Conditions

The general terms and conditions are the basis for business relationships between the company MH SOFTWARETUNING, below, and the contractual partner. These conditions apply both to companies according to the German Commercial Code and to consumers, hereinafter referred to as "customer".

Scope of Terms

Deliveries, services and offers between MH SOFTWARETUNING and the customer are based exclusively on these terms and conditions. By accepting the delivery and service, the customer agrees to these conditions. Furthermore, the customer is obliged to bring our General Terms and Conditions to the attention of third parties in the event of a resale of our products or vehicles with our products.

Offer conclusion of contract and withdrawal

Our offers are non-committal and non-binding. The customer is bound to orders or commissions for two weeks. Written confirmation by MH SOFTWARETUNING is required for withdrawal. The free upgrade within 2 days after modification only applies to software modifications.

delivery and performance

All delivery dates are non-binding unless a fixed date has been agreed. Cases of force majeure release MH SOFTWARETUNING from the delivery obligation. MH SOFTWARETUNING reserve the right to any increased time requirements due to unforeseeable assembly work. The customer is not entitled to compensation for non-delivery.

The prices according to the homepage or agreements including the statutory value added tax on the day of delivery and service apply.

All information such as performance, consumption, speed are approximate values, which may fall below or exceed them, since the determined data material comes from reference vehicles, which can vary from vehicle to vehicle. Liability is thereby excluded. By accepting the vehicle, the customer agrees to the work being done on it.

The warranty on the software or hardware installed by MH SOFTWARETUNING is 12 months from the time of installation. Insofar as the factory guarantee granted by the original manufacturer no longer applies to new vehicles due to the installation of the tuning chip/software change, MH SOFTWARETUNING does not assume the aforementioned guarantee. (An engine warranty can be taken out at an additional cost).

The customer was informed that the operating license of the vehicle expires as a result of the change in the performance data. If this change does not lead to the operating license again through a new TÜV report, this vehicle has no approval according to the Road Traffic Regulations and may only be used in motor sports. The buyer is expressly informed of all, in connection with the increase in performance, higher stress on the engine, turbocharger, transmission, axles of all moving parts, etc., and the resulting shorter service life (as well as exhaust gas changes, legal effects and higher taxes and insurance classification) from the The company MH SOFTWARETUNING was informed completely and in detail immediately before the implementation or purchase. The customer is obliged to report the additional benefit to his insurance company. Damage caused by the increased demands on the vehicle from the performance upgrades will not be covered if no additional insurance has been taken out.

The delivered goods remain the property of MH SOFTWARETUNING until full payment and settlement of all claims from the business relationship. This also applies to conditional claims.

Switching off the exhaust aftertreatment systems is not permitted in the area of the Road Traffic Act.

Unless otherwise agreed, invoices from MH SOFTWARETUNING are due in advance or in cash. In individual cases immediately after receipt of the invoice without deduction. In the event of a delay in payment, MH SOFTWARETUNING is entitled to claim default interest of 7% above the base interest rate. Offsetting is not permitted, except in the case of counterclaims that have been legally established. The retention of payments by the buyer due to counterclaims from other contractual relationships is excluded.

Regardless of the legal reason, claims for damages against MH SOFTWARETUNING and its vicarious agents or vicarious agents are limited to the amount of damage that MH SOFTWARETUNING could reasonably have expected to occur when the contract was concluded. If the damage does not result from the violation of an essential contractual obligation, the compensation is limited to a maximum of the simple amount of the order value. The customer is responsible for installations of the delivered goods.

All products supplied and used by MH SOFTWARETUNING, such as software and hardware, as well as the corporate design, may not be copied or imitated. This triggers a contractual penalty of EUR 4,000.00.

Place of jurisdiction is Linz.

Should provisions in these General Terms and Conditions or provisions within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.