General Terms and Conditions

AGBGeneral Terms and Conditions


1. General information

All deliveries and services are based on these conditions. These terms and conditions shall be considered accepted at the latest with the receipt of goods or services. The terms and conditions of the buyer that are contrary to these General Terms and Conditions shall be accepted only if expressly granted in writing. Additional agreements and amendments to the contract shall be considered void, unless ECU-Soft has confirmed them in writing. We have the right to assign receivables from our business relationship.

2. Offer and contract conclusion

Our offers are not binding. The contract is concluded only when ECU-Soft confirms the customer order by e-mail or telex. The same applies to additions, amendments or side agreements. ECU-Soft reserves the right to confirm the conclusion of the contract through an invoice. Dimensions, drawings and illustrations, etc. are not binding. Improvements or performance changes are permitted if they are acceptable to the buyer respecting the interests of ECU-Soft.

3. Prices

All prices are expressed without packaging, transport and shipment insurance, ex warehouse or direct delivery, from the German border or FOB from the German port. For all deliveries, the right to a prepayment or payment on delivery is reserved. Prices from offers are not binding. The decisive prices are stated in the confirmed order of the company. Additional services not included in orders will be charged separately. Unpredictable changes in customs, import and export taxes, foreign exchange control, etc., give ECU-Soft the right to correct prices. For pre-contracted orders, the prices stated in the concluded contracts are valid; price changes during the term of the contract give ECU-Soft the right to adjust prices.

4. Delivery Deadline

Delivery deadlines start with the date of order confirmation by ECU-Soft. All delivery obligations are subject to the reservation of the right to own timely delivery. ECU-Soft must prove the appropriate dispositions. Partial deliveries and services are allowed. In the case of a delivery contract, each partial shipment and service is considered a separate service. Delay in delivery is not the case if there is a force majeure or event that significantly complicates or disables the seller. This includes operational disruptions, cases of force majeure and strikes, etc. In these cases, the buyer cannot claim compensation for any damages caused by a failure to fulfill contractual obligations. In the event that the delivery or service is delayed for a reason not on the part of ECU-Soft, the company has the right to postpone the delivery for a period of two months or to partially or completely withdraw from the contract. The buyer has the right to withdraw from the contract if the delay in delivery or service lasts more than two months. If the delivery and / or service deadline is extended for the reason not on the part of ECU-Soft, the buyer cannot claim compensation for any damages. ECU-Soft can refer to the above circumstances only if it immediately informs the buyer of their occurrence in writing. In the event of a delay in delivery or service for reasons on the part of ECU-Soft, traders have the right to terminate the contract, with the exclusion of the right to compensation.

5. Shipments and risk transfer

As soon as the goods are handed over for transport, all risks to which the goods are subject are transferred to the buyer. ECU-Soft, however, insures goods at the expense of the buyer if the buyer requests it in writing. For shipments to ECU-Soft, the sender bears the risk for transport, until the moment of arrival of the goods at ECU-Soft, as well as the shipping costs.

6. Payment terms

Invoices are paid in accordance with pre-contracted terms, i.e. in advance, in cash, in cash upon receipt of goods or on personal takeover of goods, unless otherwise agreed. All payments are always attributed to the oldest debts, regardless of other buyer’s provisions. If costs for collecting the debt or interest are incurred, the payment first covers these costs, then interest and finally the main claim. The buyer has the right to calculate the debt, i.e. on retain or reduce the value only if the counter-claims are legally established, or not disputable. Partial deliveries and services can be invoiced individually. If the buyer fails to meet its payment obligations, suspends payments or the bank does not pay the check, ECU-Soft has the right to immediately withdraw from the contract, without prior notice. In these cases, all claims of ECU-Soft against the buyer are due immediately as one amount. The same applies if ECU-Soft firms become aware of other circumstances questioning the customer's creditworthiness. If ECU-Soft continues to comply with the contract, ECU-Soft has the right to demand advance payments, bank guarantees or security services. ECU-Soft is entitled to default interest, from the moment of delay in payment, at the rate calculated by commercial banks. The buyer shall bear all the costs of forced collection, i.e. court and executive expenses. ECU-Soft has the right to assign its claims to third parties.

7. Vehicle chipping

If a vehicle is chipped or if the chipping parts are installed in the vehicle, we explicitly draw attention to the fact that the vehicle owner must take care that the modifications are entered in the vehicle registration certificate without delay, or report the changes with the competent authorities. If such changes are not registered, the vehicle concerned may be used only for certain racing drives, not for normal road traffic.

8. Disclaimer

ECU-Soft is not responsible for the damage that occurs on/in the vehicle due to increased performances or chip settings. It is possible, with additional payment, to complete independent additional vehicle insurance through our insurance partners. The insurance terms can be read on request and are available at our premises.

ECU-Soft is not responsible for any damage that may occur on or in the vehicle due to certain measurements / test drives!! Every buyer holds ECU-Soft harmless against this risk.

9. Additional remark

The Federal Court made the decision: who manipulates his tachometer, he did not commit a criminal offense of technical display counterfeiting. The Federal Court made this decision in the judgment (Az 4 StR 654/79 because: the display of traveled kilometers (kilometer-hour) in a motor vehicle does not constitute a technical representation in the sense of paragraph 268 of the Criminal Code. However, who changes the state on the tachometer to get a better price when selling the vehicle, commits a deception and such a person can be imposed up to five years of imprisonment or a fine. The misleading buyer has the right to return such a vehicle to the seller and ask for a refund of the paid price.

10. Data protection

ECU-Soft has the right to process data in accordance with the business relationship it has with the respective buyer, i.e. to process data obtained from the buyer or third parties within the business relationship, all in terms of data protection law. This note replaces the notification in accordance the data protection law to store clients’ personal data through electronic data processing devices and further process them.

11. Packaging regulation

A new packaging regulation has been in force since 01/01/2009 stating that the packaging material can be recycled. We only use packaging materials made of cardboard and waste paper. However, the law stipulates that you can return packaging material to us by mail, at our cost, which we offer you this way. If you would like to use this option, please contact us. As a consumer, you may still of course hand over our packaging to old paper collecting centers, where cardboard together with paper does not pose any problem. Likewise, remains of labels, adhesive tapes, etc. do not limit the recycling process due to low foil content. Plastic packaging can still be disposed of with a yellow bag, if the manufacturers labeled the same for the dual system - a green dot (grüner Punkt), etc.