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Headquarter:

Thomas-Edison-Str. 20
52499 Baesweiler

Germany

email:
usa@wheelsandmore.de

Handcrafted in Germany

 

Terms and Conditions


Importance

We sell, mount and deliver exclusively depending on following terms and conditions. Supllements to an agreement are unvalid. Conflicting general terms and conditions of the respective contractual partner are exclusively rejected. Such general terms and conditions of a contractual partner shall not bind us even if we didn´t object to them explicitly or if we provide goods or services without reservation although we know about contrary or deviating conditions. The customer allows Wheelsandmore using the car for test- and deliver drive on customer´s risk.
Conclusion of contract
Our offers remain subject to being sold. Prices and technical data from our websites, catalogues and flyers may change. Conclusions of contract and other agreements, in particular oral collateral agreements and guarantees of employees or representatives, may be binding only with our written confirmation.
Prices and conditions for payment
Prices from our websites and pricelists are excluding vat, tax, customs, installation, lacquering and shipping costs. Except as otherwise specified in order confirmation, the amount shall be fully prepaid. In the event, the payment term pursuant is exceeded, the contractual partner will be in default. In such case, we are entitled to charge interest amounting to 5 % over the discount rate of the European Central Bank towards consumers and interest amounting to 8 % over the discount rate towards other customers. The assertion of further damages caused by default remains reserved.  In case of part deliveries or part performances, Wheelsandmore is entitled to refuse the performance of services still to be rendered under the contract in the event of a delayed payment of the contractual partner until the outstanding balances are settled. Further, Wheelsandmore is entitled to demand cash on deliveries divergent to the provisions set regarding remaining services still to be provided.  The contractual partner obtains the right to offset with counterclaims only in the event, such counterclaims have become res judicata, are uncontested or have been acknowledged by us. The contractual partner is only authorized to exercise a right of retention if the counterclaim is based on the same contractual relation.

Terms and delivery dates

Dates of delivery and terms are only approximately information, provided that such terms and dates have been designated in writing and explicitly as binding. The delivery term for purchase order commences the day of confirmation of order by us. However, the commencement shall not be effected before clarification of all technical and commercial details as well as presentation of permissions, if necessary. Any modifications regarding the delivery of the contractual object requested by the contractual partner within the term of delivery shall interrupt and extend the term of delivery accordingly. Term of delivery in connection with the execution of installation, repairing and commissioning contract shall not commence before confirmation of order and placing at the contractual partner’s disposal respectively availability of the vehicle to be executed with such works. By the way, the provisions as stipulated in sentences 2 and 3 apply correspondingly. In case of force majeure, such as delayed deliveries by the subcontractor, strike, lock-out, shortage of material, official actions as well as other acts of God, the respective term of delivery respectively term of performance shall be extended with the period between the commencement and the cessation of such event. In case of non-availability respectively non-performance of services caused by essential aggravation or impossibility, Wheelsandmore is entitled to rescind the contract without being committed to claims for damages, if Wheelsandmore has notified the respective contractual partner immediately about the non-availability of the contractual services and has undertaken simultaneously to compensate counter services already collected. The contractual partner is authorized to demand a declaration whether we intend to rescind the contract or to deliver within a reasonable time limit after being notified about such occurrence. If we fail to provide such declaration, the contractual partner may rescind the contract. The contractual partner is not entitled to reject part deliveries or part performances, unless a legitimate interest for such rejection is given. Statutory claims of the contractual partner to be enforced in lieu of claims for damages or to be asserted simultaneously with a claim of damages remain unaffected. If Wheelsandmore is in default with contractual services, the contractual partner is obliged to grant in writing a reasonable period of grace for performance. In case the contractual object is not or not completely delivered within such period of grace respectively the services are not or not completely rendered, the contractual partner has the right to rescind the contract after expiration of such period with respect to deliveries and services, which have not been delivered until expiration of such period of grace. Insofar, in delivery trading the dispatch of the goods is equivalent to the delivery. If the contractual partner suffers damages caused by a delayed delivery Wheelsandmore is liable for, Wheelsandmore shall compensate the resulting and provable injury. However, such compensation is limited to 5 % of the net price of the delayed or omitted delivery or performance, unless Wheelsandmore is liable for damages caused by intentionally or gross negligence. If the respective contractual partner not being a consumer asserts claims for damages in lieu of performance, such claims are excluded, unless Wheelsandmore is liable for damages caused by intentionally or gross negligence.
Wheelsandmore shall be released from any observance of terms of delivery, if the contractual partner is in delay of payment of former orders or of part deliveries of an order, or fails to fulfill other contractual obligations. In case of dispatch, the day of dispatching the goods shall be considered as the date of delivery. In other cases, the day, on which the contractual partner receives notice about the readiness for dispatch, delivery or handing over of goods, shall be decisive.

