Terms and Conditions of CarTraction GmbH:

These general terms and conditions are an essential part of the contract in all legal relationships that CarTraction GmbH (hereinafter referred to as CarTraction), Fürstenhofer Str. 4/3, entered in the commercial register of the AG Stuttgart under HRB 780401 and represented by the management, enters into by concluding contracts with its customers.

Customers in this sense are both consumers and entrepreneurs. CarTraction’s customer is a consumer if he is a natural person and enters into a legal transaction with CarTraction for private purposes, i. H. the legal transaction is not or not predominantly attributable to his commercial or self-employed professional activity (cf. Section 13 of the German Civil Code). The customer of CarTraction is an entrepreneur if he is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with CarTraction, acts in the exercise of his commercial or self-employed professional activity (cf. § 14 BGB).

These general terms and conditions are based on the legal situation that applies to consumers. Insofar as deviating regulations apply to entrepreneurs, this is expressly pointed out.

CarTraction’s general terms and conditions apply in the version valid at the time the contract was concluded. These can be accessed free of charge at www.CarTraction.de.

General Provisions

contractor

Irrespective of the type of contractual service to be provided, CarTraction will in all cases become the customer’s contractual partner. Another only applies if this results from an individual contractual agreement with the customer.

Place of fulfilment

Unless otherwise stated in the following provisions, the place of performance for all obligations under this agreement is the registered office of CarTraction.

Scope of CarTraction’s liability

Unless otherwise stated in the following provisions, CarTraction is liable for a breach of contractual or non-contractual obligations in accordance with the statutory provisions.

Regardless of the respective legal basis, CarTraction is only fully liable for damages in the event of intent and gross negligence. In the event of simple negligence, CarTraction is only liable for damage resulting from injury to life, limb or health, as well as for damage resulting from the breach of a material contractual obligation (obligation whose compliance makes the proper execution of the contract possible in the first place and compliance with which the contractual partner regularly trust and may trust). In the event of a breach of essential contractual obligations, however, CarTraction’s liability is limited to compensation for the foreseeable, typically occurring damage.

The personal liability of CarTraction’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Excluded from this are injuries to life, body and health. The limitations of liability regulated for CarTraction in this regard apply accordingly to the damage caused by you, with the exception of the legal representatives and executive employees, through gross negligence.

The aforementioned limitations of liability do not apply if CarTraction knowingly concealed a defect or assumed a guarantee of quality. In addition, legally binding customer claims, in particular those under the Product Liability Act, remain unaffected by the aforementioned exclusion of liability.

Explanations and Ads

Legally relevant declarations and notifications that the customer must submit to CarTraction after concluding a contract with CarTraction (e.g. setting deadlines, notifications of defects and declarations of withdrawal and reduction) must be in text form to be effective. In order to comply with the text form, it is sufficient to send the signed document by fax or e-mail.

Exclusive validity of these terms and conditions

Conflicting, deviating or supplementary general terms and conditions of the customer have no effect on the legal relationship between CarTraction and the customer, unless CarTraction has agreed in writing to the validity of the customer’s general terms and conditions. This applies even if CarTraction provides services without reservation in the knowledge of conflicting, deviating or supplementary general terms and conditions of the customer.

Applicable Law and Jurisdiction

German law applies exclusively to all contractual relationships entered into with CarTraction, to the exclusion of uniform international law, in particular the UN Sales Convention (CISG).

References to the validity of legal regulations are for clarification only. Even if such a clarifying description is dispensed with, the statutory any regulations, unless they are directly modified or expressly excluded in these General Terms and Conditions.

The exclusive place of jurisdiction is the factually and locally competent court at the registered office of CarTraction.

CarTraction can translate these GTC into other languages. The version in German always remains authoritative.

data protection

CarTraction (Fürstenhofer Str. 4/3, 71546 Aspach, as well as by email kontakt@CarTraction.de) is responsible for data processing under data protection law. The personal data that the customer makes available to CarTraction as part of the order (in particular name, address, contact details, bank details) are used by CarTraction in accordance with the data protection regulations, only for the purpose of contract processing and customer care, insofar as further consent is given is not expressly granted.

Otherwise, the detailed data protection notices that can be viewed at www.CarTraction.de/datenschutz apply.

Notice according to § 36 Consumer Dispute Settlement Act (VSBG)

CarTraction will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Provisions for the provision of workshop and tuning services

scope of application

The provisions of Section II also apply if the customer concludes a contract with CarTraction for the provision of workshop services for motor vehicles, including the installation or replacement of vehicle parts.

conclusion of contract

The contract comes about when the customer gives CarTraction an offer in the form of a workshop order and CarTraction accepts this by confirming by e-mail or recording the commissioned workshop work in an order form and handing over a copy of the order form to the customer.

