"The happiness of our customers is the key to our success"

§1 Validity of these General Terms and Conditions

1.1 These General Terms and Conditions are valid for both private customers (according to §13 of the German Civil Code) and business customers (according to §14 of the German Civil Code).

1.2 DTS's deliveries, service provision and quotes are made exclusively in line with the General Terms and Conditions as stated in this document. This also holds true for all future transactions with private customers, even without explicit separate reference. These General Terms and Conditions will be considered accepted once an order has been confirmed in writing or orally. Further conditions stipulated by the customer are not permitted. This regulation holds for the duration of the business contract between DTS and the customer and requires no reiteration by DTS, even after the placing of an order. Deviation from these General Terms and Conditions only then come into effect, when they have been confirmed by DTS in writing.

§2 Service range

2.1 DTS repairs digital speedometers, navigation systems and other dashboard instruments (in-car computer, air conditioning control systems, multifunction displays etc.). DTS also services these and other electronic devices (e.g. chip tuning, speedometer tuning, re-coding, TV activation etc.).

2.2 The responsibility of installing or removing of shipped electronic parts remains with the customer. Any costs incurred from such activities will not be assumed by DTS.

2.3 Should the customer so desire, DTS can carry out the installation or removal of these parts at the customer's expense. The installation or removal must be carried out at DTS' premises. The minimum fee is 20,- Euro, dependent on the type and model being installed. Estimates can be obtained from DTS prior to commencement of the installation/removal.

2.4 Should DTS be asked to repair damaged equipment, whereby the damage originated from a third party, DTS reserves the right to demand payment from the customer for extra labour costs. Should such repair be deemed necessary, the customer is obliged to formally place an order, as stipulated in §3.3, before the repair is carried out.

§3 Estimate, contract

3.1 DTS quotes are non-binding and subject to confirmation.

3.2 Contracts are deemed as binding, when the customer completes and signs the official order form located on the DTS website www.tachopix.de, (business customers should also stamp the form) and sends it back to DTS together with the electronic component that requires repairing. In exceptional cases and where circumstances dictate, orders can also be placed orally.

3.3 The final repair price can differ from the price indicated in the original quote, should extra labour be necessary. In such cases, the customer will be informed by telephone and a quote for the extra labour will be sent by fax. By signing and stamping (business customers) this new quote and faxing it back to DTS, the customer indicates his acceptance of the new quote. In exceptional and urgent circumstances, the customer can indicate his acceptance by telephone. The changing of lightbulbs, where necessary, requires no further agreement and the costs incurred will be billed separately to the customer.

3.4 Estimates of repair costs and diagnostic work always entail charges for customers, even if the unit can not be repaired by DTS or the repair is no longer desired by the client. The inspection fee is dependent on the error and effort, but costs at least 29,- Euro including VAT.

§4 Withdrawal clause - valid only for private customers

The customer has the right to withdraw an order without further justification, either in writing (letter, fax, email) or by returning the goods concerned, within fourteen days. This period begins at the earliest on receipt of the withdrawal clause or in case of delivery on receipt of the goods by the receiver. In order to make use of this right, the customer must submit in writing the withdrawal, or return the goods concerned, in time.

The withdrawal should be submitted to: Digital Tuning Service GmbH, Maciej Pilarski, Managing Director, Nordring 8e, D-30163 Hannover, Germany, Fax: +49 511-67669727, email: info@tachopix.de.

Should a withdrawal come into force, any payments made or received by both parties must be refunded, inclusive of any further benefits (e.g. interest) incurred. If a customer is no longer in the position to return goods, either completely or partially, or in a poor state, DTS reserves the right to levy charges in lieu of missing or non-returned goods or as compensation for any deterioration in value of the concerned goods. This does not affect goods which are proven to have been damaged during inspection after their return. Furthermore, in-lieu payments can be avoided by not treating parts as customer property and protecting them from damage which could otherwise impair their market value. Goods which can be packaged and shipped by post, will be returned at the liability and expenses of DTS. Goods which cannot be delivered by parcel service will be collected from your home. Should the requirement to make payments as part of the withdrawal agreement remain, these should be honoured within 30 days of sending the withdrawal. The period starts for you from the moment you send the withdrawal clause or the item; for us, the period starts upon its receipt. Note: The customer's right to withdraw expires early, if work has already begun on the order, with the customer's explicit consent, before the end of the 14 days period, or if arrangements have been made for work to commence (e.g. by making an order online, sending of instrument cluster to be repaired, etc.)

