§1 Usual Conditions
The deliveries, procedures, offers as well as factory services of Competence Tuning IT GmbH are entirely based on these conditions. These conditions apply to all future customers, also when not particularly stipulated. The general terms and conditions apply to all business handled, no matter if the customer is a tradesman according to the commercial code or a private customer. All other general terms and conditions are excluded. All changes of our general terms and conditions will be send to our customers’ address in case of complaint and start to apply within 14 days.
§2 Accepting the Terms
The customer accepts these conditions when opening sealed boxes or other goods even when the customer becomes aware of these conditions at the delivery of a particular service. If the customer makes use of a service provided by Competence Tuning IT GmbH including deliveries, adjusting Engine Control Units or particular data on the Unit, with or without modification of hardware products, the customer additionally accepts our terms of licence and agrees to obey them.
§3 Offer and Acceptance
The offers by Competence Tuning IT GmbH are without engagement. The customer is bound to the order or contract for 4 weeks. The acceptance of an order requires written confirmation which is also valid when subject to change or additional agreements. All additional agreements only apply when confirmed by Competence Tuning IT GmbH. Delivery and receipt replace written confirmation by Competence Tuning IT GmbH. Due to the particular service provided by Competence Tuning It GmbH the customer accepts the company to carry out road tests when accepting the order.
§4 Quality, Figures, Description, Output Data and other Information
If special characteristics are required the service will be performed in standard quality. All technical figures, descriptions in advertisement and brochures by Competence Tuning IT GmbH are used for general illustration and may be subject to change since Competence Tuning It GmbH constantly strives to improve technical procedures and adapt them to customers’ needs. Power output, speed data, measures, weight and fuel consumption are only to be considered as approximated value and are non-binding. These data are only binding if exceptionally stipulated in a written contract. All data is based on tested standard factory vehicles which may vary because of the spread for factory models. Therefore, Competence Tuning IT GmbH can not guarantee for the provided data for all vehicles. Competence Tuning is not liable for any misprints and calculation errors which might occur in our documents. Customers are obligated to inform Competence Tuning It GmbH about such errors. This also applies if particular documents are missing.
§5 Prices
All our prices are quoted ex Competence Tuning It GmbH, not including packaging shipping, shipping insurance and taxation. Usually, prices are valid which are agreed on at the conclusion of the contract. If there are more then 4 weeks between the conclusion of the contract and delivery, listed prices apply which are valid at that particular date. Additional services and deliveries may be charged extra and apply to the conditions agreed on at the conclusion of the contract with Competence It GmbH.
§6 Receiving and Accepting Products and Deliveries
The customer is obliged to complain about mistakes or any damage caused during delivery in written form to Competence Tuning It GmbH and the delivery agency right after receiving a particular good. Visible difference in quantities are to be rejected at delivery, invisible differences in quantity are to be returned 2 days after delivery at the latest. After receiving a good by Competence Tuning It GmbH the customer obliges him/herself to immediately check whether the package is visibly damaged and fill in a claim if so. The customer agrees to have the damage confirmed by the delivery agency. If the customer fails to meet these requirements he/she is denied the right to obtain a new product. If the customer accepts a vehicle at the company’s garage the contract is considered to be concluded with the only exception that the customer objects to do so because of any visible damages on the vehicle. Competence Tuning It GmbH charges a standard fee if the vehicle is not picked up 8 days after the customer has been notified of its completion. Cancellation of order and returned goods are only accepted after written confirmation of Competence Tuning IT GmbH. If the cancellation of order is accepted Competence Tuning IT GmbH charges 15% of the size of the order. Returning goods will be at the customer’s expenses. Returned goods will only be accepted if they are in original packaging and can be sold as new.
§7 Deliveries – Terms of Delivery
The delivery date notifications given by Competence Tuning IT GmbH are non-binding, except when otherwise stipulated. Competence Tuning IT GmbH is only considered to be behind schedule when the delay is agreed to be grossly negligent; except for technical procedures and changes of the way of installation, but only if the service does not affect the customer’s requirements in a negative way. The company is not considered to be behind schedule if there are any acts of nature beyond control or employees on strike.
