General terms and conditions

The buyer acknowledges that with used cars the vehicle is subject to ageing depending on time and use. This ageing and wear were taken into account in setting the price in accordance with the condition of the vehicle and the market situation. The price was freely agreed between the parties according to market value, without direct reference to the Eurotax value of the vehicle.

If the present contract is not concluded by a person authorised to sign for the selling company, the latter may declare in writing within 8 days that it is not bound by the contract; in doing so it owes no compensation whatsoever.

The buyer expressly declares that there are no claims or reservations of title of third parties on the trade-in object given in part payment. The buyer bears the risk of loss, damage or reduction in value until the trade-in vehicle is handed over to the selling company. The buyer is fully liable for the accuracy of the information, in particular that the vehicle given in part payment has covered the (actual) mileage guaranteed overleaf and that the vehicle is free of accidents, cracks and breakage. What is stated here applies accordingly to any further vehicles given in part payment at the same time.

If delivery does not take place on time, the buyer must send a reminder to the selling company by registered letter and set a grace period of 60 days. If this expires unused, the buyer may withdraw from this contract. This withdrawal is valid only if it is declared by registered letter. In this case the buyer expressly waives the assertion of claims arising from late delivery of the object of purchase, provided the delay is due to circumstances for which the selling company is not at fault. Likewise, the buyer waives the assertion of claims if, as a result of the buyer’s withdrawal from the contract, the vehicle is not delivered.

Until the purchase price has been paid in full, including any default interest and costs, the selling company retains title to the vehicle, and to all its components and accessories, in accordance with Swiss Civil Code (ZGB) Art. 715. Until then the buyer may neither sell, pledge nor lend the object of purchase. Renting it out is permitted only with the express consent of the selling company. In the event of any attachment, retention or seizure, the buyer must point out the retention of title and must also notify the selling company. The buyer expressly grants the selling company the right to enter the retention of title in the retention of title register. The buyer undertakes, for as long as the retention of title exists, to inform the selling company of any change of residence before the date of the move. The buyer grants the selling company the right to inform any landlord of the buyer’s flat and garage of the existence of this retention of title.

Benefit and risk in the object of purchase pass with the handover of the vehicle to the buyer or with its being put into circulation. From this point in time the buyer bears the risk of damage, loss, theft or any other loss of value of the vehicle, irrespective of the retention of title under No. 5. The buyer’s insurance obligations are governed by No. 11 of this contract.

Unless otherwise agreed in writing in this contract, the buyer takes over the vehicle sold as is, on site, without any guarantee, and after taking it over is fully responsible for the condition of the vehicle. The statutory warranty claims (rescission and reduction of the price) are excluded. The buyer waives all later claims, whatever the reason for which they may arise or whether they already existed at the time of purchase (in particular so-called hidden defects). The buyer also waives compensation for any damage arising in any way from defective delivery. Attention is drawn in particular to the following:

• a car is deemed accident-free only if this has been expressly assured in writing
• the selling company has knowledge only of the 1st registration of a vehicle

The buyer must inspect the vehicle immediately after taking it over. Obvious defects must be notified to the selling company in writing within three working days, hidden defects immediately after their discovery. If timely notice is not given, the vehicle is deemed approved and any claims are forfeited (Swiss Code of Obligations (OR) Art. 201).

If a warranty (factory/manufacturer, dealer or third-party warranty) has been expressly agreed in the contract, the conditions recorded in writing between the parties apply in addition, namely duration, maximum mileage, excess and exclusions. Warranty services are possible only upon presentation of all service and maintenance records. There is no entitlement to a replacement vehicle during warranty work. Warranty services do not extend the warranty period.

If the object of purchase is an enthusiast vehicle or a classic car, the buyer expressly accepts the agreed purchase price and that it does not correspond to the market value. Such cars are also, as a rule, sold for refurbishment.

If no comprehensive (fully comprehensive) insurance has been taken out by the selling company, the buyer must fully insure the object of purchase with a licensed insurance company against the consequences of accident, damage, fire and theft, for as long as the purchase price - including any interest and costs - has not been paid in full. The buyer assigns to the selling company all claims against the insurer, up to the amount of the selling company’s outstanding balance under this contract at that time. The buyer’s direct and joint and several liability for the remaining purchase price balance continues to exist. The buyer undertakes to prove the taking out of the aforementioned insurance to the selling company at any time by presenting the insurance policy, to report any claim within 48 hours, and furthermore assigns to the selling company, up to the amount of the buyer’s remaining purchase price balance at that time, those claims for damages to which the buyer is entitled in the event of an accident against the party causing the damage and that party’s insurer. In this case too, the buyer’s direct and joint and several liability for the remaining purchase price balance continues to exist.

If the buyer, in accordance with the contractual agreements, is in default with taking over the object of purchase or with payment of the purchase price, the selling company may, after an eight-day grace period set by it has expired unused:

• a) insist on performance of the purchase contract and demand damages of CHF 500.– for the delay and the costs and inconvenience caused, or
• b) declare in writing that it waives subsequent performance and demand 18% of the sale price, but at least CHF 1’000.–, as a contractual penalty. If the damage suffered exceeds the amount of the contractual penalty, the selling company is entitled to claim the excess amount, even if the buyer is not at fault.

If any remaining purchase price balance is not settled by the buyer in accordance with the contract, the selling company may, after setting a grace period of eight days and invoking its retention of title, withdraw from the contract in writing and demand an appropriate amount for rent and wear and tear of the object of purchase. Subject to other agreements, the compensation is calculated as follows: 10% of the purchase price for the loss in value of the vehicle as a result of its being put into circulation, plus 5% of the purchase price per month or part thereof from delivery of the object of purchase, as well as 5-10 centimes per kilometre driven from delivery of the object of purchase, depending on the price category.

The present contract constitutes an acknowledgement of debt within the meaning of Swiss Debt Enforcement and Bankruptcy Act (SchKG) Art. 82.

If this contract has been signed by several buyers or joint and several guarantors, each signatory is jointly and severally liable for the obligations entered into under this purchase contract.

The selling company or creditor may, in accordance with Art. 164 ff. OR, assign a claim arising from this contract, or even the contract in its entirety, to a third party without the buyer’s consent.

The contracting parties agree on written form as a requirement for validity for this contract and for all of its amendments and supplements. The place of jurisdiction for the adjudication of all disputes arising from this contractual relationship is primarily the domicile of the selling company or, in the event of an assignment, the domicile of the creditor; secondarily, the buyer’s place of jurisdiction at the place of residence.