GTC

All contracts concluded between Siemoneit GmbH (hereinafter referred to as the provider) and the customer (hereinafter referred to as the client) are based on the following General Terms and Conditions (hereinafter referred to as GTC):

§ 1 Validity of the conditions

The deliveries, services, offers, licensing and license agreements as well as workshop services of SIEMONEIT GmbH (hereinafter referred to as SIEMONEIT) are based exclusively on these terms and conditions. These also apply to all future business relations, even if they are not expressly agreed again. The General Terms and Conditions apply to all business transactions, regardless of whether the business partners are merchants within the meaning of the German Commercial Code (HGB) or non-commercial customers. All other general terms and conditions, in particular the customer's terms and conditions of purchase, are hereby rejected, i.e. they are not recognized even if SIEMONEIT does not expressly object to them again. Deviations from these terms and conditions shall only become effective if SIEMONEIT RACING confirms them in writing.

§ 2 Recognition of the conditions

The customer acknowledges these terms and conditions by the possibility of taking note of them and in particular by opening secured packaging or by breaking license seals or information banderoles attached to the product, even if the customer only takes note of them with the delivery or service. In the case of services provided by SIEMONEIT which are aimed at the delivery, modification or adaptation of EDP or control data with or without modification of hardware, the customer expressly acknowledges the license terms contained in these conditions and undertakes to comply with them.

§ 3 Offer and acceptance

SIEMONEIT's offers are subject to change. The customer is bound to his order for 4 weeks. The declaration of acceptance by SIEMONEIT requires written or telex confirmation to be effective. This also applies to amendments, supplements and subsidiary agreements. These only become effective if SIEMONEIT confirms them in writing. Delivery and/or invoicing replaces the written order confirmation by SIEMONEIT. Due to the special nature of SIEMONEIT's services, the placing of the order by the customer also includes the authorization to carry out test drives with the customer's vehicle.

§ 4 Illustrations, descriptions, performance data and other information

Illustrations and descriptions in offers, brochures and publications of SIEMONEIT are used for general clarification and may be subject to change as technical data, as SIEMONEIT always endeavors to further develop its products in the interest of the customer and technical progress. Performance data, speed specifications, dimensions and weights, fuel consumption and economy data are only approximate values and are not binding. They do not constitute warranted characteristics unless they are expressly confirmed in writing in response to a contract-related request. Data specifications refer to reference vehicles, deviations in the respective buyer's vehicle are possible and SIEMONEIT is not responsible for them. SIEMONEIT is not liable for obvious mistakes, typing or calculation errors in the documents submitted by us. The customer undertakes to inform SIEMONEIT of such errors. This also applies to missing documents.

§ 5 Prices

Prices are gross ex SIEMONEIT plus packaging, shipping and freight insurance costs. The prices valid on the day of the conclusion of the contract are decisive. If there are more than 2 months between the conclusion of the contract and the delivery date, the list price valid on the day of delivery shall apply. For additional services and deliveries, the prices of SIEMONEIT valid at the time of the conclusion of the contract shall apply.

§ 6 Acceptance and acceptance of work and delivery services

The customer undertakes to notify SIEMONEIT in writing of any defects, faults and transport damage to the delivery item immediately after receipt of the goods and, in the case of sales shipment, also to the carrier. Visible differences in quantity must be reported to SIEMONEIT in writing immediately upon receipt of the goods, hidden differences in quantity no later than 2 days after receipt of the goods. When the purchased item is shipped to the buyer, the buyer must check the external integrity of the purchased item immediately upon receipt and make any corresponding complaints to the shipping company immediately upon acceptance. Upon receipt of a shipment that is already damaged on the outside, the customer is obliged to have the damage confirmed by a corresponding protocol or a damage report confirmation from the carrier. If this is violated, the customer's right to a new or subsequent delivery shall lapse.

