General Terms and Conditions

These General Terms and Conditions apply to all business relationships between Eckehard Wolf, trading under the business name/brand “monstertyres”, and his customers.

monstertyres is the business name/brand under which Eckehard Wolf operates. Unless expressly stated otherwise, the contractual partner is Eckehard Wolf.

These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. No contracts are concluded with consumers.

Any deviating or conflicting terms and conditions of the customer shall not become part of the contract unless monstertyres expressly agrees to their validity in writing or in text form.

monstertyres trades exclusively in used tires from collection and sorting.

The subject matter of the contract is always the agreed tire mix as a whole and not any individual tire.

Variations customary in the trade in brand, size, age, tread depth and visual condition are normal for used goods and do not constitute a defect. The proportion of tires that do not correspond to the typical standard of the respective category is usually less than 5%; such proportion shall be deemed in conformity with the contract.

Offers made by monstertyres are non-binding and subject to change unless expressly designated as binding.

Payment of the agreed deposit shall be deemed the binding acceptance of the offer. A contract shall only come into existence once monstertyres has confirmed receipt of the payment in writing. monstertyres is entitled to begin processing the order only after full receipt of payment.

Oral side agreements, amendments and assurances shall only be binding if confirmed in writing or in text form.

Unless otherwise stated, all prices are in euros. Unless otherwise agreed, payment shall be made in advance before the goods are made available.

In the case of sales, an advance payment may be agreed on the basis of an estimated quantity. Final invoicing shall be based on the quantity actually loaded or made available.

In the case of VAT-exempt export deliveries, statutory VAT shall be charged as security and refunded only upon presentation of valid proof of export.

If the buyer is in default of payment, monstertyres shall be entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate (Section 288 (2) BGB). The right to assert further damages for default and necessary legal enforcement costs remains reserved.

All payments must be made in euros. Bank charges, transfer costs and exchange-rate losses arising from international payments shall be borne exclusively by the buyer. A payment shall only be deemed received in full once the agreed amount has been credited in full and without deductions to the account of monstertyres.

All delivery times are approximate and non-binding. Since monstertyres collects used tires and does not manufacture them, market-related and seasonal fluctuations may affect availability. Binding delivery dates require an express written agreement.

Unless otherwise agreed, delivery shall be EXW (Ex Works) in accordance with the applicable Incoterms. The buyer is responsible for transport, export handling and all related costs and risks.

Any assistance provided by monstertyres in loading vehicles shall be solely a free service for the buyer.

The buyer shall be deemed the party responsible in customs and in fact for export handling unless expressly agreed otherwise. If the buyer chooses its own freight forwarder, the buyer alone shall be responsible for the customs declaration; in this case monstertyres shall not act as exporter and shall not be named in the export documents.

The buyer is responsible for compliance with all export control regulations, import regulations and other legal requirements of the destination country. Correct customs tariff classification of the goods in the destination country is the responsibility of the buyer.

Risk shall pass to the buyer as soon as the goods are made available for collection.

If the transport is organized by the buyer, risk shall pass to the buyer upon handover of the goods to the carrier.

Loading of vehicles by monstertyres is carried out solely as a service for the buyer. The driver or carrier remains responsible for checking the load and for compliance with all legal requirements regarding load securing. Sole responsibility for road-safe loading in accordance with Section 22 of the German Road Traffic Regulations (StVO) rests with the carrier.

By taking over the goods, the driver confirms that the vehicle is suitable for transport and that the goods have been taken over in proper condition.

Externally visible objections must be reported to monstertyres before departure.

monstertyres is entitled to refuse loading if the vehicle is obviously unsuitable for transport of the goods.

The customer must ensure that tires designated for collection are freely accessible and reachable without special hazards. Removal of tires from workshops, storage areas, yards or other areas shall take place solely as a voluntary service provided by monstertyres.

The customer is responsible for ensuring that its premises and the tire storage areas do not present any hazards to persons or vehicles. The customer warrants that it is authorized to hand over the tires.

Upon complete loading onto the vehicle of monstertyres, possession and title to the handed-over tires shall pass to monstertyres unless otherwise agreed.

In the case of collection and disposal services, the customer remains responsible until complete takeover and loading of the tires for accessibility, safeguarding of the goods, and safe access and loading conditions.

Risk in the tires made available for collection shall pass only upon complete takeover and loading onto the vehicle of monstertyres.

Until that time, monstertyres shall not be liable for condition, shortages, hidden foreign materials, or access and surrounding risks, unless monstertyres acts intentionally or with gross negligence.

Collection orders become binding for monstertyres upon receipt of the order unless expressly agreed otherwise.

If, on the agreed collection date, the goods announced for collection are not handed over in whole or in part, or are not made available in a condition fit for collection, monstertyres shall be entitled to charge the resulting expense separately, according to expenditure, but at least €1 per announced item quantity.

