General Terms and Conditions
1. General terms and conditions of contract:
The total amount is due upon signing of the purchase contract and must be paid to: Helveticar AG, Buchgrindelstrasse 13, 8620 Wetzikon. Zürcher Kantonalbank, Postfach, 8010 Zurich IBAN: CH10 0070 0114 8030 8172 5 BIC: ZKBKCHZZ80A. If the total amount has not been paid into the account within 5 days, Helveticar AG is entitled to resell the vehicle.
The vehicle will only be handed over after full payment has been made. By signing this contract, the buyer acquires the vehicle listed below – subject to objection by the management within ten working days (date of postmark), as a result of a double sale or difficulties in providing the vehicle and/or because a definitive financing commitment is awaited in the case of full or partial external financing – as seen and driven without guarantee and without any repairs having been carried out. In the event of non-fulfilment or incorrect fulfilment of this contract by the buyer, the latter shall owe the seller a contractual penalty of 20% of the total purchase price. The buyer’s details will be passed on to third parties for the purpose of preparing a free quote for insurance purposes. Special agreements: Any guarantee by the seller is explicitly excluded, any cancellation of the contract or reduction in price or any contestation of the contract due to errors is not applicable. Helveticar AG accepts no liability for any kind of modifications to the vehicle, in particular to exhaust systems and control units. Repairs carried out by third parties will not be reimbursed. Registration of the vehicle (insurance and Road Traffic Licensing Department) is the responsibility of the buyer. An import vehicle with a one-day registration does not match the CH version. Service booklet and operating instructions are delivered in the language of the country of origin and/or parallel and direct country of importation. By signing this sales contract below, the buyer confirms that he/she has read and understood the general contractual provisions, including those on the reverse, and is in full agreement with them.
2. Vehicle characteristics
Internet information: The actual equipment can differ from the published equipment and model, and no guarantee is provided. Measured values and data are to be understood as approximate values. Directly imported vehicles may differ from the vehicles imported by the Swiss general importer in terms of equipment, model designation, engine, manufacturer's guarantee and performance. The buyer should inform him/herself of this.
3. Retention of title
The purchased vehicle remains the property of Helveticar AG until the purchase price has been paid in full, including any interest on arrears and costs. Helveticar AG is entitled to have a retention of title in the sense of Art. 715 ZGB on the vehicle and its accessories entered in the title retention register.
4. Part exchange vehicle
The buyer is obliged to continue to maintain, look after and preserve the value of the vehicle given in part exchange until it is handed over to the seller. Otherwise, the seller is entitled to demand to pay a lower purchase price than previously agreed. In the event of a dispute over the price reduction, an expert from TCS will decide on the actual price reduction. The parties shall bear the costs in equal part.
5. Administration fee
The following services are included in the administration fee:
• Basic cleaning of the vehicle inside and out
• Final inspection of the vehicle
• Introduction to the vehicle upon handover
• Preparation of a free insurance quote by our contractual partners
• Ordering a proof of insurance
• Registering the vehicle at the Road Traffic Licensing Department (costs arising from the Road Traffic Licensing Department are charged separately to the buyer)
• Fitting of additional material such as signs
If the buyer chooses not to pay the administration fee, the above-mentioned services are not provided.
6. Leasing & financing approval
If the request for leasing/financing is not approved within seven days of purchase, the seller is entitled to release the vehicle for resale.
7. Consequences of delay
a) Delay by Helveticar AG
A delay in the delivery of the purchased vehicle by Helveticar AG does not entitle the buyer to cancel the present purchase contract or to claim any damages, such as for loss of earnings, expenses, replacement car, hotel, taxi, etc. If the seller is in default, the buyer is entitled to set in writing a new deadline of at least 60 working days for fulfilment of the contract. If the seller does not fulfil the contract within this period, the buyer can withdraw from the contract by registered letter.
b) Delay by buyer
If, after a written reminder, the buyer is in arrears with the payment of the purchase price of the vehicle, Helveticar AG has the right to choose either to insist on fulfilment of the contract and to demand compensation or to waive the late payment and demand 20% of the purchase price of the vehicle as a contractual penalty, whereby the right to claim further damages is reserved.
8. Place of performance, jurisdiction, and applicable law
The place of performance for all obligations arising from this purchase contract is the business premises of Helveticar AG. The parties agree that Hinwil will be the place of jurisdiction for any disputes arising from this contract, subject to the provisions of the Swiss Code of Civil Procedure. Swiss law shall be exclusively applicable.
Delivery note: The buyer accepts that there is no guarantee of the mileage or of the vehicle not having been in an accident. After a detailed inspection, I declare the vehicle to be in perfect condition and without defects. The vehicle has been acquired in the condition seen at the time of purchase. With the purchase of the vehicle, all warranty obligations on the part of Helveticar AG expire. Furthermore, any guarantee for the accuracy of the mileage as well as for the "accident-free" (unfallfrei) condition of the vehicle is explicitly excluded. The vehicle was handed over in a clean condition. All documents and available keys were handed over.