Revonik GmbH’s General Terms and Conditions
§ 1. Scope of the General Terms and Conditions
The following General Terms and Conditions (hereinafter referred to as the „GTC“) set out the legal framework governing all business relationships between Revonik GmbH, with its registered office at Bodelschwinghstr. 27, 50170 Kerpen – Sindorf (hereinafter referred to as „Revonik“), and its customers (hereinafter referred to as „Customer“) are conducted. These terms and conditions apply to all contracts in their currently valid version at the time the contract is concluded.
1.1 Any terms and conditions of the customer that deviate from these General Terms and Conditions shall not apply unless Revonik has expressly agreed to the validity of such terms and conditions in writing.
1.2 Revonik’s Terms and Conditions apply to all services and products offered by Revonik both at its physical business premises and via its website revonik.de and various online platforms.
§ 2 Description of the services
Revonik provides a comprehensive range of services in the areas of diagnostics, repair, maintenance and installation of electronic and mechanical components for passenger and commercial vehicles, as well as vehicles with alternative drive systems. In addition, our range of services includes the repair of various types of electronic circuit boards. Our product portfolio includes the sale of new, reconditioned and used spare parts. The provision of our services is based on specific agreements made with the customer, including customer-specific modifications to vehicle electronics and adjustments to hardware and software. The exact scope and specific details of the services to be provided are set out in the relevant service description and may be clarified by additional agreements between Revonik GmbH and the customer. The consideration of special customer requests or specific service requirements requires an express agreement.
2.1 If requested by the customer, Revonik may carry out the dismantling and reassembly of the components requiring repair or maintenance, or have this work carried out by qualified partner workshops. A fee will be charged for this service, based on the amount of work involved
2.2 For components sent in for repair, the customer is responsible for their removal and refitting. Revonik expressly points out that, in such cases, it will not cover the costs of removal and refitting. This also applies in the event of a warranty claim. Similarly, Revonik will not cover any costs for the provision of a replacement vehicle or for loss of use.
2.3 Should Revonik be commissioned to repair damage caused by third parties, Revonik reserves the right to charge a separate fee for any additional work required. Before such additional work is carried out, an explicit instruction from the customer is required. In such cases, Revonik will provide a detailed breakdown of the estimated costs prior to commencing the additional work and will seek the customer’s approval.
2.4 The place of performance is the registered office in Kerpen-Sindorf.
§ 3 Offer and Conclusion of Contract
3.1 Price adjustments and changes to services:
The pricing of our products and services is subject to change at any time without prior notice. Furthermore, we reserve the right to modify or discontinue any of the services we offer, or parts thereof, at any time without prior notice. All offers made by Revonik are non-binding, and we reserve the right to make price changes, particularly in response to legal requirements.
3.2 Conclusion of the contract:
A binding contract is formed as soon as a customer submits a repair order in writing – whether by email, via the online form on our website or in person – which includes a detailed description of the fault, any available fault codes, vehicle details and the customer’s contact details. The contract is concluded as soon as we receive the repair order from the customer together with the electronic component to be repaired.
3.3 Preliminary assessment:
Once we have received the component and carried out an initial inspection, we will provide the customer with a preliminary estimate of the expected repair time and costs. For standard repairs, as described on our website, we reserve the right to carry out the repair without prior consultation with the customer. The customer will be informed once the repair has been completed.
3.4 Cost estimate and diagnosis:
In order to provide a quotation, diagnose faults or carry out agreed measures, it may be necessary to access the component, assembly or software. This may mean that it is not possible to restore the item to its original condition, and changes in symptoms or different error codes may occur. This is not regarded as a defect or a breach of contract.
3.5 Test procedure:
During the inspection of the component, any obvious faults or those reported by the customer will be checked. Due to the complexity of the vehicle system, a full inspection of all electronic components is not always technically or economically feasible. We reserve the right to terminate the inspection if no fault is found. The inspection fee is payable regardless of the result.
3.6 Procedure to follow in the event of further defects:
If, during the diagnosis, we identify further faults that require repairs costing more than the agreed amount, we will seek the customer’s consent to proceed. Without this consent, the repair may be put on hold or made conditional upon a new order.
3.7 Replacement units where repair is not possible and handling of components:
If a repair is not possible due to specific issues, such as a short circuit, oxidation or a software error, we offer you the option of purchasing a replacement unit. Requesting such a replacement control unit is deemed to constitute acceptance of our offer, on the condition that the defective original component is returned to Revonik. This process typically involves replacing the circuit board, whilst the housing remains with the customer.
