STEINBAUER Tuning Technologies UK Limited – Terms and Conditions
1 Interpretation
1.1 In these Conditions the following definitions apply:
Business Day means a day other than Saturday, Sunday and public holidays;
Buyer means the buyer whose details are set out in the Order;
Conditions
Confidential
means the terms and conditions set out in this document;
Information
Contract
means any commercial, financial or technical information, information relating to products,
plans, know-how or trade secrets which is obviously confidential or has been identified as
such, or which is developed by a party in performing its obligations under, or otherwise
pursuant to the Contract;
means the agreement between the Seller and the Buyer for the sale and purchase of Products incorporating
these Conditions and the Order;
Delivery Location means the address(es) for delivery of the Goods or the performance of the Services as set out in the Order;
Force Majeure means an event or sequence of events beyond a party's reasonable control (after exercise of
reasonable care to put in place robust back-up and disaster recovery arrangements)
preventing or delaying it from performing its obligations under the Contract including an
act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil
unrest;
Goods means the goods and related accessories, spare parts and documentation and other physical
material set out in the Order and to be supplied by the Seller to the Buyer;
Intellectual
Property Rights means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights,
rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing
off, domain names and all similar rights and, in each case:
(a) whether registered or not
(b) including any applications to protect or register such rights
(c) including all renewals and extensions of such rights or applications
(d) whether vested, contingent or future
(e) to which the Seller is or may be entitled, and
(f) in whichever part of the world existing;
Order means the Buyer's order for the Products from the Seller as set out in the Buyer's order
form;
Products means the Goods, the Services or both of them, as the case may be;
Seller
Services
means the person who sells the Products to the Buyer as set out in the Order;
means any services including any installation services set out in the Order or which are to
be purchased as ancillary to the supply of the Goods;
Manufacturer
Specification
The company that designs and produces the product.
means the description, or specification of the Products and their packaging set out or
referred to in the Order;
Value Added
Tax or VAT
means value added tax under the Value Added Taxes Act 1994 or any other similar sale or
fiscal tax applying to the sale of the Products.
1.2 Unless the context otherwise requires:
1.2.1 each gender includes the others;
1.2.2 the singular includes the plural and vice versa;
1.2.3 references to the Contract include the Conditions, the Order and its schedule (the Schedule, if any);
1.2.4 references to persons include individuals, unincorporated bodies, government entities, corporations and other entities;
1.2.5 clause headings do not affect their interpretation;
1.2.6 general words are not limited by example; and
1.2.7 references to any legislation will be construed as a reference to that provision as amended, reenacted or extended at the
relevant time.
2 Application of these terms and conditions
2.1 These terms and conditions apply to and form part of the Contract between the Seller and the Buyer. They supersede any
previously issued terms and conditions of purchase or supply.
2.2 No terms or conditions endorsed on, delivered with, or contained in the Buyer’s purchase order, confirmation of order,
specification or other document will form part of the Contract.
2.3 No variation of the Terms or to an Order, or to a quotation from the Seller will be binding unless expressly agreed in writing
and executed by a duly authorised signatory of the Seller.
2.4 An Order will be deemed to be an offer to purchase Products from the Seller on these Conditions.
2.5 Orders are not binding until accepted by the Seller in writing. The Seller reserves the right at all times to reject any Order,
in whole or in part, at its sole discretion.
2.6 Quotations issued by the Seller are valid for 30 Business Days from date of issue. Quotations will be deemed to be an
invitation to treat by the Seller to supply Products on and subject to the Conditions, and do not constitute an offer to sell or
supply. If the Buyer wishes to purchase Services the subject of a quotation, it will need to place an Order.
2.7 Marketing and other descriptive matter relating to Products are illustrative only, and do not form part of the Contract. The
Buyer agrees that, in placing an Order, it has not relied on any representation or statement by the Seller not set out in the
Contract.
2.8 A contract will be formed upon the earlier to occur of:
2.8.1 written acceptance by the Seller of the Buyer’s Order; or
2.8.2 the execution of a specific written agreement by both the Seller and the Buyer.
3 Price
3.1 The price for the Products will be as set out in the Order or, in default of such provision, will be calculated in accordance with
the Seller's scale of charges as advised by the Seller and received by the Buyer before the date the Order is made.
3.2 The price:
3.2.1 does not include packaging, delivery and installation which will be charged in addition; and 3.2.2 does not include
Value Added Tax which will be charged in addition at the then applicable rate.
3.3 The price is payable in full on delivery of the Goods and/or completion of the Services.
3.4 Services are charged on the basis set out in the Order.
3.5 The Seller may vary its rates and/or prices for Products from time to time. Prices will be increased in the event of significant
price increases of raw materials or statutory wage increases. Price changes can occur without prior notice and the Buyer is
therefore recommended to check the quotation before purchase.
