Product warranty for the products „RaceChip One“, „RaceChip PRO2“, „RaceChip Ultimate“ and „RaceChip Response Control“.

RaceChip develops and produces innovative and safe products for easy-to-implement and effective improvement in the performance of most common vehicle types. In order for the RaceChip customers to be sure of being able to achieve continued high performances with their product, RaceChip Chiptuning GmbH & Co. KG, Ulmer Strasse 123, 73037 Göppingen, Germany (hereinafter referred to as the “Warranter”) shall give consumers in terms of Sec. 13 of the German Civil Code [BGB] (hereinafter referred to as “Warrantee”) a free-of-charge product warranty for the “RaceChip One,” “RaceChip Pro 2,” “RaceChip Ultimate,” and “RaceChip Response Control” products (hereinafter referred to individually as “product” and collectively as “products”) with the contents, as specified herein:

I. Conclusion of a Warranty Agreement

As soon as the scope pursuant to section II of the present terms of warranty has been opened, any purchase of a product by a Warrantee shall automatically result in the creation of an agreement for a product warranty by and between the Warrantee and the Warranter, having the contents agreed on herein.

II. Scope of Application of the Product Warranty

The product warranty shall be limited in terms of its scope to products purchased through the Warranter's website or through a dealer or sales partner.

III. Product Components covered by the Product Warranty

The Warranter shall give a product warranty for the following product components:

• Printed circuit board (PCB) and electronics
• PCB plug-in module
• Cable harness; warranty does not apply, however, in case of mechanical damage to the plug-in connection
• Box, incl. seal ("RaceChip One," "RaceChip Pro 2," RaceChip Ultimate") or respectively box, incl. membrane foil ("RaceChip Response Control")

IV. Subject Matter and Scope of the Product Warranty; Warranty Period

1. The Warranter shall warrant that as of the date of acquisition of the respective product shown on the invoice, the product components specified in section III. will show no defects within the periods specified hereinafter that might interfere with the respective product's function (“Warranty Case”).

• „RaceChip One“: 2 years
• „RaceChip Pro 2“, „RaceChip Ultimate“: 5 years
• “RaceChip Response Control”: 2 years

The product warranty shall not cover purely visual defects that do not interfere with the product's work capability (so-called “flaws”).
2. The product warranty shall apply only insofar as the Warrantee uses the vehicle, in which the respective product has been installed, for private - i.e. non-commercial - purposes only (commercial use means, for example, commercial passenger transportation, driving school vehicle; courier/delivery vehicle; rental car), unless such commercial use of the vehicle has not caused the defect in the product component that is under warranty.
3. In a Warranty Case, the product warranty shall, at the Warranter's option, cover either the free-of-charge supply of an equivalent replacement product or the free-of-charge repair of the product affected (if and insofar as technically feasible). In addition to that, the Warranter shall also organize, and pay for, the transportation of the replacement product, or of the product repaired, to the Warrantee.
There shall be no other rights or claims under the present product warranty. This product warranty shall not, in particular, give rise to claims for damages or reimbursement of wasted expenditures. .

V. Exclusion of Product Warranty

1. Claims under this product warranty require that the defect to the respective product has not been caused by one of the following circumstances: :

• normal wear;
• incorrect or improper installation (e.g. if the product or cable harness is laid in areas under great thermal stress, such as at the manifold or along the motor block, resulting in damage caused by melting) and/or product startup contrary to the Warranter's specifications;
• improper use or operation of the product contrary to the Warranter's specifications (e.g. ro-tary switch settings that have not been approved by the Warranter);
• changes performed to the product or unauthorized repair attempts without the Warranter's prior approval;
• off-road use in water under maximum use of the vehicle's fording depth;
• external damage, in particular accident in road traffic (i.e. a sudden event in road traffic re-sulting in a typical risk of damage caused in traffic), or damage caused by car wash, ani-mals, etc.;
• force majeure or exceptional/extreme natural events, such as floods, natural disasters, etc.
• own fault on the part of Warrantee or third parties. .

2. Warranty claims shall be excluded also if the Warrantee should culpably violate the regulations on how to proceed in a Warranty Case, as specified in section VI of the present terms of warranty, unless such violation is causal neither to the ascertainment of the Warranty Case nor to the ascertainment or extent of the Warranter's liability.
3. Apart from that, warranty claims shall be also excluded if the product is installed in a vehicle model or engine type for which it has not been expressly approved by the Warranter. .

