1. characteristics of the vehicle
We reserve the right to make non-substantial, reasonable changes to the vehicle described in the contract in terms of shape, color or scope of delivery. However, the company is not obliged to deliver a modified version.
2. price changes
The basis of the agreed price of the purchased vehicle is the catalog price valid at the time of conclusion of the contract. If changes occur and there are more than 3 months between the conclusion of the contract and the agreed delivery date, the company is entitled and obliged to change the price in the same proportion as the catalog price has increased or decreased.
3. retention of title
Until full payment of the price owed, including any interest and costs, the vehicle and its accessories remain the property of the company. The latter shall be granted the right to enter a retention of title in the retention of title register.
4. trade-in vehicle
The buyer declares that there are no third party claims or retentions of title to the traded-in vehicle.
5. liability for material defects
5.1 The Buyer may invoke the factory warranty in accordance with the warranty provisions handed over to him. The company grants
Material warranty within the scope and extent of the manufacturer’s factory warranty. If the buyer claims the warranty from the company,
the following provisions apply:
5.2 In lieu of other material warranty claims, the Purchaser shall be entitled to claim against the Company for the removal of defects
(rectification) in accordance with the following clauses:
a) This claim extends to the repair or replacement of the defective parts and to the repair of further damage to the
vehicle, insofar as these were directly caused by the defective parts. Parts replaced during rectification belong to the company.
b) The Purchaser shall notify the Company or have the Company notify the Purchaser of any defects immediately after they have been detected. He has given the company
to hand over the vehicle for repair upon request. The Company is entitled to have the rectification carried out by a third party without being released from its warranty obligation.
c) Any warranty obligation is void if the vehicle has been improperly handled, maintained, serviced, overused, modified or converted without authorization, or if the operating instructions have not been followed. Natural wear and tear excludes the warranty obligation in any case.
5.3 The Company shall have the option to deliver a vehicle in conformity with the contract within a reasonable period of time instead of rectifying the defect.
5.4 If a significant defect cannot be remedied despite repeated rectification, the Buyer shall be entitled to demand a reduction of the
purchase price or to demand the cancellation of the contract. The purchaser shall not be entitled to a replacement delivery in any case. At
If the contract is rescinded, the kilometers driven are to be compensated and any purchase price already paid is to bear interest (interest rate 1% above the interest rate for variable mortgages of the Cantonal Bank).
5.5 Rectification shall not extend the warranty period – except for replaced parts.
5.6 All further liability claims are excluded – subject to irrevocable statutory provisions.
5.7 In the event of sale of the vehicle, the warranty claim shall pass to the purchaser until the expiry of the warranty period, insofar as it is assignable.
6. delay
6.1 Default of the Company. The legal consequences of default can be asserted by the purchaser in the case of delayed delivery after a written reminder has been sent and only after the unused expiration of a written grace period of 30 days. Excluded is the assertion of damages that are not the fault of the company, in particular damages due to delayed delivery by the manufacturer or importer, strikes, and the like.
6.2 Default of the Buyer. If the buyer is in default with the takeover of the vehicle after a written reminder has been issued, the company shall set a grace period of 30 days in writing. After their unused expiration it can:
a) insist on performance and claim damages or
b) waive the subsequent performance and claim 15% of the price of the purchased vehicle as compensation for damages, whereby the monetary end-
the possibility of further damage is not excluded, or
c) withdraw from the contract. The same rights are entitled to the company if the buyer after a written reminder with the payment
of the purchase price or of a part exceeding one half thereof and the Company has unsuccessfully granted him in writing a grace period of
30 days has been scheduled. The interest to be paid by the buyer in case of default or deferral is 1% above the interest rate for variable mortgages of the Cantonal Bank. If the Company exercises its right of withdrawal after the vehicle has been placed on the market, the compensation shall be calculated as follows: 15% of the purchase price for the devaluation of the vehicle as a result of placing it on the market plus 1% of the price for each completed month from acceptance of the vehicle as well as 15 centimes per kilometer driven. The Purchaser shall be entitled to prove that the damage was considerably less; conversely, the Company shall also be entitled to prove and claim considerably greater damage.
7. risk assumption
The Company shall bear the risk of loss or depreciation of the purchased vehicle until its delivery. If the buyer is in default with the acceptance of the purchased vehicle, the risk is transferred to him. The buyer bears the risk of loss or depreciation of the trade-in vehicle until it is handed over. If the Company is in default with the acceptance of the purchased vehicle and the grace period set in writing has expired without being used, the risk shall pass to the Company.
8. reservation of consent
This contract is binding only subject to the approval of the management or management of the company. The consent shall be deemed to have been given if the management does not declare to the Purchaser in writing within 5 days that it refuses the same. In the event of refusal – subject to mandatory statutory provisions – liability for damages is excluded.
9. customer data
The buyer/customer agrees that his personal data will be processed for the purpose of contract execution, customer care and marketing purposes (statistics, sending brochures and offers, optimized service quality to meet the different and individual needs of existing and potential customers). He also agrees that his personal data may be disclosed for the aforementioned purposes to importers/manufacturers whose registered offices are located abroad, among others.
10. place of jurisdiction
For any disputes arising from this contract, the parties agree on the jurisdiction of the ordinary courts at the registered office or at the place of business. Residence of the company.
The company is free to choose instead to have recourse to the ordinary courts at its registered office or place of business. residence of the buyer to call.
Place/Date: Freienbach, March 21, 2023
For the company: For the buyer:The buyer also declares with his signature that he has read and taken note of the general terms and conditions of the contract.
