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General Terms and Conditions


I. General

1.) The deliveries, services and offers of the seller are made exclusively on the basis of these sales and delivery conditions. .These terms of sale and delivery also apply to all future business relationships with TIBUS Offroad GmbH & Co. KG, even if they are not expressly agreed again.

Counter-confirmations by the buyer with reference to his own terms and conditions of business or purchase are hereby contradicted. The buyer's terms and conditions do not bind us - even without express objection.

2.) Deviations from these sales and delivery conditions are only effective if the seller confirms them in writing.


II. Offer and conclusion of contract

1.) The seller's offers - especially in his prospectus - are subject to change and non-binding. Declarations of acceptance and all orders require the written, telex or telephone confirmation of the seller to be legally effective. The same applies to supplements, modifications or subsidiary agreements.

The contract is only considered to be concluded when the buyer has made the down payment on the basis of an order and receipt of the invoice. Once the deposit has been paid, a contract has been concluded. A refund of the payment made is therefore excluded.

2.) Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed in writing, without prejudice to the dimensional guarantee that has been assumed. The seller reserves the right to make technical changes that he deems necessary at any time.


III. Delivery and performance time

The goods can only be shipped once the full invoice amount has been received in our accoun

1.) The dates and deadlines specified by the seller are non-binding unless expressly agreed otherwise in writing. This applies specifically to parts manufactured for the customer, such as axles and gearboxes. These parts are excluded from return. This applies as soon as the production of these parts has begun.

2.) The seller is entitled to make partial deliveries and partial services at any time.

IV. Passing of Risk

The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the seller's warehouse for the purpose of shipment. If shipping becomes impossible through no fault of the seller, the risk passes to the buyer upon notification of readiness for shipping.

The delivery must be checked immediately upon receipt for completeness and damage. Complaints later than 5 days after receipt will not be accepted.

V. TÜV approval

Only for those items referred to in the brochure or on the Tibus Offroad Ltd. website. & Co. KG has been expressly pointed out, a TÜV sample report or parts report has been created.

TIBUS beadlock rims are only supplied with a strength report. An individual acceptance according to the regulations of the country of registration is required for entry in the vehicle documents.


VI. warranty

1.) If the delivery item is defective or if it lacks guaranteed properties, the seller will deliver a replacement or make improvements at its discretion, excluding other warranty claims of the buyer - in particular excluding any consequential damage by the buyer. Multiple rectifications are permitted.

2.) The statutory warranty obligation is 1 year and begins on the date of delivery.

In the case of dealerships, B2B, there is no warranty ,.A warranty can be aggreed upon purchase

If the seller's operating or maintenance instructions and installation instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not correspond to the original specifications, all warranties are void. Since the installation of various parts may require additional modifications to the vehicle, the work should only be carried out by a trained mechanic. TIBUS Offroad GmbH & Co. KG does not guarantee this work. Errors caused by improper assembly are excluded from the warranty.

If you participate in competitions or use wheel sizes that exceed the size recommended by the seller, the warranty for the portals expires.

3.) The seller must be notified of defects in writing immediately, but no later than one week after receipt of the delivery item. Defects that cannot be discovered within this period even with careful inspection must be reported to the seller in writing immediately after discovery. The defective delivery items are to be sent to the seller free of charge in the condition in which they were at the time the defect was discovered. A breach of the above obligations excludes any warranty towards the seller.

4.) If the repair or the replacement delivery fails after a reasonable period of time, the buyer can choose to demad a reduction in payment or cancellation of the contract.

5.) The warranty does not apply to wearing and used parts that are delivered without any warranty.

6.) Only the direct buyer is entitled to warranty claims against the seller. They are only assignable with the prior written consent of the nseller.

a) In the case of foreign transactions, different provisions apply, which are listed under “Terms and conditions”.

7.) Warranty claims for tires are excluded under the following conditions:
a) If the defective tire complained of is not presented to us with the complaint form;
b) if the tire has been improperly tampered with by third parties;
c) if the air pressure recommended by us for a tire has not been observed;
d) if the tire was subjected to unreasonable stress, such as exceeding the permissible load and the respectively permissible maximum speed, or rally and/or racing use;
e) if the tire was damaged due to incorrect wheel alignment or its performance was impaired by other faults in the wheel arch (e.g. dynamic imbalance), or if it was retreaded or resoled by a third party;
f) if the tire was mounted on a rim that was not allocated to it, was not true to gauge, was rusty or was defective in any other way;
g) if the tire has become defective as a result of external influences or mechanical damage or has been exposed to external heat;
h) if natural wear and tear or damage is present, which can generally be traced back to improper handling, e.g. improper profile changes, indentations, etc., or to an accident;
i) if the tire shows damage related to the attachment of spikes, crotches, etc. by a third party;
The above paragraphs finally contain the warranty for the goods and services of the seller and exclude other warranty claims of any kind. Removal and installation costs are not borne by the seller.