VI. Procedure in Warranty Cases, Settlement of Warranty Claimsh

1. The Warrantee shall promptly notify the Warranter in writing if a Warranty Case has occurred. To this end, the Warrantee shall fill out the product warranty form enclosed in the Annex and send it to the following address: :
RaceChip Chiptuning GmbH & Co. KG
Ulmer Str. 123
73037 Göppingen
Germany
The product warranty form shall include an as precise as possible description of the defect identified, and the reasons for the warranty claim made, by the Warrantee.
2. The Warrantee shall send the product in question along with the product warranty form to the above address at its own cost and expense and shall moreover submit a copy of the original sales receipt for the product.
3. The Warranter shall review the asserted warranty claim upon receipt of the product in question and of the aforementioned documents and shall inform the Warrantee about the results of such review. In a Warranty Case, the Warranter may choose to either supply an equivalent replacement product or repair the product affected (if and insofar as technically feasible) and return it to the Warrantee. The Warranter shall organize and pay for the transportation of the replacement product, or of the product repaired, to the Warrantee.
4. If a warranty claim is made wrongly, the Warranter may demand from the Warrantee reimbursement of the costs incurred in connection with reviewing such warranty claim and returning the product affected to the Warrantee, unless the Warranter is obligated by contract or law to bear such costs. This shall not apply if the Warrantee could not be expected to have known that he had no warranty claim. .

VII. Expiry of Warranty Claimse

Product warranty claims for defects to the products that have occurred during the warranty period shall expire within 12 months as of the end of the year in which the respective claim occurred, meaning - in particular - in which the damage occurred and the Warrantee became aware of the circumstances giving rise to the claim. The statutory period of limitation shall apply in case of intent. .

The contractual or legal rights that the Warrantee may have against the Warranter as the seller and/or manufacturer of the products shall not be affected or limited by this product warranty but shall continue to apply unchanged. .

IX. Final Provisionsn

1. The present product warranty shall apply to the aforementioned extent and under the aforementioned conditions (incl. presentation of the copy of the original sales receipt) also for any subsequent buyer of the product, if such product or the vehicle in which the product is installed is sold.
2. Should any of the provisions contained in these terms of warranty be or become invalid, this shall not affect the validity of the remaining provisions contained herein.
3. This product warranty shall be subject to German law.
4. The place of jurisdiction for any and all disputes arising under or in connection with this product warranty shall be the Warranter's place of business.

Engine warranty for the products „RaceChip One“, „RaceChip Pro 2“ and „RaceChip Ultimate“.

June 2017

This engine warranty (the “Warranty”) is provided to you by RaceChip Chiptuning GmbH & Co. KG, of Ulmer Str. 123, 73037 Göppingen, Germany (hereinafter referred to as the “Warrantor”) on the terms and conditions set out below. This Warranty applies in respect of the following products:

• “RaceChip One” (but only if you have optionally bought express warranty coverage for an additional fee); and
• “RaceChip Pro 2” and “RaceChip Ultimate” (this Warranty applies in respect of these two products at no additional cost to you).

Each of the above products shall hereafter be referred to as an “Auxiliary Control Unit”.

I. Prerequisite conditions for eligibility

You will only be entitled to benefit from the provisions of this Warranty if you have bought an Auxiliary Control Unit in your capacity as a consumer for your own personal use - i.e. if you are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession.

You must also complete, sign and date a relevant warranty certificate. You will receive a warranty certificate either:

1. if you choose to obtain and pay for express warranty coverage at the time of purchase of Auxiliary Control Unit “RaceChip One”, at the point of sale; or
2. enclosed with the respective Auxiliary Control Unit at no additional cost to you (Auxiliary Control Units “RaceChip Pro 2” and “RaceChip Ultimate” only).

You must send the completed warranty certificate by post to the Warrantor, at the address set out below, within 14 days of the date you received the warranty certificate:

RaceChip Chiptuning GmbH & Co. KG
Ulmer Str. 123
73037 Göppingen
Germany

Failure to send the completed, dated and signed warranty certificate to the Warrantor within the 14 day timeframe will disqualify you from claiming under this Warranty.

III. Warranty coverage

1. If a Covered Event of Damage occurs during the Warranty Period, this Warranty covers the cost of any repairs (parts and labour) to Qualifying Parts which are technically necessary, reasonably and genuinely incurred and for which supporting documents must be submitted up to the maximum aggregate sum of £4,000.00 inclusive of VAT (gross) per Covered Event of Damage.