§8 Shipping and Passing of the Risk
When shipping an item Competence Tuning IT GmbH only takes on the risk of possible damage caused to the item until it is passed on to the delivery agency. The choice of the delivery agency is Competence Tuning IT GmbH’s responsibility. If the shipping is delayed due to customer’s responsibility, the customer will take on the risk of damage caused to the item as well as grossly negligent behavior already at the acceptance of the order. Delivery costs are at customer’s expenses. In particular cases Competence Tuning IT GmbH covers the costs, which, however, has no influence on taking on the risks mentioned.
§9 Special Provisions – Technical Inspection Agency - Homologation – Certificates
If you use any products by Competence Tuning IT GmbH which affect the power output of your car, the general operating licence is not valid any more; the car does not conform to the official data given by the manufacturer, which has to be taken into consideration when issuing new or maintaining already issued insurance contracts. According to the law the customer obliges himself to notify the homologation office as well as the insurance company about various modifications done to the customer’s car; in particular cases official approval and homologation for road service might be required. If the customer does not fulfil these requirements he/she will take on the risk. Competence Tuning IT GmbH explicitly excludes liability for all customers who do not fulfil official requirements and is certainly not liable for any damage caused by customers. If a customer orders a certificate or any other technical report which are necessary for homologation procedures, Competence Tuning IT GmbH does not guarantee for the customer’s vehicle to pass homologation requirements set by the Technical Inspection Agency or any other technical institution. The certificate must not be seen as an engine- or vehicle guarantee, or any other approval guaranteeing that the product or service is accepted in the customer’s country.
§10 Special Provisions – Warranty
The customer accepts and acknowledges the fact that all services and products by Competence Tuning IT GmbH as well as all modifications done to the car, the engine or the engine control unit (ECU) lead to an increase in the power output of the customer’s car. We would like to point out that the engine and any other components of the engine may be subject to increased force due to performance enhancement, which might lead to additional mechanical wear of the customer’s vehicle. In particular, overstraining and continuous output, but also the maximum speed increase based on the tuning, may have an effect on the life span of the engine, its components, and any moving parts (axles, shafts, gear box, etc…).
§10 Continuing
We like to point out that performance enhancement and any other modification done to a car may lead to exclusion of manufacturer warranty. Therefore, Competence Tuning IT GmbH offers the possibility to issue an additional warranty for customers’ cars. Competence Tuning IT GmbH issues warranty for 36 months including free milage valid from the day of the conclusion of the contract. Additional claims of customers, particularly concerning the ECU, engine or any other components of the car, installation fees, as well as damages which have nothing to do with the delivered items or services (such as consequential damages of material or immaterial kind) are, as far as legal procedures allow, excluded. In addition, consequential damages due to default in performance of contract or warranty claims within the legal framework are excluded. This particularly applies to customers who want to claim loss of use and rental car costs. The warranty covers all parts, which are agreed to be damaged by Competence Tuning It GmbH, and are replaced free of cost in their garage in Graz. Replaced parts become property of Competence Tuning IT GmbH. Competence Tuning IT GmbH issues warranty for all parts which are replaced during the repair of deficiencies until the expiration of the warranty period. The customer obliges himself to notify Competence Tuning IT GmbH in written form about any damages. After a particular damage has been discovered the customer immediately allows Competence Tuning IT GmbH to repair it. If it is not possible to repair the damage due to any possible reasons the contracting party may require a change or reduction of the average contracted value. Claiming replacement does not apply for car tuning services due to significant characteristics of the business. The contracting party is, hereby, notified that the modification of the original ECU data, causing an increase in power out, may lead to additional mechanical wear of the engine. Competence Tuning IT GmbH is only liable for any damage which is caused by any parts that are not correctly installed by Competence Tuning IT GmbH. When installing a new chip in the ECU Competence Tuning IT GmbH is only liable for any damage that is caused by defects in the chip. Competence tuning IT GmbH is not liable for any damage which is caused by mechanical load. In addition, Competence Tuning IT GmbH is not liable for any damage caused to other parties due to inappropriate handling, installation, mechanical wear, unpredictable acts of nature, wetness, and heat or cold. The customer needs proof of defectiveness of all installed parts by Competence Tuning It GmbH. Competence Tuning It GmbH is not liable for any consequential damages if they are based on: a defect caused by any parts installed by Competence Tuning IT GmbH when not immediately been given the opportunity to repair the defect par; not taking into consideration the maintenance instructions; any installation of components which are not approved by Competence Tuning IT GmbH; various components being replaced by other parts from different cars. Competence Tuning IT GmbH is not liable to any replacement according to the PHG or other regulations concerning liability claims based on damage to vehicles or persons. The customer obliges him/herself to notify the future owner of his/her car about the performance enhancement and informs him/herself about the general terms and conditions of Competence Tuning IT GmbH. The customer agrees to not appeal against a decision because of errors or abbreviations.
