm water and PH-neutral cleaning agent and a microfibre cloth or a soft sponge.
6.11. In the case of rejection of the defects liability claim, we will cost the defective goods with the seizure of the cargo to the customers send them back.
7. Retention of title
7.1. Objects of the agreement remain to the balance of the seller under the contract is entitled to claim the property of the seller. The retention of title shall also apply to all claims of the seller to the customer in connection with the subject matter of the contract later on.
7.2. The customer is a legal Person of public Law, a public law special assets, or by a merchant, the contract part of the operation of his business, the retention of title also for all other claims of the seller arising from the ongoing business relationship with the customers.
7.3. The customer is entitled to the resale or processing of the reserved goods in the ordinary course of business against immediate payment or subject to retention of title.
7.4. As long as the retention of title exists, it is only with the prior written consent of the seller of a pledge, transfer, lease or other, the security of the seller affecting the Surrender of the object of the contract is permissible. The customer shall keep the goods free of charge for the seller.
7.5. The customer shall assign its claims against third parties from the resale or processing of the reserved goods with all ancillary rights, to the amount of the invoice with the authority of collecting the Claim now for the sake of safety to the seller. The seller accepts the assignment. The value of this security exceeds the amount of the claim by the seller to more than 20 %, this will be the extent of the hedging, at the Request of the customer. The customer is entitled to revocation, the claims assigned to the seller in trust and on behalf of the seller. The collected proceeds, the seller and are delivered to them. At the Request of the seller, the customer is obligated to notify the assignment to the third party and to provide for the enforcement of the rights of the seller against the third party the necessary information.
7.6. The customer shall notify the seller access to the goods and any impairment of its rights by a third party, without delay, and to assist the seller in any way in the Intervention. The cost of the measures for the conservation or position of the property of the seller to the customer.
7.7. In the withdrawal, as well as the seizure of the reserved goods by the seller shall not withdraw from the contract.
8.1. The customer is a merchant or if the contract is not part of the operation of his business, the seller’s liability is excluded for damages caused by one with ordinary negligence committed breach of contract by the seller itself, his legal representative or his agent. This exclusion of liability shall not apply if the contractual obligation of a material contractual duty.
8.2. In addition, the liability is limited to the contract-typical foreseeable average damage is limited; as such, the amount of the remuneration for the actual delivery or performance is a maximum.
8.3. The customer is a merchant or is part of, the contract for the operation of his Trade, is liable, the seller exclusively
– in the full amount of its own gross negligence, in the case of gross negligence of our legal representatives or senior employees;
– as the basis for any culpable breach of essential contractual duties, and outside of which, on the merits, in the case of gross negligence of a simple vicarious agents. In these cases, the liability is according to 8.2. limited.
8.4. These limitations of liability apply to any and all damages, especially those from the breach of pre-contractual obligations, consultation obligations and positive breach, as well as for damage in connection with repair or replacement.
8.5. The warranty rights in accordance with paragraph 6 shall remain unaffected. Claims for late delivery are governed by section 4 concludes.
9. Cancellation policy
9.1. Right of withdrawal
The right of withdrawal does not apply to contracts for the supply of Goods made to the customers specification or are adapted to be built. This applies, in particular, for complete wheels (wheels with pre-mounted and balanced tires), as well as specially designed wheels with custom colors or shapes.
Consequences of the revocation
If you revoke this contract, we will Deposit you in picking up the goods 15% re-delivery costs, plus. applicable freight costs are calculated. Used goods (e.g., with mounting traces), and defective goods is completely excluded from return.
You may revoke your contractual Declaration within 14 days without giving reasons in text form (e.g. letter, Fax, E-Mail) or – if the goods before the deadline – also by returning the item. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar Goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. To observe the revocation period the timely dispatch of the revocation or the thing is sufficient. The revocation is to be addressed to:
BERLIN TIRES Europe GmbH
Holzhauser Str. 182
9.2. Consequences of revocation
In the case of an effective withdrawal, the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not or partially, or only in a deteriorated condition, you may give us the performance received and benefits (eg benefits of use) or surrender, you must pay us compensation for the value. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration is due to a handling of the goods that goes beyond testing the properties and functioning. By “testing the properties and functioning” means Testing and Trying out the respective goods, as is possible and common. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered and if the price of the returned goods does not exceed an amount of 40 euros or if you have provided at a higher price the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return shipment is free of charge for you. Not parcel things are picked up. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your Declaration of revocation or the thing, for us with their reception.
Up to the shipment of the goods, the seller can withdraw from the contract, if the customer behaves in a not inconsiderable degree in breach of contract or his financial situation deteriorates significantly.
11. Place of jurisdiction, applicable law
11.1. Court of the seat of the seller, if the customer is a merchant, a legal entity of public Law or a public-law special Fund, or has no General place of jurisdiction in Germany, or has his domicile or habitual residence outside of the scope of the code of civil procedure, or if he moves his domicile or habitual residence at the time of the action is not known. The statutory place of jurisdiction for the introduction of a Dunning procedure shall remain unaffected.
11.2. The law of the Federal Republic of Germany applies. The application of CISG (Convention of 11.04.1980) is expressly excluded.
12. Final provisions
12.1. The seller is entitled to process with respect to the business relationship or in connection with the data obtained about the customer, in accordance with the Federal data protection act.
12.2. Individual points of these conditions should be invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision a valid provision which comes in their economic effect of the invalid provision.
BERLIN TIRES Europe GmbH
Holzhauser Str. 182