The e-mail confirmation or the order form must, as far as possible, contain the workshop services to be provided.

CarTraction has the right to issue subcontracts and to use subcontractors for this purpose and to carry out test drives and transfer drives. Transfers of rights and obligations of the customer from the work contract require the written consent of CarTraction.

completion and debtor default

CarTraction is fundamentally obliged to comply with the binding completion dates communicated in writing. If the scope of the actual workshop services to be performed subsequently changes or expands compared to the original order and a delay occurs as a result, CarTraction must notify the customer of a new date without delay, stating the respective reasons.

If CarTraction is unable to meet a binding deadline for completing the workshop services as a result of force majeure, riots, strikes, lockouts or significant operational disruptions through no fault of its own, in particular due to the absence of specialists/supplies or disruptions at service providers, there is no obligation to pay compensation for delays caused as a result or to reimburse wasted expenses. However, CarTraction is obliged to inform the customer of the delays and to reimburse any consideration already provided.

The occurrence of default is determined in principle according to the statutory provisions. Deviating from this, CarTraction will not be in default without a reminder from the customer, even in the case of binding completion dates. If the customer has a claim for compensation for the damage caused by the delay against CarTraction, this is limited to an amount of 5% of the contractual value of the workshop services performed late.

Irrespective of these regulations, the mandatory legal claims of the customer exist, as well as such rights that arise for CarTraction in the event of the exclusion of the obligation to perform due to the impossibility or unreasonableness of the service and/or subsequent performance.

acceptance and default of acceptance

Acceptance of the workshop work by the customer always takes place at the CarTraction branch, which is also the place of performance. If workshop services are provided by CarTraction at a racetrack or externally, the acceptance is carried out by the customer on site. There is then the respective place of performance. Agreements deviating from this can be made in individual cases.

The customer is in default of acceptance if he fails to collect the vehicle provided for workshop services within one week of receipt of the notification of completion and the invoice and CarTraction has requested him to collect the vehicle.

The risk of accidental loss and accidental deterioration of the vehicle is transferred to the customer upon acceptance at the latest. The acceptance by the customer does not matter if the latter is in default of acceptance.

If the customer is in default of acceptance, fails to cooperate or if the provision of the workshop services is delayed for other reasons for which the customer is responsible, this entitles CarTraction to claim the resulting damage including the necessary additional expenses (e.g. the costs of the storage of motor vehicles whose return to the customer is delayed). To compensate for such claims for damages, CarTraction can claim a lump-sum compensation of €7.64 net per day of storage, starting at the end of a period of one week from the completion date or, in the absence of a binding completion date, after notification of readiness for collection. Irrespective of this provision, CarTraction can also prove and claim higher damage. Other legal claims also remain unaffected. If CarTraction asserts a claim that is aimed at payment of a sum of money in excess of the lump sum, the lump sum paid must be offset accordingly. The customer can provide evidence that CarTraction suffered no damage or less damage than the lump sum.

If the customer’s vehicle has to be stored due to the customer’s default in acceptance, all risks associated with the storage shall be borne by the customer.

Prices

At the customer’s request, CarTraction will provide information on the individual cost items and the expected total price in the order form. All cost estimates submitted to the customer by CarTraction are non-binding. The customer cannot derive any rights from such a non-binding cost estimate in the event that the estimated costs are exceeded in individual cases.

All prices listed in the order form for individual items do not include statutory value added tax. The total amount is shown both without and with statutory value added tax.

terms of payment

The agreed remuneration rates for workshop services provided are due for payment to CarTraction at the latest when the vehicle is handed over to the customer – in principle without discount or other discounts, unless otherwise agreed in individual cases. This applies regardless of whether workshop services are provided in the CarTraction branch or on site at a racetrack or externally. In any case, CarTraction can make the handover of the vehicle dependent on outstanding amounts being settled.

In principle, payments are to be made in cash. It is at the discretion of CarTraction to accept other means of payment such as e.g. B. Accept credit cards. Fees and costs arising from the use of foreign currencies or foreign credit cards or similar are to be borne by the customer.

CarTraction is entitled to demand a reasonable advance payment when placing an order for the provision of workshop services. This requires an agreement with the customer in individual cases. From an expected order value of €10,000 gross, however, this generally amounts to 20% of the expected order value.

With the expiry of the above payment deadlines, the customer is in default without requiring a reminder from CarTraction. All claims for payment are subject to interest at the applicable statutory default interest rate for the duration of the customer’s default. In addition, CarTraction has the right to claim further damage caused by delay.

