To the Terms and Conditions for consumers

Terms and Conditions

1. Scope

1.1

All deliveries, services, and offers provided by the Company to merchants, legal entities under public law, or special funds under public law are made exclusively on the basis of these General Terms and Conditions.

These are an integral part of all contracts that the Company concludes with its contractual partners (hereinafter also referred to as “clients” or “customers”) for the deliveries or services it offers. They also apply to all future deliveries, services, or offers to the client, even if they are not agreed to separately again.

1.2

Terms and conditions of the client or third parties shall not apply, even if the Company does not separately object to their validity in individual cases. Even if the Company refers to a letter that contains or refers to terms and conditions of the client or a third party, this does not constitute agreement with the validity of those terms and conditions.

2. Offer and conclusion of contract

2.1

All offers made by the Company are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. The Company may accept orders or commissions within fourteen days of receipt.

2.2

Additions and amendments to the agreements made, including these General Terms and Conditions of Delivery, must be made in writing to be effective. With the exception of managing directors or authorized signatories, the employees of the seller are not authorized to make any verbal agreements that deviate from these Terms and Conditions. To comply with the written form requirement, telecommunication, in particular by fax or email, is sufficient, provided that a copy of the signed declaration is transmitted.

2.3

Unless otherwise agreed, information provided by the Company regarding the subject matter of the service (e.g., weights, dimensions, utility values, load capacity, tolerances, and technical data) as well as our representations thereof (e.g., drawings and illustrations) are only approximate unless exact conformity is required for the contractually intended purpose. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and that are due to legal regulations or represent technical improvements as well as the replacement of components with equivalent parts are permissible provided that they do not impair the usability for the contractually intended purpose.

2.4

The Company reserves the right to make changes to the design and form of the deliverable during the delivery period, provided that this does not impair the suitability of the deliverable for the purpose intended by the customer.

2.5

The Company reserves the right of ownership of all documents made available to the client as well as all copyrights and other industrial property rights. Without the express consent of the Company, the documents provided may not be used outside the contractual relationship, in particular they may not be reproduced or made accessible to third parties. At the request of the Company, the client shall return all documents provided to the Company.

3. Orders for maintenance/repairs

3.1

If the scope of the respective maintenance work/repairs for the subject matter of the contract is not defined by the client, the Company shall determine the scope of services at its reasonable discretion, taking into account the interests of the client. If it only becomes apparent during order processing that repair is impossible due to defects in the subject matter of the contract, the Company shall be entitled to invoice the client for the work performed up to the time of this determination. If it only becomes apparent during order processing that (further) repair is not cost effective, the Company shall inform the client of this immediately in order to obtain a binding decision from the client on how to proceed. If the client decides not to continue with the order due to reasons of cost effectiveness, the Company shall be entitled to remuneration for the work performed up to that point and reimbursement of expenses not included in the remuneration.

3.2

The Company shall not be liable for errors or additional expenses resulting from incorrect documents, drawings, samples, or other information provided by the client.

3.3

Within the scope of repair work, the company assumes no liability for any attachments or add-on components installed on the turbocharger.

4. Deposit for old parts (turbocharger)

The Company is obliged to pay any deposit for old parts to the client if the client delivers a turbocharger of the same type and capable of being repaired within 6 months of delivery of a turbocharger by the Company. Section 377 of the German Commercial Code (HGB) shall not apply to the delivery of old parts. If an old part of the same type and capable of being repaired is not delivered to the Company within the specified period, the above claim of the client shall lapse without replacement; at the same time, the Company’s claim against the client for delivery of the old part shall lapse.

5. Delivery and delivery periods

5.1

Deadlines and dates for deliveries and services promised by the Company are always approximate, unless a fixed deadline or date has been expressly agreed. If shipment has been agreed to, delivery deadlines and dates refer to the time of handover to the forwarding agent, carrier, or other third party commissioned with the transport.

5.2

The Company may — without prejudice to its rights arising from default on the part of the customer — demand that the customer extend delivery and performance deadlines or postpone delivery and performance dates by the period during which the customer fails to fulfill its contractual obligations to the seller.

5.3

The Company shall not be liable for impossibility of delivery or for delays in delivery insofar as these are due to force majeure or other events that were not foreseeable at the time of conclusion of the contract (e.g. operational disruptions of any kind, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official approvals, official measures or the non-delivery, incorrect delivery, or late delivery by suppliers) for which the Company is not responsible. If such events make delivery or performance significantly more difficult or impossible for the Company and the hindrance is ultimately not of a temporary nature, the Company shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance deadlines shall be extended or the delivery or performance dates postponed by the period of the hindrance plus a reasonable start-up period. If, as a result of the delay, the customer cannot reasonably be expected to accept the delivery or service, it may withdraw from the contract by immediately notifying the seller in writing.