If replacing the damaged Qualifying Part would be less expensive than having it repaired, the claim under this Warranty for reimbursement of costs shall be limited to the cost of replacing the damaged Qualifying Part.

2. Under no circumstances shall the Warrantor be obliged to make a payment under the Warranty which exceeds the trade price value of the Qualifying Motor Vehicle immediately prior to the occurrence of the Covered Event of Damage (such trade price valuation to be conclusively determined by the Warrantor by reference to the Parkers Car Price Guide). The Warrantor shall have no further liability in respect of the cost of other repair work or services regarding other components of the vehicle (i.e. non-Qualifying Parts) as well as compensation for indirect damage or losses, such as towing costs or the cost of a rental car or overnight accommodation, loss of use, the cost of parking or disposing of the car, or other similar types of indirect loss. These types of indirect losses shall be expressly excluded from this Warranty.

IV. Warranty Period

The Warranty Period shall start at the date of purchase of the Auxiliary Control Unit and shall end:

• after the expiry of one year (in respect of Auxiliary Control Units “RaceChip One” and “RaceChip Pro 2” only); or
• after the expiry of two years (in respect of Auxiliary Control Unit “RaceChip Ultimate” only).

V. Exclusions

1. The following types of damage shall be specifically excluded from this Warranty:

1. normal wear and tear of Qualifying Parts;
2. damage resulting from taking part in racing, race-like driving events (including related types of driving for training purposes) or other types of aggressive driving;
3. damage resulting from changes made to the engine and/or the control and computer systems of the vehicle, either before or during the Warranty Period (including, in particular (but not limited to), measures enhancing the performance of the motor vehicle or altering the level or amount of exhaust emissions or otherwise changing the emissions behaviour of the vehicle);
4. damage resulting from the vehicle being exposed to axle or trailer loads higher than those stipulated by the manufacturer, or due to the permitted total weight of the vehicle being exceeded;
5. damage caused by you disregarding the manufacturer’s instructions in the operating manual regarding how to operate the vehicle;
6. damage caused by you disregarding the terms of use for the Auxiliary Control Units and/or other instructions given by the Warrantor in the operating manual for the Auxiliary Control Units;
7. damage caused by you, or a third party instructed by you, installing the Auxiliary Control Unit contrary to the Warrantor’s specifications;
8. damage resulting from using unsuitable fuels and other supplies, or from using fuels and other supplies not approved by the manufacturer of the vehicle, in particular (but not limited to) engine oil;
9. damage resulting from an accident, i.e. a sudden unexpected and unintentional event where the vehicle suffers a direct mechanical impact from the outside, or from a traffic accident, i.e. a sudden event in road traffic where a risk of damage that typically exists in road traffic situations materializes;
10. damage resulting from fault by you or a third party – in particular, damage caused by improper use of the Qualifying Motor Vehicle or the Auxiliary Control Unit or damage caused by wilful acts.

2. A claim under this Warranty shall be excluded if the odometre of the Qualifying Motor Vehicle has been interfered or tampered with, or if a defect in or the replacement of the odometre was not notified to the Warrantor without undue delay and, as a result, the actual total distance reading (kilometre or miles, as applicable) of the Qualifying Motor Vehicle is no longer accurate or can no longer be seen or otherwise verified by the Warrantor.

3. A claim under this Warranty shall be excluded if you unreasonably fail to comply with the provisions of Part VI of this Warranty (regarding how to notify us of a claim), unless your failure to comply with Part VI does not materially affect the Warrantor’s consideration of the claim or the Warrantor’s ability to assess whether a Covered Event of Damage occurred.

4. A claim under this Warranty shall be excluded if the Auxiliary Control Unit is installed in a vehicle model not expressly approved by the Warrantor for that particular Auxiliary Control Unit.

VI. Procedure to be followed to make a claim

After a Covered Event of Damage has occurred, the following provisions shall apply if you would like to make a claim under this Warranty:

1. You must notify the Warrantor in writing without undue delay of the occurrence of the Covered Event of Damage. The written notice shall be sent to:

RaceChip Chiptuning GmbH & Co. KG
Ulmer Str. 123
73037 Göppingen
Germany

2. The written notice of your claim must be accompanied by the following documentation:

• the original sales receipt for the Auxiliary Control Unit;
• written documents (e.g. original service history booklet from the Qualifying Motor Vehicle manufacturer or original invoices) evidencing that the regular maintenance and inspection work and care prescribed or recommended by the manufacturer of the Qualifying Motor Vehicle was carried out; and
• a copy of the registration certificate (V5C) for your Qualifying Motor Vehicle (showing you as the registered keeper).

