General terms

General Terms and Conditions of Sportec AG, Höri

1. Scope of application
All work, services and supplies provided by Sportec AG, Höri (hereinafter referred to as "Sportec") shall only be carried out under application of these General Terms and Conditions. Agreements contrary to this must be made in writing and be specifically confirmed by Sportec. The general terms and conditions of the customer are expressly excluded.

2. Conclusion of the contract
All quotes made by Sportec in brochures, price lists, on their homepage etc. and all individual quotes always remain subject to change and are not binding. A contract has been entered into when Sportec expressly accepts an order in writing. If, after an order has been accepted, it becomes clear that the information provided by the customer is incorrect, Sportec is permitted to withdraw from the contract at any time without any consequences as regards costs.

3. Technical data and information in brochures
All technical data and information concerning Sportec in brochures, documentation, price lists and on our homepage (www.sportec.ch / www.spr1.ch) etc. are guideline figures and are not guaranteed or warranty characteristics. We reserve the right to make technical changes at any time.

4. Motor vehicle inspections/ Swiss registration
Insofar as the customer does not receive specific information to the contrary, the changes made by Sportec in accordance with legal stipulations, i.e. up to 20% more output, are road-going vehicles in Switzerland and, if legally specified, are to be registered for the appropriate motor vehicle inspections by the customer him/ herself and are to be presented at their own cost. Increases in output of more than 20% of the official nominal output shall only be carried out on the sole responsibility of the customer. The basis for this are the applicable performance steps in the Sportec price list.

5. Prices
In the event that an individual price is not specifically agreed upon when the contract is entered into, work, services and supplies by Sportec will be charged on the basis of the price lists and hourly wages (plus VAT) valid at the time the contract was signed and published at Sportec's place of business. Sportec is permitted to increase prices after the contract has been signed if more than 4 months pass between the signing of the contract and delivery. If the price is increased by more than 4% the customer is permitted to withdraw from the contract.

6. Payment, right of retention, title retention
Work, services and supplies from Sportec are to be paid in cash by the customer on receipt/ handover of the vehicle, the parts/ spare parts or accessories (due date). Goods are shipped by post (payment on delivery) at the customer's expense. Sportec has the right to retain items entrusted to them by the customer as security until all outstanding payments have been made by the customer in full (right of retention). The object of purchase remains the property of Sportec until it has been paid for in full. In the event of delayed payment interest on arrears of 10% p.a. will be charged from the due date.

7. Guarantee
In the event that work carried out by Sportec or vehicles, parts/ spare parts or accessories delivered by them are defective, Sportec is obliged to replace or repair them at their discretion. Any work is to be carried out only at Sportec or at a workshop specified specifically by Sportec. Whitin the framework of the guarantee, Sportec is only obliged to repair the defect and to replace or repair defective parts by new or used parts that were overhauled by Sportec.

Insofar as a limitation is not indicated below, Sportec will provide a guarantee for work, services and supplies provided by Sportec for the period of time listed below and up to a mileage listed below (PDF).

With all vehicles on which Sportec has carried out performance tuning with performance steps 1, 2, 3 or 4 and which are less than 24 months old when the order was placed (initial license in accordance with certificate of registration), Sportec will also provide a guarantee within the framework of the remaining factory guarantee for the engine, gearbox and drive train without wheel bearing until they have expired, but to a maximum of 24 months from initial licensing or 100,000 km, whichever occurs first.

In the event that Sportec supplies parts/ spare parts or accessories, which the customer fits him/herself or does not have fitted by a third party (dealer/ authorised dealer) which has been officially authorised by Sportec, Sportec will only provide a guarantee for the relevant part/ spare part or accessory. In the event that Sportec only supplies or fits individual components of modification steps or incomplete modification steps, Sportec shall again only provide a guarantee for the relevant part/ spare part or accessory.

guarantee claims will not be valid (exclusion of all guarantees and technical warranty claims), if the fault is related to one of the following situations:

a) the vehicle, on which Sportec has carried out work (or that Sportec supplied) or parts/ spare parts or accessories are treated improperly, are overstressed or are used in connection with sport or racing (i.e. not in normal road traffic);
b) the purchaser or a third party have carried out subsequent work or modifications to the engine or to peripheral parts without agreement from Sportec;
c) work on the vehicle (e.g. the fitting of parts/ spare parts or accessories by Sportec) was not, or was not completely, carried out by Sportec or one of their authorised dealers;
d) the vehicle has not been maintained in accordance with manufacturer's instructions.

Performance tests, which have not been carried out or authorised by Sportec, also result in warranty claims being null and void.

8. Notification of defects and complaints
The customer is obliged to check all work, services and supplies provided by Sportec immediately upon receipt/ handover. In the event that the customer, then or at a later point in time, has cause to suspect that there could be a defect, he/ she is to notify Sportec of this immediately and provably, otherwise all warranty claims shall be forfeited. The customer is then obliged to follow all directives and instructions from Sportec with regard to preventing further damage and rectifying the fault.

9. Liability - exclusion of all further claims
All further contractual and/ or non-contractual claims on the part of the customer with respect to Sportec, over and above the guarantee described in point 7., are entirely excluded (insofar as this is legally admissible), in particular the right of redhibition, reduction of purchase price, withdrawal from the contract or the exercising of claims for damage to the vehicle caused by work, services or supplies provided by Sportec, as well as all claims from possible damages caused by defects (e.g. towing costs, replacement vehicle etc.)..

10. Encroachment on the dealer guarantee
Sportec expressly points out to the customer that work, services and supplies provided by Sportec could lead to an encroachment or to the forfeit of the customer's guarantee from the vehicle manufacturer and/ or the sales company. Sportec repudiates all responsibility and liability for this.

11. Delay in delivery
Delivery deadlines can be agreed on a binding or non-binding basis. In order for them to be binding they have to be confirmed in writing by Sportec and marked as being binding. Force majeure, strikes, technical changes or the inability to comply through no fault of Sportec's or their suppliers extend the delivery deadline by the duration of the hindrance. In the event of non-binding delivery deadlines, the customer is permitted to send a written demand to Sportec to deliver within an appropriate time limit, six weeks after the non-binding delivery deadline. With this reminder, Sportec is in default.

12. Place of performance
The place of performance for all claims arising from the contract is the Sportec business premises in Höri, Canton of Zurich, Switzerland. All shipments and any possible return shipments shall take place at the customer's expense and at their own risk. The use and risk shall be transferred to the customer as soon as the goods leave the warehouse/ workshop of Sportec or (in the event of a direct delivery from a supplier of Sportec to the customer) the supplier.

13. Place of jurisdiction, applicable law
The place of jurisdiction for Sportec and the customer is Höri, Canton of Zurich, Switzerland. However, Sportec also has the right to invoke the court of law at the registered office or place of residence of the customer.
The contract is governed by the substantive law of Switzerland without recourse to any possible transferrals of the federal law via international private law and without recourse to the Vienna Sales Convention.

Höri, Sept. 2005