This is a courtesy translation. The German version is legally binding.

I. Applicability of the general terms and conditions

We sell, process and deliver exclusively on the basis of the following terms and conditions. Conflicting terms or terms of our customers that deviate from these terms and conditions do not apply unless Mainhattan-Wheels GmbH has expressly agreed to their applicability in writing. We hereby expressly object to any differing terms and conditions of our customers.

II. Quotes, order confirmations, prices

1. The product images within the online shop do not constitute legally binding offers. Our quotes are subject to change with regard to quantity, price and delivery time. The acknowledgement of receipt, like the acceptance of a telephone order, does not constitute a binding acceptance of the order on our part. Orders are binding for us only once we have issued a written order confirmation. We reserve the right to make technical and design deviations from descriptions and details within the online shop that are reasonable for the buyer, as well as changes to models, construction and materials in the course of technical progress, without any rights against Mainhattan-Wheels GmbH arising from this.

2. The buyer alone is responsible for compliance with statutory, official and employers' liability insurance regulations when using our goods.

3. Our prices are ex delivery warehouse or ex works, excluding freight and customs duties, plus the statutory value added tax applicable on the day of delivery. Previously confirmed prices apply only if the confirmed quantity is accepted.

III. Shipping, transfer of risk

1. Upon handover of the goods to the carrier or freight forwarder, the risk of loss or deterioration of the goods passes to the buyer. This also applies to deliveries free domicile. For deliveries free domicile, however, we accept liability limited to the value of the goods concerned for direct transport damage, provided this damage was caused by our own employees.

2. The buyer must notify us immediately of any transport damage, even if we are not responsible for the transport.

3. Claims for compensation in the event of transport damage:

Acknowledge receipt of the goods only after checking that the goods and packaging are in perfect condition.
If this is not the case, be sure to have this confirmed by the driver.
Shortfalls, incorrect items, damaged goods etc. must be reported to us immediately, and in any case within 7 days at the latest.
Concealed transport damage must be reported to us within 3 days of delivery at the latest.
If this is not observed, we cannot accept damage to the goods.

IV. Delivery dates, delivery, performance and withdrawal

1. Delivery dates confirmed by us are non-binding unless they are expressly designated as binding. Compliance with delivery dates requires the timely fulfilment of the buyer's contractual obligations. The delivery period begins once all details of the execution of the order have been clarified and all documents required for this and other information to be provided by the buyer have been received, and after receipt of any agreed down payment. The delivery period is also deemed to have been met if the goods leave our premises or the specified dispatch point at the agreed time, or if readiness for dispatch has been notified to the buyer but the goods cannot be dispatched in time through no fault of our own.

2. If we are in default, the buyer may, provided he demonstrates credibly that he has suffered damage as a result, claim compensation of 0.5 % for each completed week of default, but in total no more than 5 % of the price of the deliveries that could not be put to appropriate use because of the default. Both claims for damages by the buyer due to delayed delivery and claims for damages in lieu of performance that exceed the compensation stated in the preceding sentence are excluded in all cases of delayed delivery, even after the expiry of any delivery period set for us. This does not apply in cases of intent or gross negligence.

3. After the expiry of a reasonable grace period set for us in the event of delayed delivery, the buyer is entitled to withdraw from the contract if he indicated, when setting the grace period, that performance would be refused. Other claims beyond those in Art. 3 and 4 are excluded in the event of delayed delivery.

4. If failure to meet deadlines is due to force majeure, e.g. mobilisation, war, riot or similar events, e.g. strike or lockout, the deadlines are extended accordingly. The buyer must also accept partial deliveries to a reasonable extent.

V. Retention of title

1. Mainhattan-Wheels GmbH retains title to the goods it sells (reserved goods) until the purchase price has been paid in full.

2. The buyer may sell the reserved goods only in the ordinary course of business and on condition that the purchase price claim from the resale passes to us. The buyer hereby assigns to us his claim from the resale of the reserved goods, together with all ancillary rights, as security for all claims we hold against the buyer at the time of the resale. The buyer is authorised to collect the claims assigned to us. The buyer's authorisation may, however, be revoked if the buyer defaults on his payments to us. In this case we are authorised to inform the buyer's customers of the assignment in the buyer's name. The buyer is obliged to provide us with the information required to assert our rights against his customers, in particular to name the customers and hand over the necessary documents.

3. The buyer is not entitled to dispose of the reserved goods in any other way, in particular to pledge them or transfer them by way of security.

4. Any impairment of the reserved goods must be reported to us, as must any access to them by third parties. If the authorisation to resell lapses, the buyer is obliged, at our request, to provide us with information on the stock of reserved goods and to surrender these goods on our demand. To enforce our claim for surrender, we are also entitled, after prior notice and the setting of a deadline, to enter the buyer's premises and remove the reserved goods. Furthermore, we are entitled to realise the surrendered reserved goods in satisfaction of our claims as soon as we have either withdrawn from the contract or the conditions for claiming damages for non-performance have arisen.

5. If the value of all our security rights exceeds the value of our claims against the buyer by more than 20 %, we are obliged, at the buyer's request, to release security in excess of this.

