General terms of business
Chiptuner Datenbank Ralf Neumaier (vendor) will only enter into the contract under the subsequent terms, constituent to every contract. Terms and conditions of other contractual partners are explicitly vetoed respectively excluded.
The purchaser is bound to his offer for 14 days. If no order confirmation is effected within the 14 days, the contract is deemed as not concluded unless the merchandise was dispatched.
2. Scope of delivery
The vendor provides a programmed tuning-chip respectively the tuning software or other electronic components. The vendor undertakes the installation unless something else is stipulated. The buyer is not entitled to the instructions for the chip’s programming or reprogramming.
3. Terms of payment
Prices are to be understood on collection at the vendor’s company headquarters.Delivery charges are quoted additionally. The purchase price is due upon delivery at the latest, and can be charged C.O.D. (cash on delivery) as well. Ownership of the merchandise, programming delivered shall remain with the vendor pending full payment. The same applies for the installation of hardware in the control unit (extended reservation of ownership). Even after transfer of ownership the buyer is bound to the intellectual property – and other trade mark rights of third parties as well. On default of payment the vendor is entitled to charge default interest in the amount of 2% above the respective prime rate of the German Central Bank, but insofar that a further damage caused by default will be excluded. The buyer is at liberty to produce proof of the contrary that an actual damage was minor or didn’t occur at all. Offsetting towards the vendor’s pecuniary claims is excluded, unless the buyer’s counterclaims are determined indisputable or legally valid. Provided the purchaser is a merchant and the contract is operational part of his mercantile trade, the preceding section also applies accordingly to retention of goods.
4. Delivery date
All specifications regarding delivery times within the vendor’s general information are non-binding and do not constitute a quotation in the legal sense. The delivery date stated on completion of the contract is solely estimated and can be exceeded by 6 weeks. If the purchaser sends a reminder about goods and services, the vendor then defaults after expiration of the deadline, unless the manufacturing method or nature of the ordered goods justifies a further extension of time due to its design. In that case the vendor is obliged to announce the period of delay immediately. Compensation claims of the purchaser and other damage caused by delay are excluded insofar, unless the delayed delivery is due to premeditation of the vendor.
5. Passing of risk
Shipment, respectively installation is effected at purchaser’s risk. Place of fulfilment is the vendor’s place of business. If the purchaser refuses to accept the delivered goods, the vendor is entitled to compensation for failure. In all cases the purchaser is obliged to compensation for failure; the vendor is entitled to charge a lump sum for indemnity in the amount of 25% of the invoice value excluding VAT, without the requirement to prove the actual resulting damage. Enforcement of a higher damage remains unaffected, insofar as the same is verifiable.
It remains at the purchaser’s liberty to rebut whether an actual damage is less substantial or hasn’t occurred at all.
The vendor is only liable for premeditation. The vendor’s liability for transport – and shipment damages is explicitly excluded. Likewise the vendor is also not liable for installation damages not executed by the vendor. The vendor is only liable for the functionality of the tuning chip or other electronic components on dispatch. The purchaser is aware that the use of a tuning chip or components which increase the output, might result in expiry of the operating licence and the vehicle must therefore not be used in road traffic anymore. (For a surcharge the modification can be charted in the motor vehicle registration certificate) The vendor assumes no liability for damages due to the integration of the tuning chip or other components which increase the output of the vehicle. Likewise the vendor assumes no liability for immediate or secondary damages to the engine or the complete vehicle, which could occur due to the tuning chip or other electronic components. Any claims of the purchaser for default in performance of contract are equally excluded insofar that premeditation on the vendor’s part is not substantiated.
The warranty for delivered soft- and hardware is 24 months from the date of shipment or installation by the vendor. Provided the manufacturer’s warranty for new vehicles granted by the original producer ceases, the vendor on his part does not assume aforementioned warranty. (For a surcharge an engine warranty can be negotiated) A warranty in case of self-installation by the purchaser requires that the buyer installs the tuning chip appropriately or has it installed. If the chip is destroyed due to incorrect installation, warranty is foreclosed. The tuning chip may only be used for the vehicle and engine (control unit) stated by the purchaser. The uprating data refers to engines which correspond to the average value of the manufacturer’s standard and series-production standard. Errors in the software are to be defined and the vendor is to be given adequate time for rework. The software is to be provided to the vendor. The software must not be copied or otherwise reproduced. The software must not be modified as well. Software modification by the buyer/purchaser entails the termination of any warranty claims.
However, should the tuning software be overridden during maintenance work, a tuning support free of charge in Lahr is guaranteed, the same applies for retrofitting.
It is strictly prohibited to copy, reproduce or further process content of any kind without prior written authorization by Chiptuner Datenbank Ralf Neumaier, Kippenheim. Despite the paid flat rate user fee, incorporation of the database is solely permissible for the licensed website. All information within the scope of the Chiptuner database is without engagement. Any violation of these regulations result in the immediate deactivation of the account. Further legal steps remain reserved.