AGB Occasion

1. Retention of title

Until full payment of the price owed, including any interest on arrears and costs, the vehicle and its accessories remain the property of the customer. Property of the company. The latter shall be granted the right to enter the retention of title in the retention of title register.

2. Trade-in vehicle

The buyer declares that there are no third party claims or retentions of title to the traded-in vehicle.

3. Liability for material defects

3.1 Types:
A. If a special warranty insurance exists for the vehicle, it shall take the place of the material warranty pursuant to sec. B. here after and replaces them. Warranty insurance yes O no O Policy no. Insurer B. For all other vehicles, the Company warrants that they will be free from defects for the duration of any ongoing warranty within the framework and scope of the relevant warranty provisions and/or in accordance with a separate warranty document which is forms an integral part of this contract. The assertion of the warranty is governed by the following provisions:
1. In lieu of any other material warranty claims, the purchaser shall be entitled to claim from the company the rectification 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 elimination of further damage on the vehicle, insofar as these have been directly caused by the defective parts. Parts replaced during rectification of defects include of the company.
b) The Purchaser shall notify the Company of any defects immediately after their discovery or have them discovered by the Company. He has given the
Company to hand over the vehicle for repair upon request. The company shall be entitled to have the rectification carried out by a third parties without being released from its warranty obligation.
c) Any warranty obligation is void if the vehicle is improperly handled, maintained, cared for, overused,
modified or converted without authorization, or if the operating instructions have not been followed. Natural wear and tear closes the warranty obligation in any case.
2. 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.
In case of cancellation of the contract, the driven km are to be compensated and any purchase price already paid is to be refunded.
interest (interest rate 1% above the interest rate for variable mortgages of the Cantonal Bank).
3. Rework does not extend the warranty period – except for replaced parts.
4. In the event of sale of the vehicle, the warranty claim shall pass to the purchaser until expiry of the warranty period, insofar as it can be assigned. transferred to the purchaser.
3.2 All further liability claims are excluded – subject to invariable regulations.

4. Delay

4.1 Delay of the company. The legal consequences of default can be claimed by the purchaser in the event of default in delivery after a written reminder has been issued and only after be asserted after the expiry of a written grace period of 30 days. The assertion of claims for damages is excluded, which were not the fault of the company.
4.2 Default of the buyer. If the purchaser is in default with the takeover of the vehicle after a written reminder has been issued, the company shall to 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 assertion of further damages 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 half thereof and the Company has unsuccessfully granted him a grace period in writing of 30 days. 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 put back into circulation, the Calculate damages as follows:

For each day from acceptance of the vehicle Fr. plus Rp. per km driven. The buyer has the right to prove the damage was considerably less; conversely, the company is also entitled to prove and claim considerably greater damage. and to assert a claim.

5. Assumption of risk

5.1 The company bears the risk of loss or depreciation of the purchased vehicle until its delivery. Is the buyer familiar with the
acceptance of the purchased vehicle in default, the risk passes to him.
5.2 The buyer bears the risk of loss or depreciation of the trade-in vehicle until it is handed over. Is the company with the acceptance of the purchased vehicle is in default and the grace period set in writing has expired without being used, the risk shall pass to them.

6. Consent reservation

This contract is binding only subject to the approval of the management or management of the company. The consent shall be deemed The delivery is carried out if the management does not declare in writing to the buyer within 5 days that it refuses the same. In the case of the refusal – subject to mandatory statutory provisions – a liability for damages is excluded.

7. Customer data

The buyer/customer agrees that his personal data may be used for the purpose of contract processing, customer service and for marketing purposes (statistics, sending brochures and offers, optimized service quality to meet the different and individual needs of our customers). of existing and potential customers) are processed. He also agrees that his personal data may be used to the aforementioned purposes may also be passed on to importers/manufacturers who have their registered office abroad, among others.

8. 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:By signing the contract, the purchaser declares that he has read and understood the general and to have taken note of them.