General
Terms and Conditions
1. SCOPE OF APPLICATION AND ORDER OF PRIORITY
These General Terms and Conditions (hereinafter: "GTC") apply to the conclusion, content, and execution of contracts between RacingFuel Simulators AG, Tödistr. 54, 8810 Horgen, Switzerland (hereinafter "RFAG") and its private or center customers. They regulate the terms and conditions for the acquisition of hardware (especially simulators) and related services (hereinafter collectively: "Products") according to a specific offer submitted by RFAG and form an integral part thereof.
The version of the GTC valid at the time of the offer submitted by RFAG, which is published on the internet at racingfuel-simulators.com and race-sims.com, shall apply.
• Private customers are natural or legal persons who do not use the products commercially, meaning they do not make them available to third parties for (temporary) use against payment.
• Center customers are natural or legal persons who use the products commercially and make them available to third parties for (temporary) use against payment, particularly in centers. In the event of contradictions between the contract (accepted offer from RFAG) and these GTC, the provisions of the contract shall take precedence over the GTC.
2. CONCLUSION OF THE CONTRACT
The contract between RFAG and private customers (both hereinafter: Customer) is concluded as soon as
a) a down payment of at least 50% of the offered purchase price (incl. VAT) has been credited to RFAG (this also counts as acceptance of the offer), and
b) the suspensive condition according to paragraph 2 of this clause is met.
The contract is subject to the suspensive condition that each customer additionally signs the license and software maintenance agreement (hereinafter: License and Maintenance Agreement).
• The licensing provisions of the License and Maintenance Agreement must be accepted by both private and center customers.• For center customers, the acquisition of software maintenance services is mandatory, while the acquisition of hardware maintenance services is optional.The details are defined in the specific License and Maintenance Agreement.
For private customers, both the acquisition of software maintenance services and hardware maintenance services are optional. The details are defined in the specific License and Maintenance Agreement.
3. DUTY OF INSPECTION AND NOTIFICATION OF DEFECTS
The customer is obliged to inspect the products immediately upon receipt and to notify RFAG in writing without delay of any defects or signs of defects, providing a precise description of the defects.
4. WARRANTY / GUARANTEE AND EXCLUSIONS
RFAG guarantees that the products will be delivered in working condition. The 24-month warranty from delivery applies to all components of the simulator developed by RFAG. For all installed third-party components, the warranty information of the respective manufacturer applies. RFAG is not liable for rejected warranty claims from suppliers or third parties.
RFAG assumes no warranty/guarantee for defects and malfunctions for which it is not responsible, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive use, unsuitable operating materials, or extreme environmental influences.
Defects and malfunctions resulting from third-party software updates (e.g., Microsoft updates, etc.) are excluded from warranty coverage. This also includes all changes made by the customer subsequently, either intentionally or negligently, which deviate in content from the RFAG installation at the time of delivery. In such a case, RFAG is not obliged to provide a warranty or offer support services.
RFAG assumes no warranty or guarantee whatsoever for software solutions that deviate from the standard RFAG installation at the express request of the customer, nor for content (vehicles, skins, and tracks) that has not been tested by RFAG.
The customer primarily has the right to repair. RFAG will perform the corresponding work, at its discretion, either at its own premises or at the customer's site, in which case the customer must grant free access. Disassembly, assembly, transport, packaging, travel, and accommodation costs shall be borne by the customer (see Point VII. Hourly Rates). Replaced parts become the property of RFAG. If the defect cannot be remedied, the customer is entitled to compensation for proven direct damages or a price reduction.
5. LIABILITY
RFAG is liable only for intent and gross negligence and for damages demonstrably caused by corresponding fault on the part of RFAG. Any liability for slight negligence is excluded. Liability for consequential damages and loss of profit is excluded.
6. IMPORTERS, DISTRIBUTION PARTNERS AND CUSTOMIZERS
All appointed importers, distribution partners, and customizers who distribute or modify RFAG products undertake to use exclusively the sales and customization procedures approved by RFAG. They are prohibited from modifying or reselling products in a manner that could jeopardize the brand rights, quality, or integrity of the products. Any modifications or customizations not expressly authorized by RFAG are prohibited and may result in legal consequences. Likewise, the import, distribution, and customization of products by unauthorized third parties are prohibited.
7. NO WARRANTY, LIABILITY, OR SUPPORT FOR MODIFIED PRODUCTS AND INSTALLATIONS
RFAG assumes no warranty, liability, or support services within the meaning of these General Terms and Conditions (GTC) for simulators built or customized by importers, distribution partners, or customizers in their respective country or continent – even if they are based on an RFAG chassis or base. Any changes or modifications made after delivery by RFAG are at the sole risk of the respective importer, distribution partner, or customizer. RFAG assumes no responsibility whatsoever for the functionality, quality, safety, or other characteristics of such products, provided they deviate from the conditions set forth in these GTC.
8. REMUNERATION AND PAYMENT TERMS
The remuneration is defined in the contract as well as in the License and Software Maintenance Agreement. The same applies to the payment terms, unless otherwise regulated in Section 2, Paragraph 1, Letter a. The remuneration is understood in Swiss Francs, excluding VAT. Transport costs shall in any case be borne by the customer. Unless otherwise agreed in the contract, or if the corresponding services are not included in a flat rate of the License and Software Maintenance Agreement, the following hourly rates apply:
a) Repairs / Installations / Updates
per working and waiting hour technician: CHF 149, per travel hour: CHF 50
b) Support and Engineering
• Data analysis, programming, consulting, training, and commissioning• Hardware and software troubleshooting per working and waiting hour engineer: CHF 169 per travel hour: CHF 50
c) Surcharges for extraordinary assignments
Outside business hours 50%, Sunday and public holiday surcharge 100%, express surcharge 150%
d) Expenses
Passenger car: CHF 0.80 per km, Delivery van: CHF 1.25 per km, Flight costs: as incurred, Hotel costs: as incurred, Meal costs: as incurred
9. Data Protection
The parties undertake to comply with the provisions of Swiss data protection legislation and, where applicable, the EU GDPR.
10. Final Provisions
1. The right of withdrawal is – to the extent legally permissible – excluded.2. RFAG reserves the right to amend the GTC and other contractual provisions at any time. If the customer continues to use RFAG's products after the new GTC come into force and are communicated, the new GTC shall be deemed accepted.3. Should individual provisions prove to be ineffective or unlawful, these provisions shall be replaced by provisions that are as equivalent as possible in content and economic effect. The same applies in the event of a contractual loophole.4. Swiss law shall apply exclusively. The exclusive place of jurisdiction is Horgen, Switzerland.
Horgen, January 01, 2026
RacingFuel Simulators AG
Tödistrasse 54
8810 Horgen
Switzerland