Bosch Engineering

Sales Terms and Conditions for Motorsport Products
For use in legal transactions with entrepreneurs, public law legal
entities and public law special funds.
1.
1.1

1.2

1.3

1.4

1.5

2.

Scope of validity
Our deliveries shall exclusively be governed by the terms andconditions set forth hereunder as a supplement to the General
Terms and Conditions of Bosch Engineering GmbH (hereinafter referred to as “Terms and Conditions”). Terms and conditions opposing or deviating from our Terms and Conditions
shall not apply unless we have expressly agreed to their applicability. The following Terms and Conditions shall also
apply if, notwithstanding our knowledge of deviating or opposing terms and conditions of the customer, we unconditionally perform delivery to the customer.
The following conditions are valid for the supply of various
products to be used by our customers (“Buyer”) in motorsport
vehicles, including mass products for road vehicles out of serial production, modifications thereof and products especiallydeveloped and designed in accordance with the Buyer’s specifications.
Buyer hereby acknowledges that mass products for road vehicles are not designed to meet all of the requirements and demands of motor racing.
Buyer further acknowledges that modified mass products orproducts specially developed and designed in accordance with
Buyer’s specifications or other products for use in the realm of
motor racing (“Products”) cannot be tested to the same degree
as mass products for road vehicles and that production is not inevery case conducted in accordance with well-known and secured processes.
Furthermore the use in the realm of motor racing leads to early
wear, since the Products are designed with a focus on race performance and not on endurance.

particularly for use in motor racing - requested and/or expectedby Buyer.
4.4 We are only liable to pay damages and compensation of abortive expenditures in case of wilful misconduct or gross negligence. In no event shall we be liable for any consequential orindirect damages or for lost profits, however caused.
5.

Liability
In the event that a third party be injured as a result of a defective product (error in design, production or instruction), Buyer
shall indemnify and hold us harmless from and against any resulting third party claims - irrespective of the legal grounds forsuch claims - including any costs necessary for legal defence.

6.

EffectivenessIn the event that any provision hereof be or becomes invalid,
the validity of the remaining provisions shall not be affected
thereby. Any invalid provision shall be replaced by that valid
provision which most closely corresponds to the original intention or economic purpose of the invalid provision.

7.
7.1

Miscellaneous
If one of the provisions of these Terms and Conditions andthe further contracts reached should be or become ineffective,this shall not affect the validity of the remainder of the Terms
and Conditions. The contracting parties are obliged to replace
the ineffective provision by a ruling approximating mostclosely the economic success intended by the ineffective provision.
The courts of Stuttgart (for proceedings at the court of first
instance, the district court in 70190 Stuttgart), or, at our discretion, if the customer is,(i) a registered merchant or(ii) has no general domestic place of jurisdiction or(iii) has moved its domicile or normal place of abode abroadafter entering into the contract or if its domicile or normal
place of abode is unknown,
the courts with jurisdiction at the registered office of the operating facility carrying out the order, shall have jurisdiction
and venue.
We are also entitled to take legal action at the court having jurisdiction at the registered office or a branch office of the customer.
All legal relationships between us and the customer shall be
exclusively bound by and construed in accordance with thelaws of the Federal Republic of Germany excluding the ruleson the conflict of laws and the United Nations Convention on
the International Sale of Goods (CISG).

7.2

Territorial validity
The above provisions shall apply irrespective of where theProducts delivered by us are used.

3. Use of Products
3.1 Products are designed to be used by professionals and requirea profound knowledge of automotive engineering and motorracing. The use of our Products may be dangerous and it is explicitly prohibited for consumer to use them.
3.2 Buyer undertakes to use the products only in the realm of motor racing and not in general road traffic.
3.3 We assume no responsibility for the admissibility of these
Products in public general road traffic and we strongly advice
against the use of our Products in public general road traffic.
3.4 Should a product be used in public general road traffic, we will
grant no warranty or liability whatsoever for damages/injuries
incurred.
4. Warranty
4.1 These Products are designed for race performance, with reduced durability and stability. The extreme wear in a racing
environment may result in malfunction.
4.2 Our warranty covers only defects that existed at the time of delivery. These defects will at our option be replaced or repaired.
The warranty does not cover defects that occur due to the use
in a motor sport environment.
4.3 Insofar as modified mass products out of serial production or
specially designed products are concerned, we shall not assume any warranty that such products display the features –Edition 03/2016

7.3***