The customer can only assert offsetting or retention rights against CarTraction to the extent that these have been legally established or are undisputed. Excluded from this are the offsetting of the customer with counterclaims from the same contract for work and the assertion of a right of retention, insofar as it is based on claims from the same contractual relationship.

If, after conclusion of the contract, it is revealed that CarTraction’s claims are jeopardized by the customer’s lack of solvency, CarTraction is entitled, in accordance with the provisions of the statutory provisions, to refuse performance and (possibly after setting a deadline) to withdraw from the contract. This applies in particular if an application is made to open insolvency proceedings against the customer’s assets.

retention of title

Insofar as accessories and spare parts installed by CarTraction do not already become an essential part (§ 93 BGB) of the customer’s vehicle through installation, CarTraction retains ownership of the accessories and spare parts used until all current and future claims from the individual have been paid in full work contract. If the customer is an entrepreneur, CarTraction also retains ownership of the accessories and replacements used share until full payment of all current and future claims from an ongoing business relationship.

If parts of the customer’s vehicle that are not an essential part of the vehicle are subject to retention of title, the customer may not dispose of these parts before full payment of the agreed remuneration, in particular may not pledge the parts to third parties or assign them to third parties as security, nor contractually grant a third party grant use. It is the customer’s responsibility to notify CarTraction immediately and in writing of access by third parties to accessories and spare parts subject to retention of title.

Contractor’s lien

CarTraction is entitled to a contractual right of lien on the customer’s items that came into its possession as a result of the conclusion of the contract due to the claim for payment of the remuneration for the provision of workshop services. The contractual right of lien can also be asserted for claims from workshop work previously carried out, spare parts deliveries and other services, insofar as they are related to the subject matter of the contract. For other claims from the business relationship, the contractual right of lien only applies if these are undisputed or if there is a legally binding title and the items in CarTraction’s possession belong to the customer.

Warranty for defects

In the event of material and legal defects in workshop services, the customer’s claims for defects arise in accordance with the relevant statutory provisions, unless otherwise specified in the following provisions. In this respect, CarTraction is only liable for the proper execution of the workshop service, in particular the professional installation and removal of vehicle parts. Insofar as parts are installed that the customer acquires from CarTraction in connection with the workshop order, the customer’s rights due to defects in the parts used are based on Section III. of these General Terms and Conditions. This applies in particular with regard to the installation of motorsport parts. No liability is assumed for parts provided by the customer. In this respect, the customer is obliged to claim against the respective manufacturer by way of product liability.

If the customer accepts a workshop service despite being aware of a defect, he is only entitled to warranty claims if he reserves the right to do so at the time of acceptance.

The customer must report obvious defects in writing within two weeks of acceptance of the workshop services, whereby the deadline is met by sending the notification in good time. In addition, the customer is obliged to disclose and describe defects in the workshop services to CarTraction immediately after they are discovered.

If the customer does not comply with his duties to examine and give notice of defects, CarTraction is not liable for the defect that was not reported (in good time).

If the workshop service provided and accepted is defective, it is fundamentally up to CarTraction to remedy the defect, at its discretion, by repairing it or producing a new work, i. H. performing the necessary workshop services again. If the first attempt at rectification fails, CarTraction has the right to make two further attempts at rectification, insofar as this is necessary and appropriate and overriding interests of the customer do not oppose another attempt at rectification.

CarTraction has the right to make the supplementary performance owed dependent on the customer paying the due remuneration. Irrespective of this, the customer has the right to withhold part of the payment due that is reasonable in relation to the importance of the defect.

The customer must give CarTraction the necessary time and opportunity for the subsequent performance owed, in particular to hand over his vehicle for inspection purposes due to defects in the workshop services that have been reported. Replaced parts become the property of CarTraction.

The expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs, will be borne by CarTraction if it turns out that there is actually a defect. However, if a customer’s request for rectification of defects turns out to be unjustified, CarTraction is fundamentally entitled to demand reimbursement of the costs incurred from the customer.

If the subsequent performance fails or if a reasonable period of time to be set by the customer for the subsequent performance has expired without success or is unnecessary according to the statutory provisions, the customer can withdraw from the contract for work and services or reduce the remuneration owed. In the event of an insignificant defect, withdrawal is excluded.

Claims by the customer for damages or compensation for wasted expenses only exist in accordance with the provisions of theses section and are otherwise excluded. This does not affect liability for fraudulently concealed defects or the assumption of a guarantee for the quality.

statute of limitations

In deviation from Section 634a Paragraph 1 No. 1 BGB, the general limitation period for claims arising from material and legal defects of a work, the success of which lies in the production, maintenance or modification of an item or in the provision of planning or monitoring services for this, is one year from acceptance of the object of the order.