§5 Delivery and service time

5.1 As a rule, DTS repairs all instrument clusters on the day of receipt; all other dashboard instruments will be repaired on the following day. Should repairs be delayed (for example, if spare parts need to be ordered), DTS will inform the customer by telephone of the new return date. All dates are considered as approximate. If an agreed return date is exceeded by more than two weeks, the customer may set a two-week extension in writing. Once this extension period has elapsed, and the repair has still not been completed, the customer has the right to cancel the order. If a delivery date has not been agreed upon between DTS and the customer, the customer may only set an extension period subject taking into account a reasonable delivery period.

5.2 If several parts are sent for repair, DTS reserves the right to return these in more than one delivery (part delivery process). The customer is obliged to accept these part deliveries, which will be charged separately. Acts of nature discharge DTS from the obligation of delivery.

5.3 In the case of non-delivery to the contractor or the customer, the customer is not entitled to a refund of expenses incurred (e.g. courtesy car, new replacement parts or goods, refund of delivery charges, surcharges for registered/express deliveries).

5.4 Should DTS in exceptional circumstances not be able to complete a repair, the part will be sent back to the customer unrepaired. In this case, the customer will pay delivery charges and all costs for the diagnosis of the problem. Should it for any reason not be possible to carry out a repair, or only at excessive cost, DTS reserves the right to dissolve the existing contract. The same holds true should a necessary replacement part not be available. The customer will be informed of this without delay, and, where applicable, payments already made will be refunded without delay.

§6 Instrument cluster hire service

6.1 If requested, instrument clusters for BMW and Mercedes can be hired by customers prior to the carrying out of repair work. This service is free of charge for a period of 14 days for business customers. The customer will assume delivery charges (both ways). Private customers will pay a fee of 19,- Euro including VAT. On hiring an instrument cluster, private customers undertake to pay the full price for the repair work, including delivery charges and instrument cluster fee, as well as a further security payment on delivery of the instrument cluster by cash on delivery. Payment can also take place ahead of repair, if mutually agreed, by credit transfer. The security payment will be refunded after the loaned, and undamaged, instrument cluster has been returned.

6.2 Instrument clusters can only be hired when an order is made online and in advance.

6.3. As a rule, hired instrument clusters will be dispatched on the same day as an order is placed. The order will be considered confirmed, even if under exceptional circumstances delays occur in the dispatch of the instrument clusters. The customer may cancel the order in writing without incurring costs (see §6.5), but only if the instrument cluster has not already been dispatched. Should deliveries be delayed, at no fault of DTS, the customer is not entitled to a refund of expenses incurred (e.g. courtesy car, new replacement parts or goods, refund of delivery charges, surcharges for registered/express deliveries).

6.4 The customer must ensure that repair work can be carried out within 14 days of receipt of the instrument cluster, so that it can be returned to DTS within this period. Should the instrument cluster not be returned within 14 days, the customer will be charged 5,- Euro per calendar day, up to a period of 90 days. After this period, the customer will be charged the full price of a replacement instrument cluster.

6.5 Should the customer not send the item for repair within 14 days of receipt of the hired instrument cluster and have also not cancelled the order in writing, the customer will be charged a service fee of 25,- Euro including VAT and delivery charges. Furthermore, once this 14 day period has elapsed, the customer will be charged, on top of the service charge, 5,- Euro per calendar day, up to a period of 90 days. After this period, the customer will be charged the full price of a replacement instrument cluster.

6.6 DTS brings to the customer's attention, that the hired instrument clusters have restricted functions. It is therefore possible that the instrument cluster will operate differently to the equipment in the vehicle in which it is to be installed. It is the responsibility of the customer to warn his clients, that some functions (e.g. reverse parking assistance, fuel gauge) may not work. DTS cannot be held responsible for any ensuing damages.

6.7 DTS draws explicit attention to the fact that the hired instrument clusters are second-hand and may show signs of wear and tear (e.g. scratches, pixel errors, cracked Plexiglas display covers etc.). Should the customer's client - or indeed the customer personally - decide not to use the hired instrument cluster, because he/she deems it to be in an unsatisfactory condition, or he deems the lack of certain functions according to §6.6 to impair required usage, the client remains obliged to bear all postage and packing costs for the transportation and return of the hired instrument. Where possible, DTS can attempt to exchange the instrument for one with fewer signs of wear and tear. In this case, the customer will be obliged to cover further postage costs.

6.8 DTS draws explicit attention to the fact that hired instrument clusters may not be programmed by the customer or clients of the customer. Should the customer or a client of the customer programme the hired instrument cluster, the customer will be charged with the price of re-coding the instrument by DTS. These charges are levied depending on the instrument cluster model.

6.9 The customer is responsible for ensuring that the hired instrument cluster is returned to DTS via insured and secure delivery. Should the instrument cluster be lost during transit, the customer will be expected to pay a fixed compensatory charge of 500,- Euro. The customer retains the right, by way of providing suitable evidence, to prove lesser damages.

