General Terms and Conditions of Sportec AG, Höri

1. scope of application 
All work, services and deliveries provided by Sportec AG, Höri (hereinafter referred to as "Sportec") shall be subject to these General Terms and Conditions (hereinafter referred to as "GTC"). Any deviating agreements must be made in writing and must be expressly confirmed by Sportec. General Terms and Conditions of the Customer are expressly excluded. Sportec reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the conclusion of the contract shall apply.

2 Conclusion of Contract 
All offers made by Sportec in brochures, price lists, on the homepage, etc. and all individual offers are always subject to change and are not binding. A contract shall be concluded if Sportec expressly accepts an order in writing or by e-mail confirmation. If, after acceptance of an order, it turns out that information provided by the customer is incorrect, Sportec shall be entitled to withdraw from the contract at any time without any consequences. Sportec may charge the Customer for the services rendered for the preparation of a cost estimate (quotation) if this is agreed in the individual case. If a contract is concluded on the basis of this cost estimate, any costs for the cost estimate may be offset against the total costs.

3. technical data and information in brochures
All technical data and information of Sportec in brochures, documentation, price lists as well as on our homepage (www.sportec.ch) etc. are non-binding guide values and no assured or guaranteed properties. We reserve the right to make technical changes at any time.

4 Motor vehicle inspection / Swiss registration
Unless the customer is expressly informed otherwise, modifications made by Sportec shall be subject to registration in Switzerland in accordance with the law, i.e. up to 20% increase in performance, and must, if required by law, be reported by the customer on his own responsibility to the competent motor vehicle inspection authority and demonstrated at his own expense. Power increases of more than 20% of the official rated power are expressly carried out only under the customer's own responsibility. The power levels defined in the Sportec price list apply as the basis for this. According to Art. 32 Para. 2 VTS, the vehicle owner must notify the registration authority (Road Traffic Office/Motor Vehicle Inspection) of modifications to his vehicle and have them checked. The customer is responsible for complying with the obligation to notify and have the vehicle inspected in the event of modifications. Sportec assumes no responsibility or liability for any consequences of non-compliance with the legal obligation to report and inspect.

5. prices 
Unless an individual price is expressly agreed in writing upon conclusion of the contract, the work, services and deliveries of Sportec shall be charged on the basis of the price lists and hourly rates (plus statutory value added tax) valid at the time of conclusion of the contract and displayed in the business premises. Sportec shall be entitled to increase prices after conclusion of the contract if there are more than 4 months between conclusion of the contract and delivery. If the price increase is more than 4%, the customer may withdraw from the contract.

6. payment, right of retention, reservation of title
The work, services and deliveries of Sportec shall be paid for in cash by the customer upon receipt or acceptance of the vehicle of the spare parts or accessories (due date). Goods shall be dispatched by post on a cash on delivery basis at the expense of the customer. Sportec shall have the right to retain as security the goods entrusted to it by the Customer until full payment of all its claims against the Customer [right of retention]. The object of purchase shall remain the property of Sportec until full payment has been made. In the event of late payment, interest on arrears shall be charged from the due date in accordance with Art. 104 Para. 1 of the Swiss Code of Obligations at the rate of 5% p.a..