The special statutory regulations for the provision of planning or monitoring services for a work (§ 634a Para. 1 No. 2 BGB) as well as fraudulent intent by CarTraction (§ 634a Para. 3 BGB) remain unaffected by the above regulation.

The above limitation periods also apply in principle to contractual and non-contractual claims for damages by the customer, insofar as these are based on a defect in the work, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. This does not affect the limitation periods of the Product Liability Act.

For the rest, claims for damages are subject to the statutory limitation periods. This applies primarily to the statute of limitations for claims arising from an intentional or grossly negligent breach of duty or injury to life, limb or health.

foreign part installation

At the customer’s request, CarTraction can also install third-party parts. External parts within the meaning of this regulation are those parts and accessories that CarTraction has neither manufactured itself nor obtained from a supplier, but rather come from the customer and have been brought by the customer. In the event of such an installation of third-party parts, CarTraction assumes no liability with regard to the freedom from defects of the third-party parts used and possible effects on the customer’s vehicle through the use of these parts.

Loss of Warranty Claims and Impact on Warranty

Modifying the data status of driving dynamics control units or installing additional control units, such as damper control or regulated differential lock, may invalidate the warranty claims against the manufacturer of your vehicle with regard to the chassis, brakes and body. In addition, the modification can affect possible warranty claims against the seller of your vehicle. With the exception of claims that may arise from a guarantee granted by CarTraction, CarTraction cannot be held liable or this.

General operating permit and insurance coverage

Changing data sets, installing an additional control unit or installing parts or third-party parts can invalidate the general operating permit for your vehicle. The consequence of this is that the vehicle modified in this way may not be used on public roads. You have to organize the technical acceptance by an officially recognized testing facility within the meaning of § 19 StVZO on your own responsibility and at your own expense. You will also be informed that there is no insurance cover without a general operating permit.

In view of the product and equipment-related variety in the vehicle sector, CarTraction is unable to check all properties for compatibility and to guarantee this. A suitability for acceptance by an officially recognized testing facility within the meaning of § 19 StVZO is not agreed.

III. Provisions for the sale of spare parts and accessories

scope of application

The regulations of the III. Sections also apply if the customer concludes a contract with CarTraction for the purchase and delivery of spare parts and accessories, regardless of whether CarTraction manufactures the products itself or buys them from the respective manufacturer.

conclusion of contract

If the customer makes a purchase in the CarTraction branch or at the race track, the customer makes a binding verbal contract offer after selecting the desired spare parts and accessories. CarTraction can only accept this immediately. After verbal or e-mail acceptance of the offer, a purchase contract is concluded immediately.

If the customer orders accessories and spare parts from CarTraction by way of distance selling (order by telephone, e-mail or order in the online shop), this represents a binding contractual offer by the customer. Unless otherwise specified, CarTraction is entitled to the right to accept the offer to conclude a purchase contract within two calendar weeks of receipt of the offer by the customer. In this case, the acceptance can either be accepted in writing through an order confirmation, textually by e-mail or through conclusive behavior, in which CarTraction proceeds to fulfilling the contract and the delivery of the goods an the customer makes.

right of withdrawal

If the customer is a consumer and places an order with CarTraction by way of distance selling (order by telephone or order by e-mail), the customer has a right of withdrawal in accordance with the statutory provisions.

Reference is made to the separate cancellation policy, which can also be accessed free of charge at www.CarTraction.de.

Voluntary right of return for consumers and commercial customers

CarTraction grants you a voluntary, contractual right of return for most purchased goods. This right of return is independent of and in addition to the statutory rights to which you are entitled. In particular, your warranty rights and your right of cancellation as a consumer remain unrestricted and unaffected.

a) Return period

The right of return exists within 30 days from the day on which you or a third party named by you who is not a carrier received the goods. The day of delivery is not included in the calculation of the period.

b) Exercising the right of return

To exercise your right of return, please return the goods you received to CarTraction within 30 days. It is sufficient if you send the goods within this period. The goods must be undamaged, complete, in the original packaging and securely packed. The goods must be accompanied by a letter showing your customer number, the delivery date and the invoice number.

c) Exclusion of the right of return

There is no right of return for

– electrical or electronic parts or devices

– Items that we do not keep in stock

– Items that CarTraction has manufactured specifically for your purposes according to your wishes and specifications

– damaged or incomplete items and items without original packaging

– Software packages

d) Consequences of return

If you send the goods back to CarTraction in accordance with the above regulations, CarTraction will reimburse you for the purchase price paid, but not the return costs and any shipping costs for the original purchase.