5.4

If the Company is in default with a delivery or service or if a delivery or service becomes impossible for any reason whatsoever, the Company’s liability shall be limited to compensation in accordance with § 10 of these General Terms and Conditions.

5.5

If the shipment of a delivery or the acceptance of the contractual service is delayed for reasons for which the customer is responsible, the costs incurred as a result shall be borne by the customer.

6. Place of performance, shipment, transfer of risk

6.1

Unless otherwise agreed, the place of performance for all obligations arising from the contractual relationship shall be the registered office of the Company. If the Company is also responsible for installation, the place of performance shall be the place where the installation is to be carried out as agreed.

6.2

The mode of shipment and packaging shall be at the discretion of the Company.

6.3

At the latest, the risk shall become the customer’s upon handover of the delivery item (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier, or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or if the Company has undertaken other services (e.g., shipping or installation). If shipment or handover is delayed due to circumstances for which the client is responsible, the risk shall become the client’s on the day on which the delivery item is ready for shipment and the Company has notified the client thereof.

6.4

Storage costs after the transfer of risk shall be borne by the client.

6.5

A shipment will only be insured by the Company against theft, breakage, transport, fire, and water damage or other insurable risks at the express request of the client and at its expense.

7. Prices and terms of payment

7.1

Prices are valid for the scope of services and delivery specified in the order confirmations. Additional or special services will be charged separately. Prices are in US dollars ex works plus packaging, statutory value-added tax, customs duties for export deliveries, and other public charges.

7.2

If the Company accepts (used) parts as payment, the price offered by the Company for these parts shall only apply under the condition that these parts can be repaired.

7.3

If the agreed prices are based on the Company’s list prices and delivery is not to take place until more than four months after conclusion of the contract, the Company’s list prices valid at the time of delivery shall apply.

7.4

The Company may increase the prices offered by a reasonable amount if, between the conclusion of the contract and the delivery/performance, the Company’s production costs (in particular material and personnel costs) have increased in an unforeseeable and unavoidable manner. In this case, the Company shall inform the client of the price increase immediately after becoming aware of it. The customer is entitled to withdraw from the contract within a period of two weeks after this information, provided that the contractual performance has not yet been rendered.

7.5

The Company is entitled to make outstanding deliveries or render outstanding services only against reasonable advance payment or security; this is particularly permissible for orders involving extensive material costs or long-term contractual services as well as if the Company becomes aware of circumstances that are likely to significantly reduce the client’s creditworthiness and which jeopardize the payment of the Company’s outstanding claims by the client from the relevant contractual relationship (including from other individual orders to which the same framework agreement applies).

7.6

Invoice amounts shall be paid by the client within 14 days without any deductions, unless otherwise agreed in writing. The date of payment shall be determined using the date of receipt by the Company. Checks shall only be considered payment after they have been cashed. If the client fails to pay when due, the outstanding amounts shall bear interest from the due date in accordance with the statutory provisions; the right to claim higher interest and further damages in the event of default remains unaffected.

7.7

The client is only entitled to assign claims from contracts with the Company with the prior written consent of the Company.

7.8

Unless expressly agreed otherwise, discounts on the invoice amount are not permitted. Checks and bills of exchange from the client will only be accepted by the Company after prior agreement — on account of payment — subject to timely and proper credit. Any collection and discount charges incurred shall be borne by the client.

8. Right of lien — realization — standing charge

8.1

The Company shall have a statutory right of lien on all items belonging to the client which are processed by the Company with the knowledge and consent of the client. The right of lien shall extend to all claims of the Company which are also subject to the retention of title in accordance with clause 11.

8.2

If the client is more than two months in arrears with a due payment, the Company shall be entitled, after prior written notification and setting a further deadline of four weeks, to realize the pledged item by auction or, if a market price is available, by private sale at the best possible price. In addition to its principal claim and the accrued interest, the Company shall also be entitled to satisfy the costs incurred by the sale from the proceeds of the sale. Any proceeds from the sale in excess of this amount shall be due to the client.

9. Warranty

9.1

The warranty period shall be one year from delivery or, if acceptance is required, from the date of acceptance.

9.2

The delivered items must be carefully inspected immediately after delivery to the client or to a third party designated by the client. They shall be deemed to have been approved by the buyer with regard to obvious defects or other defects that would have been apparent during an immediate, careful inspection if the seller does not receive a written notice of defects within seven working days of delivery. With regard to other defects, the delivery items shall be deemed to have been approved by the buyer if the notice of defects is not received by the seller within seven working days of the time at which the defect became apparent; if the defect was already apparent to the customer at an earlier point in time during normal use, however, this earlier point in time shall be decisive for the start of the complaint period. At the seller’s request, a delivery item that has been rejected must be returned to the seller carriage paid. In the event of a justified complaint, the seller shall reimburse the costs of the cheapest shipping method; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use.

