Terms of service
1. DEFINITIONS
For the purposes of these Terms:
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“Seller” means MCE Performance, Martin Chloupek.
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“Customer” means any natural or legal person placing an order.
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“Consumer” means a natural person acting outside their trade or profession within the meaning of EU consumer law.
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“Business Customer” means any person acting in the course of business.
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“Products” means all goods, components, tuning services, modifications, performance optimizations, software, or technical services supplied.
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“Motorsport Products” means all performance parts, racing components, modified engines, suspension systems, electronics, and technical parts designed for competition or high-performance use.
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“Custom Products” means goods manufactured or modified according to customer specification.
2. SCOPE OF APPLICATION
These Terms apply exclusively to all current and future transactions.
Deviating terms of the Customer shall not apply unless expressly agreed in writing.
Mandatory consumer protection laws remain unaffected.
3. CONCLUSION OF CONTRACT
Offers are non-binding.
A contract is concluded upon:
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written order confirmation, or
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commencement of production, or
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shipment of goods.
For Custom Products, contract formation occurs at the moment production begins.
The Customer acknowledges that production of performance components may begin immediately after order confirmation.
4. MOTORSPORT & HIGH-PERFORMANCE DISCLAIMER
Unless explicitly stated otherwise:
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Products are designed exclusively for racing, competition, or off-road use.
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Products may not comply with road traffic laws.
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Installation may void vehicle registration, insurance coverage, and operating permits.
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Use on public roads may be illegal.
The Customer bears sole responsibility for:
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verifying regulatory compliance,
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obtaining approvals,
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ensuring compatibility,
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ensuring professional installation.
Claims based on lack of street legality are excluded.
5. PERFORMANCE OPTIMIZATION – NO GUARANTEE OF RESULT
Engine tuning, ECU calibration, suspension optimization, and similar services constitute an obligation of effort, not success.
No guarantee is given regarding:
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horsepower gains,
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torque increase,
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lap time improvement,
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durability under racing conditions,
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mechanical longevity under competition stress.
Racing involves extreme mechanical loads. Failures may occur despite professional execution.
6. PRICES AND PAYMENT
Prices are stated in EUR unless otherwise indicated.
Seller may require:
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full prepayment,
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milestone payments,
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advance deposits.
In case of payment delay, Seller may suspend performance.
All transaction fees are borne by the Customer.
7. DELIVERY, RISK TRANSFER, INCOTERMS
Unless otherwise agreed:
Delivery is EXW Natternbach, Austria (Incoterms current version).
Risk transfers upon:
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handover to carrier, or
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availability for pickup.
For digital content, risk transfers upon transmission beyond Seller’s network interface.
8. RETENTION OF TITLE
Goods remain property of Seller until full payment.
Processing, modification, or integration does not extinguish retention of title.
Business Customers must ensure enforceability of retention rights in their jurisdiction.
9. ACCEPTANCE
Goods are deemed accepted:
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upon installation,
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upon operational use,
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or 14 days after delivery if no written defect notice is received.
Racing use constitutes acceptance.
10. WARRANTY
10.1 Consumers
Statutory warranty rights apply.
10.2 Business Customers
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Warranty period limited to 6 months.
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Reversal of burden of proof excluded where legally permissible.
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Recourse claims excluded where legally permissible.
10.3 Warranty Exclusions
Warranty is void if:
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product is modified,
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non-approved parts are installed,
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improper installation occurs,
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racing stress exceeds mechanical limits,
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maintenance intervals are ignored,
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overheating, over-revving, or misuse occurs.
Normal wear and racing wear do not constitute defects.
11. LIMITATION OF LIABILITY
Except for personal injury and mandatory product liability:
Liability exists only in cases of intent or gross negligence.
Liability is capped at the net order value.
Excluded:
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indirect damages,
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consequential damages,
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loss of profit,
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loss of race results,
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business interruption,
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data loss,
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reputational damage,
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third-party claims.
For Custom Products manufactured to Customer specifications, liability is limited strictly to manufacturing conformity.
Claims must be asserted within 6 months of knowledge of damage.
12. PRODUCT LIABILITY ACKNOWLEDGMENT
The Customer acknowledges that:
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Motorsport Products are high-risk components.
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Mechanical failure under racing conditions is inherent risk.
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Performance parts may reduce overall component lifespan.
The Customer assumes all risks associated with competition use.
13. INDEMNIFICATION
The Customer shall indemnify and hold harmless Seller from any third-party claims arising from:
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improper installation,
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unauthorized modification,
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regulatory violations,
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resale or export to restricted jurisdictions,
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use outside intended purpose.
14. EXPORT AND COMPLIANCE
Customer is responsible for compliance with:
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export regulations,
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customs laws,
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import restrictions,
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technical approval laws.
Seller assumes no liability for cross-border regulatory issues.
15. INTELLECTUAL PROPERTY
All technical drawings, performance data, software calibrations, and development materials remain intellectual property of Seller.
Reverse engineering, copying, or redistribution is prohibited.
16. FORCE MAJEURE
Seller is not liable for delays caused by:
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supply chain disruption,
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governmental measures,
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strikes,
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natural disasters,
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transport interruption.
Deadlines extend accordingly.
17. GOVERNING LAW AND JURISDICTION
Austrian law applies, excluding CISG.
For Business Customers:
Exclusive jurisdiction in Austria.
For Consumers:
Mandatory jurisdiction rules remain unaffected.
18. ELECTRONIC COMMUNICATION
Electronic invoices are permitted.
Electronic communication satisfies written form unless mandatory law requires otherwise.
19. SEVERABILITY
Invalid provisions do not affect remaining provisions.