If the goods have lost value while you were in possession, CarTraction is entitled to deduct this loss in value from the purchase price, but only if the loss in value is due to the handling of the goods that is not necessary to establish the condition, properties and functionality of the goods.

e) Special regulations for commercial customers

If you have purchased goods from CarTraction as part of your commercial activity (“B2B”), CarTraction will not reimburse the costs of returning the goods. In addition, CarTraction reserves the right to charge a restocking fee of 15% of the net value of the goods and to deduct this from the purchase price to be refunded.

f) assumption of risk

CarTraction expressly points out that the customer bears the transport risk for the return. This means that CarTraction is not obliged to refund the purchase price if the goods are lost or damaged on the way back. In this case, you may be entitled to compensation claims against the transport company you have commissioned.

Delivery, debtor and acceptance default

Delivery dates and periods specified by CarTraction require written confirmation in order to be binding. Otherwise, these are only guide values for the customer.

If CarTraction fails to meet binding delivery dates or deadlines for reasons for which CarTraction is not responsible, CarTraction will immediately inform the customer of the delay and at the same time determine a new delivery date or a new delivery deadline. If CarTraction is also prevented from providing a contractual service at this time for reasons for which it is not responsible, CarTraction is entitled to withdraw from the purchase contract in whole or in part. If the customer has provided the agreed consideration or part thereof by this time, CarTraction is obliged to reimburse it immediately.

CarTraction is not responsible if the delivery of spare parts and accessories by suppliers does not take place on time, CarTraction has concluded a transaction with the supplier that is congruent with the purchase contract of the customer, CarTraction and the supplying company are not at fault or CarTraction is not in the specific individual case is obliged to purchase.

The occurrence of default is determined in principle according to the statutory provisions. Deviating from this, CarTraction will not be in default without a reminder from the customer, even in the case of binding delivery dates and deadlines. If the customer has a claim for compensation for the damage caused by the delay against CarTraction, this is limited to an amount of 5% of the contractual value of the service rendered late. CarTraction is not liable if the damage is also at timely delivery would have occurred.

Irrespective of these regulations, the mandatory legal claims of the customer as well as those rights that arise for CarTraction in the event of the exclusion of the obligation to perform due to the impossibility or unreasonableness of the service and/or subsequent performance.

If requested by the customer, the ordered spare parts and accessories can be shipped to another destination at the customer’s expense. In the case of such a mail-order purchase, CarTraction has the right, subject to deviating individual contractual agreements, to determine the type of shipment (commissioned company, shipping route, packaging).

The risk of accidental loss and accidental deterioration of the goods is transferred to the customer at the latest when the goods are handed over. In the case of a mail order purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delays is already transferred to the customer when the goods are handed over to the freight forwarder, carrier or other person or company responsible for carrying out the shipment. However, if the customer is a consumer, this only applies in the event that the customer has specified the forwarding agent, carrier or other person or company responsible for carrying out the shipment and CarTraction has not specified this person or this company to the customer previously named. The transfer to the customer is the same if the latter is in default of acceptance.

If the customer is in default of acceptance, fails to cooperate or if the delivery of the ordered goods is delayed for other reasons for which the customer is responsible, this entitles CarTraction to claim the resulting damage, including the necessary additional expenses (e.g. the costs the storage of products whose delivery to the customer is delayed). To compensate for such claims for damages, CarTraction can demand a lump-sum compensation of 0.5% of the net price of the ordered products per calendar week, starting at the end of a period of two weeks after the delivery date/after the end of the delivery period or in the absence of a binding delivery date/a binding delivery period after notification of readiness for dispatch or collection. The lump-sum compensation is limited to a maximum of 5% of the net product price. Irrespective of this provision, CarTraction can also prove and claim higher damage. Other legal claims also remain unaffected. If CarTraction asserts a claim that is aimed at payment of a sum of money in excess of the lump sum, the lump sum paid must be offset accordingly. The customer can provide evidence that CarTraction suffered no damage or less damage than the lump sum.

Prices

The relevant purchase price is always the current price at the time the contract is concluded. All prices are gross prices including statutory VAT.

In the case of a mail-order purchase, the customer must also bear the transport costs. If the customer wishes to take out transport insurance, he must also bear the resulting additional costs. Transport packaging and all other packaging within the meaning of the Packaging Act will not be taken back by CarTraction. Rather, these become the property of the customer.

The customer bears any customs duties, fees, taxes, costs for confirmations of arrival and other public charges.

