Terms & conditions

ProLine Wheels Ltd.
Besselstr. 28
68219 Mannheim
Germany

1. General

We operate exclusively on the basis of our General Terms and Conditions of Business.
Differing terms and conditions of the customer which we have not explicitly accepted shall not be binding upon us, even if we do not explicitly object to them again upon receipt.

2.   Terms of Delivery
2.1 Delivery Period

Delivery shall be made as soon as possible. Dates or periods for delivery shall only be binding upon us, if agreed upon in writing. Delays in performance due to force majeure or equivalent circumstances for which we are not responsible, including delays occurring at our own suppliers, shall extend the delivery period until the delays are overcome. Overdue reminders and deadline extensions must be in writing.

Claims on account of late delivery, particularly for compensatory damages or reduction of price, are excluded.

2.2 Prices and Shipment

The prices valid on the day of shipment, plus statutory value-added tax, shall apply. All shipments of goods shall be made at the consignee's expense and risk. We shall only take out insurance against breakage and transport risks at the consignee's specific request and for an equivalent fee.

It shall not be possible to return goods.

3. Payment Terms

Our receivables shall be due net, without any deduction, immediately upon receipt of the invoice. In the event of default in payment, we shall be entitled to claim, without proof of a loss, interest at the rate of 5 % above the respective applicable Bundesbank discount rate. We explicitly reserve the right to claim compensation for higher losses caused by default.

We shall be entitled to charge at least € 5.- for every overdue reminder. Bills of exchange and cheques shall only be credited after the deduction of collection and discounting charges. We accept no responsibility for timely presentation or protest. Acceptance of a bill of exchange or cheque on account of payment, pending full discharge, shall not constitute a suspension of or interruption in the period allowed for payment. If cheques or bills of exchange are dishonoured, or receivables of any kind are otherwise in arrears, all receivables shall become immediately due. We shall be entitled, without granting a deadline extension, to cancel any and all running contracts, even if they have already been partly performed. The buyer may not derive any rights against us from this. We shall be equally entitled to this right, if unfavourable facts about the buyer's credit-worthiness become known. The retention of payments to employees or agents shall only be effective in relation to us, if these present their authorisation to accept payments. Claims based on the purchase contract shall not be transferable, except with written consent.

4. Notification of Defects

The customer shall immediately check that the delivered goods are complete and correct. The warranty for all goods shall be as set out in the respective terms of guarantee of the manufacturer or our own suppliers. In the event of a justified complaint or a complaint made in due time, we shall deliver a replacement free from defects or rectify the defects.

Every defect, and every deviation from the purchase order shall be notified to us in writing without undue delay upon receipt of the goods, but no later than within 4 days after receipt of the goods. Otherwise, the goods shall be deemed finally accepted. In the event of defects, the buyer shall only be entitled to the delivery of a faultless replacement.

There shall be no entitlement to cancellation of contract, reduction of price or compensatory damages. In the case of commercial goods, we shall, in the event of a complaint, assign our claims against the manufacturer directly to the customer. Notification of defects shall not release the buyer from its obligation to make payment in due time. In any event, return shipments shall be sent without charge.

5. Reservation of Ownership

We reserve ownership of the goods delivered by us until full payment is received or until the financial documents provided in this connection are fully honoured. In the case of an ongoing business relationship, this reservation applies to all receivables, including future receivables, arising from deliveries of goods. The customer shall be entitled to further process or resell such goods under reservation of ownership in the course of its commercial business. The customer hereby assigns to us the receivables arising from this. In the case of further processing, we shall be entitled to a pro-rata co-ownership right. If the customer defaults on payment or fails to perform its duties arising from the reservation of ownership, we shall be entitled to take possession of the goods under reservation of ownership at any place, assembled or unassembled. In the event that we take back goods, we shall issue a credit note equal to the current value of the goods, less costs incurred.

6. Liability

We shall be liable in relation to merchants only in the event of intent or gross negligence on our part or on the part of our managerial employees. Our liability excludes damages for which the customer is insured. In any event, liability shall be limited to damages foreseeable at the time of the conclusion of the contract and typical of this type of contract. Liability for consequential damages caused by a defect is excluded.

7. Place of Performance and Jurisdiction

Mannheim is the place of performance and jurisdiction for deliveries and payments, and the place of jurisdiction for all resulting disputes, including legal action based on a cheque or a bill of exchange. However, we reserve the right to also take legal action at the court which has jurisdiction over the principal place of business of a foreign buyer.

All prices are quoted in euros net, without the deduction of any cash discount, plus VAT, ex warehouse Mannheim. Delivery shall be made in accordance with our Terms of Delivery and Payment.

We reserve the right to change prices.

Place of jurisdiction is Mannheim/Germany. German law according to BGB and HGB is valid.