terms and conditions

1. Definition

The terms and conditions are base for business relationships between GPT GmbH Company. In which these terms and conditions are apply for companies 11.HGB as well as for consumers, called "customers".

 

2. Area of application of the conditions

Deliveries, performances and offers between GPT GmbH and the customer will be made always based on the terms and conditions. Customers agrees these terms and conditions with the acceptance of deliveries and performances. If the customer sells his vehicle with the improved performance or any option package to any other person, the customer must inform the new owner about the terms and conditions of GPT GmbH Company.

 

3. Offer for conclusion of contract and resignation

Our offers are without obligation and not binding. At orders, the customer is bound for 2 weeks. For a resignation the written confirmation of GPT GmbH Company is needed.

If a tuning tool is canceled, a fee of € 150 including VAT will be charged, as this is configured specifically for the customer and the device must be reset in order to use it again.

 

4. Delivery and performance

All the dates of delivery are nonbinding, with the exception in the case, that an definitive date has been agreed. In the case of force majeure GPT GmbH Company is exempt from of the obligation to supply. Possibly longer time needed at unforeseeable assembly work is in the reservation of GPT GmbH Company. The customer has no right for compensation in the case of nondelivery.

 

5. Prices

All prices apply to the latest issued price list and because of the small business law all prices are VAT-exempt.

 

6. Product

All information like performance, usage, speed, ... are approx. values which could be insignificant underrun or overrun. As these values are from reference vehicles which could be a little bit different to customers vehicle. This excludes the liability. With the adoption of his vehicle the customer accepts the done work on it.

6.1 Explanation for the customer

With the accepted work on the vehicle we want to inform the customer about possible consequnces at non-registration in the permission document:

  • administrative penalty of the District Office
  • no insurance coverage
  • no positive evaluation at periodic inspection conform § 57a
  • tax evasion

Furthermore we inform about consequences of the installation of additional electronic parts (tuning chip) or softwaretuning at vehicles as follows:

  • the installation of additional electronic parts (tuning chip) or programming of the ECU tends to the expiration of the operating license
  • the driving of the vehicle in public traffic without operating license causes the lost of insurance coverage
  • driving in public traffic without insurance coverage is a crime
  • the installation of additional electronic parts (tuning chip) or programming of the ECU tends to lose the warranty claim against the seller as well as the guarantee claim against the vehicle producer. 

6.2 Explanation for the customer (Germany)

We point out that the installation of the additional electronics (tuning chip) or software tuning in Germany according to § 19 Abs. 3 S. 1 Nr. 4 c) StVZO means that the operating license for the vehicle expires if the installation of the chip is not approved immediately by an officially recognized Sachverständigen and a confirmation after § 22 Abs. 1 S. 5 StVZO is granted, the operation of an agricultural machine on public roads in Germany without an operating permit according to § 3 Pflichtversicherungsgesetz means that the liability insurer is not obliged to pay in the event of a claim, the installation of the additional electronics (tuning chip) or software tuning means that the warranty claims against the seller and the warranty claims against the manufacturer for the parts affected by the chip tuning can be omitted.

 

7. Warranty

The warranty of GPT GmbH Company for installed software or hardware is 24 months since the date of the installation.

If the factory guarantee will expire at brand-new cars because of the installation of a tuning chip / changing of the software, the above warranty of GPT GmbH Company will not be valid.

The customer was informed about the loss of operating license in the case of changing the performance datas - at not making a new TÜV approval certificate and he is not allowed to drive the vehicle in public traffic conform to the StVO and is only allowed to use the vehicle in motor sports.

Futhermore the customer was informed clearly and in detail directly before making the tuning about the higher load of the engine, turbochanger, gearbox, axis, ...and possibly of this shorter driving life (as well as changing of exhaust gas, legal consequences, higher taxes and classification of insurance) by GPT GmbH  Company.

The customer is obligated to inform his insurance about the increased efficiency.

7.1. Warranty for software customers

GPT GmbH Company does not give any warranty or gurantee for the vehicle, at which a software tuning has been installed.

The customer itself, who has made the installation, has to bear the warranty/gurantee. So it is the responsibility of the customer to survey the vehicle and check, if there are any faults.

 

8. Reservation of proprietary rights

The delivered goods are proprietaries of GPT GmbH Company until the complete payment.

 

9. Terms of payment

Immediatly after receipt of the invoice without any discount.

 

10. Copyright

All delivered and used products of GPT GmbH Company like for example software, hardware of ECU, as well as the Corporate Design are strictly not allowed to be copied or imitated. This would cause a contractual pentaly of EUR 25.000,--.

 

11. Advertising

We are entitled, in word and picture, to publish the use of the object of purchase for the products manufactured by the buyer. In our name may be advertised only after written permission with word or picture material.

 

12. Place of jurisdiction

Place of jurisdiction is Wels.

 

13. Master change from slave tools

We support the sales price of our tools - we provide installation and initial training free of charge. Furthermore, GPT-Consulting wants to offer his slave Tuning Tool User best support. Therefore, we invest a lot of time and money in our support staff and in our slave users. For these reasons we NEVER allow a master change.

 

14. Final determinations

In the case that determinations of these terms and conditions or the determinations of other agreements become or be ineffective, all other determinations or agreements will not be changed. Instead of the invalid determinations the parties obligate to make a new one, which will come up economic efficiently.