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Terms of Service

 


General information

1. After placing the order, OLS DYNO FILES sells and delivers
optimized automotive software for engine management systems, tuning
hardware and tuning software.

2. Unless otherwise agreed in writing, the following terms and
conditions apply to all services on this website.

3. OLS DYNO FILES only accepts your own terms and conditions,
not the ones of the buyer.

4. OLS DYNO FILES reserves the right to change the terms and conditions
at any time. The current terms and conditions can always be found on the
website of OLS DYNO FILES.

5. OLS DYNO FILES will not inform your buyers whenever they
change the terms and conditions, as they are always kept up to date on the
OLS DYNO FILES website.

 

Offers and contracts

1. All OLS DYNO FILES offers are non-binding and are valid for a
period of 14 days unless otherwise agreed in writing.

2. A contract is always concluded when both parties sign this,
or when an order in the online shop is sent by the buyer, this is considered
accepted by OLS DYNO FILES.

3. All prices and information on the website of OLS DYNO FILES
have been created with great care. However, if errors have crept in by
mistake, then OLS DYNO FILES has the right to correct them without liability
for the damage.

4. OLS DYNO FILES is not obligated to accept all orders and can
not be obligated to compensation or damages.

5. OLS DYNO FILES requires the correctness of the information
given by the buyer when transmitting the software data. For fake
information OLS DYNO FILES is not liable for damage to the vehicle.

6. All information, files and delivered software products are
the intellectual property of OLS DYNO FILES.

 

Operation in the delivery of automotive software

1. OLS DYNO FILES only processes unencrypted files from master
devices and their own slave structure. The buyer orders the software
through OLS DYNO FILES webshop and pays in advance with previously purchased
credits. OLS DYNO FILES then creates with great care the ordered software
for the buyer and uploads them in the user panel, so that the buyer can
download them afterwards. The processing time ranges from one hour to one
working day.

2. All delivery instructions from OLS DYNO FILES are
non-binding. The delay with the delivery time does not constitute a non-performance
of the contract. If the delivery time 

can not be met, OLS DYNO FILES will inform the buyer
immediately.

3. The buyer submits all necessary data to OLS DYNO FILES.

 

 

Payment system and payment

1. Payment for the vehicle software (tuning file) is made
exclusively via credits. These must be purchased by the buyer before
ordering the vehicle software and are not transferable.

2. Prices are always in Euro.

3. OLS DYNO FILES is entitled to adjust prices once a year
according to the consumer price index.

4. Price increases are not specified separately, but are
directly visible in the shop.

 

Intellectual property

1. ALL supplied tuning files and vehicle software, are the
intellectual property of OLS DYNO FILES and are to be understood as a license
to use. Sale, display, transfer or duplication of these products is
simply prohibited!

2. A violation of OLS DYNO FILES intellectual property entitles,
make OLS DYNO FILES able to claim damages.

3. In each case, the buyer is obliged to pay a contractual
penalty of € 3,000, OLS DYNO FILES reserves the right to assert the resulting
total damage.

 

Complaints

1. Complaints must be made in writing for delivered files within
24 hours. These must be as detailed as possible. For tuning files, an
error  memory expression must always be appended with the appropriate
error codes.

2. Complaints relating to performance data and achievement of
the tuning values specified by OLS DYNO FILES will not be accepted, unless the
result has a deviation of more than 20% of 

the stated values. OLS DYNO FILES will immediately try to
deliver a modified software.

3. The submission of complaints does not exempt the buyer from
his payment obligations. The buyer does not have the right to postpone or
refuse payment.

4. If the claim of the buyer is justified, he has the right to a
new delivery of the tuning file.

5. The buyer is not entitled to a refund. See also “No refund
policy”.

 

Warranty

1. OLS DYNO FILES assumes no liability for the proper
functioning of the files, but confirms that should a file not work, they
should be revised free of charge and promptly.

2. The installation of the tuning files is carried out by the
buyer, for which we assume no liability.

 

 

Liability of the buyer

1. The buyer is aware that any changes to the vehicle of his
customers, in particular a change in software, lead to the revocation of
the operating license for the customer, should he not register
the changes in the vehicle documents.

2. The buyer is informed that he uses all files at his own risk
and informs his customers if he considers this necessary.

3. OLS DYNO FILES assumes no liability here and the buyer
further declares that he will indemnify and hold OLS DYNO FILES harmless
in all respects.

4. OLS DYNO FILES therefore recommends that all files that are
not permitted under the Highway Code should only be tested on private
facilities or on the racetrack.

5. The buyer is aware that vehicles with more power over the
software are exposed to heavier loads and are aware of the consequences.

6. OLS DYNO FILES is not liable for defects resulting from
inadequate fulfillment of the contractual obligations or for defects in
the delivered software.

7. OLS DYNO FILES shall under no circumstances be liable for any
damages, including consequential damages, replacement vehicle procurement,
fines or voiding the manufacturer’s warranty.

8. OLS DYNO FILES is not liable for damages caused by failure to
comply with the information and examination obligations of the buyer. OLS
DYNO FILES can not be held liable for incorrect or incomplete information
provided by the buyer to its customers.

9. Claims for damages by third parties against OLS DYNO FILES
are excluded.

10. OLS DYNO FILES excludes all liability towards third parties
and the buyer on hardware, body and life in all cases.

11. If a liability occurs, which does not provide liability,
then OLS DYNO FILES is liable with the sum of the purchase price, or the
paid credits, but with a maximum of 500 €.

 

Indemnification

1. The Buyer undertakes to indemnify and hold OLS DYNO FILES
harmless in all claims for damages of third parties, even if it can cause
damage.

 

Severability clause

Should individual provisions of this contract be ineffective or
unenforceable or become ineffective or unenforceable after the conclusion
of the contract, this shall not affect the 
validity of the remaining provisions of the contract.


The ineffective or unenforceable provision shall be replaced by
an effective and enforceable provision, the effects of which come 

as close as possible to the economic objective pursued by
the contracting parties with the invalid or unenforceable provision. The
above provisions shall apply only if 
the event that the contract proves to be incomplete.