9.3

In the event of defects in components from other manufacturers which the Company cannot remedy for licensing or factual reasons, the Company shall, at its discretion, assert its warranty claims against the manufacturers and suppliers on behalf of the customer or assign them to the customer. Warranty claims against the Company for such defects shall only exist under the other conditions and in accordance with these General Terms and Conditions if the legal enforcement of the aforementioned claims against the manufacturer and supplier has been unsuccessful or is futile, for example due to insolvency. During the duration of the legal dispute, the statute of limitations for the client’s warranty claims against the contractor shall be suspended.

9.4

The warranty shall lapse if the client modifies the delivery item without the consent of the Company or has it modified by third parties and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the client shall bear the additional costs of remedying the defect resulting from the modification.

9.5

The client’s statutory rights of recourse shall only exist to the extent that the client has not made any agreements with its customer that go beyond the statutory claims and rights for defects.

9.6

Any delivery of used items by the Company agreed with the client shall be made to the exclusion of any warranty for material defects.

9.7

If the examination of a notice of defect reveals that there was no defect covered by the warranty, the Company shall charge the costs of the inspection and, if necessary, repair at its current rates; in this case, the costs for sending the rejected item shall not be reimbursed and the return shipment to the contractor shall be at the contractor’s expense and risk.

9.8

If the client commissions the tuning of contractual items or the processing of classic car parts, the Company’s liability for material defects shall be limited to the proper execution of this work. A contractual success is only owed if this has been agreed in writing in advance.

9.9

In order to preserve warranty claims, it is necessary to send the defective goods to the Company. The goods must be marked as a warranty case. Furthermore, the customer is obliged to describe, at least in text form, how the alleged defect manifests itself. The warranty form provided by the Company should be used for this purpose. The goods must be marked so that incoming goods can be distinguished from replacement parts sent in for repair. Upon sending the defective goods, the claimant is entitled to a written report on the findings, which provides a technical assessment of the cause of the alleged defect.

9.10

Objections to our reports must be sent to the Company in writing within 6 weeks of receipt of the report and must include a technical explanation. Objections submitted later will not be considered by the Company out of court.

9.11

Motorsport parts marked as such are designed for maximum performance and extreme loads with a short service life. These parts may be worn out or worn after a very short time without there being a material defect. When using an item as an upgrade turbocharger, the following must be observed: The installation of the listed turbocharger in a road vehicle will invalidate the vehicle’s operating license unless individual approval has been obtained. If the item is used as an upgrade turbocharger, it is excluded from any warranty and guarantee, as it was not originally developed for the vehicle in which it is used and is therefore not intended for this purpose. There is no claim for replacement or liability for consequential damage resulting from an increase in performance due to the use of the product in the vehicle. An “upgrade turbocharger” is a turbocharger that was not developed for the vehicle in which it is to be used, but for use in other vehicles and is therefore not approved for this use by BE Turbo. If it is installed nonetheless, this is done at the risk of the installer, not at the risk of BE Turbo.

9.12

A warranty for the “upgrade turbocharger” can only be provided if it can be proven that it has been installed and tuned professionally, that an individual inspection has taken place, and that the vehicle is used exclusively in road traffic. The warranty is void if the product is installed in a competition vehicle. If the “upgrade turbocharger” is installed, any existing warranties or guarantees for the engine/drive train or the entire vehicle in which the charger has been installed may be void. Information on this can be obtained from the respective vehicle manufacturer. BE Turbo is not liable for any continuing warranty or guarantee claims on the engine, drive train, and/or the entire vehicle.

9.13

Turbochargers are always delivered and repaired on the condition that they are used for standard specifications in road vehicles. If the turbochargers are used for tuning or sporting purposes, delivery, and/or repair shall be carried out to the exclusion of any warranty. It should be noted that the operating license of the vehicle expires upon commissioning of these products and can only be reinstated by individual approval from a suitably qualified expert.

10. Compensation

10.1

The Company’s liability for damages, regardless of the legal basis, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, is limited in accordance with this Section 10, insofar as fault is relevant.

10.2

The Company shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents, unless this constitutes a breach of essential contractual obligations. Essential contractual obligations are the obligation to deliver and install the delivery item on time, its freedom from defects that impair its functionality or usability to a more than insignificant extent, as well as advisory, protective, and duty of care obligations intended to enable the customer to use the delivery item in accordance with the contract or to protect the life or limb of the customer’s personnel or to protect the customer’s property from significant damage.