Additionally, we would like to point out that Revonik is not obligated to provide the customer with the replaced component – for example, a CPU or similar components – after the repair. These components remain the property of Revonik and are subject to our trade secrets, in particular which components were replaced during a repair. Likewise, the replacement circuit boards or old devices are retained by Revonik and, if necessary, returned to the supplier. These measures serve to ensure our quality standards and guarantee the integrity of our repair processes as well as the confidentiality of the components used.
3.8 Contract amendments and copyright:
Any supplementary agreements or amendments to the contract must be made in writing. All materials provided by us, including illustrations, drawings, calculations and software, are subject to copyright. The disclosure of these materials to third parties requires our express written consent.
Access to third-party tools
As part of our service, Revonik may provide you with access to tools and resources supplied by external third parties. It is important to note that Revonik has no control over these tools and therefore does not monitor, control or influence their operation or availability.
By using our service, you acknowledge and agree that access to such third-party tools is provided „as is“ and „as available“, without any warranties, representations or conditions of any kind being given or implied by Revonik. Furthermore, these tools are provided without any endorsement by Revonik. We accept no responsibility and shall not be liable for any direct or indirect damages arising from the use of or access to the tools provided by third parties.
The use of any tools provided by third parties is entirely at your own risk and discretion. You are fully responsible for familiarising yourself with the terms of use and privacy policies applicable to the tools provided by third-party providers and for ensuring that you agree to them before using the tools.
In addition, Revonik may introduce new services and/or features on the website in the future, including the provision of new tools and resources. These future offerings will also be subject to the general terms and conditions set out here.
Links to third-party providers
Our service may include content, products and services that incorporate external materials from third parties. It is also possible that our website contains links to third-party websites that operate independently of Revonik. We would like to point out that Revonik accepts no responsibility for reviewing or evaluating the content or accuracy of such external websites and, accordingly, accepts no warranty, liability or responsibility for external materials, websites or other third-party products and services.
Revonik accepts no liability for any loss or damage arising from the purchase or use of goods, services, resources or content associated with third-party websites. We strongly advise you to read and understand the terms and conditions and privacy policies of third-party providers carefully before carrying out any transactions. Any complaints, claims, concerns or questions regarding third-party products should be addressed directly to the relevant third-party provider.
3.9 Storage and accessibility of the contract text
Revonik stores the full text of the contract within its internal systems. Both the order confirmation and the General Terms and Conditions (GTC) are sent to the customer by email. Once the order has been fully processed or the contract fulfilled, the detailed order data is no longer accessible via the internet for data security reasons. This measure serves to protect sensitive information and ensure compliance with data protection regulations.
§ 4 Prices and Terms of Payment
4.1 Pricing and basis of calculation
The prices quoted for our services and products are intended solely as a guide. For services for which no fixed prices have been agreed in advance, charges will be calculated on the basis of the current price lists or in accordance with the actual time and effort required to provide the service.
4.2 Diagnostic services subject to a charge
All diagnostic services are subject to a charge, regardless of whether the component can be repaired, whether the customer decides against a repair, or whether the underlying fault cannot be identified. The amount of the inspection fee is determined on the basis of the specific fault symptoms and the associated effort, and amounts to at least €69.00. This fee relates exclusively to the component provided to the customer.
4.3 Costs for removal and installation
The cost of removing and fitting components is based on the time and effort required and starts at a minimum charge of €60.00. Both removal and installation, as well as fault-finding on the vehicle, are charged separately. Fault-finding is charged at an hourly rate of €149.00.
4.4 Obligations in the event that additional repairs are not carried out
If the client refuses to authorise further repairs that exceed the costs originally estimated, they are obliged to pay the costs incurred to date. There is no entitlement to have the device restored to its original condition, unless the client expressly requests this and bears the costs incurred.
4.5 Adjustment of the repair price
Revonik reserves the right to adjust the price for the repair work should additional work, not calculated in advance, become necessary during the course of the repair. In such a case, the client will be informed immediately and will receive a new quotation for the additional services. The client’s consent to this additional work is given by signing and returning the quotation to Revonik. In special cases, consent may also be given by telephone.
4.6 Returns and payment terms
The repaired or replaced component will only be returned upon receipt of payment in advance. Accepted payment methods include cash on delivery and direct bank transfers to the specified company account. Existing Revonik customers are granted the option to settle the invoice within 10 days of the invoice date. All invoice amounts are payable in full without any deductions. Payment by cash or debit card is also accepted at our premises.
