Contractual provisions
1. Scope
The General Contractual Provisions (<AVB>) apply to the sale of vehicles as well as accessories (<subject matter of the contract>).
2. Vehicle properties
The information about the vehicle according to the purchase contract applies subject to any changes made by the works.
Design changes. Information in this contract, in brochures, offers, order confirmations etc., especially those concerning weights, measures, consumption figures, operating costs, speeds etc… are to be understood as mere approximations. The guarantee that the used car corresponds to the body index A (accident-free) according to www.vfas.ch, as well as was not used for commercial passenger transport or rented out, is not granted by Auto Kunz AG, unless this is noted in writing on the contract. In the case of imported vehicles, model/equipment and engine variants may differ from the specifications of models imported by the main importer and electronic components such as on-board computers, etc. may not be set in German. Such vehicles usually have a prior day registration abroad even when new.
3. Start of warranty / guarantee
According to the conditions/agreements on the 1st contract page. Insofar as a factory warranty has been agreed, for the
In the case of new cars or vehicles with an ongoing manufacturer’s warranty, the date on which the warranty begins is not the date on which the vehicle was first placed on the market, but the date on which the warranty begins in the manufacturer’s system or the date on which the warranty begins as contractually agreed, if applicable. Auto Kunz AG assumes no liability for the enforcement of warranty claims against the manufacturer or its contractual partners. It can happen that manufacturers or their contractual partners hinder or reject warranty claims. The second hand warranty of Auto Kunz AG is valid for 12 months or 10’000 km (whichever comes first). Only on engine, transmission and rear axle material replacement. Labor costs are not covered.
4. Change of the purchase price
The purchase price is binding for both parties and does not change. The contractually agreed amount applies. There are no corrections to the price, e.g. neither because of price markups or markdowns, nor because of changes in the exchange rate, inflation, deflation, etc.
5. Trade-in vehicle
The purchaser expressly declares that no claims or reservations of title of third parties exist on the trade-in object given in payment; he bears the risk of destruction, damage or reduction in value until the moment of the
Handover of the trade-in object to Auto Kunz AG. The buyer confirms that the trade-in vehicle is guaranteed to comply with body index A according to www.vfas.ch and that the kilometers shown on the odometer correspond to the kilometers actually driven. If after handover of the trade-in vehicle defects appear which were not recognized at the time of handover, Auto Kunz AG can claim compensation for the damage within two years. The buyer is liable for these subsequently discovered damages. If the trade-in vehicle is not delivered, a penalty of 30% of the purchase price, but at least SFr. 1’000.- will be charged.
6. Delivery delay
Delays in delivery up to 150 days are accepted by the buyer. After the expiry of this accepted delay in delivery, the purchaser shall set a period of grace of 60 days in writing after a written reminder. If this period expires without delivery being made, the Buyer may withdraw from the contract without incurring any damages. The withdrawal is only valid if it is declared by registered letter. The buyer expressly waives the assertion of claims arising from delayed delivery of the object of purchase, in particular there is no claim to a replacement vehicle.
7. Default of acceptance or refusal of the buyer
If the buyer is in delay with the takeover of the object of purchase, Auto Kunz AG can a) insist on the fulfillment and demand compensation for damages due to delay or b) immediately declare the waiver of the subsequent delivery and demand 20% of the sales price as a contractual penalty. This sales contract constitutes an acknowledgement of debt on the part of the buyer and hereby eliminates all legal proposals.
8. Retention of title
Until full payment of the price owed, including any interest on arrears and costs, Auto Kunz AG is granted the right to enter a reservation of title within the meaning of Art. 715 ZGB on the vehicle and its accessories in the reservation of title register.
9. Withdrawal of Auto Kunz AG in case of non-contractual payment after delivery
If a possible residual purchase price is not paid according to the contract, Auto Kunz AG can withdraw from the contract. The compensation is calculated as follows:25% of the purchase price for the devaluation of the vehicle for new and used cars, plus 2% of the purchase price per month and 25 centimes per kilometer driven, in each case from delivery of the vehicle.
10. Reservation of consent.
If the above contract is not concluded by persons authorized to sign on behalf of Auto Kunz AG, the latter may declare in writing within 20 days that it is not bound by the contract; it shall not owe any compensation in this respect. Only employees registered in the publicly accessible commercial register shall be deemed authorized signatories for the purposes of this reservation of consent.
11. Right of withdrawal of Auto Kunz AG after expiry of the reservation of consent
If Auto Kunz AG cannot deliver the vehicle after the expiry of the reservation of consent through no fault of the supplier or manufacturer, Auto Kunz AG will declare this to the buyer in writing. In this case, Auto Kunz AG does not owe any compensation.
12. Free service package provisions
If according to the 1st page of this purchase contract a free service package of Auto Kunz AG is part of the contract, the following provisions apply to it: Duration: 3 years or 30’000 KM, whichever comes first, starting from the warranty start date. Service scope according to manufacturer’s instructions. The Auto Kunz AG takes over the work, – as well as material costs. All liquids as well as wear material are excluded. Additional work and other work will be invoiced separately. The intervals must be kept according to the service manual. The acceptance tolerance is 1 month/1000km All work may only be performed by Auto Kunz AG or separately mentioned service partners. Not cumulative with other promotions or vouchers.
13. Data protection
The processing of personal data is carried out in accordance with data protection legislation. Personal data is stored and processed exclusively for the individual support of the Buyer, the sending of product information or the submission of service offers. For detailed explanations on the use of personal data by the Seller, please refer to the Privacy Policy (an integral part of these GCS). It is published on the Seller’s website.
14. Consent to insurance comparison:
The necessary vehicle and buyer data are forwarded to our cooperation partner CARWARE AG. Immediately, the buyer receives an e-mail from CARWARE to specify his desired insurance coverage. This data will be forwarded exclusively to the insurance companies (Allianz, AXA, Dextra, ELVIA, Generali). The buyer receives the non-binding and free insurance quotes via e-mail directly from the insurance companies.
15. Fees and taxes of vehicle registration
The fees and taxes of the vehicle registration are charged separately by the responsible authorities and are to be borne by the buyer. Auto Kunz AG is not jointly and severally liable for this.
16. Written form.
The parties agree that this contract and all its possible amendments and supplements must be in writing.
Only documents signed by authorized signatories according to the commercial register extract of Auto Kunz AG are legally valid. Written forms such as digital social media and similar are not legally valid.
17. Jurisdiction.
The place of jurisdiction for the assessment of all disputes arising from this contract and subsequent business relations is the domicile of Auto Kunz AG. The buyer expressly declares that he submits to the jurisdiction agreed here, waiving his ordinary place of residence.
Place: Wohlen AG Date: __________________
The buyer declares to have read and understood all the terms of the contract and agrees with them.
Auto Kunz AG: The buyer: