STANDARD TERMS & CONDITIONS OF BUSINESS
O.CT OBERSCHEIDER TUNING GMBH WITH ITS REGISTERED OFFICE AT LINDENSTRASSE 44, CH-9443 WIDNAU/SWITZERLAND
VERSION DATED 10.04.2014
AREA OF APPLICATION
All the work, services and supplies provided by O.CT Oberscheider Tuning GmbH with its registered office in Widnau (hereinafter called O.CT) are performed exclusively under these Standard Terms & Conditions of Business (hereinafter called STCs). Any different agreements must be in writing and require express confirmation by O.CT. The customer’s standard terms & conditions of business and the like are expressly excluded.
MAKING THE CONTRACT
All offers by O.CT in brochures, pricelists, on the website and the like are always subject to amendment and non-binding. A contract does not come into being until O.CT expressly accepts an order in writing or supplies or provides the subject of the contract. If it turns out after the acceptance of an order that statements made by the customer are incorrect, O.CT may withdraw from the contract at any time with no consequential cost.
If an individual price is not expressly agreed when the contract is made, then the work, services and supplies by O.CT will be charged on the basis of the pricelists and hourly wage rates (plus the applicable VAT) valid at the time the contract was made, published on the internet or displayed at the business premises. O.CT is entitled to raise its prices after the contract has been made if there are more than four months between the making of the contract and delivery. If the price increase is over 4%, then the customer may withdraw from the contract. O.CT charges additionally for packaging, freight and the like.
The tuning service is done by means of a download which may be initiated after acceptance of these STCs and completed payment by credits. The download is done at the customer’s risk. The customer bears the risk relating to the transfer, technical faults and storage. In addition, payment for work, services and deliveries by O.CT are due for payment in cash upon their receipt (due date). Goods dispatch is C.O.D. at the customer’s expense. O.CT has the right to retain the goods entrusted by it to the customer as security until full payment of all amounts due from the customer (retention right). If payment is in arrears, interest for arrears will be charged at 10% p.a. from the due date.
Please note that the O.CT guarantee only exists when our bills are paid on time. O.CT Tuning expressly reserves the right to refuse all claims to the O.CT warranty in case of delay in payment or overdue invoices.
RECLASSIFICATION / CHECK
The customer must check the usability of the goods and services supplied on his own responsibility. Changes to the vehicle that represent intervention in the system mass-produced by the car manufacturer will only be made at the customer’s request. The customer acknowledges that changes to the vehicle that represent intervention in the system mass-produced by the car manufacturer may lead to a change in the data relating to the vehicle documents. This can in turn lead to a duty of reclassification and to an amendment to the liability insurance policy. O.CT accepts no liability whatsoever for these circumstances or any consequences of these, in particular for the associated costs. The customer acknowledges this and waives the right to make any claims against O.CT arising from the tuning. Statements on performance and torque may vary by up to +/- 8% from the manufacturer’s statements without these justifying any claim since such ranges of variation are normal.
RESERVATION OF TITLE
The goods sold remain the property of O.CT until they are fully paid for.
TRANSFER OF RISK
The risk of accidental destruction or accidental deterioration of the subject of the contract is transferred to the customer with the dispatch of the goods or download.
All technical data and information provided by O.CT in brochures, documents, pricelists and on the website (www.oct-tuningcom or www.oct-ipro.com) etc. are guideline values and not promised or guaranteed characteristics. The right to make technical changes at any time is reserved.
In the event of justified complaints, O.CT shall make good or replace the goods and services as it sees fit and according to its own judgement. All work is to be carried out exclusively by O.CT or by the partners expressly designated by O.CT. In the context of the warranty services O.CT is obliged only to correct the fault and to replace or repair defective parts with new parts or with used parts that O.CT has overhauled. All other contractual claims and/or claims outside the contract by the customer against O.CT are, in so far as legally permissible, entirely excluded, in particular also the right to annulment, abatement or withdrawal from the contract or the claims for damage to the vehicle caused by work, services or supplies by O.CT as well as claims arising from any consequential losses due to defects (e.g. towing costs, replacement vehicle etc.).
COMPLAINTS ABOUT DEFECTS AND OTHER MATTERS
With the completion of the download the subject of the contract is deemedto be correctly delivered and accepted. In addition, the customer must inspect all work, services and supplies by O.CT without delay on receipt or acceptance. Complaints must be made within seven days. Receipt of notification at O.CT applies in determining the relevant period. Later complaints are excluded and warranty claims expire. Complaints must in any event be made in writing and the defects precisely described. The customer must then observe all directions and instructions from O.CT on preventing further loss or damage and on correcting the defect.
DELAY IN DELIVERY
Delivery dates may be agreed as binding or non-binding. However, to be binding, they must in any event have been confirmed by O.CT in writing and described as binding. Force majeure, strikes, technical changes or incapacity which is not the fault of O.CT or its suppliers will lengthen the delivery time by the duration of the hindrance. In the case of non-binding delivery dates, six weeks after this delivery date the customer may request in writing that O.CT deliver within a reasonable period. With this warning O.CT will then be considered late with delivery.
PLACE OF FULFILMENT
The place of fulfilment for all claims arising from the contract is O.CT’s business premises in Widnau (Canton of St. Gallen, Switzerland). All dispatches and any returns are at the customer’s risk and expense.
The exclusive place of jurisdiction for all disputes that may arise from this contract is 9443 Widnau (Switzerland).
The legal relationship between the parties to the contract is entirely and exclusively subject to Swiss law. Neither the “Wiener Kaufrecht” (Viennese Law on Sales) nor any other law or State treaty is applicable to the legal relationship between the parties to the contract and they do not in fact apply even if they would be applicable under the rules of Swiss international private law.
If any term of these STCs or any term within other agreements is or becomes invalid, then the validity of all of the other terms or agreements shall not be affected by this. Only the original German text is legally valid.
O.CT Oberscheider Tuning GmbH - Lindenstrasse 44 - CH-9443 Widnau
Printed in Switzerland
Right to make amendments reserved
"Version: 10th April 2014, V1.1"