§7 Instrument removal instruction manual

7.1 On request, DTS can send the customer in advance and free of charge an instrument removal instruction manual, but only if the customer has placed an order by completing the order form online on DTS's website www.tachopix.de. The instrument cluster for repair must arrive at DTS's premises within 14 days. Should the instrument cluster not arrive within this period of time, DTS will assume that the customer has decided to withdraw the order. The customer may also withdraw the order in writing. In both cases, the customer will be invoiced 20,- Euro including VAT for the instrument removal instruction manual.

7.2. The instrument removal instruction manual remains the sole property of DTS: copying and dissemination of the manual is strictly forbidden. DTS reserves the right to claim compensation in cases of non-compliance.

§8 Shipment and transfer of risk

8.1 Shipping costs for the dispatch to and return from the customer will be borne by the customer. The customer will ensure that shipment can be made via insured delivery and that the goods are packed safely. Should packaging be insufficient, a 5,50 Euro charge will be incurred without the need for further agreement. In accordance with DTS's General Terms and Conditions, shipping and packaging will be calculated at cost price. DTS assumes no responsibility for any damages incurred during shipping: All shipping takes place at the customer's risk.

8.2 Shipping route and method, unless explicitly agreed, will be determined by DTS. As a rule, packages will be sent with UPS courier service. DTS is therefore dependent on UPS' working hours. Standard delivery packages will be dispatched Monday to Friday. Should the customer so wish, packages can also be made via express delivery or on Saturdays. Costs incurred for these special services will be borne by the customer.

8.3 Packages returned by DTS are generally insured up to a value of 500,- Euro (one part), 800,- Euro (two parts) or 1.200,- Euro (three parts). DTS can arrange for extra insurance, but only at the express wish of the customer. The cost for extra insurance will be covered by the customer. In line with UPS's General Terms and Conditions, obvious damage caused during transport should - when possible - be reported, along with the necessary proof, in writing to DTS immediately or at the latest within 3 working days (for national deliveries), or within 4 working days (for international deliveries).

8.4 Costs incurred for customer returns are to be borne by the customer. If DTS is responsible for the return of the goods (e.g. return of goods under guarantee), DTS will only assume the costs, if DTS has made prior arrangement to have the package picked up from the customer (only within Germany). Should an order be withdrawn, the customer will be expected to carry the costs of returning goods, when the goods delivered are identical to those ordered and when the total price of the goods to be returned is not higher than 40,- Euro, or when the customer, when he withdraws the order and the goods have a higher value than 40,- Euro, has not honoured his part of a legally binding agreement, either in kind or through part payment. In all other cases, no charges will be incurred for returning goods.

8.5 DTS is not obliged to accept unpaid packages. Should an unpaid package nevertheless be accepted, DTS will invoice the customer for all costs incurred.

8.6 Should deliveries be made difficult or indeed hindered for the courier service, or for DTS's delivery service, through an act of nature, regulatory action, business closures, strikes, extreme weather or similar circumstances, DTS will be discharged from the obligation of delivery for the duration of the hindrance and the after effects thereof.

8.7 DTS assumes no responsibility for damage incurred during the transport of goods sent to DTS, especially for those damages incurred due to insufficient packaging of the goods.

8.8 Should the customer not accept a delivery of goods or not be available to accept the delivery via UPS on three occasions, thus preventing delivery outright, the customer will be obliged to carry the extra costs incurred for a new delivery. Refusing to accept a delivery does not mean the termination of an order. DTS is obliged to keep the goods for a period of six months. Should demands for payment not be settled within this period, the goods will be auctioned off and the proceeds will go towards settling all outstanding payments.

8.9 Should the customer fail to provide the correct address when placing an order, the customer is obliged to reimburse the fees paid by DTS, incurred for the correction of the address by the courier service.

8.10 Should the client require DTS to send the repaired instrument cluster to another location other than that of the customer's address, the customer assumes responsibility for the goods from the moment DTS hands the goods over to the courier service. The same applies from the moment DTS hands over the goods to the person assigned by the customer for the collection of the goods.

8.11 Consumers may return any waste packaging - as defined by the Federal Ordinance on the Avoidance and Recovery of Packaging Wastes - either by bringing it directly to DTS' offices during normal opening hours at no further cost, or by sending it freepost to DTS' business address.

§9 Prices and price changes

9.1 The prices of DTS's deliveries and services are set according to the prices listed in the latest version of the official price list. Unless otherwise explicitly stated, the prices listed are inclusive of all taxes and other charges. Should net prices be stated, payment of sales tax according to the current rate will be incurred.

