Terms & Conditions
Unless otherwise agreed in writing, the following general terms and conditions are considered accepted:
Scope
The contract is concluded by the company RAAB Gunther (Seller) under the following conditions, which are part of every contract. Other general terms and conditions of a contractual partner are expressly rejected or excluded. By placing an order, a contractual partner accepts the terms and conditions of the company Gunther RAAB.
Shipping/Sales
The customer uploads their vehicle software via the website fileservice24.at, whereupon either an offer from the company Gunther RAAB is sent to the customer, or a notification that processing is not possible.
The company Gunther RAAB is bound by their offer for 14 days. If the offer is not accepted within 14 days, no contract is concluded.
Scope of Delivery
The company Gunther RAAB delivers modified software for the engine control unit of the customer's vehicle, which is to be installed by the customer themselves.
Payment Terms
The purchase price is due no later than upon delivery and may also be collected by cash on delivery if the buyer requests dispatch on a USB stick. Until full payment of the purchase price, ownership of the delivered programming remains with the seller. The buyer is also bound by the copyright and other protective rights of third parties after transfer of ownership. In case of late payment, the seller is entitled to demand default interest, which is 4% for consumers and governed by § 456 UGB for entrepreneurs.
A set-off of customer claims against claims of the company Gunther RAAB is expressly excluded.
Delivery Time
All delivery time indications in the seller's information are non-binding and do not constitute an offer in the legal sense. The delivery date specified at conclusion of the contract is only estimated and may be exceeded by 2 weeks.
Transfer of Risk
Shipping or installation is at the risk of the ordering party. The place of performance is the seller's place of business.
Liability
The seller is only liable for intent. Liability of the seller for transport and shipping damage is expressly excluded. The seller is also not liable for damage resulting from installation. The seller is only liable for ensuring that the tuning software or program is functional at the time of dispatch or installation.
The customer is aware of all legal measures associated with performance optimization. The seller assumes no liability for damage occurring in public road traffic when the tuning chip or optimized software has been installed in the vehicle.
The company Gunther RAAB points out that with OBD tuning, in rare cases, a programming abort may occur. In this case, the control unit must be reset or replaced entirely. The customer is not entitled to make any kind of damage claim for this reason.
Warranty and Liability
The statutory warranty according to European Union regulations applies to the provided software, with a duration of 24 months from delivery. The warranty is limited exclusively to the functionality of the delivered software file in accordance with the agreed service.
Any warranty or liability for damage to the vehicle, engine, turbocharger, transmission, ECU, or other vehicle components is expressly excluded, unless such damage was demonstrably caused directly by a technical defect in the software delivered by us.
The service offered is an online file service for motorsport applications. The software files provided are intended exclusively for motorsport purposes outside the scope of road traffic regulations. Use on public roads may require registration and is solely the responsibility of the vehicle owner.
Tuning measures generally involve increased performance demands and stress on vehicle components. Particularly with older vehicles or vehicles with high mileage, already worn parts (e.g., turbocharger, injection system, clutch, transmission, or engine components) may fail prematurely due to increased stress.
By placing an order, the buyer confirms awareness of these circumstances. No warranty or liability is assumed for consequential damages or defects caused by increased stress on vehicle components.
The use of the software is expressly at the customer's own risk.
Vehicle Data and Liability
The customer is obligated to provide all vehicle and ECU data required for software creation completely and correctly. This particularly applies to vehicle type, engine variant, year of manufacture, ECU type, software version, and the read-out original file (ORI file).
No verification of the transmitted data or the technical condition of the vehicle or ECU is performed by the seller.
No liability or warranty is assumed for damages, malfunctions, or consequential damages caused by incorrect or incomplete information, an incorrectly read original file, pre-existing technical defects, wear, prior damage, non-standard modifications, or a defective or damaged ECU.
The responsibility for the proper condition of the vehicle, the engine control unit, and all involved vehicle components lies exclusively with the customer or the executing workshop.
No functional or safety inspection of the vehicle is performed by the seller.
Jurisdiction
For any disputes arising from the contractual relationship, the court with subject-matter jurisdiction for A-3243 Ruprechtshofen shall have exclusive jurisdiction.
Severability Clause
Should individual provisions of this contract be or become invalid or unenforceable, the validity of the rest of the contract shall not be affected.
Content of the Online Offer
The author assumes no liability for the timeliness, correctness, completeness, or quality of the information provided. All offers are non-binding and without obligation.
References and Links
In the case of direct or indirect references to external websites ("hyperlinks") that lie outside the author's area of responsibility, a liability obligation would only come into force if the author had knowledge of the content and it were technically possible and reasonable to prevent use in the event of illegal content.
Copyright and Trademark Law
The copyright for published objects created by the author remains solely with the author of the pages. Reproduction or use of such graphics, audio documents, video sequences, and texts in other electronic or printed publications is not permitted without the author's express consent.
Legal Validity of this Disclaimer
This disclaimer is to be regarded as part of the internet offer from which reference was made to this page. If sections or individual formulations of this text should not, no longer, or not completely correspond to the applicable legal situation, the remaining parts of the document shall remain unaffected in their content and validity.