In the case of intra-community deliveries that are not subject to sales tax, CarTraction reserves the right to initially issue an invoice that takes the sales tax into account. CarTraction will reimburse the customer for the amounts due for taxes if the customer presents CarTraction with a confirmation of arrival that meets the legal requirements or the documents required in individual cases to prove that the goods have actually been exported abroad.

terms of payment

In the case of a product purchase at CarTraction’s headquarters, the purchase price is due for payment immediately. The replacement parts and accessories are handed over immediately after the outstanding amounts have been settled, unless otherwise agreed.

If payment in advance is agreed between the parties, the purchase price is due for payment within 14 days of invoicing. The handover or shipping can only take place after receipt of payment.

In all other cases, the purchase price is due for payment within 14 days of invoicing and delivery or collection of the goods.

With the expiry of the above payment deadlines, the customer is in default without requiring a reminder from CarTraction. All purchase prices are for the duration of the debtor’s default of the customer with the respectives applicable statutory default interest rate. In addition, CarTraction has the right to claim further damage caused by delay.

The customer can only assert offsetting or retention rights against CarTraction to the extent that these have to be legally established or undisputed. Excluded from this are the customer’s offsetting against counterclaims from the same purchase contract and the assertion of a right of retention, insofar as it is based on claims from the same contractual relationship.

retention of title

The ownership of the products sold is reserved until all current and future claims arising from the individual purchase contract have been paid in full. If the customer is an entrepreneur, CarTraction also retains title to the products sold until all current and future claims from an ongoing business relationship have been paid in full.

If products purchased by the customer are subject to retention of title, the customer may not dispose of these products before full payment of the purchase price, in particular not pledge the products to third parties or assign them to third parties as security, nor grant third parties contractual use. It is the customer’s responsibility to notify CarTraction immediately and in writing of any access by third parties to products subject to retention of title.

Warranty for defects

If the customer purchases spare parts and accessories from CarTraction as part of a purchase contract, these are basically motorsport parts without ABE, unless they are expressly marked as regular spare parts, and are not permitted under the StVZO. The purchase of motorsport parts represents a purchase of short-lived high-performance products. Due to the nature of the products, which are subject to high stress and therefore have a regularly short use and service life, CarTraction cannot assume any guarantee or warranty for these special motorsport parts.

Only insofar as the customer purchases spare parts and accessories that are expressly marked as parts permitted under the StVZO, e.g. B. by means of ABE, parts certificate or similar, the provisions of the Civil Code on warranty rights in the event of defects also apply. However, the assertion of warranty rights presupposes that the spare parts and accessories are used as intended. Spare parts and accessories are used as intended, provided that they are exposed to the normal wear and tear of driving on public roads. Insofar as the parts are used beyond this, in particular through participation in racing or events aimed at achieving high speeds, no guarantee can be given for these parts. We would also like to point out that the parts can become damaged due to the exceptional loads that are typical in racing, which can also lead to consequential damage. The customer assures that he is aware of this risk and will not assert any claims for damages or warranty claims. For these spare parts and accessories, a guarantee can only be given in the case of the delivery of defective parts.

Furthermore, there is no warranty for defects in the purchased item if it is a matter of buying used accessories and spare parts and the products purchased have also been expressly marked as such. In the case of used parts, CarTraction is only liable if CarTraction has fraudulently concealed the existence of a defect or has assumed a guarantee for the condition of the item. Otherwise, used parts are purchased as seen. CarTraction only undertakes to subject used parts to an examination of their suitability for use. However, the customer cannot derive any warranty rights against CarTraction from this.

Insofar as a warranty is otherwise possible, the customer’s claims for defects in the case of material defects and defects of title are based on the relevant statutory provisions, unless otherwise stated in the following provisions. The special statutory provisions on supplier recourse according to §§ 478, 479 BGB remain unaffected by the following regulations, insofar as the customer of CarTraction is an entrepreneur and as a supplier sells the purchased goods to end consumers.

if the statutory warranty for defects applies, this is based in particular on the agreed quality of the products purchased. The product descriptions used by CarTraction and designated as such are deemed to be an agreement on the quality of the goods. This also applies if CarTraction uses the product description of its own supplier and different from CarTraction.

If the purchase contract is a commercial transaction for both CarTraction and the customer, who is an entrepreneur, within the meaning of §§ 343 ff HGB, the warranty for defects depends on compliance with the statutory inspection and notification obligations from §§ 377, 381 HGB. As a result, the customer must report a defect to CarTraction in writing without delay. The notification is deemed to be immediate if it is made within a period of two weeks after the defect has become known, whereby the deadline is met by sending the notification of the defect in good time.

