GTC

General Terms and Conditions of PP-Performance GmbH

1. Scope of Application

These General Terms and Conditions (GTC) apply exclusively to all current and future business relationships between PP-Performance GmbH (the company) and the contracting partner (customer) regarding vehicle performance optimization (tuning measures) – except for orders from the company’s online shop (for which the GTC of the online shop apply). These terms and conditions are part of the contract. Deviating, opposing, or supplementary terms and conditions of the customer are only effective if expressly agreed to in writing.

2. Offer and Conclusion of Contract

The company will present or send the customer a binding offer (individual contract for tuning measures) after receiving the essential information regarding the planned tuning measure. The customer has the right to accept this offer within 2 weeks after it has been received by submitting a written acceptance statement. If the acceptance period expires without response, the company is no longer bound by the offer.

3. Scope of Services

The subject of the contract is a programmed dataset or other electronic measures for motor vehicles, including the corresponding installation and adjustment with the motor of the customer’s vehicle, and potentially additional body tuning measures. The content and scope are based on the respective offer and the individual contract for tuning measures provided. The delivery of the dataset or other electronic measure is made according to the latest state of technology without warranty for flawless functionality in the vehicle as described by the customer.

4. Delivery Date

All performance times are non-binding unless a fixed date has been agreed upon. If an agreed performance date is exceeded by more than 2 weeks due to the company’s fault, the customer may set a reasonable grace period in writing and, after it expires, withdraw from the contract.

Force majeure, operational or traffic disruptions, shortages of raw materials and preliminary products, strikes, or similar circumstances that prevent or significantly complicate the execution of the contract relieve the company from meeting delivery deadlines and do not entitle the customer to damages or contract withdrawal. Design or form changes, as well as changes in the scope of delivery and modifications, are reserved as long as the product (body tuning) or the result of the tuning measure is not significantly altered.

5. Prices, Payment Terms

The prices/fees indicated are gross prices including the statutory VAT. If more than four months elapse between the conclusion of the contract and the delivery date, the list price valid on the day of delivery or the tuning measure applies.

A deposit of 20% of the fee is due at the time of order. The remaining balance is due immediately upon completion of the work/tuning measure and vehicle pickup, without deduction. The company may make the start of the work conditional on receiving the deposit.

Invoices are due for payment within 10 days of receipt. The customer is not entitled to any discount unless specifically agreed upon. If the customer falls behind with payment, the company is entitled to declare all claims due and charge interest at a rate of 5% above the base interest rate.

6. Obligations of the Customer

The customer is obliged to cooperate as required by the offer, an attached description of services, or the individual contract for tuning measures.

In particular, the customer must make their vehicle available to the company on the agreed date.

7. Acceptance

The acceptance of the contractual performance takes place when the vehicle is picked up after completion. Partial acceptances do not occur. A protocol will be created upon acceptance, which must be signed by both parties. If the service is not in accordance with the contract and the customer justifiably refuses acceptance or accepts the service under reservation for rectifying deficiencies listed in the protocol, the company is obliged to promptly provide the agreed performance and correct the deficiencies. The company must also inform the customer about the expected duration of the rectification and notify the customer upon completion of the corrections.

8. Changes to Services

The customer may request changes to the content and scope of services. This also applies to parts already delivered and completed. If the changes are not insignificant, the company will calculate the delays and additional effort caused by the requested changes, and the parties will agree on an appropriate contract amendment. If the parties cannot reach an agreement, the company is entitled to reject the change request. Any changes to services must be regulated in a written supplementary agreement before the work begins, including additional compensation and potential changes to the timeline.

9. Warranty/Liability

Unless otherwise agreed, the company is liable for material and legal defects according to the provisions of the German Civil Code (BGB) for contracts related to work performance. The customer must first claim the right to subsequent performance. If this fails, the customer is entitled to further remedies (self-performance, withdrawal, reduction, compensation).

The warranty period is 2 years from acceptance unless a different individual agreement exists. The warranty obligation does not apply if the contractual object is altered or modified by a third party or if installation is performed outside of an authorized specialist workshop.

The company is only liable for intent and gross negligence, except for violations of essential contractual obligations, violations concerning life, body, or health, or claims under the Product Liability Act. Essential contractual obligations are those necessary for achieving the contract’s purpose. The customer’s costs for subsequent repairs are not reimbursable.

10. Operating Permit, Duty of Care, Disclaimer of Liability

The customer is expressly informed and acknowledges that the use of the vehicle modified by the company according to the individual contract for tuning measures results in changes to the vehicle’s performance data. The customer is aware and expressly acknowledges that the engine and potentially other vehicle components are subject to higher stress and load, which – due to physical reasons – may lead to increased wear. Specifically, overstrain, prolonged use, and the increase in maximum speed achieved by tuning may affect the vehicle’s engine and components’ lifespan. The customer is also advised to consider the vehicle’s tire speed rating. The company assumes no liability or warranty in this regard.
The customer is explicitly informed that if the vehicle is a leased vehicle, altering the vehicle’s performance data constitutes excessive, non-contractual wear, even if it is temporary and restored when returning the vehicle. The customer is also made aware that the installation of tuning products can result in the loss of the vehicle manufacturer’s or seller’s warranty obligations, and the vehicle’s operating permit may be revoked. The customer is required to present the vehicle for approval at the Technical Inspection Association (TÜV) if no ABE (General Operating Permit) exists for the parts. This is not part of the company’s service. The company also assumes no warranty for obtaining the operating permit. Claims against the company due to non-approval are excluded. Increasing vehicle performance may require changes to liability and comprehensive insurance. The customer is responsible for ensuring the validity of their insurance coverage.

11. Termination

If the customer exercises their right to terminate under Section 649 S. 1 BGB, the company may demand a flat-rate compensation of 15% of the agreed fee if work has not yet started. If work has already started, 80% of the agreed fee is due.

12. Offsetting

The customer may only offset claims against the company’s claims with undisputed or legally determined claims.

13. Applicable Law, Place of Fulfillment, Jurisdiction

The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. The place of performance and payment is 97980 Bad Mergentheim. If the customer is a merchant, the exclusive jurisdiction for all disputes arising from this contract is Bad Mergentheim.

13. Severability Clause

If any provision of these terms and conditions is or becomes legally ineffective in whole or in part, the remaining provisions shall not be affected. The ineffective provision will be replaced by one that economically comes closest to the intended purpose of the ineffective provision.

Status: December 2024