4.7 Terms of payment and interest on late payments
The date on which payment is received is decisive for compliance with payment deadlines. In the event of late payment, interest at a rate of 8 percentage points above the relevant base rate shall be payable on transactions not involving a consumer. Revonik reserves the right to claim further damages arising from the delay. Any objections to the invoice must be raised within 10 days of receipt, as they cannot be considered thereafter.
4.8 Credit checks and payment methods
To protect against credit risks, Revonik reserves the right to exclude certain payment methods, to require payment on delivery, or to dispatch goods exclusively against advance payment or on delivery. Customers may only set off claims against Revonik if these have been legally established, are undisputed or have been acknowledged by Revonik. In addition, for business customers, a right of retention shall only apply in respect of counterclaims arising from the same contractual relationship and only if these are undisputed or have been legally established.
4.9 Value Added Tax
All prices quoted include the statutory value added tax.
§ 5 Delivery and Packaging
5.1 Shipping costs and terms
The prices quoted for our services are valid ex our registered office. The client is responsible for the costs of sending the goods to and from us. Within Germany, the standard cost for return postage is €14.90. Postage costs for shipments outside Germany are calculated on a case-by-case basis and communicated to the client. An additional fee of €9.90 is charged for cash-on-delivery shipments. The collection service offered is subject to a charge; fees of €14.90 apply for this service, which will be invoiced separately.
5.2 Liability for damage during transport
Revonik accepts no liability for damage occurring during the transport of goods dispatched by us, particularly if such damage is caused by inadequate packaging on the part of the customer. We strongly recommend that you carefully wrap the component in at least 12 cm of protective material before dispatch. Should it be found that the delivered device was inadequately packaged, we reserve the right to charge the customer €6.90 for the cost of necessary new packaging material and cardboard boxes. Customers are urged to report any transport damage immediately. Failure to report transport damage does not affect the customer’s statutory warranty claims. The primary purpose of such a complaint is to enable Revonik to assert its own claims against the transport company.
5.3 Responsibility for delivery and additional costs
Should the customer refuse to accept the delivered goods or fail to be present on all three delivery attempts by the courier service, thereby preventing the parcel from being delivered, the customer shall be liable for any additional delivery costs incurred as a result of a redelivery.
5.4 Acceptance of shipments requiring payment
Revonik is under no obligation to accept items sent without postage (unpaid items). Should such an item nevertheless be accepted, the client will be invoiced for the costs incurred as a result of its acceptance.
5.5 Storage charges and disposal
If a component is not collected by the client within 14 days of being notified to do so, Revonik reserves the right to charge reasonable storage fees from that point onwards. If the component is not collected within 30 days of the collection request, Revonik shall no longer be obliged to continue storing the component. In such a case, Revonik shall not be liable for damage to or loss of the component resulting from slight negligence. Furthermore, the device will be disposed of at the client’s expense, with the resulting disposal costs being invoiced separately. The client’s financial obligation for repairs already carried out or for the cost assessment remains unaffected by the disposal.
§ 6 Delivery and performance times
6.1 Estimates of repair times
The repair times quoted by Revonik are to be regarded as estimates and are therefore not binding. Typically, a component sent in for repair will be repaired within 2 to 5 working days. However, should unforeseeable events occur that are beyond Revonik’s control – such as natural disasters, operational disruptions or delays in the supply chain – delays may occur, for which we ask for your understanding.
6.2 Compliance with the repair deadline
The agreed repair deadline shall be deemed to have been met if, at the end of the period, the repaired device is ready for collection by the customer or has been prepared for dispatch. This is subject to the customer having fulfilled all necessary obligations to cooperate. Should delays arise due to a lack of cooperation on the part of the customer, the customer shall bear responsibility for the resulting delays in the repair process.
§ 7 Warranty, Acceptance and Exclusion of Warranty Claims
7.1 Warranty claims
Revonik undertakes to provide a warranty for any defects that arise after the completion of our services, either by rectifying the defect or providing a replacement.
7.2 Conditions for warranty claims
Should you, as the client, discover any defects following the repair, the following documents must be provided to Revonik:
A detailed description of the error that persists.
A recent, complete fault log for the vehicle, produced by a specialist workshop following the refitting of the component.
A copy of the invoice for the service provided.
7.3 Rights in the event of failed subsequent performance
If the repair or replacement is unsuccessful, the customer is free to demand a reduction in price or to withdraw from the contract. In the event of withdrawal, the component in question must be returned to Revonik in order to reverse the repair work carried out. The parts replaced in the process shall be removed, and the customer waives the right to have them reinstalled. In this case, a refund of the costs shall be made, less the inspection fee and shipping costs, even if Revonik has definitively refused to carry out rectification.