Warranties

The associate partner is obliged to inspect delivered goods immediately upon receipt and to give written notice of a defect immediately at the place of destination or, at the latest, within 8 business days upon receipt. Latent defects shall be noticed immediately upon ascertainment. In the event the contractual partner fails to observe the time limit for notification of a defect, every possible claim regarding defects not being noticed or being noticed out of time are excluded, if the associate partner is a merchant or a legal entity of public law. In case of faulty deliveries or services, Wheelsandmore shall have the opportunity to inspect at its option the noticed defects on the spot or at its places of business. The inspection shall take place immediately, if the associate partner explains his interest in immediate settlement. Goods or services being found faulty shall not be modified without consent of Wheelsandmore. Otherwise, the associate partner may lose his claims based on warranty. Divergent from therefore going provisions, remediation works of deficiencies can be executed by another professional work shop at the expense of Wheelsandmore, if the following conditions are fulfilled:
If the vehicle is out of service due to a defect and has been removed more than 200 km from the plant of Wheelsandmore and Wheelsandmore has given consent prior to the placing of an order to the third work shop.
If an urgent case of necessity is given and Wheelsandmore is not able to take remedial actions immediately. The obligation of the associate partner to inform Wheelsandmore about the defect stating the address of the commissioned plant remains unaffected.
In case of provable material or implementation defects, Wheelsandmore is entitled to remedy the defects free of charge or to replace free of charge or to credit the invoice value against return of the defective goods or to grant the associate partner reduction of the purchase price by observing reasonably the associate partner´s interest. Deviating imperative provisions of law for the benefit of the consumers remain unaffected.
If Wheelsandmore fails to fulfill one of its refined obligations to perform subsequently (replacement/delivery of a substitute or rectification of defects) or does not meet such obligation according to contract or if the subsequent performance goes wrong, the associate partner is entitled to the right of reduction of the purchase price or the right of rescission of the contract within the scope of the provisions of law. Deviating imperative provisions of law for the benefit of consumers remain unaffected.
Other or further claims of the associate partner, in particular claims for compensation of handling costs, costs relating to installation and dismantling as well as damages not relating to the delivery object (consequential damages), are excluded, provided that they are permitted by statute. Deviating imperative provisions of law for the benefit of consumers remain unaffected.
Any information relating to an increase in output and/or to performance kits are to be understood as average figures. Due to testing, deviations of +/- 6 % may occur. Information relating to the overall output of factory motors which have been modified by an increase in output and/or by performance kits, are based on the information, provided by the manufacturer in the official vehicle registration, which in return may deviate +/- 6 %. Wheelsandmore will not be responsible for an output of factory motors which is below the aforementioned figures.

Claims under warranty

Claims of an associate partner based on violation of a guarantee only come into question, if Wheelsandmore has furnished expressly a guarantee of quality or tenability to the associate partner and has designated the respective guarantee as such. The written confirmation can be replaced through handing over of written guarantee conditions formulated in advance. Aside from respective concrete promises of guarantee and/or guarantee conditions, the contractual partner is only authorized to claim damages relating to the violation of a guarantee, if the associate partner has been insured through a guarantee against damages of the arising kind.