4 Payment
4.1 The Seller will invoice the Buyer for the Products in advance. Invoices will include all information necessary to enable the
Buyer to check their accuracy.
4.2 The Buyer will pay each validly submitted invoice:
4.2.1 in full, without deduction or set-off other than as required by law, in cleared funds within 30 days of date of invoice;
4.2.2 to the Seller’s nominated bank account specified in the Order.
Time of payment is of the essence.
4.3 Where sums due hereunder are not paid in full by the due date:
4.3.1 the Seller may, without limiting its other rights, charge interest on such sums at 8% a year above the base rate of the
Bank of England from time to time in force;
4.3.2 interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether
before or after judgment.
4.4 VAT will be charged by the Seller and paid by the Buyer at the then applicable rate.
5 Delivery, installation
5.1 The Goods will be:
5.1.1 delivered by or for the Seller to the Delivery Location on the date(s) specified in the Order; or
5.1.2 made available for collection by the Buyer at the Seller’s, or carrier's as the case may be, premises set out in the Order.
The Buyer will collect the Goods within the period specified in the Order.
5.2 The Goods will be deemed delivered:
5.2.1 if delivered by or for the Seller under clause 5.1.1, on arrival of the Goods at the Delivery Location;
5.2.2 if collected by the Buyer under clause 5.1.2, on completion of loading at the Seller's, or carrier's as the case may be,
premises.
5.3 The Goods may be delivered by instalments if provided in the Order. Any delay in delivery or defect in an instalment will not
entitle the Buyer to cancel any other instalment.
5.4 Delivery of the Goods, or part thereof, will be accompanied by a delivery note stating:
5.4.1 the date of the Order;
5.4.2 the relevant Buyer and Seller details;
5.4.3 the product numbers and type and quantity of Products in the consignment;
5.4.4 any special handling and other instructions; and
5.4.5 whether any packaging material is to be returned (in which case the Buyer will, at the Seller's option, return them to
the Seller or make them available for collection by the Seller at a time specified by the latter, and in either case at the
Buyer’s expense).
5.4.6 The Seller will use its reasonable endeavours to meet delivery dates but such dates are approximate only, and time of
delivery is not of the essence.
5.5 The Seller will not be liable for any delay in or failure of delivery caused by:
5.5.1 the Buyer's failure to: (i) make the Delivery Location available, (ii) prepare the Delivery Location as required for delivery
and installation of the Goods or (iii) provide the Seller with adequate instructions, for delivery and installation or otherwise
relating to the Goods; 5.5.2 the Buyer's failure to collect the Goods from the Seller's premises; or
5.5.3 an event of Force Majeure.
5.6 If the Buyer fails to accept delivery of or collect the Goods as provided in clause 5.1.1 or 5.1.2 on the date or within the period
set out in the Order:
5.6.1 delivery of the Goods will be deemed to have occurred at 9am on the 7th Business Day following such date; and
5.6.2 the Seller will store and insure the Goods pending delivery, and the Buyer will pay all costs and expenses incurred by
the Seller in doing so.
5.7 If 14 Business Days following the due date for delivery or collection of the Goods, the Buyer has not taken delivery of or
collected them, the Seller may resell or otherwise dispose of the Products. The Seller will:
5.7.1 deduct storage charges at the Seller's then-applicable rate and reasonable costs of resale; and
5.7.2 account to the Buyer for any excess of the resale price over, or invoice the Buyer for any shortfall of the resale price
below, the price paid by the Buyer for the Products.
6 Title and risk
6.1 Risk in the Goods will pass to the Buyer on delivery.
6.2 Title to the Goods will pass to the Buyer once the Seller has received payment in full for the Goods.
6.3 Until title to the Goods has passed to the Buyer, the Buyer will:
6.3.1 hold the Goods as bailee for the Seller;
6.3.2 store the Goods separately from all other material in the Buyer's possession;
6.3.3 take all reasonable care of the Goods and keep them in reasonable condition;
6.3.4 insure the Goods: (i) with a reputable insurer (ii) from the date of delivery (iii) against all risks
(iv) for an amount at least equal to the price (v) noting the Seller's interest on the policy;
6.3.5 ensure that the Goods are clearly identifiable as belonging to the Seller;
6.3.6 not remove or alter any mark on or packaging of the Goods;
6.3.7 inform the Seller as soon as possible if it becomes subject to any of the events set out in clause 13.1; and 6.3.8 provide
the Seller such information concerning the Goods as the Seller may request from time to time.