VII. Retention of title

1.) The goods remain the property of the seller, processing or transformation is always carried out for the seller as the manufacturer, but without any obligation for him. If the seller's (co-)ownership expires as a result of amalgamation, it is already agreed that the buyer's (co-)ownership of the uniform item shall be transferred to the seller in proportion to the value (invoice value). The buyer keeps the (joint) property of the seller free of charge. Goods to which the seller has (co-)ownership are referred to below as reserved goods.

2.) The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The buyer hereby assigns the claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods to the seller in full as a precaution. The seller revocably authorizes him to collect the claims assigned to the seller for his account in his own name. At the request of the seller, the buyer will disclose the assignment and provide everyone with the necessary information and documents.

3.) If third parties access the goods subject to retention of title, the buyer will point out the seller's ownership and notify the seller immediately. Costs and damages paid by the buyer.
4.) In the event of breach of contract by the buyer - in particular default in payment - the seller is entitled to take back the reserved goods at the expense of the buyer and, if necessary, to demand the assignment of the buyer's claims for return against third parties. The taking back and seizure of the goods subject to retention of title by the seller does not constitute a withdrawal from the contract, unless the installment law applies.


VIII. Payment

1.) Unless otherwise agreed, payment is made by cash on delivery, direct debit by direct debit, prepayment or credit card. Despite the buyer's provisions to the contrary, the seller is entitled to initially offset payments against his older debts. If costs and interest have already been incurred, the seller is entitled to offset the payment against the costs, then against the interest and finally against the main service.

2.) A payment is only deemed to have been made when the seller can dispose of the amount. In the case of direct debit or checks, payment is only deemed to have been made when the amount has finally been credited to the seller.

3.) If the buyer is in default, the seller is entitled to charge interest at the interest rate calculated by the commercial banks for open overdrafts, but at least 5% above the respective discount rate of the Deutsche Bundesbank plus the statutory calculate sales tax.

4.) The buyer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the seller has expressly agreed in writing or if the counterclaims have been legally established.


IX. Prices

1.) The prices are in EURO excluding VAT.  VAT can be shown separately for dealers and the self-employed. When exporting, the amount is shown without VAT.

Delivery is freight prepaid. Price information in offers and order confirmations from the seller are always non-binding: the prices valid on the day of delivery are decisive. Estimates for repair and installation work are prepared as precisely as possible, but are non-binding.

2.) The prices stated in the seller's order confirmation are decisive. Additional deliveries and services will be charged separately.

3.) If there are more than 6 months between the conclusion of the contract and the agreed and/or actual delivery date, the seller's prices valid at the time of delivery or provision shall apply.

4.) Design changes
The seller reserves the right to make design changes at any time; however, he is not obliged to make such changes to products that have already been delivered.


XI. Limitation of Liability

Claims for damages due to impossibility of performance, positive breach of contract, culpa in contrahendo or tort are excluded both against the seller and against its vicarious agents or vicarious agents, unless intentional or grossly negligent action is involved.


XII. return

In principle, we are not obliged to take back delivered parts. We expressly do not operate online trading, are not set up for this and do not maintain a corresponding sales system. Therefore, the revocation of an order according to the Distance Selling Act is excluded.

Delivered parts may only be returned after prior agreement and against payment of the freight costs and payment of a flat-rate fee (for storage, etc.) of 15% of the purchase price. Returned goods can only be accepted by the seller in the original packaging and in perfect original condition. Unauthorized returns, returns with incomplete information and returns due to cash on delivery not redeemed oblige the buyer to assume the shipping costs incurred by the seller. Parts and custom-made products that were specially ordered or made for the buyer are excluded from return.

XIII. Applicable Law

1.) The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between seller and buyer.

2.) To the extent permitted by law, Schortens / Germany is the exclusive place of jurisdiction and place of fulfillment for all disputes arising directly or indirectly from the contractual relationship.