7.4 Warranty period
Revonik provides a two-year warranty for all repairs and the materials used in them. This warranty applies exclusively to the repair work and the materials used, but not to the vehicle or component as a whole. For replacement units or circuit boards, the warranty period is one year.
7.5 Commencement of the warranty period
The warranty period begins on the date the invoice is issued or on the date the client accepts the component. A component is deemed to have been accepted once it has been collected or taken delivery of and paid for in full. Should Revonik have set the client a reasonable deadline for acceptance following completion and the client refuses to accept the component within this period without giving notice of defects, the component shall also be deemed to have been accepted. For consumers, these legal consequences shall only apply if Revonik has explicitly drawn attention to the significance of their conduct.
7.6 Exclusion of warranty
The warranty shall not apply in the following cases:
Removal or damage to the warranty seals.
Errors or incomplete information provided in the order.
Defects resulting from damage, incorrect connection or improper operation by the client.
Damage caused by mechanical or electromechanical overload, or by chemical or atmospheric factors.
Damage caused by incorrect self-installation.
Damage caused by force majeure.
7.7 Exclusion of wear parts
The warranty also excludes all wear-and-tear parts, such as light bulbs and batteries, as these are expected to wear out in the course of normal use.
§ 8 Liability
8.1 Use of the repaired component
The customer is obliged to use the repaired component in accordance with its specific nature and intended purpose. In doing so, all statutory regulations, as well as the operating instructions, recommendations and guidelines provided by Revonik, must be strictly adhered to. The component must only be installed and removed by suitably qualified personnel.
8.2 Evidence of misuse
Should the client use the component in a manner contrary to the specifications set out in Section 8.1 and hold Revonik liable for any resulting damage, it is the client’s responsibility to prove that the damage is attributable to a defect in the component repaired by Revonik and not to improper use.
8.3 Limitation of Revonik’s liability
Revonik accepts no liability for acts or omissions – whether by Revonik itself, its employees or third parties acting on its behalf – except in cases of wilful misconduct, gross negligence or wilful misconduct. This limitation of liability applies both during the performance of work and outside working hours.
8.4 Limitation of liability to the invoice amount
Where Revonik may be held liable by law for any damage incurred, such liability shall, subject to mandatory statutory provisions, be limited to the amount of the invoice issued for the service or product.
8.5 Exclusion of consequential damages
Revonik does not, as a rule, compensate for any losses resulting from loss of profit, loss of revenue or other indirect losses. This includes operational disruptions, additional costs for alternative transport, or compensation and penalties that the client is required to pay to third parties. Reimbursement shall only be made where mandatory statutory provisions so require.
§ 9 Exclusion of liability for design faults
9.1 Undetectable design faults
Revonik points out that, in rare cases, a vehicle’s electronics may become inoperable not due to a fault, but because of a design flaw on the part of the manufacturer. This type of design flaw cannot be diagnosed, as it does not constitute a deviation from the vehicle’s original factory condition. Consequently, it is not possible to repair such faults, and the rectification of such defects lies outside Revonik’s responsibility.
9.2 Disclaimer regarding manufacturing defects
Revonik shall not be liable for damage attributable to design faults on the part of the manufacturer, including in cases where the equipment is returned to the client following an inspection without any fault having been identified, localised or rectified. Through the continuous analysis and evaluation of information provided by manufacturers, Revonik strives to minimise the occurrence of such cases.
9.3 Future faults and changes in fault patterns
If no fault is detected during an inspection, Revonik cannot guarantee that faults will not occur in the future. Furthermore, it is possible that error codes or the error pattern may change, as the check requires direct access to individual electronic components or software. These changes are part of the diagnostic process and reflect the complex nature of vehicle electronics.
Section 10 Extended Lien
10.1 Contractual lien
Revonik secures a contractual lien on all items that come into Revonik’s possession in connection with an order, based on the claims arising from that order. This lien also extends to claims arising from previous work, deliveries of spare parts and other services rendered, provided these are directly related to the subject matter of the order. The lien shall apply to other claims arising from the business relationship with the client if such claims are undisputed or have been established by a final and binding court decision.
§ 11 Retention of title
11.1 Retention of title
Ownership of the goods delivered remains with Revonik until the invoice has been paid in full. If the customer is a business, Revonik’s retention of title extends to all claims against the customer until all claims arising from the business relationship, including future and conditional claims, have been settled in full, regardless of whether the specific goods have already been paid for.
