Order Form – ErWin-DVD - Audi

Order form - erWin-DVD (Credit Card)
Please send your order to:
AUDI AG Distributions-Service
arvato logistics services
Fr.-Menzefricke-Str. 16-18
D - 33775 Versmold
Fax: 0049 (0) 5241 / 806 8204
Fields in grey colour require an input.
Customer no.
Company
Name
First Name
Street / P.O. Box
Postcode / City
Country
Version
Telephone
Fax
E-Mail
Card Owner
Credit Card No..
� German
� English
� French
Institute � American Express � Master Card
Valid until
� Visa
I herewith confirm with my signature that the General Terms and Conditions of AUDI AG were
enclosed with this form. I also confirm that I had the opportunity to take note of these terms and
conditions and that I agree with their application.
Signature

The text of these General Terms and Conditions can be downloaded to your computer and/or printed.
General Terms of Business (GTB) for erWin DVD
for consumers and entrepreneurs
Issue date: 16.01.2006
Section 1 Scope of application
AUDI AG (hereinafter referred to as „Audi“) permits manufacturers and private persons to use the DVD set (hereinafter
called „DVD“) exclusively in accordance with the conditions specified below. This shall also apply if conflicting
terms and conditions of purchase have been specified by the purchaser. Audi does not recognise such conditions
and rejects them. On the part of Audi, only the head of department I/VK-33 shall be entitled to conclude deviating
agreements.
The General Terms of Business provided at the time of the order shall apply.
Section 2 Subject of the contract
The erWIN DVD shall initially contain 3 DVDs. The number of DVDs may rise in the future if there is an increase in
data quantity. The DVD shall contain several languages. These shall contain electronic service information (repair
manuals, circuit diagrams, servicing in the strictest sense, bodywork repairs, emissions testing, self-study
programs and mail articles) (hereinafter service information) for Audi vehicles in encoded form. The DVD shall be
updated once every quarter (four times a year). The updates shall be sent to the purchaser. The update shall be
sent at the end of each quarter to replace the previous one. The previous update shall no longer be functional at
the end of a quarter. The table of contents shall be freely accessible on the DVD. Various pieces of service
information can be selected and ordered via the table of contents. The table of contents for the various pieces of
service information shall also be freely accessible on all DVDs. They can only be viewed in full and used for other
purposes if they have been enabled individually. They are enabled (for a fee) for a total of one year on a quarterly
basis. The user shall receive an up-to-date enabling code for this purpose. At the end of a year, it shall no longer
be possible to view service information which was enabled by means of an enabling code.
Section 3 Enabling
Due to a technical protection mechanism for the service information, enabling only allows limited use of the
information encoded on the DVD. Sidestepping or manipulating the enabling mechanism is forbidden.
The DVD generates an enabling request. The purchaser shall send this request to the order centre. In response to
this enabling request, an individual enabling code shall be calculated for the purchaser and the computer which
generated the request. This code shall only allow use of the required documents on the computer which generated
the request. When payment of the fee has been effected, the code shall be sent to the purchaser by letter, fax,
floppy disc or e-mail.
Section 4 Conclusion of the contract
The product is offered by AUDI AG on a non-binding basis. Orders can only be placed by fax. It materialises when
the purchaser receives confirmation of the order. The order confirmation shall be deemed to have been received if
the purchaser to whom it was sent could have received it under normal circumstances.
Service information can be requested by letter, fax or e-mail. Special licence agreements are established when
enabling codes are sent to the purchaser and he enables service information.