6.4 If, at any time before title to the Goods has passed to the Buyer, the Buyer informs the Seller, or the Seller reasonably believes,
that the Buyer has or is likely to become subject to any of the events specified in clause13.1, the Seller may:
6.4.1 require the Buyer at the Buyer's expense to re-deliver the Goods to the Seller; and
6.4.2 if the Buyer fails to do so promptly, enter any premises where the Goods are stored and repossess them.
7 Warranties
7.1 The Seller warrants that:
7.1.1 for a period of 3 months from completion of the Services (the Warranty Period), the Services will comply with the
Specification;
7.1.2 for a period of 1 year from delivery of the Goods (the Warranty Period), the Goods will comply with the Specification;
7.1.3 it has clear title to the Goods and the right to provide them to the Buyer; and
7.1.4 installation guides are not provided with the Products but are available to download direct from www.steinbauer.cc
7.1.5 The Product Warranty can be extended to 3 years on website registration on www.steinbauer.cc and warranty is decided by
the manufacturer; Steinbauer Performance GmbH
7.2 The Seller will not be liable for any failure of any Products to comply with clause 7.1 to the extent:
7.2.1 caused by the Buyer’s failure to comply with the Seller’s instructions in relation to the Products;
7.2.2 caused by the Seller following any Specification or other document supplied by or instruction from the Buyer;
7.2.3 where the Buyer alters the Products or the results of the Products without the Seller’s prior written agreement; or
7.2.4 where the Buyer uses the Products or the results of the Products after notifying the Supplier that the Products do not
comply with clause 7.1.
7.3 The Seller reserves the right to deny any claim under guarantee where an approved STEINBAUER dealer has not inspected
the original installation of the Goods.
7.4 Except as set out in this clause 7:
7.4.1 the Seller gives no warranty in relation to the Products;
In particular, the terms implied by ss 14 and 15 of the Supply of Goods and Services Act 1982 are expressly excluded.
7.5 All item carries Return to Base Warranty. This means "You the Buyer" are responsible for sending the item back to us where
product should be insured and should have courier tracking number.
7.5.1 the ‘buyer’ is responsible for the return cost of products for warranty and testing purposes.
8 Failure of or delay in performance
8.1 If the Seller is prevented or delayed in performing the Contract by any cause attributable to the Buyer, the Seller (without
prejudice to its other rights):
8.1.1 may suspend performance of the Contract until the Buyer remedies its default;
8.1.2 will not be liable for any costs or losses sustained by the Buyer as a result of such suspension; and
8.1.3 may charge the Buyer (and the Buyer will pay in accordance with the Contract) costs or losses incurred by the Seller
arising from the Buyer’s default, subject to clause 9.
9 Liability
9.1 The Seller does not exclude its liability:
9.1.1 for death or personal injury caused by its negligence; or
9.1.2 for defective products under the Consumer Protection Act 1987;
9.1.3 for fraud or fraudulent misrepresentation;
9.1.4 under any indemnity given by it hereunder.
9.2 Steinbauer tuning technologies UK Ltd is the wholesaler/reseller of products, the Seller does not design, develop or
manufacturer any products.
9.21 For product liability please refer to the manufacturers terms and conditions found on; https://www.steinbauer.cc/gb/terms/en/
9.3 Neither party will be liable for:
9.3.1 loss of data or use;
9.3.2 any form of indirect, consequential or special loss; or
9.3.3 any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether
any such loss is direct or indirect; and, in each case, however arising.
9.4 The Seller will not be liable or responsible for any Goods damaged or destroyed due to improper installation or misapplication.
9.5 Other than as set out above, the Supplier limits its liability (however arising) in respect of or in connection with the Products,
and otherwise in connection with the Contract, to 75 per cent of the total price of the Products under the Contract in total.
10 Intellectual property rights
10.1 Nothing in the Contract will affect the rights (including Intellectual Property Rights) in the Products which are and shall remain
vested in the Seller.
10.2 To the extent that the Products are used or incorporated into the Services or any part of the Goods then the parties acknowledge
and agree that the Buyer is licensed to use the same upon the terms set out in clause 10.3.
10.3 The Seller hereby grants to the Buyer a royalty-free, worldwide licence, revocable only for breach by the Buyer of the terms
of the Contract, to use the Products solely to the extent necessary to use the results of the Services. The Buyer:
10.3.1 will not use the Products for any other purpose;
10.3.2 will not modify or reverse engineer or take any similar action in relation to any propriety software of the Seller (except
so far as required for interoperability);
10.3.3 hereby assigns to the Seller, on their creation, all Intellectual Property Rights which arise or are created by any use by
it of, or work done by it on, the Products or the results of the Services.
