Responsible:
BP-TUNING
Scheiber Gerhard
Josef Heiss St. 48
6134 Vomp
ATU 57719446
+43 650 6800202
Responsible for the page: Scheiber Gerhard
Contact
Telephone: +43 650 6800202
E-Mail: office@chip-softwaretuning.at
Jurisdiction Schwaz
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General Terms and Conditions BP tuning
BP Tuning (BPT)
in the following called "BPT"
1. Scope:
BPT deliveries, services and offers are made exclusively on the basis of individual contract regulations and these terms and conditions. Individual contract regulations (in particular a signed order for the implementation of a software optimization) always take precedence over the general terms and conditions, ie in case of overlapping of the regulated facts the individual contract regulation applies. The terms and conditions apply to all future business relationships of the contract, even if they are not explicitly agreed again. At the latest with the receipt of the goods or services, these terms and conditions are considered accepted. Counter-confirmations of the client with reference to its own terms of business or purchase are hereby expressly contradicted. Such conditions do not obligate us even if we do not contradict them once again.
2. Contract conclusion:
BPT purchase contracts and other orders come about by accepting the declaration of intent of the client. A written confirmation by us is therefore not required. All agreements made between the client and us to execute a contract must be recorded in writing. Verbal agreements are considered as not met.
The order authorizes us to subcontract and carry out trial and transfer trips. Liability for damage caused by slight negligence is expressly excluded in this context.
Our employees are not authorized to make side agreements or assurances. We exclude all claims based on appearances or acquiescence against us.
3rd prize, price changes:
All BPT prices are gross including VAT (currently 20%).
The prices do not include packaging and freight. Spare parts and accessories are delivered by us only against prepayment.
Insofar as there are more than 6 months between the conclusion of the contract and the agreed or actual delivery date, the prices valid at the time of ordering or provision shall apply.
4. Delivery and service times:
Announced delivery dates are deemed to be approximate only if no fixed transactions have been expressly agreed in writing. If an agreed delivery date is exceeded by more than 3 weeks, the client may set a grace period of 3 weeks in writing and withdraw from the contract after its expiration. Delays in delivery and performance due to force majeure and events that make our delivery considerably more difficult or impossible - in particular strikes, lockouts, official orders, etc., even if they occur with suppliers - are not included in bindingly agreed deadlines and deadlines to represent.
We are entitled to partial deliveries and partial services at any time; Partial deliveries can also be charged separately.
5. Transfer and transfer of risk:
With the transfer to the client, the work is considered as taken over. The client agrees by taking over the vehicle, agree with the work done. With the transfer, the risk is transferred to the client.
The client shall be in default of acceptance if he has not picked up the object of the order within one week after notification of the completion and delivery or sending of the invoice.
In case of default of acceptance we can charge the usual local storage fee (for vehicle € 15,00 per commenced day are agreed). The item can also be stored by third parties. Proven higher costs and dangers of storage or related actions are always at the expense of the client. This also applies to the accidental sinking of the thing. Any further claims for delay remain unaffected.
6. Tuning:
Changes to the vehicle, which represent an interference with the system manufactured by the car manufacturer as standard, are only carried out on behalf of the customer.
The client has been advised that by changing the performance data of the operating license of the vehicle expires. If this change does not lead to the operating permit again by a new TÜV certificate, this vehicle has no approval according to StVO and may only be used in motorsport. The customer is expressly above all, in connection with the increase in performance of higher demands on the engine, turbocharger, gearbox, axles, all moving parts, etc. and the resulting shorter service life (as well as emissions, legal effects and higher taxes and insurance classifications) of We were informed in full and in detail immediately before implementation. The client is obliged to report the additional benefit of his insurance.
For these circumstances, their possible consequences, in particular for the associated costs, we assume no liability.
The client acknowledges this and waives the assertion of any claims from a tuning.
Performance and torque specifications may vary up to +/- 8% from the manufacturer's specifications, without this justifying any claim of the customer against us, as such fluctuation margins are common.
7. Liability for any damage, consequential damage or product liability:
It is expressly pointed out that we assume no liability for any damage or consequential damage (eg damage to the installation, engine damage, gearbox damage, coupling damage, drive damage, etc.). A liability for damages according to the Product Liability Act or other claims derived liability claims for damage to the vehicle or other objects or persons are excluded.