Retention of title

Wheelsandmore retains title to the delivered goods until fulfillment of all claims against the contractual partner of the current business connection in full. The same shall apply, if the price for special deliveries designated by the contractual partner is paid. A processing and manufacturing may be done by Wheelsandmore. However, Wheelsandmore is not committed to such works and its title may not become extinct hereby. In the event the contractual partner consolidates the reserved goods with other goods, Wheelsandmore shall obtain joint ownership on the new object with regard to the invoice value of all consolidated goods. Insofar, the new object shall be considered as reserved goods in the sense of these conditions. The contractual partner is entitled to sell the reserved goods in the proper course of business. Any other disposals are prohibited. All claims arising out of the use of the reserved goods shall be resigned to Wheelsandmore in advance. If the reserved goods are sold with other objects not being owned by Wheelsandmore or are used as material for the execution of contracts for work and services, the assignment of the reserved goods only covers such portion of revenue, which is equivalent to the portion of the joint ownership of Wheelsandmore with regard to the reserved goods. The contractual partner is only entitled to collect the resigned claims in the proper course of business. Any intervention on the reserved goods or the resigned claims by any third person may be notified to Wheelsandmore by the contractual partner. The costs for such intervention shall be borne by the contractual partner. The authorization of the contractual partner to dispose of the reserved goods and to collect the resigned claims lapses in the event of non-observance of conditions of payment as well as in case of protests relating to bill and cheque. In such a case, Wheelsandmore is
entitled to take possession of the reserved goods. The costs relating thereof shall be borne by the contractual partner. A rescission of the contract is only given in the event of taking back the goods, if such a case is expressly declared by Wheelsandmore. Upon request of Wheelsandmore, the contractual partner is, further, obliged to make available information and documents being needed by Wheelsandmore to assert the resigned claims. In the event the value of securities of a debt being available to Wheelsandmore exceed more than 10 % of its claims, Wheelsandmore undertakes to release at its option the exceeded securities upon request of the associate partner.

Right of lien

Wheelsandmore is entitled to a contractual right of lien on the object being in its possession due to the order because of its contract claims. The contractual right of lien can be asserted based on claims for prior executed works, deliveries of spare parts and other services as well, provided that such claims are related to the contractual object. The right of lien applies to other claims relating to this business connection, only if such claims are uncontested or have become res judicata and the contractual object is owned by the contractual partner.

General limitations of liability

The liability of Wheelsandmore is exclusively determined by these conditions. All claims not being expressly acknowledged in these conditions, in particular even claims for damages based on impossibility, default, violation of contractual collateral duties (including advising and furnishing information), ´culpa in contrahendo´, tort act – even if such claims are relating to claims of
defects of the contractual partner – are excluded. This principle does not apply, if the claims are based on intentional or gross negligent act/omission of Wheelsandmore, respectively a legal representative or vicarious agent or based on the circumstance that Wheelsandmore, its legal representative or vicarious agent has violated negligently contractual cardinal obligations or has violated in other way substantial contractual obligations or on the circumstance that an intentional or negligent violation of life, person and/or health of a third person is given. Further, deviating imperative provisions of law for the benefit of consumers remain unaffected. All claims against Wheelsandmore, no matter based on which legal ground, are subject to, at the latest, a limitation period of one year, unless an intentional or fraudulent act of Wheelsandmore is given. In such cases, the provisions of law regarding limitation periods shall apply. Deviating imperative provisions of law for the benefit of consumers remain unaffected. Exclusions of liability according to these general terms and conditions shall not be applicable for claims relating to the product liability act.

Scrap parts

Parts being removed from vehicles (original or scrap parts) shall be taken over by the associate partner within a time limit of 4 weeks. After this period of time, Wheelsandmore does not take responsibility for the storage. A replacement is excluded. This provision does not apply for parts which have been set off or passed into the ownership of Wheelsandmore in any other way.

Special terms for wheel installation

Using our wheel / tire combinations without problems could require bodywork as: shorten inside fender edges, widening fenders or maybe extreme bodywork with new lacquering.

Wheel maintenance

The multipiece handcrafted wheels should be cleaned immediately after long rides and even if break dust is visible on the surface. The rims are not practical for winter season. Cleaning wheels is only recommended by using warm water and maybe some hairshampoo inside. Wheel cleaners with acid will maybe destroy the surface. If a specific tire pressure is provided, the pressure has to be proven periodically. Tires fitted on cars with lowered suspension and negative camber should be proven to wastage and turned sideways, if necessary.

Place of performance, place of jurisdiction, governing law

The place of performance for all deliveries and services of Wheelsandmore shall be Aachen/Germany.
The place of jurisdiction shall be depending on the head office of Wheelsandmore. However, Wheelsandmore shall be entitled to sue a claim against the associate partner at its head office or at another statutory permitted place of jurisdiction. The same applies to liabilities on a bill or on a cheque.

Ineffectiveness

The ineffectiveness of single conditions doesn´t affect neither the validity of the contract or the validity of the remaining conditions.



This document was last updated on January 23, 2012

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