Section 5 Remuneration
The user shall receive the DVD free of charge. The purchase shall pay a one-off portion of the shipment/transport
costs to the tune of 16.40 (net) in respect of delivery. The current prices listed in the price list on the DVD shall
apply to enabling the various pieces of electronic service information. The prices in the price list are net prices
and do not include statutory VAT.
Remuneration shall fall due as soon as an order has been placed. Payment can be effected by credit card or direct
debit. The latter option shall not be available for deliveries outside Germany. Audi must be informed of changes to
the credit card without delay.
Audi reserves the right to delay delivery until payment has been received.
The purchaser must pay customs duties, any foreign taxes and other charges.
Section 6 Guarantee
The purchaser is aware that the DVD has the following system requirements: Operating system: Windows 95 or
higher; Intel Pentium processor (minimum 266 MHz); 32 MB RAM; DVD drive; min. 19-inch monitor (recommended).
Should defects be detected, the purchaser shall have a statutory claim. Prior to asserting any possible claim for
compensation, the purchaser shall grant AUDI AG the opportunity to make good any defects within an appropriate
period.
Statutory limitation periods shall apply.
Section 7 Liability
The following regulations on the liability of Audi shall apply for all compensation claims and liability claims,
irrespective of the legal ground on which they are based, except for:
• Claims on the part of the purchaser due to damages resulting from injury to life, physical
wellbeing and health,
• Rights and claims on the part of the purchaser arising from the fraudulent concealment of a
defect by Audi or due to the absence of a property guaranteed by Audi,
• Claims and rights on the part of the purchaser which are based on the intentional or grossly
negligent behaviour of Audi itself, its statutory representatives or vicarious agents as well as
• Claims on the part of the purchaser filed under the Produkthaftungsgesetz (German Product
Liability Act).
The above exceptions shall be subject to statutory regulations.
In the case of damage resulting from negligence, Audi shall be liable only for the infringement of essential
obligations (cardinal obligations) and this liability shall then be limited solely to compensation for typical damage
foreseeable by Audi upon conclusion of the contract. Further liability on the part of Audi for damage resulting
from minor or gross negligence shall be excluded.
Insofar as Audi is liable in accordance with the regulations in subsection (2) above, this liability shall be limited to
EUR 20,000 per damage event. Should there be a risk of damage greater than this, the purchaser shall inform Audi
of this in good time so that the parties to the contract may change this restriction and Audi can insure against
such damage at its own discretion.
Audi’s no-fault liability in the area of landlord and tenant law and similar user relationships for faults already in
existence at conclusion of the contract shall be expressly excluded.
Statutory limitation periods shall apply.

Section 8 Rights of usage
The purchaser shall have to right to install the DVD on a computer for his own purposes. The purchaser may also
use the enabling codes which he has acquired to decode (in accordance with regulations) the information for
which he has paid. The purchaser shall be entitled to use the decoded information for the time span for which he
has paid. He may use the information as fully as the format will allow.
The rights granted to the purchaser shall not permit him to produce or have produced copies of the DVD, the files
or parts thereof, or to make the DVD (or parts thereof) accessible to third parties via communications networks. He
must refrain from procuring the encoded information through other, unlawful channels.
Section 9 Contractual duration and termination
The usage rights for the service information enabled by means of the enabling code shall be limited to one year.
Either party may terminate the contract at any time for good cause. In particular, Audi shall be entitled to terminate
the contract if the purchaser defaults on payment for an individual enabling or a substantial part thereof on two
successive occasions.
Section 10 Right of withdrawal
Consumers can cancel their DVD order within two weeks without stating the reason by contacting the Audi erWin
Hotline, Rudolf-Diesel-Str. 5, Emsdetten 48282, Germany. When determining whether this time limit has been
complied with or not, it is the date on which the cancellation notice is sent rather than the date on which it is
received that counts. The time limit shall be counted from the day on which the DVD is received.
Should the purchaser assert his right of withdrawal in relation to the DVD, he shall have to bear the costs of
returning the DVD himself if the order is worth less than 40. This shall not apply if the incorrect goods were sent.
The purchaser shall not enjoy the right of withdrawal if he has unsealed the DVD.
The purchaser cannot cancel a code-enabling order if Audi has already sent the code in question to the purchaser.
Section 11 Miscellaneous provisions
The contractual relationship and its associated legal relationships shall be subject to German law. The place of
jurisdiction for all disputes arising in connection with this agreement shall be Ingolstadt, insofar as no other place
of jurisdiction shall be prescribed due to compelling legal regulations. AUDI AG shall also be entitled to file a claim
within the general jurisdiction of the purchaser.
Changes and amendments to these General Terms of Business must be made in writing in order to be valid. This
shall also apply to changes to the requirement to make such changes/amendments in writing. Written form does
not include telecommunication channels such as e-mail or fax. Nor does it include electronic or text form.
Should a provision of this contract be or become invalid, or the contract contain a loophole, the validity of the
remaining provisions shall remain unaffected by this. Agreement shall be reached regarding the replacement of
the invalid provision with a valid clause which most closely reflects the parties’ desired economic purpose; the
same shall apply in the case of a loophole.