Terms and Conditions
General Terms and Conditions of ah Auto AG
These General Terms and Conditions form the basis of the business terms of ah Auto AG, hereinafter referred to as AH. These General Terms and Conditions take precedence over any differing business terms of the contracting parties.
1. Formation of Contract
1.1. All information in AH’s offers regarding models, prices, and specifications are non-binding guidelines. Prices communicated verbally and prices listed in price lists and catalogs are for informational purposes only and are not binding on AH. Price increases or changes to specifications by the manufacturer or original supplier may be made at any time without prior notice. Price changes due to regulatory intervention that affect the sales price will be charged to the contracting party, without the contracting party being entitled to terminate or cancel the contract on this basis, unless AH decides otherwise in this regard.
1.2. Additions or amendments to a contract become legally binding only after written consent from both AH and the contracting party.
2. Delivery and Withdrawal
2.1. All stated delivery dates are non-binding guidelines.
2.2. Vehicles must be paid for and collected within 7 days of notification of availability to the contracting party. From the time of this notification, the contracting party is liable for loss, damage, theft, disappearance, etc. of the vehicle. From the 8th day onward, the contracting party is obligated to pay a storage fee of CHF 25 per vehicle per day, without prejudice to the right to claim damages. In the event of a change to the delivery date as referred to in Article 2.1, this article remains in full force. The storage fees owed have no effect on the time of transfer of liability to the contracting party.
2.3. The vehicles remain the property of AH and may under no circumstances be alienated or pledged until all (payment) obligations of the contracting party have been fulfilled. The contracting party or the freight forwarder commissioned by them bears all risks associated with the vehicle starting from the time specified in Art. 2.2.
2.4. At the time of delivery or acceptance, the contracting party or the freight forwarder commissioned by them is obligated to inspect the goods. Complaints are only admissible if they are submitted by registered mail within 8 days of acceptance of the goods. After this period expires, no complaints are admissible. Verbal complaints are not valid.
2.5. If the contracting party indicates a wish to withdraw from the contract, this may be done upon payment of 20% of the purchase price, without prejudice to all other demonstrably owed amounts. Withdrawal from the contract occurs, among other things, through non-fulfillment or untimely fulfillment of payment obligations, failure to collect the vehicle on time, or any other conduct by the contracting party from which AH can infer withdrawal from the contract.
3. Liability for Defects
3.1. For used vehicles without warranty (see front page), any warranty is excluded to the extent permitted by law; in particular, price reduction and rescission are excluded. No guarantee is granted.
3.2. If a special guarantee insurance exists for the vehicle, it replaces the warranty for defects according to Section 3.3 below.
3.3. For all other vehicles, the contracting party has, instead of statutory warranty claims (in particular rescission, price reduction, replacement delivery) against AH, the right to rectification of defects according to the following clauses:
a) Any warranty obligation is void if the vehicle has been improperly handled, maintained, cared for, overstressed, modified or rebuilt without authorization, or if the operating instructions have not been followed. Normal wear and tear excludes warranty obligation in any case.
b) The contracting party must report defects to AH immediately upon discovery or have them identified by AH. Upon request, they must hand over the vehicle to AH for repair. AH is entitled to have the rectification carried out by a third party.
c) The right to rectification extends to the repair or replacement of defective parts and to the elimination of further damage to the vehicle, insofar as this has been directly caused by the defective parts. Parts replaced during rectification belong to AH.
3.4. The contracting party has no right to replacement delivery in any case.
3.5. Rectification does not extend the warranty obligation in any case.
3.6. Any warranty or guarantee claims against AH in the event of bankruptcy or insolvency of the manufacturer are excluded.
3.7 All further liability claims are excluded, subject to mandatory legal provisions.
4. Trade-In Vehicle
The contracting party declares that there are no claims or retention of title by third parties on the traded-in vehicle. The contracting party bears the risk of loss or depreciation of the trade-in vehicle until its handover.
5. Payment Deadline, Default, Offsetting
5.1. The purchase price must be paid in full, plus any additional amounts, before the vehicles are collected by or on behalf of the contracting party.
5.2. Failure to fulfill payment obligations on time results, without further notice of default, in the calculation of default interest at 1% per current or commenced month, with at least the statutory interest rate applying.
5.3. The contracting party is not entitled to offset amounts owed against any existing claims against AH.
6. Liability
6.1. AH is only liable for damages of any kind caused intentionally or through gross negligence, including damages due to non-delivery, late delivery, or improper delivery.
7. Guarantee
7.1. Vehicles are delivered with the standard factory guarantee (according to legal provisions in the country of origin of the original supplier), unless expressly agreed otherwise and confirmed in writing. In this case, any recourse or other claims by the contracting party against AH are excluded.
7.2. AH expressly excludes any liability in connection with visible or hidden defects. The contracting party directs corresponding claims directly to the manufacturer, general importer, or importer. The contracting party expressly undertakes not to make any corresponding claims against AH.
8. Legal and Extrajudicial Costs
If the contracting party fails to fulfill their obligations under this contract, the contracting party is obligated to bear all legal and extrajudicial costs, with a minimum amount of CHF 5,000 plus VAT.
9. Severability
If any provision of this contract conflicts in whole or in part with applicable law or regulations, that provision shall be deemed not written, without affecting the validity of the remaining provisions or the contract as a whole. In this case, the parties undertake to replace the provision in question with a legally valid provision of the same content.
10. Reservation of Consent
This contract is binding only subject to the consent of AH’s management or executive board. The management or executive board must notify the contracting party in writing of refusal of consent within 10 working days, otherwise the contract is deemed approved. In the event of refusal, liability for damages is excluded.
11. Jurisdiction
Unless otherwise required by mandatory legal provisions, the parties agree to the jurisdiction of the ordinary courts at the registered office or domicile of AH. AH is free to instead invoke the ordinary courts at the registered office or domicile of the buyer.