11.2 Duty to notify in the event of access by third parties
The Customer is obliged to inform Revonik immediately if third parties gain access to the goods subject to retention of title, particularly in the event of enforcement proceedings. This also includes providing the necessary documents to enable Revonik to intervene.
11.3 Resale and assignment by way of security
In the event of the resale or letting of the goods subject to retention of title, the customer must inform third parties in advance of Revonik’s existing rights. In the case of businesses, the claim against the customer is transferred to Revonik as security upon the resale or letting of the goods subject to retention of title. In the event of the processing, alteration or combination of the goods subject to retention of title with other goods, Revonik shall immediately acquire ownership of the newly created item, which shall also be subject to retention of title. Should the value of the securities held by Revonik exceed the claims by more than 20 per cent, Revonik shall be obliged, at the purchaser’s request, to release securities at Revonik’s discretion.
§ 12. Limitation period for the Company’s claims
Notwithstanding section 195 of the German Civil Code (BGB), Revonik’s claims for payment shall become time-barred within five years. The ten-year maximum limitation period pursuant to Section 199(4) of the German Civil Code (BGB) is reduced to five years. The provisions of Section 199 of the German Civil Code (BGB) apply with regard to the commencement of the limitation period.
§ 13 Miscellaneous provisions
13.1 Validity of the contract in the event of partial invalidity
Should any provision of these terms and conditions be or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties shall be obliged to replace the invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the original provision.
13.2 Application of German law
These General Terms and Conditions and all contracts concluded between Revonik and its clients shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the conflict-of-law rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
13.3 Place of performance – Choice of law – Jurisdiction
The place of performance and payment is the company’s registered office.
All business relationships shall be governed exclusively by the laws of the Federal Republic of Germany. The application of international law is hereby expressly excluded.
Regardless of their place of residence or habitual abode, Kerpen is agreed as the place of jurisdiction for all clients in respect of any disputes arising out of or in connection with the contractual relationship. This also applies to persons who are merchants within the meaning of the German Commercial Code, for whom Kerpen is designated as the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The agreement on an exclusive place of jurisdiction does not affect the right to bring an action at the customer’s statutory place of jurisdiction.
13.4 Declaration of consent to use
By agreeing to these terms and conditions, the user bindingly declares that they have reached the minimum age of majority required in their country of residence, or that the necessary consent has been obtained for minor family members to use this website. Revonik reserves the right to refuse to provide its services to any person at any time and without giving reasons.
13.5 Restrictions on website use
Use of this website and its content is permitted solely for lawful purposes. It is prohibited to use the website in any way that contravenes legal provisions, infringes the rights of third parties, or constitutes misuse of the website and its services. Breaches of these terms of use may result in access being terminated.
13.6 Updates to the Terms and Conditions
Revonik reserves the right to update, amend or replace these terms and conditions with new provisions at any time. The current version of the terms and conditions is always available on our website. Continued use of the website following the publication of changes to the terms and conditions shall be deemed to constitute acceptance of those changes.
13.7 Responsibility for reviewing changes
It is the user’s responsibility to check regularly for updates or changes to the terms and conditions. Continued use of Revonik’s services following the publication of changes shall be deemed to constitute acceptance of the updated terms and conditions.
§ 14 User comments, feedback and other submissions
If, at our request or of your own accord, you send us contributions such as competition entries, creative ideas, suggestions, plans or other materials in digital form, via email, post or other means of transmission, you agree that we may use these submissions without restriction and at any time for any purpose. This includes, in particular, the editing, reproduction, publication, distribution and translation of this content, as well as its use in all forms of media. We are under no obligation to treat the submitted contributions as confidential, to provide any remuneration for them or to respond to them.
We reserve the right to monitor, edit or remove content that we consider to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the rights of third parties, such as copyright, trade mark rights, data protection rights, rights of personality or other personal or property rights, or which breach these Terms and Conditions, to monitor, edit or remove. However, we are under no obligation to do so.
You agree that your contributions do not infringe the rights of any third party and do not contain any content that is defamatory, libellous or otherwise unlawful, offensive, hateful or obscene, or that contains harmful software such as computer viruses which could impair the operation of our or other services, websites or applications. You are not permitted to provide a false email address, impersonate another person or mislead us or third parties as to the origin of your contributions. You are solely responsible for the content of your contributions and their accuracy. We accept no responsibility or liability for contributions submitted by you or by third parties.