10.3

Insofar as the Company is liable for damages on the merits in accordance with Section 7.2, this liability shall be limited to damages which the Company foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which it should have foreseen if it had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item shall also only be eligible for compensation if such damage is typically to be expected when the delivery item is used for its intended purpose. If part of the compensable damage consists of costs for the installation and removal of parts on motor vehicles or repair work, the Company shall consider an expense allowance of up to €40.00 net per working hour plus the applicable value-added tax to be reasonable. It is further agreed that in the above case, the appropriateness of the working hours spent shall be determined on the basis of software based on TecDoc from TecAlliance GmbH, as currently available.

10.4

In the event of liability for simple negligence, the Company’s liability for property damage and any resulting further financial losses shall be limited to an amount of 10 million euros (in words: ten million euros) per claim, even if this constitutes a breach of essential contractual obligations.

10.5

The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees, and other vicarious agents of the seller.

10.6

Insofar as the Company provides technical information or advice and this information or advice does not form part of the scope of services owed by it and agreed in the contract, this shall be provided free of charge and to the exclusion of any liability.

10.7

The above limitations of liability shall not apply to the Company’s liability for intentional conduct, for guaranteed characteristics, for injury to life, limb, or health, or under the Product Liability Act.

10.8

Insofar as the Company’s liability is limited above, claims against the Company shall become statute-barred within 12 months. This also applies to claims for defects for which the Company is not responsible, unless they relate to buildings or a delivery item that has been used for a building in accordance with its normal use and whose defectiveness has caused the claim. In all other respects, the statutory limitation periods apply. Subsequent performance does not trigger a new limitation period.

11. Retention of title

11.1

The retention of title agreed to below serves to secure all current and future claims of the Company against the customer arising from the delivery relationship between the contracting parties, including balance claims from a current account relationship limited to this delivery relationship.

11.2

The goods delivered by the Company to the customer remain the property of the Company until all secured claims have been paid in full.

11.3

The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the occurrence of the event of default (Section 11.8). Pledging and transfer by way of security to third parties are not permitted.

11.4

If the goods subject to retention of title are processed by the customer, it is agreed that the processing shall be carried out in the name and on behalf of the Company as the manufacturer and that the Company shall immediately acquire ownership or — if the processing is carried out using materials from several owners or the value of the processed item is higher than the value of the reserved goods — co-ownership (fractional ownership) of the newly created item in proportion to the value of the reserved goods to the value of the newly created item. In the event that no such acquisition of ownership occurs on the part of the Company, the customer hereby transfers its future ownership or — in the above-mentioned ratio — co-ownership of the newly created item to the Company as security. If the reserved goods are combined with other items to form a single item or are inseparably mixed and one of the other items is to be regarded as the main item, the customer shall, insofar as the main item belongs to him, transfer to the Company proportional co-ownership of the single item in the ratio specified in sentence 1.

11.5

In the event of resale of the goods subject to retention of title, the customer hereby assigns to the Company, by way of security, the claim against the purchaser arising from the resale — in the event of co-ownership of the goods subject to retention of title by the Company, in proportion to its co-ownership share. The same shall apply to other claims that replace the reserved goods or otherwise arise in respect of the reserved goods, such as insurance claims or claims arising from tort in the event of loss or destruction. The Company authorizes the customer to collect the claims assigned to the Company in its own name and does so with the power to revoke this authorization. The Company may only revoke this collection authorization in the event of realization.

11.6

If third parties seize the goods subject to retention of title, in particular by attachment, the customer shall immediately inform them of the Company’s ownership and notify the Company thereof in order to enable it to enforce its property rights. If the third party is unable to reimburse the Company for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to the Company for these costs.

11.7

The Company shall release the goods subject to retention of title and the items or claims replacing them if their value exceeds the amount of the secured claims by more than 25%. The selection of the items to be released shall be made by the Company.

11.8

The assertion of the retention of title or a demand for surrender based thereon by the Company shall only be deemed a withdrawal from the contract if the Company expressly declares this.

12. Miscellaneous

12.1

If the client is a merchant, a legal entity under public law or a special fund under public law, or if it has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between the Company and the client shall be, at the Company’s discretion, the Company’s registered office or the client’s registered office. In such cases, however, the place of business of the Company shall be the exclusive place of jurisdiction for legal action against the Company. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

12.2

The legal relationship between the Company and the client shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

12.3

Returns / returns of purchased goods For returns of new goods that have been ordered but are not required, we charge a restocking fee of 10% of the purchase price for inspection and repackaging.

13. Item description

Motorsport parts not approved for road use: We would like to point out that none of the products offered for sale are original vehicle parts from the vehicle manufacturers BMW AG, MG GmbH, MINI, VAG or any other vehicle manufacturers. The naming of vehicle brands and models is solely for the purpose of product identification and classification. No guarantee is given that this part will fit the corresponding vehicle. The installation of the parts is at the customer’s own risk.

As of: 03/2025

BE TURBO GmbH, Daimlerstr. 32, 48432 Rheine

T +49 5971 80123 0 — F +49 5971 80123 95