Side agreements, reservations, additions and amendments shall only be binding if confirmed in writing or in text form.

The customer must ensure that the tires made available for collection do not contain any foreign materials or other items that are not part of the agreed service. The customer shall be liable for damages or additional costs caused by foreign materials.

Where a fixed price has been agreed for taking over tires, this shall form the basis of invoicing. Where variable remuneration has been agreed, the current takeover conditions of monstertyres shall apply.

Classification, sorting and categorization of the taken-over tires shall be carried out by monstertyres on the basis of objective operational criteria.

The basis for invoicing shall generally be the quantity jointly determined. If the supplier or customer does not participate in determining the quantity, the quantity determined by monstertyres shall be decisive.

If the tires are made available in an unsorted manner or in a way that cannot be verified, the quantity determined by monstertyres shall likewise be the binding basis for invoicing.

Invoicing shall be based on the quantity actually taken over and the respective category of the tires taken over.

The buyer must inspect the goods without undue delay after receipt. Obvious defects, deviations in quantity, mix or category, as well as other recognizable objections, must be notified to monstertyres without undue delay, but no later than within two working days after receipt of the goods, in text form. Hidden defects must be notified in text form without undue delay after discovery.

Complaints must be documented in a comprehensible manner. Suitable evidence, in particular photos or videos of the complained-about goods, must be submitted upon request.

If the buyer fails to carry out the inspection or to give notice in due time, the goods shall be deemed approved in this respect, to the extent permitted by law.

The goods are used tires from collection and sorting as well as generic goods. Variations customary in the trade in brand, size, age, tread depth, visual condition and sorting composition do not constitute a defect. A process-related error rate of up to 5% shall be deemed in conformity with the contract unless expressly agreed otherwise.

The buyer’s statutory rights due to defects are excluded in commercial transactions involving used goods, to the extent permitted by law. This shall not apply in cases of intent, fraudulent concealment of a defect, assumption of a guarantee for the quality of the goods, or other mandatory statutory liability grounds.

If monstertyres acknowledges a complaint in an individual case, the obligation of monstertyres shall be conclusively limited, at monstertyres’ own discretion, to replacement delivery of individual tires or issuance of a corresponding credit note. Return or rescission of the entire delivery is excluded unless mandatory law provides otherwise.

Further claims of the buyer due to defects or complaints are excluded to the extent permitted by law.

Further provisions regarding quality and complaints in international trade in used tires are set out additionally in the Export Conditions for Used Tires.

Complaints in connection with collection, loading or other services provided by monstertyres must, in the case of recognizable defects, be notified without undue delay, but no later than within two working days after completion of the respective service.

Hidden defects must be notified without undue delay after their discovery.

Late complaints are excluded to the extent permitted by law.

The buyer warrants that the purchased tires comply with the import regulations of the destination country and are not classified as illegal waste under the EU Waste Shipment Regulation. The buyer shall indemnify monstertyres against all third-party claims or administrative fines arising from an incorrect legal classification in the destination country.

monstertyres shall be entitled to use authorized license partners, affiliated companies, subcontractors, vicarious agents or other third parties to perform its contractual obligations.

The use of a license partner or other third party for the actual execution of the order shall not in itself result in such party becoming the customer’s contractual partner. In such case, monstertyres shall remain the customer’s contractual partner.

monstertyres shall furthermore be entitled, after conclusion of the contract, to transfer a contract or individual rights and obligations thereunder to an authorized license partner, provided that this is objectively justified for logistical, capacity-related, location-related, export-related or processing-related reasons.

The customer hereby already agrees to such transfer, provided that the transfer is communicated to the customer in text form and the transfer is not unreasonable for the customer.

Upon receipt of the notice of transfer, the designated license partner shall replace monstertyres with regard to the transferred part of the contract. If a complete transfer is communicated, the designated license partner shall replace monstertyres in full as contractual partner.

From the point in time stated in the notice, the designated license partner shall be directly responsible vis-à-vis the customer for the further performance, invoicing and handling of the transferred part of the contract. Claims already arisen up to that point in time and claims for payment already due to monstertyres shall remain unaffected unless expressly communicated otherwise.

If the customer objects to the transfer without undue delay in text form, stating specific reasons why the transfer is unreasonable, monstertyres shall be entitled to continue performing the order itself, to appoint another license partner, or to withdraw from the contract with respect to the part not yet performed.

Any withdrawal from the contract or other termination of the contract by the customer after conclusion of the contract requires the express consent of monstertyres.

Instead of insisting on performance of the contract, monstertyres is entitled to agree to a cancellation of the contract in whole or in part.