11 Confidentiality
11.1 Each party shall keep confidential all Confidential Information of the other party and will only use the other's Confidential
Information as required to perform the Contract. The provisions of this clause will not apply to:
11.1.1 any information which was in the public domain at the date of the Contract;
11.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the
Contract or any related agreement;
11.1.3 is independently developed by the other party without using information supplied by the first party; or 11.1.4 any
disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
11.2 This clause 11 will remain in force for a period of 3years years from the date of the Contract.
12 Force majeure
12.1 A party will not be liable if delayed in or prevented from performing its obligations due to force majeure, provided that it:
12.1.1 promptly notifies the other of the force majeure event and its expected duration; and
12.1.2 uses best endeavours to minimise the effects of that event.
12.2 If, due to force majeure, a party:
12.2.1 is or will be unable to perform a material obligation; or
12.2.2 is delayed in or prevented from performing its obligations for a continuous period exceeding 14 days; the parties will,
within 30 days, renegotiate the Contract to achieve, as nearly as possible, the original commercial intent.
13 Termination
13.1 The Contract may be terminated forthwith at any time by either party on written notice to the other if:
13.1.1 the other commits a material breach, or series of breaches resulting in a material breach, of the Contract and such breach
is not remediable or is not remedied within 14 days of written notice requiring that party to do so;
13.1.2 the other: (i) suspends or threatens to suspend payment of its debts, (ii) is unable to pay its debts as they fall due or (iii)
is unable to pay its debts (being a company) within the meaning of s 123 of the Insolvency Act 1986 or (being an
individual) within the meaning of s 268 of the Insolvency Act 1986 or (being a partnership) there is any partner to
whom any of the foregoing applies;
13.1.3 the other: (i) negotiates with its creditors for rescheduling of its debts, (ii) makes a proposal to or compounds with its
creditors in respect of its debts or (iii) makes an application to court for protection from its creditors generally;
13.1.4 the other passes a resolution for winding-up or for the appointment of an administrator, or a liquidator or administrator
is appointed in relation to the other, or a winding-up order is made in relation to the other;
13.1.5 a receiver or administrative receiver may be or is appointed in relation to the other or any of its assets;
13.1.6 any creditor of the other attaches, takes possession of, or any distress, execution or similar process is levied or enforced
against, all or any part of the other's assets, and such attachment or process is not discharged within 14 days;
13.1.7 the other takes or suffers any action similar to any of the above in any jurisdiction;
13.1.8 there is a material change in the management, ownership or control of the other;
13.1.9 the other suspends trading, ceases to carry on business, or threatens to do either;
13.1.10 the other (being an individual) dies or ceases to be capable of managing his own affairs; or
13.1.11 the other is subject to an event of Force Majeure under clause 12.
13.2 In addition to its rights under clause 13.1, the Supplier may terminate the Contract at any time:
13.2.1 on 14 days' written notice to the Buyer;
13.2.2 immediately on written notice to the Buyer if the Buyer has failed to pay any amount due under the Contract on the due
date.
13.3 The Buyer may terminate the Contract at any time:
13.3.1 on 14 days' written notice to the Supplier;
13.3.2 on immediate written notice to the Supplier if the Supplier has, for reasons not attributable to the Buyer, failed to provide
any
Services specified by the Contract;
13.3.3 under clause 3.5.
13.4 On termination of the Contract for any reason:
13.4.1 the Buyer will within 14 Business Days immediately pay all invoices of the Supplier then outstanding;
13.4.2 the Supplier will, within 14 Business Days, invoice the Buyer for all Products provided but not yet invoiced and the
Buyer will pay such invoice within a further 14 Business Days;
13.4.3 each party will within 14 Business Days return any materials of the other then in its possession or control; if it fails to
do so, the other may enter onto any premises of the first party and take possession of them. Pending such return or
taking possession, the first party will be responsible for such materials and will not use them for any purpose not
connected with the Contract;
13.4.4 the accrued rights and liabilities of the parties will not be affected; and
13.4.5 clause which expressly or by implication are to survive termination will do so.
14 General
14.1 Time
Unless stated otherwise, time is not of the essence of any date or period specified in the Contract. 14.2
Relationship
The parties are independent businesses and not principal and agent, partners, or employer and employee.
14.3 Severability
If any part of these Terms are found by a court, tribunal or other administrative body of competent jurisdiction to be
unenforceable
or invalid for any reason, that provision is to be severed from the Terms and the remaining provisions of the Terms will
otherwise remain in full force.
