Additional conditions and notes for software tunings FROM FLAWLESS Shop by FLAWLESS Industries
1. we explicitly point out to the customer that a performance upgrade (and any modification to vehicle control units) invalidates the vehicle’s operating license and the vehicle may no longer be driven on public roads in accordance with the German Road Traffic Regulations. The Customer undertakes to FLAWLESS Industries that it will immediately obtain an operating license for the entire vehicle in accordance with §21 StVZO. If this obligation is not complied with, FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for any fines or administrative offenses. Some solutions and products may be exclusively and explicitly intended for export only.
2. verbal agreements outside of this contract are not concluded. Modifications and conversions to vehicles that are used on public roads must be entered in the vehicle documents. The purchaser must present the vehicle to the Technical Inspection Agency if no ABE is available for the parts. The responsibility for converted vehicles or their parts lies solely with the buyer. Any claims or rights of return/complaints to the seller due to non-approval by the TÜV are excluded, unless the seller has expressly guaranteed TÜV approval in writing in compliance with the relevant requirements
3. the customer is advised and acknowledges that the services, products and tuning measures offered by FLAWLESS Industries UG (haftungsbeschränkt) and the modifications made to the vehicle, the engine, the control unit or the control data as part of the tuning lead to a change in the performance data of the customer’s vehicle. The customer is further advised that the engine and possibly also other vehicle units and vehicle parts are exposed to greater stress and strain and that this may lead to greater wear and tear on the customer’s vehicle for physical reasons. In particular, overloading and continuous performance, as well as the increase in the top speed of the customer’s vehicle achieved by tuning, can affect the service life of the engine and its components.
4 FLAWLESS Industries UG (haftungsbeschränkt) shall only be liable for further damage to the engine or other parts of the vehicle to the extent that it is caused by defective, i.e. improperly functioning parts installed by FLAWLESS Industries UG (haftungsbeschränkt). If the vehicle software is modified, FLAWLESS Industries UG (haftungsbeschränkt) is thus expressly liable only for damage to the vehicle caused by the explicit modification to the vehicle software. Liability for damage caused solely by the higher engine load is excluded.
5 FLAWLESS Industries UG (haftungsbeschränkt) expressly points out that the installation of tuning and software products can lead to the loss of the guarantee or warranty obligation of the vehicle manufacturer or vehicle seller.
6 FLAWLESS Industries UG (haftungsbeschränkt) further expressly points out that tuning – regardless of whether software or hardware conversions – can be or is a development process. Since it cannot be ruled out that, for example, the manufacturer itself may receive patches or updates via telematics, or that the customer may have carried out further conversions that do not correspond to the series, further adjustments may be necessary after software tuning or modification, which may only occur or become noticeable during customer operation. These may require a new visit or a new condition of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for failures of the vehicle or similar that occur as a result or costs incurred without consultation with FLAWLESS Industries, such as dealer visits as part of a fault diagnosis or shipping costs.
7 The performance upgrade of motor vehicles requires re-typing with regard to motor vehicle liability insurance and comprehensive insurance. The buyer himself is obliged to ensure compliance with the insurance cover. He shall indemnify FLAWLESS Industries UG (haftungsbeschränkt) from any liability in this respect.
8. if a provision of our GTC and these additional conditions and instructions for software tunings is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any regulatory gaps.