Irrespective of the obligations under commercial law, a customer who is an entrepreneur must notify us in writing of obvious defects (including cases of incorrect and short deliveries) within two weeks of acceptance or delivery, even without the existence of a commercial transaction, whereby the deadline is also exceeded by timely dispatch the display is preserved.

If the customer, who is an entrepreneur, does not comply with his legal and/or contractual obligations to examine and give notice of defects, CarTraction is not liable for the defect that was not reported (in good time).

If the accepted or delivered goods are defective, it is fundamentally up to the customer to choose between rectification or delivery of a defect-free item to remedy the defect. If the customer fails to make a corresponding declaration, CarTraction can request the customer to exercise his right to choose within a reasonable period of time. If the customer does not exercise his right to choose within the period set, the right to choose passes to CarTraction upon expiry of the period.

CarTraction has the right to make the supplementary performance owed dependent on the customer paying the purchase price due. Irrespective of this, the customer retains the right to withhold part of the purchase price due, which is reasonable in relation to the importance of the defect.

The customer must give CarTraction the necessary time and opportunity for the supplementary performance owed, in particular to hand over the goods complained of for defects for inspection purposes. If the customer or CarTraction decides in case of a replacement delivery, the customer must return the defective item in accordance with the statutory provisions. If the customer decides to rectify the defect, he can request CarTraction to remove the defective item and install a defect-free item, provided that the products originally delivered by CarTraction have been installed as intended. The customer has the right to choose to demand the required amount of money as an alternative. The reimbursement of expenses is limited to an amount that corresponds to the proportionate costs. On the other hand, CarTraction can generally refuse to reimburse disproportionate costs.

If the supplementary performance fails or if a reasonable period of time to be set by the customer for the supplementary performance has expired without success or is unnecessary according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. In the event of an insignificant defect, withdrawal is excluded.

Claims by the customer for damages or compensation for wasted expenses only exist in accordance with the provisions of this section and are otherwise excluded. This does not affect liability for fraudulently concealed defects or the assumption of a guarantee for the quality.

statute of limitations

Contrary to Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is two years from receipt or delivery of the contractual goods. If the customer is an entrepreneur, the statute of limitations for claims arising from defects in quality and title is one year from receipt or delivery of the contractual goods, in deviation from the above provision.

In the case of the purchase of used spare parts and accessories, the general limitation period for claims arising from defects in the purchased item is one year from receipt or delivery, unless this is excluded in accordance with Section 8of the contract goods. If the customer is an entrepreneur, the limitation period for claims arising from defects in the used purchased item is six months from receipt or delivery of the contractual goods, in deviation from the above provision.

Statutory special regulations for third-party claims for restitution in rem (§ 438 Para. 1 No. 1 BGB), in the case of fraudulent intent by CarTraction (§ 438 Para. 3 BGB) and for claims in supplier recourse in the case of final delivery to a consumer (§ 479 BGB) remain unaffected by the provision provided. .

The above limitation periods also apply in principle to contractual and non-contractual claims for damages by the customer, insofar as these are based on a defect in the service, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. This does not affect the limitation periods of the Product Liability Act.

Provisions for the Provision of Services

scope of application

The provisions of Section IV also apply if the customer concludes a contract with CarTraction for the provision of services. Such are regularly related to the service offered by CarTraction in connection with races, test days, driver training courses or other events and are provided by CarTraction on site or in a spatial context.

These include the following services in particular (the catalog is not exhaustive):

Driver coaching by racing instructors

Organization and implementation of courses

Technical advice and support

Insofar as the customer books a complete package that includes service contract components as well as service contract components, the provisions of this section for the service contract components and, in addition, the provisions of Section II for the service contract components apply.

conclusion of contract

A contract for the provision of services by CarTraction comes about when the customer books the desired services with CarTraction and CarTraction accepts this offer within fourteen calendar days by means of a written order confirmation.

If CarTraction begins to perform the contract without the customer having previously received an order confirmation, the contract comes into effect when the performance of the contractual services begins.

CarTraction has the right to transfer the provision of individual services to third parties. CarTraction remains the customer’s contractual partner, unless otherwise specified in individual cases.

Subject of the contract and performance of the services

Unless otherwise agreed in individual cases, the content and scope of the services to be provided by CarTraction result exclusively from the written order confirmation.

CarTraction determines – in accordance with the subject matter of the contract – the manner in which the service is rendered.

The customer is not authorized to give instructions to CarTraction or the employees of CarTraction who are involved in the provision of services or other third parties commissioned with the provision of services.

Dates, deadlines and delays

If CarTraction determines dates and deadlines for the provision of services, these are only binding if they are the subject of the written order confirmation to the customer.

