Terms and Conditions — General Contract Terms

These are the Terms and Con­di­tions of Autoshow Aathal AG:

Manufacturer’s Warranty

If the pur­chased vehi­cle has a man­u­fac­tur­er’s war­ran­ty at the time of pur­chase, the cus­tomer may claim this war­ran­ty from the man­u­fac­tur­er. The man­u­fac­tur­er’s war­ran­ty is sub­ject to the man­u­fac­tur­er’s terms. All war­ran­ty claims for defects and legal war­ran­ty claims against AAA are waived. Except for dam­age caused inten­tion­al­ly or through gross neg­li­gence, any lia­bil­i­ty of AAA, includ­ing lia­bil­i­ty for aux­il­iary per­sons (Art. 101 OR), is exclud­ed. The cus­tomer is advised that car­ry­ing out ser­vice work accord­ing to the ser­vice book is a pre­req­ui­site for claim­ing the man­u­fac­tur­er’s war­ran­ty.

General

1. Addi­tion­al assur­ances or agree­ments sup­ple­ment­ing this con­tract are only valid if con­firmed in writ­ing by AAA.
2. The pur­chased vehi­cle remains the prop­er­ty of AAA until the pur­chase price has been paid in full. Ben­e­fits and risks trans­fer to the cus­tomer upon con­clu­sion of the pur­chase con­tract.
3. The cus­tomer is oblig­at­ed to con­tin­ue main­tain­ing and car­ing for the vehi­cle giv­en in pay­ment until tak­ing deliv­ery of the pur­chased vehi­cle. Oth­er­wise, AAA is enti­tled to demand a high­er resid­ual pur­chase price than agreed.
4. Com­pli­ance with offi­cial reg­u­la­tions, such as obtain­ing type approval or car­ry­ing out a can­ton­al motor vehi­cle inspec­tion for Swiss reg­is­tra­tion, may lead to deliv­ery delays beyond AAA’s con­trol. If the deliv­ery date agreed on page 1 of the con­tract can­not be met, AAA will be in default at the ear­li­est after eight weeks have elapsed. In this case, the cus­tomer may set AAA a grace peri­od of at least four weeks. Any lia­bil­i­ty of AAA for default is exclud­ed.
5. In the event of any defects in the vehi­cle pur­chased by the cus­tomer, price reduc­tion and rescis­sion are exclud­ed. Off­set­ting coun­ter­claims against the pur­chase price is exclud­ed.
6. If the pur­chased vehi­cle is equipped with a nav­i­ga­tion device, a cor­re­spond­ing data car­ri­er is not part of the equip­ment. Any spare keys avail­able will be sup­plied.
7. Direct­ly import­ed vehi­cles may dif­fer from vehi­cles import­ed by the gen­er­al importer in terms of equip­ment, engine, and man­u­fac­tur­er’s war­ran­ty.
8. By agree­ing to TCS mem­ber­ship, a war­ran­ty exten­sion, or an insur­ance offer, the buy­er con­sents to the for­ward­ing of the nec­es­sary data to the respec­tive ser­vice providers. Inso­far as the pro­cess­ing or ver­i­fi­ca­tion of these third-par­ty ser­vices requires it, the buy­er agrees to AAA receiv­ing the con­tract doc­u­ments pre­pared by these ser­vice providers. AAA does not pro­vide sub­stan­tive advice on the prod­ucts of these ser­vice providers and excludes any lia­bil­i­ty in this regard.
9. In the event of non-per­for­mance or improp­er per­for­mance of this con­tract by the buy­er, a con­trac­tu­al penal­ty of 20% of the pur­chase price for the pur­chased vehi­cle is agreed. How­ev­er, AAA may also demand per­for­mance of the con­tract or claim dam­ages exceed­ing the con­trac­tu­al penal­ty. If the trade-in vehi­cle to be trans­ferred accord­ing to the pur­chase con­tract is not hand­ed over to AAA upon deliv­ery of the pur­chased vehi­cle, a con­trac­tu­al penal­ty of CHF 2,000 is owed. In this case as well, AAA remains enti­tled to demand prop­er per­for­mance of the con­tract or to claim dam­ages exceed­ing the con­trac­tu­al penal­ty.
10. Place of per­for­mance for all oblig­a­tions under this con­tract is Zürich­strasse 47, 8607 Aathal. Place of juris­dic­tion is 8340 Hinwil/ZH.

Payment Terms / Vehicle Delivery

1. You can pick up your pur­chased vehi­cle from us after mak­ing an appoint­ment by phone. Please call your per­son­al cus­tomer advi­sor at least four work­ing days before the sched­uled time and arrange the pick­up appoint­ment with them. Vehi­cle deliv­er­ies (only in the pres­ence of your per­son­al cus­tomer advi­sor) Mon­day to Fri­day 9:00 AM–11:30 AM and 1:30 PM–6:30 PM. With­out an appoint­ment, we can­not make a deliv­ery for tech­ni­cal rea­sons.
2. Once the agreed total pur­chase price, plus any addi­tion­al costs, has been defin­i­tive­ly cred­it­ed to the bank account below, we will car­ry out the nec­es­sary redemp­tion and deliv­ery pro­ce­dures.
3. In the case of a ful­ly or par­tial­ly financed pur­chase (credit/leasing), we will car­ry out the nec­es­sary redemp­tion and deliv­ery pro­ce­dures as soon as your per­son­al down pay­ment, if any, has been defin­i­tive­ly cred­it­ed to our bank account below.
4. Our bank account: Zürcher Kan­ton­al­bank, 8622 Wet­zikon
   IBAN: CH11 0070 0110 0022 8059 2
5. To iden­ti­fy your pay­ment, we need the fol­low­ing infor­ma­tion: your name, your address, and the inter­nal num­ber (see pur­chase con­tract, next to the chas­sis num­ber). Please use our pay­ment slip for pay­ment. All oth­er pay­ment meth­ods will be reject­ed.
6. Please note that four work­ing days may pass between your pay­ment order to the bank or post office and the defin­i­tive cred­it to our bank account. Paper doc­u­ments (such as a copy of a pay­ment order or a postal receipt) will not be accept­ed as proof of pay­ment. If your pay­ment has not yet been defin­i­tive­ly cred­it­ed to our bank account at the time of the planned pick­up appoint­ment, we can­not deliv­er the vehi­cle.