Allgemeine Geschäftsbedingungen

1. definition
The General Terms and Conditions are the basis for business relations between the company Upscale Msdn Co. Ltd, hereinafter referred to as "AllcarTuning", and the contracting party. Whereby these conditions apply to both companies 11. HGB and consumers, hereinafter referred to as "customer".

2 Scope of the conditions
Deliveries, services and offers between AllcarTuning and the customer will also in the future be made exclusively on the basis of these terms and conditions. With the acceptance of delivery and service, the customer agrees to these conditions. Furthermore, the customer is obliged in the event of a resale to third parties of our products or vehicles with our products, to bring our terms and conditions to their attention.

3. offer conclusion of contract and resignation
Our offers are subject to change and non-binding. The customer is bound to orders or contracts for two weeks. For a resignation it requires a written confirmation by AlicarTuning.

4. delivery and performance
All delivery dates are non-binding, unless a fixed date has been agreed. Cases of force majeure relieve AllcarTuning of the obligation to deliver. Any increased time requirements due to unforeseeable assembly work AllcarTuning reserve. Compensation for non-delivery is not entitled to the customer.

5. prices
The prices of the last issued price list, or agreements plus the statutory VAT on the date of delivery and performance.

6. product
All data such as performance, consumption, speed are approximate values, which may be slightly below or exceeded, since the determined data comes from reference vehicles. which may differ from your vehicle. A liability is thereby excluded. The customer explains itself by the assumption of the vehicle. in agreement with the work performed on it.

6.1 Clarification for the customer
Therefore, we would like to draw your attention to possible consequences, in case of non-registration in the approval document:

 

• administrative penalty by district authority
• no insurance coverage
• no positive assessment in case of recurring assessment according to § 57a
• tax evasion

Furthermore, we point out that the installation of additional electronics (tuning chip) or software programming on motor vehicles has consequences.
These are:

 

• the installation of the additional electronics (tuning chip) or programming of the control unit leads to the expiration of the operating license for the agricultural machine,
• the operation of the agricultural machine in public road traffic without operating license leads to the loss of insurance coverage,
• the operation of an agricultural machine in public road traffic without sufficient insurance coverage constitutes a criminal offense,
• the installation of additional electronics (tuning chip) or programming of the control unit will result in the loss of warranty claims against the seller, as well as the warranty a

7 Warranty
The warranty on the software or hardware installed by Allcar Tuning is 24 months from the date of installation. As far as new vehicles by installation of the tuning chip / software change the factory warranty granted by the original manufacturer, Allcartuning for its part, the aforementioned warranty does not apply. (An engine warranty can be concluded for an additional charge). The customer was informed that by changing the performance data, the operating license of the vehicle expires, this change should not lead to a new TÜV - certificate (which is available at the company Allcar Tuning for most vehicles for an additional charge) again to the operating license, this vehicle has no approval according to StVO and may only be used in motor sports. The buyer is explicitly informed about all, in connection with the performance increase higher stress on the engine, turbocharger, transmission, axles all moving parts, etc., and the resulting possibly shorter life (as well as exhaust gas changes, legal implications and higher taxes and insurance classification) by the company Allcartuning immediately before the implementation or purchase fully and in detail. The customer is obliged to report the extra performance to his insurance company.

7.1 Warranty for resale
Allcar Tuning does not provide any warranty or guarantee on the vehicle where this tuning software is installed. This is the responsibility of the dealer who installed the software. The dealer also has the care to inspect the vehicle beforehand and to check for any defects.

8. reservation of proprietary rights
The delivered goods remain the property of Allcar Tuning until full payment.

9. terms of payment
Immediately upon receipt of invoice without deduction.

10 Copyright
All products delivered and used by Allcartuning such as software, hardware of control units, but also the corporate design may not be copied or imitated. This triggers a penalty in the amount of EUR 25.000,--.

11. place of jurisdiction
The place of jurisdiction is Cyprus.

12. final clause
Should any provision of these General Terms and Conditions or any provision of any other agreement be or become invalid, this shall not affect the validity of any other provision or agreement. In place of the invalid provision, the parties undertake to set such a provision, which comes closest to it economically.