General terms and conditions of business
1. GENERAL
We, the company HERBO Tuning, call ourselves "service provider" for the sake of simplicity.
We refer to you, our customers, as “customer” in our general terms and conditions to ensure legibility.
For all business relationships between the service provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order confirmation. Deviating conditions of the buyer do not apply, even if the seller does not expressly contradict them.
2. SCOPE OF TERMS
The following terms and conditions for deliveries, services and offers continue to apply between the service provider and the customer. Furthermore, the customer is obliged, in the event of any resale to third parties, to indicate the services provided and to bring our General Terms and Conditions to their attention.
3. OFFER AND CONCLUSION OF CONTRACT
As soon as the customer has given the company the information relevant to the tuning measure, the company sends or hands over a binding offer (individual contract for the tuning measure) to the customer.
4. PERFORMANCE AND DATE OF PERFORMANCE
The corresponding dates for performance optimization are non-binding, unless a fixed date has been agreed with the customer.
Cases of force majeure release the service provider from the obligation to provide services. In these cases, the customer is not entitled to compensation.
5. PRODUCT/SCOPE OF SERVICE
All information such as performance, consumption and speed are approximate values, which may be slightly below or above. These deviations can arise because the data determined comes from reference vehicles. Liability is thereby excluded. By accepting the vehicle, the customer agrees to the work being done on it.
The subject of the contract is a programmed data set or other electronic measure for motor vehicles as well as the corresponding installation and coordination with the engine of the customer's vehicle and, if necessary, additional body tuning measures. Content and scope depend on the offer and the individual tuning contract. The delivery of the data record or other electronic measure is based on the state of the art without guarantee of a perfect function in the vehicle described by the customer.
6. SERVICE CHANGES
The customer is permitted to request changes to the content and scope of the services (also for services that have already been provided). The service provider will determine the time delays and the additional effort caused by the changes and the parties can agree on a contract adjustment. If there is no agreement between the parties, the service provider has the right to reject the change request. All performance changes are pre-executed in a oral (in person or by phone) or written agreement, in which in particular the remuneration and any changes in the course of time are written down.
7. DISCLAIMER OF WARRANTIES
The customer is expressly informed and acknowledges that the use of the vehicle/delivery item modified by the company according to individual tuning measures leads to a change in the vehicle's operating data. The service provider is not liable for damage that occurs on / in the vehicle due to increased performance or chip tuning as well as test bench measurements and test bench drives.
7.1 The customer is informed and acknowledges that the services, products, tuning measures offered by the service provider and the changes made to the vehicle, the engine and the control unit or the control data as part of the tuning lead to a change in the performance data of the customer's vehicle.
7.2 The customer is informed that the engine and possibly also other vehicle assemblies and vehicle parts are exposed to higher stress and strain due to the performance optimization and that, for physical reasons, this can lead to greater wear and tear on the customer's vehicle. In addition, overstressing and continuous performance, as well as the increase in the maximum speed of the customer's vehicle achieved through tuning, can also affect the service life of the engine. The corresponding speed class of the tires must also be observed.
8. IMPORTANT NOTICES
8.1 Operating Permit Notice
Software optimization or the installation of additional electronics (tuning chip) will invalidate the vehicle's operating permit.
The customer alone is obliged to find out about the approval requirements required for performance optimization from the relevant authorities and to obtain them if necessary.
Responsibility for converted vehicles or their parts lies with the customer, so any claims against the service provider due to a lack of approval by the TÜV are excluded.
8.2 No Insurance Coverage
The customer is advised that using the vehicle without an operating license will result in the loss of insurance cover. In addition, a different car insurance classification may be possible due to changes in the performance data. The customer is therefore obliged, in addition to obtaining the operating license or corresponding permits, to report the additional benefit to his insurance company. Operating a vehicle without adequate insurance coverage is a criminal offense.
8.3 Motor Vehicle Tax
The change in exhaust emissions may result in higher vehicle taxes. The changes must therefore be reported accordingly.
8.4 Claims against the manufacturer
Software optimization and the installation of additional electronics (tuning chip) mean that warranty claims against the seller and warranty claims against the manufacturer are no longer applicable.
8.5 Lease Vehicles
The customer is expressly advised that - insofar as it is a leasing vehicle - a change in the performance data of the vehicle also represents excessive wear and tear on the leasing vehicle that is contrary to the contract, even if it is only used temporarily, without any significant extent and is canceled again when it is returned .
9. ADDITIONAL INSURANCE OPTION
As a service provider, we offer the customer the option of concluding an additional insurance contract with our insurance partner NSA for a surcharge. This insurance option is a non-binding offer that the customer can also take out. In these cases, guarantee cases are processed exclusively between the insurance partner “NSA” and the customer (see alsowww.nsagarantie.ch).
10. RESERVATION OF TITLE
The object of purchase remains the property of the service provider even when installed until full payment has been made. As long as our retention of title exists, any change to our disadvantage, sale, pledging, transfer by way of security or other transfer of the object of purchase to third parties is not permitted without our written consent. For the duration of the retention of title, the customer must carefully store the delivered items and keep them in perfect condition, he must also insure them adequately and transfer the rights from the insurance contract to us. If the customer does not meet this obligation, we can take out insurance at the customer's expense and charge the customer with the costs. If the items delivered or installed in the vehicle are destroyed, damaged or seized, we must be informed immediately in writing.
11. PAYMENT TERMS
The invoice amount is to be paid immediately when the vehicle is picked up. Payment is made in cash or by Paypal.
All prices that are mentioned in the course of further discussions are net prices.
12. SEVERABILITY CLAUSE
If one of these provisions is or becomes wholly or partially invalid, the remaining provisions shall not be affected. The affected provision is to be interpreted in such a way that it would come closest to the will of the parties in a legally effective manner.