Warranty agreement for Lorinser performance increases
Sportservice Lorinser Sportliche Autoausrüstung GmbH, hereinafter referred to as "Lorinser", provides the purchaser of a Lorinser performance increase with a durability guarantee, hereinafter referred to as "Warranty". This Warranty affects the respective seller in addition to the customer's statutorily agreed guarantee rights. Contractual or statutory claims under warranty by the customer against Lorinser or other sellers of Lorinser performance increases are not affected by the Warranty. Purchasing a Lorinser performance increase may void the guarantee obligations and a guarantee commitment from the vehicle manufacturer
I. Warranty conditions for Lorinser performance increases
1. Cars subject to the warranty:
The Warranty applies exclusively to Lorinser performance increases for diesel and petrol engines for cars made by Mercedes-Benz and Smart.
2. Warranty period:
1. The Warranty has a term of 3 years from the installation date according to the installation confirmation or purchase invoice, but is limited to a total driven distance of 100,000 km
2. If agreed outside the 12 months of the manufacturer's guarantee, up to a maximum total driven distance of 100,000 km.
3. Content of the warranty:
During the Warranty period, Lorinser shall guarantee the proper functioning of the performance increase. If a defect or malfunction occurs to the performance increase during this Warranty period, we or a specialist company engaged at our cost shall correct this. The general provisions of No. II shall apply. The Warranty is a guarantee commitment legally independent of the purchase contract, which does not justify any additional claims from the statutory guaran-tee for the performance increase. If the installation of a Lorinser performance increase has a causal connection to consequential damage to the engine or drivetrain, (drive shafts, cardan shaft, transmission, rear-axle differential), Lorinser shall assume liability for this damage to the named vehicle components according to the following provisions.
II. Warranty provisions for the Lorinser performance increase
1. Requirements for assertion of warranty claims:
a) Warranty claims relating to Lorinser performance increases can only be fulfilled by Lorinser insofar as the claimant submits the original Lorinser installation certificate signed by Lorinser or an authorised Lorinser dealer and by the first purchaser. A copy of this installation certificate must be returned to Lorinser. Prerequisite for granting any work and services under warranty is the correct use of the vehicle outside motorsport activities, competitions, training drives, as well as regular servicing according to manufacturer requirements. Petrol engines generally have to be fuelled with Super Plus (min. 98 ROZ).
b) The claims under warranty are transferable to a limited extent. They can be asserted by the purchaser of the Lorinser performance increase and by the owner of the vehicle, in which the Lorinser performance increase has been installed, and by subsequent owners of the vehicle within the Warranty period.
For Lorinser performance increase, submission of the original invoice for the Lorinser performance increase is sufficient for asserting a claim under Warran-ty. The date of delivery according to the invoice, but not later than the date of the invoice, shall be treated as the installation date for the Warranty period.
2. Warranty processing:
a) In the case of damage or a defect occurring, the claimant shall immediately inform Lorinser of this. This notification requires proof of receipt. After the damage notification, Lorinser shall decide whether to carry out the required Warranty work itself or to engage a third party. Lorinser shall make this deci-sion taking into account the respective circumstances. Without a prior declara-tion from Lorinser regarding the assumption of costs, Warranty claims for a repair by third parties cannot generally be claimed, unless Lorinser has demon-strably delayed the decision regarding the work and services to be provided under Warranty. Lorinser reserves the right to assess the damage or carry out repairs in its own workshop. To this end, the vehicle must be delivered to Lorinser at its own costs and risk.
b) Im Schadensfall ist unverzüglich der Technische Kundendienst von Lorinser zu In the case of damage, the Lorinser Technical Customer Service must be informed immediately. The binding order for repair work or the preparation of a fee-based quotation requires prior written consent from Lorinser. An order signed by the customer does not replace this consent. The billing shall be in accordance with our provisions regarding Warranty processing. In the case of damage, Lorinser reserves the right to charge an independent expert to investi-gate the registered Warranty case
Insofar as the expert comes to the conclusion that there is no Warranty case, Lorinser reserves the right to refuse to fulfil the asserted Warranty claim. If it is subsequently found that the expert opinion is incorrect, no claims for compensa-tion can be made insofar as there is demonstrable delay in the Warranty work and service and this extends beyond the Warranty period. If, while processing a Warranty case, Lorinser comes to the conclusion that the further use of the guaranteed product is technically problematic (e.g. risk of additional consequential damages or similar), Lorinser reserves the right to re-move the performance increase at its own cost, provided that Lorinser refunds the purchase price to the customer.
3. Warranty exclusions:
a) The Warranty applies exclusively to the Warranty work and services described under Section I No. 3. In addition, claims for compensation, claims for reim-bursement of transport costs, collection of the vehicle, reimbursement of other travel costs incurred in conjunction with this, or costs and claims for reimburse-ment of costs due to loss of use or consequential damage of any kind are ex-cluded and are not covered by the Warranty
b) Warranty claims are excluded insofar as the claimant is unable to document compliance with the service or workshop intervals prescribed by Lorinser or the vehicle manufacturer in the authorised Mercedes Benz workshops in respect of the vehicle, in which the Lorinser performance increase has been installed. Not using high-quality or approved fuels and/or lubricants shall lead to the exclusion of the Warranty. The manufacturer's vehicle care instructions must also be ob-served
c) The Warranty does not cover errors, incorrect functioning or defects to Lorinser performance increase, which according to the facts of the individual case are obviously due to incorrect use of the vehicle, over-loading or damaging use by the claimant or third parties – or exclusively for the Warranty for engine and drivetrain – which are due to natural wear and tear. Products that are damaged mechanical-ly or from external effects are excluded from the Warranty. This also applies to parts subject to wear and tear. The Warranty is generally excluded for vehicles that have participated in motorsport events.
d) Insofar as Lorinser performance increases are modified by the customer or by third parties, all Warranty claims are void and cannot be asserted. Insofar as the vehicle manufacturer provides an update for installation, Lorinser cannot assume any third-party costs (e.g. removal/installation of control device, shipping costs, rental car, etc.). This shall also apply if other components of the respective vehicle are changed and these changes, from a technical perspective, may impact on the Lorinser performance increase, unless it is demonstrated by the respective claimant that this change is not the cause of the defect/damage to the Lorinser performance increase
e) Warranty claims relating to the warranty and/or additional warranty from the respective vehicle manufacturer are at the discretion of the vehicle manufacturer. In addition, there is not warranty for:
f) Parts not approved by the manufacturer
g) Operating and auxiliary fluids such as fuels, chemicals, filter inserts, coolants and anti-frost, hydraulic fluid, oils and other lubricants,
h) Injection pumps and nozzles, and for auxiliary components such as turbochargers or compressors,
i) Costs for testing, measuring and calibration work, insofar as they are not incurred in conjunction with damage liable for compensation.
4. Costs reimbursement
Costs are only reimbursed after a completed repair. The purchaser shall initially pay the repair costs. The acknowledged repair invoice must be submitted to Lorinser, which shall then check the costs within the framework of the Warranty conditions.
5. Geographic restriction:
The Warranty applies exclusively according to the provisions to Lorinser perfor-mance increases which are installed in vehicles licensed in the territory of the European Union and Switzerland
6. Expiration:
All claims from this Warranty shall expire 6 months after occurrence of the War-ranty case.
a) German law as applicable to German residents shall apply to claims from this Warranty
b) Insofar as claims under Warranty are asserted by merchants, juridical persons under public-law or by public-law special assets, the exclusive place of jurisdiction is the Lorinser place of domicile. This shall also apply if the claimant has a gen-eral place of jurisdiction in the Federal Republic of Germany.