The contracting party undertakes to accept the work within 8 days of notification of completion by taking over the vehicle from SIEMONEIT's workshop as being in accordance with the contract, unless he expressly objects to this at the time of taking over with reference to specific defects. The customer is in default of acceptance if he does not collect the vehicle within 8 days of notification of completion. If a vehicle is not collected after the deadline, SIEMONEIT may charge the usual local storage fees for the vehicle as demurrage in accordance with §1419 ABGB.

§ 7 Delivery - Delivery periods

The delivery dates communicated by SIEMONEIT to the customer are always non-binding, unless expressly agreed otherwise. SIEMONEIT shall only be in default of completion and/or delivery if it is responsible for the delay. SIEMONEIT reserves the right to make changes in form or design for technical reasons, provided that the work is not unreasonably altered for the customer as a result. No delay shall arise in the event of force majeure or labor disputes.

§ 8 Dispatch and transfer of risk

When shipping the ordered goods to the recipient, SIEMONEIT bears the risk of damage or loss only until the goods are handed over to the shipping company. SIEMONEIT reserves the right to choose the mode of shipment. When selecting the shipping company SIEMONEIT is only liable for gross negligence and intent. If the shipment is delayed for reasons for which the buyer is responsible, the risk of accidental or slightly negligent damage or accidental or slightly negligent loss of the goods is transferred to the customer as soon as the goods are ready for shipment. Any assumption of transportation costs agreed in individual cases shall have no influence on the transfer of risk.

§ 9 Special instructions - Acceptance

If SIEMONEIT services or the use of SIEMONEIT products result in changes to the performance data of vehicles, the general operating license of the vehicle expires. As a result of such modifications, the vehicle no longer complies with the requirements of the Motor Vehicle Act and may lose its insurance cover. In accordance with the statutory provisions, the customer is also obliged to notify the TÜV of any changes that have been made, to inform his motor vehicle insurance company and to arrange for a technical vehicle inspection. Special approval is required for the modified vehicle. If the customer nevertheless drives the vehicle on public roads, he does so at his own risk and peril. SIEMONEIT expressly assumes no liability for damage to the customer or third parties resulting from non-compliance with these instructions and the statutory provisions.

§ 10 Special notes - Warranty 

If parts supplied by us are defective, we reserve the right to replace them with new ones or to repair them. Unless otherwise agreed in writing, this warranty is limited to 6 months from delivery to the consumer. The prerequisite for liability is faulty design or defective workmanship. We shall only be liable for material defects to the extent that we should have recognized the defects if we had exercised professional care. The warranty is excluded if 

the consumer has already carried out unauthorized rectification work;

the parts supplied are used in motor sport competitions or similar events. For racing parts (which are short-lived high-performance products), our warranty obligation is limited to freedom from defects in the material of the brand-new part at the time of delivery in accordance with the respective state of the art. Deliveries of turbochargers or their repair, which are/were used for tuning or racing purposes, are always made to the exclusion of any warranty. In the case of telephone orders, reference to these GTCs is sufficient. 

Oil consumption does not have to correspond to the values specified by the vehicle manufacturer; it may be up to 30% higher for performance-enhanced engines. 

All parts that are the subject of a warranty claim must be sent to us free of charge. Warranty claims are only valid between the consumer and SIEMONEIT. A warranty between traders is generally - unless otherwise agreed in writing - excluded. If this regulation is in conflict with a claim, this regulation remains unaffected. The regulations according to §§ 433 to 435, 437, 439 to 443 as well as the obligation to give notice of defects according to §377 HGB apply. 

We provide a warranty for new vehicles delivered by us for a period of 12 months from the date of delivery, with no mileage limitation. The warranty covers the parts which - in deviation from series production - were the subject of replacement or processing and also parts of the chassis and transmission. For performance-enhancing measures on used vehicles, the vehicle/repair conditions - recommended by the Zentralverband des KFZ-Handwerks, Bonn - apply (will be sent by us on request), but our warranty here only covers the parts of the chassis and transmission installed or processed by us. The warranty is limited to the restoration of the functionality of the defective part. We are not liable for consequential damage (material or immaterial) or for damage caused by overloading. We are also not liable for increased wear and tear or for defects in wearing parts.