9.2 Should DTS, through no fault of its own, e.g. waiting for the delivery of replacement parts, be in the position of only being able to carry out repairs more than 30 days after the placing of the order, DTS has the right to charge those prices valid on the day of delivery, stating reason and amount.

§10 Payment conditions

10.1 Unless agreed otherwise, invoices are to be settled in full either on delivery (for shipped goods) or in cash (handed over goods or for services carried out at the customer's premises). Cheques, foreign currency, credit cards or any other form of payment card are not accepted. DTS reserves the right, on mutual agreement, to ask for payment in advance. The order remains unaffected, even if payment is not made within the allotted period of time set by DTS.

10.2. All invoices must be settled in full within 14 days of receipt.

§11 Right of property

11.1 In addition to the standard right of property, all DTS deliveries are carried out, in case of companies, under an extended right of property for DTS' replacement parts. The customer can only assume right of property for the ordered goods, once all liabilities arising from the business agreement between the customer and DTS have been settled. The customer is obliged to return replacement parts on demand to DTS without further delay.

11.2 Pawning of goods or their use as a security for other ventures is strictly forbidden before the final settlement of all invoices. Resale is allowed only as part of a legal business transaction. Should goods under qualified purchase be resold, the customer must rescind immediately to DTS the full value of his sale price demand to the buyer. Should the buyer default - either partially or fully - on any payment, withhold payment completely, or should there be any other doubts in the buyer's ability or willingness to pay, the buyer loses the right with immediate effect to have the goods at his disposal.

11.3 For the full duration of the right of property, those goods classed as DTS' property, must be insured by the customer against fire, water, theft and burglary. Any payments made to the customer from the insurance policies of the customer, will be handed over to DTS. DTS will accept these payments.

§12 Guarantee, compensation

12.1 Guarantee claims for the repair of the repaired instruments are limited to one year, valid from the date of delivery marked on the guarantee seal. The statute of limitation for guarantee claims on replacement parts is set according to existing laws. DTS offers a guarantee of between 2 and 5 years for specific repair services. The duration of each particular guarantee can be found in the quote from DTS, or by asking DTS directly. Above and beyond this guarantee, DTS provides, on payment of the necessary charges, a guarantee of two further years. The conditions and prices for this extra service can be found in the current price list.

12.2 Should repairs not have been carried out correctly, DTS has the right either to correct the faulty repair or to exchange the parts replaced by DTS. DTS assumes responsibility for the correction of faulty repairs or the exchange of replaced parts in the same manner as for the original repair. The customer only has the right to demand reductions or termination of the contract, once the correction or replacement has failed twice. In this case, the customer can expect a refund of the amount already paid.

12.3 A guarantee can only be claimed, if the faulty part can be viewed and inspected by DTS and thus sent to DTS for correction. Parts replaced become the property of DTS.

12.4 The obligation to provide guarantee does not exist or will be rescinded, if the seal is broken, or when the goods delivered are changed, altered or repaired by third parties without DTS's agreement.

12.5 On request - and where available - DTS can lend an instrument cluster for the duration of the correction. The shipping costs will be assumed by DTS (only within Germany). Should it be later ascertained that the guarantee claim was made illegitimately, the customer will cover all shipping costs (including those for the loaned instrument), as well as a 25,- Euro + VAT fee for the lent instrument.

12.6 DTS will not refund any costs incurred by the customer in course of the correction, especially for the removal and installation, courtesy car fees, new parts or instruments, or extra fees incurred for express or Saturday deliveries. DTS reserves the right to cover exclusively the costs for normal delivery to the customer (only within Germany). DTS also assumes the costs for the return of the good to DTS, but only when DTS is instructed to have the part picked up by a courier service of DTS' choice (only within Germany).

12.7 If the customer sells the (repaired) device/replacement part or the vehicle in which the device is installed to a third party, the warranty right or any warranty on the (repaired) device/replacement part shall only be transferred to the third party if DTS gives its consent to this.

§13 Liability for consequential damage, vehicle guarantee and correctness of programmed data

13.1 DTS assumes no liability for damages ensued to other parts of a vehicle, nor for ensuing damage which cannot be traced back to a faulty repair by DTS (e.g. installation damages caused by the customer etc.).

13.2 DTS brings to the customers attention, that DTS can only adjust mileometers according to customer information, when the instrument has been replaced, or the current mileage cannot be read due to a defect. The customer is obliged to provide DTS with the correct mileage information.

§14 Data protection

14.1 DTS reserves the right to save and use customer data electronically, as required for orders, requests and estimates.

14.2 The regulations of the Federal Data Protection Act §4, para. 1. and 2, will be adhered to. Personal data will be handled confidentially and not passed on to third parties.

§15 Partial non-validity

15.1 The non-validity of any one of the clauses above does not affect the validity of these General Terms and Conditions as a whole.