§11 Quotations
Quotations are only binding when confirmed as such in written form. If Competence Tuning IT GmbH realizes during modification that the costs will exceed the quotation by 10%, the company will inform the customer about the issue. If, in that case, the customer withdraws from the contract, Competence Tuning IT GmbH is eligible for reimbursement concerning the work already completed and additional expenses.
§12 Reservation of Proprietary Rights
The subject of the contract remains – also already installed – property of Competence Tuning IT GmbH until reception of payment by the customer. During sale of property, pledging of goods, transfer by way of security, and any other transfer of goods Competence Tuning IT GmbH reserves property rights for the subject of the contract as long as payment is completed. As long as Competence Tuning IT GmbH reserves property rights the subject of the contract needs to be handled with care and kept in good order and condition. The contracting party is obligated to insure the subject of the contract in an appropriate way and assign the rights to Competence Tuning It GmbH. If the contracting party does not fulfil this obligation, Competence Tuning IT GmbH is eligible to contract insurance on the contracting party’s expenses. During delayed payment or neglecting the obligation to keep the subject of contract in good order and condition Competence Tuning IT GmbH may require the subject of contract to be delivered. After advance notification and being aware of deadlines the subject of the contract may be used when proceeds of sale from the initial price is included. If the seller is required to hand over the subject of the contract, the contracting party is obligated to do to so unless he/she possesses the right of retention confirmed in the written contract. The contracting party may require a motor vehicle expert, to estimate the property value, on their own expenses. The estimated value is to be accepted by both contracting parties. All expenses based on the assertion of the right of retention as well as returning the subject of the contract need to be covered by the customer. If the shipped items are destroyed, damaged or pledged the contracting party obliges him/herself to notify Competence Tuning IT GmbH and pass information concerning the items whereabouts.
§13 Conditions of Payment
Shipping requires advanced payment transactions or cash payments at delivery. If shipping is completed and the receipt has been handed over, the amount is to be paid without any reductions right on the spot. If Competence Tuning IT GmbH has completed the modification process, the customer is obligated to pay the open amount right away according to §6 of the General Terms and Conditions or the latest within 8 days after notification. If there is a delay in payment Competence Tuning IT GmbH may charge 12% interest. This amount is set by Competence Tuning IT GmbH and does not require interest confirmation by their bank. If the customer does not pay within a certain period, Competence Tuning IT GmbH may sue the customer for damages. The claim for compensation comes to at least 15% of the agreed payment, except for there is more damage done to Competence Tuning IT GmbH. Any dunning charges are on the customers expenses. In addition, Competence Tuning IT GmbH possesses the right to claim compensation for the agreed payment or requires the subject of the contract to be returned.
§14 Right of Retention
If the subject of a contract becomes property of Competence Tuning It GmbH, the company possesses the right of retention and to seize possessions. Competence Tuning It GmbH also possesses the right to sell the subject of the contract if necessary. If Competence Tuning IT GmbH decides to sell the subject of the contract a written notification is send to the customer’s address known to the company.
§15 Copy Right/Documentation
Competence Tuning IT GmbH possesses the copy rights for all delivered items, especially enhanced vehicle chips, quotations, figures, and drafts. Imitating, copying of data and authorizing use to third parties lead to a fixed penalty which comes to EUR 10.000,00 per offence and is to be paid by the customer no matter what other claims for compensation rest on him/her. Competence Tuning It GmbH stores all customers’ documents without accepting any risk.
§16 Place of Execution and Court of Jurisdiction
Place of execution and court of jurisdiction including check, change and reminder proceedings are situated in Graz. If business is handled with other countries, the Austrian law applies.
§17 Ineffectiveness of particular Conditions
The ineffectiveness of particular conditions does not lead to the ineffectiveness of the whole contract. Ineffective conditions, partly or on the whole, need to be replaced by others which are similar in content and more efficient concerning the subject of the contract.
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