Additional terms and conditions for software optimizations by FLAWLESS Shop by FLAWLESS Industries
1. We explicitly point out to the customer that in the case of a performance upgrade (and any modification to vehicle control units), the vehicle’s operating license expires and the vehicle may no longer be driven in public traffic according to the StVO or your local traffic regulations. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for any fines or administrative offences. Some solutions and products may be intended exclusively and explicitly for export only.
2. No verbal agreements outside of this contract have been made. Modifications and conversions of vehicles that are used on public roads must be entered in the vehicle documents. The buyer must present the vehicle to the Technical Inspection Agency if the parts are not covered by an operating permit. 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 the TÜV approval in writing, taking into account the relevant conditions.
3. The customer is advised and acknowledges that the services, products and tuning measures offered by FLAWLESS Industries UG (limited liability), as well as the changes made to the vehicle, engine and control unit or control data as part of the tuning, will result in a change to the performance data of the customer’s vehicle. The customer is further advised that the engine and possibly other vehicle units and vehicle parts are exposed to higher stress and strain and that, for physical reasons, this can lead to higher wear on the customer’s vehicle. In particular, overloading and continuous performance, as well as the increase in the maximum speed of the customer’s vehicle achieved by the tuning, can affect the service life of the engine and its units.
4. FLAWLESS Industries UG (haftungsbeschränkt) is only liable for further damage to the engine or the remaining parts of the vehicle to the extent that they are caused by defective parts installed by FLAWLESS Industries UG (haftungsbeschränkt), i.e. parts that do not function properly. In the case of modifications to the vehicle software, FLAWLESS Industries UG (haftungsbeschränkt) is therefore only liable for such damage to the vehicle that is caused by the explicit modification to the vehicle software. Liability for damage that occurs solely due to higher engine stress 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 warranty or warranty obligation of the vehicle manufacturer or vehicle seller.
6. FLAWLESS Industries UG (haftungsbeschränkt) expressly points out that tuning – regardless of whether it is software or hardware modifications – can or is a development process Since it cannot be ruled out that, for example, the manufacturer itself may receive patches or updates via telematics for control units, or that the customer may have carried out further modifications that do not correspond to the series, further adjustments may be necessary after a software optimization or modification that only occur or become noticeable in the customer’s operation. These may require a return visit or a restart of the control unit. FLAWLESS Industries UG (haftungsbeschränkt) is expressly not liable for vehicle failures or similar that occur as a result or for costs incurred without consultation with FLAWLESS Industries, such as dealer visits as part of a fault diagnosis or shipping costs.
7. The performance increase of motor vehicles requires a retyping with regard to motor vehicle liability insurance and comprehensive insurance. The buyer is obliged to ensure that the insurance cover is maintained. He releases FLAWLESS Industries UG (limited liability) from any liability in this respect.
8. If any provision of our terms and conditions or these additional terms and conditions and notices for software optimizations is ineffective, the remaining provisions shall remain unaffected. The ineffective provision shall be deemed replaced by one that most closely approximates the intent and purpose of the ineffective provision in a legally effective manner. The same applies to any regulatory gaps.