Ordered software or electronic performance enhancements and consumption optimizations are also paid in advance by resellers/resellers and are no longer to be exchanged, returned or taken back by SIEMONEIT in return for payment. In the case of electronic performance upgrades, we only offer returns if they are installed by us and our staff. Specially manufactured performance enhancements and consumption optimizations are also excluded from exchange or conversion. Copyright laws and data protection laws apply to all our electronic articles. The contents of the electronic data carriers remain our property even after the sale. 

Natural wear and tear or damage caused by culpable or improper handling or inadequate maintenance, e.g. driving without or with insufficient or incorrect engine oil, excessive service intervals, etc., are not covered by our warranty obligation. Claims for rectification of defects covered by warranty will only be recognized by us if they are reported in writing within 14 days of discovery. Warranty work will only be carried out in our workshop or by authorized partners named by us. Replaced parts must be sent to us for inspection and become our property. Minor repair work can also be carried out in another specialist workshop with our written consent. 

The warranty expires if

the maintenance work specified in the vehicle service booklet has not been carried out or has not been carried out properly or proof of this cannot be provided,

the instructions in the operating manual are disregarded,

the goods are used with software or hardware not approved by us (e.g. subsequent modifications to the vehicle),

the vehicle/goods are used for competitive driving or driving of a motorsport nature,

the vehicle / goods are technically modified / read out or copied in a manner not authorized by us. 

Claims for rescission or amendment of the purchase contract or reduction of the purchase price are excluded if we fulfill our above warranty.

§ 11 Cost estimates

Cost estimates are only binding if they are submitted in writing and are designated as binding. If it turns out during the work that the actual costs exceed the estimate by more than 10%, SIEMONEIT shall inform the customer accordingly. If the customer then cancels the order, SIEMONEIT may demand the part of the remuneration corresponding to the part of the work performed and compensation for expenses not included in the remuneration.

12 Retention of title

The subject matter of the contract remains the property of SIEMONEIT - even when installed - until all claims have been paid in full. As long as SIEMONEIT retains title, all changes to the detriment of SIEMONEIT, sales, pledging, transfer by way of security or other transfer of the subject matter of the contract to third parties are not permitted without the written consent of SIEMONEIT.

For the duration of the retention of title, the goods must be stored carefully and kept in perfect condition. The contractual partner must insure the relevant item adequately and transfer the rights arising from the insurance contract to SIEMONEIT. If the contractual partner does not fulfill this obligation, SIEMONEIT may take out the insurance at the expense of the contractual partner and charge the buyer with these costs.

In the event of default of payment or breach of the security obligations of the item, the surrender of the item may be demanded. After written advance notice with a reasonable period of notice, the object of purchase may be sold by private sale at the best possible price, with the proceeds of the sale being offset against the purchase price. If the seller demands the return of the object of purchase, the contractual partner is obliged to return the object to the seller immediately, unless the latter has a right of retention which is justified by the purchase contract. At the request of the contractual partner, an expert can be called in at his expense to determine the value of the item. The value thus determined shall be binding for the parties. 
All costs arising from the assertion of the retention of title and the taking back of the goods shall be borne by the contractual partner. If the delivered goods are destroyed, damaged or seized, SIEMONEIT must be notified immediately and, upon request, informed of the whereabouts of the goods.

§ 13 Terms of payment

Shipments are made against cash on delivery or prepayment. If shipments are delivered against invoice by special agreement, the invoice amount is due immediately upon receipt without deduction. If SIEMONEIT has carried out the repair of the vehicle, payment must be made in cash upon acceptance in accordance with § 6 of the GTC or within 8 days of notification of completion.

In the event of late payment, SIEMONEIT is entitled to charge interest of 2% above the Bundesbank discount rate, unless SIEMONEIT or the customer can prove that a higher or lower damage caused by the delay has actually occurred. The aforementioned interest rate can be applied without presentation of an interest certificate from SIEMONEIT's principal bank. If the customer does not perform within a reasonable period of grace, SIEMONEIT may assert the rights under § 1419 ABGB, in particular claim damages for non-performance. In all cases, the amount of damages shall be 15% of the agreed remuneration, unless SIEMONEIT can prove higher damages or the customer can prove lower damages. SIEMONEIT also has the right to choose whether to claim the outstanding agreed remuneration as compensation or to demand the return of the purchased item.