VI. Payment

1. Shipping is generally against advance payment. Otherwise, unless agreed otherwise, claims from our invoices are payable net (without deduction) within thirty days of receipt of the invoice at the latest. Payments are to be made exclusively to the accounts listed on our invoice, quoting the invoice number.

2. Notwithstanding any provisions to the contrary by the buyer, we are entitled to offset payments first against the buyer's older debts. If costs and interest have already been incurred, we are entitled to offset payments first against the costs, then against the interest and finally against the principal.

3. In the event of default we charge interest at 8 % above the applicable base rate. We reserve the right to assert further rights, in particular further damages caused by default.

4. If the buyer fails to meet his payment obligations in accordance with the contract, suspends his payments, or if we become aware of circumstances that call the buyer's creditworthiness into question, we are entitled to declare the remaining debt due.

5. Set-off against our claims is excluded unless the counterclaim is undisputed, has been established by a final court judgment or has been acknowledged by us. The exercise of a right of retention is likewise excluded unless the counterclaim is undisputed or has been established by a final court judgment.

VII. Warranty

1. All parts or services that show a material defect within the limitation period of 12 months are to be repaired, replaced or performed again free of charge at our discretion, provided the cause of the defect already existed at the time of transfer of risk. Information on our goods, including references to DIN or ISO standards, guidelines or other domestic or foreign quality standards, as well as analyses provided or the description of physical properties of our goods, are in no case to be understood as a guarantee within the meaning of § 276 (1) sentence 1 BGB (German Civil Code), unless expressly agreed otherwise in writing. The buyer must notify us of material defects in writing without delay.

2. Minor deviations in dimensions, shape and colour and natural wear do not constitute defects. Impairments resulting from improper use of the goods do not constitute defects. Warranty claims are excluded if, as a result of onward shipment or processing of the goods delivered by us or other circumstances, we are no longer able to properly examine and determine whether a defect in the goods actually exists.

3. In the case of justified notices of defects or complaints, subsequent performance is provided at our discretion in the form of rectification of the defect or delivery of a defect-free item. If subsequent performance fails, the buyer is entitled to reduce the price or, at his discretion, to withdraw from the contract, irrespective of any claims under Art. VIII.

4. Claims by the buyer for the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded. The buyer must return the goods to us at his own expense. If the buyer's claim for subsequent performance proves to be justified, we reimburse the buyer's transport costs at a flat rate of €8.90 per parcel. Expenses beyond this are not reimbursed under any circumstances.

5. In all other respects, Art. VIII (Liability) applies to claims for damages. Further or other claims by the buyer against us and our vicarious agents due to a material defect beyond those regulated in this Art. VIII are excluded.

VIII. Liability

1. Claims for damages, irrespective of the legal grounds, are excluded. The exclusion of liability does not apply where the damage is attributable to an intentional or grossly negligent breach of contract by one of our legal representatives or vicarious agents, or where one of our legal representatives or vicarious agents culpably breaches a material contractual obligation. In the event of a breach of a material contractual obligation, the amount of damages is limited to compensation for the typical, foreseeable damage. The exclusion of liability also does not apply to claims for damages under the Product Liability Act or to damage resulting from injury to life, body or health.

2. The wheels we distribute are developed, manufactured and tested exclusively for use on public roads in accordance with the StVZO (German Road Traffic Licensing Regulations). Use of our wheels in sporting applications, on race circuits, in motorsport or with sports tyres is therefore at the user's own risk. Damage and consequential damage attributable to the use of wheels distributed by us in sporting applications is not covered by the warranty provisions, i.e. it is borne exclusively by the user. If your vehicle has been involved in an accident or collision, or has been in an uncontrolled driving condition in which the wheels were subjected to impact or overloading, the wheels must be examined for any damage such as deformation, impact marks or cracks in the wheel centre.

3. If, at the customer's request, wheels are processed or modified by Mainhattan-Wheels GmbH in a way that goes beyond pure surface finishing, the type approval lapses. The wheels may no longer be used within the scope of the StVZO. The customer expressly releases Mainhattan-Wheels GmbH from any liability. Responsibility for any necessary TÜV registrations lies with the buyer. The same applies to all modifications made to the chassis and bodywork.

IX. Contract amendments, severability clause

Amendments and additions to the contract must be made in writing. Our employees and representatives are not authorised to make verbal side agreements, give verbal assurances or make verbal agreements on amending the contract. The contract remains binding in its remaining parts even if individual provisions are legally invalid. In accordance with Art. 13 GDPR, the buyer is informed that his data is stored and processed by us for the purpose of contract execution. Data is processed in compliance with the GDPR and the BDSG; details can be found in our privacy policy.

X. Choice of law, place of jurisdiction

1. The law of the Federal Republic of Germany applies. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 is expressly excluded.

2. The place of jurisdiction for all disputes is, to the extent permitted by law, Offenbach am Main.

Mainhattan-Wheels GmbH
Lise-Meitner-Straße 5
63128 Dietzenbach
Germany

General terms and conditions