Performance periods generally begin with the conclusion of the contract, unless otherwise agreed in individual cases. Insofar as performance dates are agreed, these are subject to the proviso that CarTraction for its part receives the necessary services from its respective contractual partners in good time and in accordance with the contract.

If CarTraction fails to meet binding performance dates or deadlines for reasons for which CarTraction is not responsible, CarTraction will immediately inform the customer of the delay and at the same time determine a new performance date or a new performance deadline. If CarTraction is also prevented from providing a contractual service at this time for reasons for which it is not responsible, CarTraction is entitled to withdraw from the contract in whole or in part. If the customer has provided the agreed consideration or part thereof by this time, CarTraction is obliged to reimburse it immediately.

CarTraction is not responsible if the third-party companies involved do not provide their services on time and neither CarTraction nor the third-party company is at fault.

The occurrence of default is determined in principle according to the legal regulations. Deviating from this, CarTraction will not be in arrears without a reminder from the customer, even in the case of binding performance dates and deadlines. If the customer has a claim for compensation for the damage caused by the delay against CarTraction, this is limited to an amount of 5% of the contractual value of the service rendered late. CarTraction is not liable if the damage would have occurred even if the service had been provided on time.

Prices

Only the prices stated in the written order confirmation are authoritative and binding. Unless otherwise agreed in individual cases, the prices are gross prices including statutory VAT.

terms of payment

The agreed remuneration rates for services to be provided are due for payment to CarTraction upon conclusion of the contract – in principle without discount or other discounts, unless otherwise agreed in individual cases. CarTraction will determine on a case-by-case basis how many tranches and when payment targets are to be met. In any case, CarTraction can make the provision of services dependent on outstanding amounts being paid in advance by way of advance payment.

In principle, payments are to be made in cash. It is at CarTraction’s discretion to accept other means of payment such as bank transfers, credit cards, etc. Fees and costs arising from the use of foreign currencies or foreign credit cards or similar are to be borne by the customer.

With the expiry of the payment deadlines specified in the individual case, the customer is in default without requiring a reminder from CarTraction. All claims for payment are subject to interest at the applicable statutory default interest rate for the duration of the customer’s default. In addition, CarTraction has the right to claim further damage caused by delay.

The customer can only assert offsetting or retention rights against CarTraction to the extent that these have to be legally established or undisputed. This does not limit the customer’s ability to assert counterclaims resulting from a service disruption for which CarTraction is responsible.

performance disruptions

If CarTraction does not provide a service in accordance with the contract and CarTraction is responsible for this, it is obliged to provide the service in full or in part within a reasonable period of time without additional costs for the customer, unless this is only possible with disproportionate effort or is in the interest of CarTraction of the customer in the service is temporarily omitted (absolute fixed transaction). This presupposes that the customer reports a service disruption to CarTraction in writing and immediately after becoming aware of it. If CarTraction is prevented from providing the service due to force majeure, CarTraction is not responsible for the delay.

If CarTraction has not provided a service in accordance with the contract and is also responsible for this and if CarTraction is unable to provide the contractual service even within a grace period set by the customer for reasons for which CarTraction is also responsible, the customer is entitled to terminate the contract without notice . The right to extraordinary termination for important reasons remains unaffected by the above provision.

If the customer makes use of his above right of termination, CarTraction is entitled to payment of the remuneration for the services rendered up to the effective date of the termination. On the other hand, CarTraction’s claim does not apply to such services in relation to which the customer demonstrates in a qualified manner within two weeks after receipt of the declaration of termination that they are or were not usable and of no interest to him.

If CarTraction is not responsible for a service that was not provided in accordance with the contract, CarTraction will offer the customer to provide the service in accordance with the contract within the scope of its possibilities. If the customer accepts this offer from CarTraction, this entails the obligation of the customer to cover the additional effort and proven additional costs associated with the provision take over.

statute of limitations

Deviating from the statutory period, all customer claims resulting from performance disruptions within the meaning of the above provision become statute-barred within one year of the statutory start of the statute of limitations.

The statutory limitation periods remain unaffected as far as the limitation of claims from an intentional or grossly negligent breach of duty or an injury to life, limb or health is concerned.

Liability for external services

CarTraction is not liable for disruptions in performance, personal injury or damage to property in connection with services that are only brokered as third-party services if these services are expressly marked as third-party services in the description of services and the order confirmation, stating the brokered contractual partner, in such a way that they are recognizable for the participant are not part of the services provided by CarTraction itself.

Miscellaneous

Only the German version applies and is decisive in the event of legal disputes in the event of ambiguities, errors and deficiencies as well as contradictions to the translation.

If texts (e.g. contracts, terms and conditions, correspondence) are also used in other languages, these are for information only.