14.4 Notices
Notices under the Contract will be in writing and sent to the persons and addresses set out in the Order. They may be given,
and will be deemed received:
14.4.1 by first-class post: two Business Days after posting;
14.4.2 by airmail: seven Business Days after posting;
14.4.3 by hand: on delivery;
14.4.4 by facsimile: on receipt of a successful transmission report from the correct number, and
14.4.5 by e-mail: on receipt of a delivery or read receipt mail from the correct address.
14.5 Waiver
No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other,
right or remedy.
14.6 Rights of Third Parties
The Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.7 Priority
These Terms prevail over those of the Order or Schedule (if any).
14.8 Entire Contract
The Contract constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply.
14.9 Succession
The Contract will bind and benefit each party’s successors and personal representatives.
14.10 Governing Law and Jurisdiction
The Contract will be governed by the law of England and Wales.
Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
14.11 Duty of Care
14.11.1 The Buyer must ensure and it’s their legal responsibility to check that any modification to the vehicle with the products
fitted are within the local laws if being used on a public road, which may differ from country to country. This may
have to be registered to the motor vehicle registration certificate or checked with local authorities which could be
subject to an individual vehicle approval or local vehicle testing department.
14.11.1a It is the Buyer responsibility to advise their insurance company of this modification. This modification may affect
your premium, so we advise that your contact your insurance company before carrying out installation so that you are
fully aware of any additional costs you may incur.
14.11.2 All claims by the Buyer or third party against the Seller from accidents of any kind are expressly excluded.
14.11.3 Vehicles which are equipped with the products, which are for the purpose of sports, racing or for off- road use is not
allowed on public roads.
14.11.4 Motorsport parts are high-performance products and not normally allowed on public roads, it is your duty to check
this before using on a public road.
14.12 Important Legal Notice
14.12.1 The installation of additional performance module causes the expiration of the original operation approval. In the case
that the vehicle with installed module is used on public roads the owner loses coverage of insurance and any claims
regarding the original manufacturer’s guarantee and any warranty claims against the Seller. The Buyer confirms that
they have obtained the information about the relevant legal conditions of fitting the products to their vehicle/s from
their local authorities before completion of the purchase if intended for the public road.
14.12.2 The original manufacturer’s warranty to be invalidated.
14.13 Disclaimer of Liability and Risk of services and goods.
By presenting your vehicle for us to complete the services or by purchasing any goods from us, you acknowledge, agree and
accept that:
14.13.1 any modification (services or goods) that affects the emission standard of a vehicle means it will not be roadworthy
and you must use some form of vehicle transportation, for example, when collecting your vehicle or driving it on the road as
it will be illegal for you to drive it on the roads;
14.13.2 it is your responsibility to ensure that your vehicle is in a good and healthy condition before we commence any services
or any good bought are installed;
14.13.3 The Buyer acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this
agreement and the Buyer agrees to indemnify the seller and to hold the seller harmless from any claim related to the item of
equipment or service purchased.
14.13.4 Steinbauer tuning technologies UK Ltd assume no liability regarding improper installation or misapplication of its
products and/or services. If in doubt please contact us.
14.13.5 It is your responsibility to comply with all applicable laws relating to the use of equipment supplied by Steinbuauer
Tuning Technologies UK Ltd for both on-road, off-road, on or off public highway use. Steinbauer Tuning Technologies UK
Ltd hereby disclaims any liability resulting from the failure to use our products in compliance with all applicable laws and
regulations.
14.13.6 despite our skill and experience in providing the services and goods, the act of tuning and/or modifying a vehicle
inherently carries an element of risk to a vehicle, including but not limited to mechanical damage, damage or corruption to a
control unit and excessive wear to components.
14.13.17 we do not accept liability for any subsequent damage, premature wear and tear, or any other failures within your
vehicle that arise because of the services that have been completed on your vehicle or goods installed to your vehicle.
15 Business/trade customers
Steinbauer Tuning Technologies UK Ltd shall not be liable to you for any indirect or consequential loss or damage (whether
for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
15.01 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises
in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the
total price paid for your order.
15.02 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in
tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
15.02.01 consequential, indirect or special losses; or
15.02.02 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss or corruption of data;
(c) loss or corruption of software or systems;
(d) loss or damage to equipment;
(e) loss of use;
(f) loss of opportunity;
(g) loss of savings, discount or rebate (whether actual or anticipated); or harm to reputation or loss of goodwill; or
15.02.03 losses arising in relation to those matters set out in clause 16. Nothing in these terms will limit or exclude our
liability for:
15.02.04 death or personal injury caused by negligence;
15.02.05 fraud or fraudulent misrepresentation; or
15.02.06 any other losses which cannot be excluded or limited by law.
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