The following terms for sales and delivery apply for all current and future transactions between us and the buyer unless it is otherwise agreed in written form. They can be changed by us at any time. Differing terms and conditions of the buyer are rejected explicitly, even if they do not contradict our terms. Special agreements need written consent of our authorized employee.
Our offers are only to be confirmed in written form or over the phone.
III. Delivered goods
We will only commit to the goods or service after sending written confirmation. In case of doubt, only our written confirmation is valid. Quality descriptions as separate warranties apply only if we have declared explicitly. Minor deviations from the specified dimensions for weights and measures and special designs are acceptable if these deviations do not exceed 10% and does not impair the ability of the delivered items for the intended purpose.
IV. Delivery time
We always try our best to ensure punctual delivery specified in the order. The information on delivery date is always estimated and therefore we are not commited to it. Three weeks after the agreed delivery time, the buyer can send us a reminder with suggestion for the delivery time. Only after this period, the buyer is entitled to set us a deadline for subsequent performance. Before the customer reject our delivery after this deadline, we must first be informed. Further claims for damages because of delay or failure of delivery are regulated by Section IX of these general sales and delivery terms.
Case of force majeure, such as industrial action or involuntary official action or involuntary operation and traffic incidents, fires, floods, water damage, and no fault of energy or raw material shortages, the delivery period or extended period after proper notification by us without further ado for the duration of the delay.
V. Packaging, delivery, shipping, transfer of risk, Insurance and acceptance
Partial deliveries are permissible. The choice of packaging material and the packaging is our responsibility. The cost of shipping paid by the buyer, unless otherwise agreed.
The risk of accidental destruction or accidental deterioration passes with delivery of the goods to the shipper, at the latest, with the abandonment of one of our camps to the buyer, and that depends on whether the dispatch is done by the performance or who bears the freight charges. If delivery is delayed due to circumstances that are the responsibility of the buyer, the risk passes from the date of readiness for dispatch to the buyer. The goods are shipped at buyer’s risk, regardless of the Versendungsart.
VI. Price and payment
All prices shown are exclusive of statutory VAT.
Our calculations are postage and charges to pay. Our invoices are payable immediately, this also applies when an agreed prepayment. Failure to comply with one on the invoices or order confirmations anticipated payment term (verzugsbegründendes date) interest at the rate of eight percentage points above the base rate pursuant to § 247 BGB to pay. The right to assert a further default damage that is not affected by this scheme. The early warning notice of default is thus remain unaffected. We reserve the right, incoming payments to the oldest debt plus any accrued interest and expenses incurred to be charged.
If the purchaser with a payment in arrears or we have reasonable doubts about the solvency of the buyer, we may demand immediate payment of all outstanding invoices for already delivered goods. Doubts about the solvency exist particularly when charge backs occurred, checks or bills were not redeemed, enforcement measures failed, the buyer gave the affidavit or the opening of insolvency proceedings was requested. The delivery period for all ordered but not yet delivered goods will be extended until the full payment of all outstanding invoices. We are also entitled to ask for our demands one after our discretion sufficient security. If the buyer fails to comply, then we can declare all debts payable immediately.
To offset against our entitlements or to exercise rights of retention, the buyer is only entitled, as soon as his claims are undisputed or legally established against us.
VII. Retention of title
The commodity remains until the complete payment of all our and future claims arising from business relations with the buyer or to meet all with delivery of the goods in connection standing payment our property. Redeemed are tender when they are irrevocably credited to our account. For current accounts, the retained goods as security for our balance claim.
The buyer is entitled to our property in the proper Commerce to sell to third parties, but also its part, also only on reservation of title. The authorization for resale is revoked if the buyer is in default or agreed with its customers Unabtretbarkeit the claims. The pledge or transfer the safety of our property related goods are excluded. The demand of the buyer from the subsequent delivery is now assigned all rights to us, and was indifferent to whether they will be delivered alone or together with other objects. The power of the buyer to collect the claims assigned to us shall expire upon payment of the buyer. The buyer is obliged to hold in the case of resale names and addresses of its customers and the delivery and payment with them and give us information that effect at any time upon request. The claims made by the purchaser or as payment in lieu of payment Jump deposits accepted are already assigned to us.
In the event of insolvency proceedings, the purchaser is required to provide any Third parties by making signs or otherwise, the goods identified as property. In a self-petition, this is before the application of a creditor application be made immediately after hearing the talk of the debtor-buyer – to. The same is true when attachment of third-party action against the buyer. About the occurrence of such event, we are immediately by telephone and then informed in writing. As long as there is a demand on our part, we are entitled to require the purchaser to any information, which is under reservation of title goods delivered still in his possession where it is located. In addition, the buyer is obliged to immediately notify us of changes to the storage location using the new storage location. We are also entitled to these goods at any time at the point where she is visiting, too. In breach of contract by the buyer, especially for late payment, we are entitled to formal notice to withdraw from the contract. The buyer is then obliged to surrender. Due to the retention of title, we can claim the delivery item only if we have withdrawn from the contract. The right to claim damages for breach of contract remains unaffected by the resignation. However, we will try to sell the most of the withdrawn product. The proceeds will be credited to our claim for damages.
