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Terms of the GAN engine warranty Engine warranty applies in respect of the following products: „GÄN GA+“, „GÄN GTL“ und „GÄN GT“

This engine warranty is provided to you by GÄN Tuning Büro GmbH Torstraße 177, 10115 Berlin (hereinafter referred to as the “Warrantor”) in accordance with § 13 BGB for the following products „GÄN GA+“, „GÄN GTL“ und „GÄN GT“ (hereafter referred to as an “Additional Control Unit”) on the terms and conditions set out below:

I. Conditions for the conclusion of a guarantee contract.

You will only be entitled to benefit from the provisions of this Warranty if you are a consumer (hereafter referred to as a Warranty holder) of the Additional Control Unit GÄN GTL, GA+, GT. Each device must be registered on the webseite www.gantuning.com/motorwarranty within 14 days after its activation.

II. Subject matter and scope of this Warranty;

1. The engine warranty covers damage to the subsequently listed engine components if this damage occurs during the Warranty Period in the warranty-capable vehicle of the warranty holder as a direct result of the use of an Additioanl Control Unit (hereafter referred to as “Covered Event of Damage” ): intake manifold; drive shafts; all internal parts of the engine that are linked to the oil circulation system; gearboxes (with the exception of the couplings and coupling parts integrated into the gearbox); cardan shafts; cardan shaft bearings; pistons; crankcases; crankshafts; crankshaft sprockets; engine blocks; inlet and outlet valves including the valve guide; cylinder heads; cylinder liners; camshafts; camshaft sprockets; connecting rods; turbochargers.

2. Engine warranty applies only:
• for motor vehicles which are registered in Germany;
• motor vehicles with an odometer reading not exceeding 100,000 kilometres at the time a Covered Event of Damage occurs;
• their first registration at the time of purchase of an auxiliary control unit is not longer than 5 years;
• motor vehicles which are used for private, non-commercial use (Commercial types of use for these purposes include commercial passenger transport; driving school vehicles; courier/delivery vehicles; and commercial hire/rental vehicles;), unless the commercial use of the vehicle has not caused the damage;
• Motor vehicles in respect of which the regular maintenance, service and inspection work and care prescribed or recommended by the manufacturer of the vehicle was carried out in accordance with the manufacturer’s instructions unless the failure to carry out such maintenance and inspection work and care did not cause the damage.

3. 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 sum of €3,000.00 (gross) (Additional Control Unit ( „GÄN GA+“), up to the maximum sum of €3,000.00 (gross) (Additional Control Unit „GÄN GTL“) or up to the maximum sum of €5,000 (gross) (Additional Control Unit „GÄN GT“) 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. 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.

III. Warranty Period

The Warranty Period starts at the date of purchase of the Additional Control Unit and ends after the expiry of one year (in respect of Additional Control Unit “GAN GTL” only); or after the expiry of two years (in respect of Additional Control Units “GÄN GA+ und GÄN GT” only).

IV. Exclusions

1. Damage listed below can be excluded from the Motor Warranty:
a) normal wear and tear of Motor parts;
b) damage resulting from taking part in racing, race driving events;
c) 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 (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 behavior of the vehicle);
d) 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;
e) damage caused by you disregarding the manufacturer’s instructions in the operating manual regarding how to operate the vehicle; f) damage caused by you disregarding the terms of use for the Additional Control Units and/or other instructions given by the Warrantor in the operating manual for the Additional Control Units; damage caused by you, or a third party instructed by you, installing the Additional Control Unit contrary to the Warrantor’s specifications;
g) 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;
h) 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;
i) damage resulting from fault by you or a third party – in particular, damage caused by improper use of the car or the Additional Control Unit or damage caused by willful acts.

2. A claim under this Warranty shall be excluded if the odometer of the car has been interfered or tampered with, or if a defect in or the replacement of the odometer was not notified to the Warrantor without undue delay and, as a result, the actual total distance reading of the car 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 V of this Warranty (regarding how to notify us of a claim), unless your failure to comply with Part V 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 Additional Control Unit is installed in a vehicle model not expressly approved by the Warrantor for that particular Additional Control Unit.

V. Procedure

After a Covered Event of Damage has occurred you must follow the procedure below:

1. You must notify the Warrantor in writing form. The written notice shall be sent to:
GÄN Tuning Büro GmbH
Torstraße 177,
10115 Berlin.

2. The written notice of your claim must be sent with the following documentation:
a) the original sales receipt for the Additional Control Unit;
b) written documents (e.g. original service history booklet from the car manufacturer or original invoices) evidencing that the regular maintenance and inspection work andcare prescribed or recommended by the manufacturer of the car was carried out;
c) a copy of the registration certificate (V5C) for your car (showing you as the registered keeper).

3. Any repairs or preparatory work for repairs to may only be undertaken with the arrantor’s prior written approval.

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.

VI. Transferability of the engine warranty

If, during the Warranty Period, you sell the Qualifying Motor Vehicle in which the Additional Control Unit is installed as intended, the benefit of the remaining period of this Warranty may 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.

VII. Limitation period for warranty claims

Claims arising from this Warranty shall become time-barred 12 months following the end of the year in which the respective claim arose or the date you obtained knowledge of the circumstances giving rise to the claim.

VIII. Applicable law

The granting of the engine warranty is subject to German law.

IX. Legal rights

The statutory rights of the warranty holder, which are entitled to this in the event of a defect of the additional control unit at the time of transfer of risk in accordance with § 437 BGB, are not limited by this engine warranty and continue unchanged.

X. Final provisions

Should any provisions of this Warranty be or become invalid, so deletion of any provisions shall not affect the validity and enforceability of the remaining provisions hereof.

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