3. Any (i) repairs to Qualifying Parts or (ii) preparatory work for repairs to Qualifying Parts may only be undertaken with the Warrantor’s prior written approval. If you do not seek the Warrantor’s approval before incurring or agreeing to incur such costs, the Warrantor shall not be required to reimburse you or any third party for the costs incurred.

4. The Warrantor shall be given a reasonable opportunity to examine the damage in respect of which the claim under this Warranty is made. For this purpose, you agree to provide the Warrantor with all information that is known to you about the circumstances surrounding the occurrence of the damage. The Warrantor may, at its own expense, appoint a third-party expert (an “Expert”) to determine the cause of the damage. The Expert’s determination shall be final and binding for the purposes of any claims under this Warranty.

VII. Transferability of the engine warranty

If, during the Warranty Period, you sell the Qualifying Motor Vehicle in which the Auxiliary Control Unit is installed as intended, the benefit of the remaining period of this Warranty may (at the sole discretion of the Warrantor) be transferred to the buyer of such vehicle. As a prerequisite, you must notify the Warrantor in writing of your request to transfer the Warranty to the buyer. This request must be made without undue delay and in any case within 14 days and you must include:

• The original sales receipt for the Auxiliary Control Unit;
• The date of the sale of the relevant Qualifying Motor Vehicle to the buyer; and
• The complete name and address of the buyer.

VIII. Limitation period for warranty claims

You must notify the Warrantor of your claim without undue delay in accordance with Part VI of this Warranty. However, for the avoidance of doubt, claims arising from this Warranty shall become time-barred (i.e. you will no longer be able to make a claim) 12 months following (i) the end of the year in which the respective claim arose or (ii) the date you obtained knowledge of the circumstances giving rise to the claim, whichever is later.

IX. Third Party Rights

This Warranty is between you and the Warrantor. No one other than a party to this Warranty, their successors and permitted assignees shall have any right to enforce any of its terms.

X. Governing law and jurisdiction

This Warranty and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and the Warrantor both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

XI. Governing law and jurisdiction

The Warrantor is under a legal duty to supply products that conform in all material respects with their description and are free from material defects in design, material and workmanship. This Warranty is in addition to, and does not affect, your legal rights in relation to Auxiliary Control Units that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

For the avoidance of doubt, nothing in this Warranty shall restrict or exclude the Warrantor’s liability in respect of death or personal injury caused by negligence, fraud or fraudulent misrepresentation, loss or damage arising from defective goods or any other matters which cannot be excluded by law.

XII. Final provisions

Should any provisions of this Warranty be or become invalid, illegal or unenforceable, they shall be deemed modified to the minimum extent necessary to make them valid, legal or enforceable. If such modification is not possible, the relevant provisions shall be deemed deleted. Any modification to or deletion of any provisions shall not affect the validity and enforceability of the remaining provisions hereof.

Engine change provisions for the products „RaceChip One“, "RaceChip Pro2" and "RaceChip Ultimate".
At RaceChip we specifically program our optimisation software for the particular engine in which our product is being installed for performance optimisation. For this reason, unlimited re-use of our chip tuning products is only possible if the new vehicle has exactly the same engine. If this is not the case, then please contact our customer service to ask about the options and costs associated with using one of our chip tuning products in a new vehicle. In most cases, we'll offer you the option of reprogramming your RaceChip product to suit your new vehicle. This means we will load the respective RaceChip optimisation software onto the product and deliver the connection cable required for installation in your new vehicle to you. We offer this option up to 36 months after purchasing one of our products. The cost of a reprogramming (including the required cable) is 99 EUR (incl. VAT) ⁽¹⁾. With RaceChip Ultimate, the first reprogramming is included as part of the purchase package and so is free of charge. For a reprogramming, the hardware must still be in a fully functioning condition. Delivery costs will be invoiced on a case by case basis.
⁽¹⁾ If the difference in price between the products for the current vehicle and the new vehicle amounts to more than 99 EUR, then the price of reprogramming will be this difference.