The buyer bears the risk for the goods supplied by us and is obliged to keep them carefully and adequately against loss (theft, water, fire insurance, etc.) for sale. He enters the claim against the insurance company in case of damage caused hereby in advance to us, and indeed a preferential partial amount of the purchase by us under retention of the delivered goods.
VIII. For defects and warranty claims
The buyer has the goods immediately after delivery carefully and examine our view a lack completely. Differences in delivery must be noted on the delivery or freight documents. Defects in the packaging are irrelevant as long as these do not affect the suitability of the product. The notice of defects must be in writing and without delay. Subsequent ads from defects that would have a careful examination of the receipt of the goods to be discovered, are irrelevant and unable to qualify the buyer. Defects that could not be found despite careful examination, should be notified in writing immediately after discovery. Again, the failure to observe the immediate notification of the defect leads to the irrelevance of the notice of defects and the loss of all claims. Our employees are not authorized to accept verbal or telephone complaints. Claims can not exist with only minor deviation from the agreed quality or of only minor impairment of usefulness.
For legitimate Mängelanzeigen we are to repay the Purchase price, to repair or delivery of replacement goods within four weeks from receipt of the defective goods required. The franchise is in any case, us. In the event of a withdrawal or subsequent delivery, we charge the buyer a deduction, the degree of wear of the defective tire. By ensuring the provision of the defective item is the property of us. The recourse is excluded if the warranty obligation of the buyer based on a guarantee of the buyer in excess of the statutory warranty claims. The limitation period begins with the transition to the buyer. With a possible remedy, the limitation period will neither suspend nor interrupt.
Warranty claims are excluded under the following conditions:
- provided that we will not be submitted to the alleged lack of tires
- unless the defect to the conduct of the purchaser or his Vicarious agents or if the purchaser or its agents the assembly have improperly conducted
- provided that the obligation of the buyer to the final consumer based on a guarantee by the buyer in excess of the statutory warranty claims,
- if the tires sold tampering or Repair, retread or edits have been made in any other way,
- provided by the original equipment / vehicle manufacturer’s recommendations or The tire-standard was not met,
- if the tires of a vernunftswidrigen stress was exposed, such as by exceeding the allowable stress and the respective maximum allowed speed,
- if the tire was damaged by incorrect wheel position or has been affected by other disturbances in the wheel arch in his power or if this was retreaded from third parties,
- if the tires on a not assigned to him, gauge, rusty or assembled in any other way defective wheel was
- if the tires by external force or mechanical Violation defective grown or external heating has been suspended
- where there is a natural wear or damage in whole generally to improper treatment, for example not appropriate profile changes, notches, etc., or are due to an accident
- if the tire has been corrupted, with the installation of spikes that are squatting, etc., by foreign hand in the context
- provided on the tire made product changes were
Further claims for damages due to defects addressed in Section IX of these general sales and delivery terms.
IX. Extent of liability
Damages and reimbursement of expenses of the buyer against us, our institutions, legal representatives and / or agents, on whatever legal reason, including for violation of the obligation and / or tort, are excluded. This does not apply if we, our institutions, our legal representatives and / or agents with intent or gross negligence and / or the violation of essential contractual obligations.
If there is liability for the violation of essential contractual obligations, limited the scope of liability to the replacement of the typical and foreseeable damage, if we, our institutions, legal representatives and / or our agents are only simple negligence, which is of simple agents that limit the extent of any negligence liability.
Our sales contract shall be cancelled if our supplier, where we order the tires for this contract, cannot deliver the goods as agreed.
X. Performance, Jurisdiction and Applicable Law
Performance and jurisdiction for all present and future claims arising from the business relationship with us, including bills and checks, for both parties is solely Herzberg am Harz.
For all agreements and legal actions will only German law under exclusion of the uniform laws on the international sale of goods.
Agreements become effective only if in writing by us be confirmed. The same applies for an amendment to these general sales and delivery conditions, especially with this provision.
XII. Rule of interpretation
In the event that one or more provisions of these General sales and delivery conditions are or become invalid, the remaining provisions shall remain unaffected. The parties are instead obliged to replace the ineffective provision by that regime, which comes in such its general sales and delivery terms have come to express meaning on the next.
The buyer is advised that if, personal data with us, or under the provisions of the BDSG stored and processed.
ANDIA – International GmbH
37412 Herzberg am Harz