§ 14 Right of retention

SIEMONEIT is entitled to a right of retention and lien on the object which has come into the possession of SIEMONEIT on the basis of the contract. SIEMONEIT is entitled to realize the pledge by way of free sale. A written notice to the last address of the customer known to SIEMONEIT is sufficient for the threat of sale.

§ 15 Vehicle preparation

The services performed by the Provider shall be checked by the Provider together with the Client when the vehicle is handed over to the Client and jointly accepted. Complaints must be made immediately after the work has been completed. In the case of non-obvious defects, these must be reported to the Provider by the Client immediately after becoming aware of them. The provider has the express right to subsequent performance if the complaint is justified. If the supplementary performance fails, the client reserves the right to reduce the price or withdraw from the contract at his discretion.

Complaints must be recorded in writing by the client on site and immediately in the presence of the provider. No complaints can be accepted after the vehicle has been handed over and left the premises.

In the event of complaints that could relate to damage to the vehicle by the provider, the damage must be reported immediately after the vehicle has been handed over.

Claims for damages by the client against the provider are excluded, with the exception of

- Claims for damages due to liability of the provider for damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user
- Claims for damages due to liability for other damages based on a grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider.

In the event of damage to the paintwork caused by the Provider and originating from defective paintwork, e.g. due to stone chipping, paint flaking, poorly processed paintwork, repainting, scratches, etc., no claims for damages can be asserted against the Provider and its employees in accordance with these GTC.

Aggressive chemicals can easily be used on heavily soiled interiors with stains or marks. This can lead to color fading and deviations. If the client nevertheless wishes this work to be carried out, no claims for damages can be asserted against the provider and its employees in accordance with these GTC.

Liability for all damage to the vehicle that was already present on the vehicle in question prior to the vehicle preparation (e.g. body damage, scratches and dents, damaged rims, aerials, exterior mirrors, loose and damaged interior or accessories that were poorly or improperly fitted in advance, etc.) or that was increased by the work on the vehicle shall not be accepted in accordance with these GTC. If the customer nevertheless wishes this work to be carried out, no claims for damages can be asserted against the provider and its employees in accordance with these GTC.

Engine and engine compartment washes are only carried out on vehicles with perfect electrical seals. By placing an order for engine and engine compartment washing, the customer confirms that the electrical seals in the engine compartment and his vehicle are in perfect condition. In the event of failures, the provider assumes no liability in accordance with these GTC.

In the case of sensitive electrical components (e.g. alarm systems, car hi-fi, etc.), the Client is obliged to report these to the Provider in advance of the work to be carried out on his vehicle or to note this in writing, as otherwise no claims for damages can be asserted against the Provider in accordance with these GTC.

§ 16 Copyrights/documents 

SIEMONEIT holds the copyrights to the items supplied by SIEMONEIT, in particular tuning chips / tuning data sets with optimized engine control software, cost estimates, sketches, designs. Any reproduction, copying, reading out or making available to a third party for any purpose will result in an administrative fine of 7500 euros, which the customer undertakes to pay for each case of infringement, irrespective of any further claims for damages that may be asserted. SIEMONEIT shall store the documents submitted by the contractual partner without assuming any risk.

17 Place of performance and jurisdiction

The place of fulfillment for delivery and payment as well as the place of jurisdiction, including check, bill of exchange and dunning procedures, is the company's registered office in Stade. German law shall apply exclusively to contracts with non-foreign contractual partners.

§ 18 Invalidity of individual provisions

The invalidity of individual provisions shall not result in the invalidity of the entire contract. Wholly or partially ineffective provisions shall be replaced by such provisions that most closely correspond to the ineffective clause in fact and in economic terms.