7. warranty 
Subject to the following provisions (Articles 7 to 10), Sportec shall not be liable for any breach of contract. If work performed by Sportec, vehicles supplied, parts/spare parts or accessories are defective, Sportec shall replace or repair them at its discretion. Any warranty services shall be provided by Sportec exclusively on its business premises. (All work is to be carried out exclusively at Sportec's premises or at the workshop expressly designated by Sportec). Within the scope of warranty services, Sportec is only obliged to remedy the defect and to replace or repair defective parts with new or used parts that have been overhauled by Sportec.
For all electronic performance upgrades of performance level 1, without hardware modifications, Sportec guarantees 36 months, measured from the date of initial registration according to the vehicle registration certificate or max. 100'000 KM (total mileage of the vehicle since initial registration according to the vehicle registration certificate), whichever is earlier. This is within the scope of the manufacturer's warranty.
For all vehicles on which Sportec has performed performance upgrades in performance levels 2, 3 or 4 and which are less than 24 months old when the order is placed (first registration according to vehicle registration certificate), Sportec shall also provide warranty services within the scope of the respective remaining manufacturer's warranty for the engine, transmission and drive train without wheel bearings until their expiry, but no longer than 24 months from first registration or 100,000 km, whichever comes first. If Sportec supplies parts/spare parts or accessories which the customer installs himself or which third parties not officially authorised by Sportec (dealers or brand representatives) install on behalf of the customer, Sportec shall provide warranty services for the corresponding spare part or accessory within the scope of paragraph 1 of this provision. If Sportec only supplies or installs individual components for conversion stages or not complete conversion stages, Sportec shall also provide warranty services for the corresponding part/spare part or accessory within the scope of paragraph 1 of this provision.
No warranty service shall be provided (exclusion of all warranties and material warranty claims) if the defect is related to the fact that
a) the vehicle on which Sportec has carried out work (or which Sportec has supplied) or parts/spare parts or accessories are improperly handled or overused or are used in the context of sporting or racing activities (i.e. not in public traffic);
b) the Purchaser or third parties have carried out rectification work or, modifications, in particular to the engine or peripheral parts, without the written consent of Sportec;
c) work on the vehicle (e.g. installation of parts/spare parts or accessories from Sportec) has not been carried out or has not been carried out in full by Sportec or its authorised dealers;
d) the vehicle has not been fully serviced in accordance with the manufacturer's instructions.
Performance measurements that have not been carried out or authorised in writing by Sportec will also invalidate any warranty.
 

8. notices of defects and complaints 
The customer shall inspect all work, services and deliveries of Sportec immediately upon receipt or acceptance. If the customer then or at a later point in time has reason to suspect that a defect may exist, he shall immediately inform Sportec of this in writing, otherwise any warranty claims shall be forfeited. The Customer shall then comply with all instructions and directions of Sportec regarding prevention of further damage and remedy of defects.
 

9. Liability: Waiver of all further claims
All other contractual and/or non-contractual claims of the customer against Sportec, which go beyond the warranty set out in clause 7, shall be excluded in their entirety to the extent permitted by law, in particular also the right to rescission. 10. reduction or withdrawal from the contract or the assertion of claims arising from damage to the vehicle caused by work, services or deliveries of Sportec as well as all claims arising from any consequential damage (e.g. towing costs, replacement vehicle, etc.) and consequential damage as a result of increased performance as well as events of force majeure (damage caused by the elements, moisture, falls, impacts, etc.) for which Sportec is not responsible and official orders.
 

10. impairment of the dealer warranty 
Sportec expressly draws the customer's attention to the fact that the work, services and deliveries offered by it may result in the impairment or expiry of the customer's warranty claims against the vehicle manufacturer and/or seller. Sportec rejects any responsibility and liability for this.

11. delay in delivery 
Delivery dates may be agreed to be binding or non-binding, but in order to be binding they must in any case be confirmed in writing by Sportec and designated as binding. Force majeure, strikes, epidemics and pandemics, technical changes or inability of Sportec through no fault of its own or delays and/or further inability of its suppliers shall extend the delivery period by the duration of the hindrance. In particular, Sportec shall not be liable for delays in delivery in this case. In the case of non-binding delivery dates, the Customer may request Sportec in writing to deliver within a reasonable period of time six weeks after this delivery date. After expiry of this period, the delivery shall become due.
 

12. Waiver of Liability and Claims for Damages 
The customer accepts a full and unrestricted waiver of liability towards Sportec and its employees for material and physical damage that may occur as a result of an event. Damage caused to Sportec's property, whether caused by the customer or by third parties, is the full responsibility of the customer and shall be borne by the customer. The lessor shall not be liable in any way for damage to vehicles, persons or furnishings caused by the customer himself or by third parties.
 

13. place of fulfilment 
The place of performance for all claims arising from the contract shall be the business premises of Sportec in Höri, Canton of Zurich. All shipments and any returns shall be for the account and at the risk of the customer. Benefit and risk shall pass to the customer as soon as the goods have left the warehouse/workshop of Sportec or (in case of direct delivery by a supplier of Sportec to the customer) those of the supplier.
 

14. Jurisdiction
Applicable Law The place of jurisdiction for Sportec and the Customer shall be Höri, Canton of Zurich. However, Sportec shall also have the right to bring an action before the court having jurisdiction at the registered office or domicile of the Customer. The contract shall be governed by Swiss substantive law to the exclusion of any references to the Swiss Federal Act on Private International Law and to the exclusion of the Vienna Sales Convention.

Höri, 2021