8. Retention of title:
Until the fulfillment of all claims, which we have the right to claim against the customer now or in the future, we reserve the ownership of the delivered goods. The client may not dispose of the goods delivered under retention of title.
In the case of access by third parties - especially bailiffs - the customer must point out the goods delivered under retention of title and we must be informed immediately so that we can enforce our property rights. The client is liable for any costs associated with such access.
In case of breach of contract by the client - especially in case of default of payment - we are entitled to take back the goods delivered under reservation of title at the expense of the client. The withdrawal as well as a seizure of the goods delivered under reservation of title is not to be regarded as a withdrawal from the contract, unless it is, we decide expressly for a resignation.
9. Payment terms and own claims:
Our employees are not eligible for cash collection. Payments can be made with debt-discharging effect only directly to us or to a bank account we have disclosed.
Invoices are to be paid without special agreement within 14 days from date of invoice without deduction. Invoices for used items, repairs, conversions, spare parts and accessories are to be paid immediately.
Despite the contrary provision of the client, we are entitled to first offset payments against his older debts; the client was informed about the type of settlement. If costs and interest have already arisen, we are entitled to offset payments first against costs, then against interest, and finally against the main service.
The payment is considered to be made only when we can dispose of the amount. The rejection of checks or bills of exchange we reserve ourselves expressly. Acceptance is always only as payment; Discount and bill charges are charged to the client and are due immediately. In the case of checks, the payment is only made when the check is cashed.
If the customer is in default of acceptance or payment, we are entitled to demand default interest in the amount of 8% above the respective discount rate of the Austrian National Bank.
If we become aware of circumstances that call into question the creditworthiness of the client, in particular if a check is not honored or the client has suspended payments, we are entitled to call in the entire remaining debt. In this case, we are also entitled to demand advance payments or security deposits.
In the event of default of acceptance or withdrawal of the customer from the order placed, we can further prove, at our discretion, either the damage actually incurred and assert this or a flat-rate claim for damages in the amount of 20% of the order sum against the customer.
The client is not entitled to set-off, retention or reduction, even after the complaint has been made or the counterclaims asserted.
10. Quality, illustrations, descriptions, performance data and other information
If certain properties are not required, products of merchantable quality will be delivered. Illustrations and descriptions in offers, brochures and publications of BPT are used for general purposes and may be subject to change as technical data, as BPT always endeavors to further develop its products in the interest of the customer and technical progress. Performance data, speed data, dimensions and weights Fuel consumption and saving data are only approximate values and are not binding. They do not constitute guaranteed properties unless they are expressly confirmed in writing on a contract-related request. Data refer to reference vehicles, deviations in the respective buyer vehicle are possible and not responsible for BPT. In the case of obvious errors, typographical errors or miscalculations in the documents submitted by us, there is no liability for BPT. The customer undertakes to inform BPT about such errors. This also applies to missing documents.
11.Copyright
The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics or texts in other electronic or printed publications is not permitted without the express consent of the author.
12. Place of performance and jurisdiction
Place of fulfillment for the delivery and payment as well as place of jurisdiction including check, bill of exchange and reminder procedure is the seat of the enterprise in Schwaz. For contracts with non-Austrian contractual partners, the Austrian law applies.
13. 5 years update warranty
Is a purely Kulante guarantee.
Our 5 year update guarantee applies to all chip tuning and software tuning that we have carried out in our company. This Refurbishment and Update Guarantee is valid once within 5 years. We reserve the right to refuse the 5 year update and refurbishment warranty at any time without giving any reason. First implementation site is not the same as update and retrofit location. This service is not local.
Others:
Should a provision of these GTCs or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions and agreements (severability clause).
For these terms and conditions and the entire legal relationship between the parties is exclusively Austrian law. For all disputes arising directly or indirectly from the contractual relationship, the district court of Freistadt or, if the value limit of the jurisdiction of the district court is exceeded, the district court of Linz is agreed as the exclusive place of jurisdiction.
Collateral agreements are only deemed to have been made if they have been recorded in writing.
Conditions 4/2018 by BP-Tuning