In the event of a cancellation or termination by the customer accepted by monstertyres, monstertyres shall be entitled to claim liquidated damages as follows:

– within one week after order confirmation due to a change in delivery time of more than 20%: no liquidated damages;

– for other reasons within one week after order confirmation: 20% of the order value;

– after expiry of one week after order confirmation: 50% of the order value;

– for already prepared packages (triples/doubles): 100% of the order value.

Triples and doubles are customer-specific combinations.

Any deposit paid shall be credited against the liquidated damages.

The customer reserves the right to prove that monstertyres has suffered no damage or substantially lower damage. monstertyres reserves the right to prove higher damage.

The goods shall remain the property of monstertyres until all claims arising from the business relationship have been paid in full.

The buyer is not entitled to set off claims against claims of monstertyres unless the buyer’s counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by monstertyres. Any right of retention of the buyer is likewise excluded unless it is based on the same contractual relationship.

monstertyres shall be liable without limitation for damages caused by intent or gross negligence.

In cases of simple negligence, monstertyres shall only be liable for breach of essential contractual obligations; in this case liability shall be limited to the foreseeable damage typical for the contract.

Liability for damages arising from injury to life, body or health, under the German Product Liability Act, and under other mandatory statutory provisions remains unaffected.

To the extent permitted by law, liability of monstertyres for indirect damages, consequential damages and loss of profit is excluded.

Events of force majeure entitle monstertyres to postpone performance for the duration of the hindrance plus an appropriate restart period. Any demurrage or additional costs arising thereby shall be borne by the buyer.

Personal data are collected, processed and used exclusively within the framework of the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). Further information can be found in the privacy policy on the website.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the business relationship shall be Cologne, provided that the customer is a merchant.

monstertyres is entitled to amend these General Terms and Conditions with effect for future contracts and future business relationships if there is an objective reason for doing so, in particular due to changes in the legal situation, case law, market conditions or operational processes.

Changes shall not apply to contracts already concluded unless expressly agreed otherwise.

The current version shall be made available to the customer upon request.

These General Terms and Conditions may be made available in several languages. In the event of differences of interpretation or disputes, only the German version shall prevail and be legally binding.

Should any provision of these GTC be or become wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Standard Terms for License Partner Transactions within the monstertyres System

1. Scope of Application

These Standard Terms shall apply additionally to transactions within the monstertyres system insofar as an order is performed, assumed, supplied, collected, disposed of, recycled, or otherwise handled, in whole or in part, by an authorized license partner.

They shall apply in addition to the General Terms and Conditions of monstertyres and to any separate export conditions. Insofar as a license partner itself becomes the contractual partner of the customer or client, its own contractual terms shall apply additionally.

2. Use of License Partners

monstertyres shall be entitled to use authorized license partners for the actual performance of orders.

The use of a license partner for the actual performance of an order shall not in itself result in the license partner becoming the contractual partner of the customer or client.

3. Transfer of Orders to License Partners

monstertyres shall be entitled to transfer an order or individual parts of an order to an authorized license partner after conclusion of the contract, provided that this is appropriate for logistical, capacity-related, location-related, export-related, disposal-related, or other objective reasons.

The transfer shall be notified to the customer or client in text form.

Upon receipt of such notification, the named license partner shall replace monstertyres as contractual partner with regard to the transferred part of the order or, in the case of a full transfer, with regard to the entire order, unless the customer or client is notified otherwise.

4. Legal Consequences of the Transfer

From the notified date of transfer, the license partner shall be responsible for further performance, invoicing, handling of complaints, and all other processing of the transferred part of the order.

Claims already arising and receivables of monstertyres already due up to that point shall remain unaffected unless expressly stated otherwise.

5. Delivery, Export, Collection and Disposal

Insofar as a license partner acts within the scope of an export, delivery, collection, disposal, or recycling order, the contractual provisions applicable to the respective order shall apply accordingly also to performance by the license partner.

This applies in particular to provisions regarding:

used tires as goods originating from collection and sorting,

sorting, mixture and customary deviations in trade,

inspection, notice of defects and complaints,

loading, transport, export handling and customs,

provision, collection and storage costs,

foreign matter, accessibility, transfer of risk and invoicing in the case of collection and disposal services.

6. Communication and External Appearance

Employees may act within the monstertyres system for both monstertyres and license partners.

The decisive factor for the attribution of a declaration, confirmation, invoice, or other communication shall be the legal entity expressly named therein.

The use of a particular e-mail address, signature, or brand alone shall not be decisive if the acting legal entity is clearly identified in the communication itself.

7. Priority of the Expressly Designated Contractual Role

The decisive factor shall be which legal entity is designated to the customer or client as contractual partner in the respective offer, order confirmation, transfer notice, invoice, or other clear communication.

8. Language Version

These Standard Terms may be made available in several languages. In the event of differences in interpretation, only the German version shall prevail.