Terms and Conditions for
the Purchase of Used Vehicles
Scope of Application
The contract is concluded by the company AK Automobile GmbH, Rütlistrasse 21, CH-8307 Effretikon, Switzerland (buyer), only under the following conditions, which are considered an integral part of the contract. Any conflicting general terms and conditions of the contractual partner are expressly rejected. These terms and conditions apply to all current and future business relationships, both with private individuals and legal entities in the legal sense.
I. Conclusion of Contract / Transfer of Rights and Obligations of the Buyer
The purchase contract is concluded when the seller confirms the purchase in writing.
However, the seller is obliged to inform the buyer immediately if they do not accept the purchase.
Transfers of rights and obligations of the buyer from the purchase contract require the written consent of the seller.
II. Payment
The purchase price is due upon delivery of the vehicle and invoicing. If payment via bank transfer or in cash has been agreed, the payment is due immediately after the conclusion of the contract, unless a later delivery date has been arranged.
Until full payment of the owed amount, the vehicle and its accessories remain the property of the seller.
III. Delivery and Delay in Delivery
Delivery dates and deadlines, whether binding or non-binding, must be noted at the time the purchase contract is concluded.
IV. Acceptance
The seller is obligated to deliver the vehicle to the buyer within the agreed timeframe as stated in the purchase contract.
If the buyer claims damages, these are set at 10% of the purchase price if the vehicle is not delivered as agreed.
If the vehicle is delivered after a few days and has a defect, the seller must be held liable.
V. Retention of Title
The vehicle remains the property of the seller until the agreed delivery date and full payment by the buyer.
If the seller is a legal entity under public law, a public-law special fund, or an entrepreneur acting in the exercise of their commercial or self-employed professional activity at the time of the contract conclusion, the retention of title also applies to claims of the buyer against the seller from the ongoing business relationship until all claims related to the purchase have been settled.
Should the prospective seller register the vehicle at the road traffic office without a written contract and without settling all costs, AK Automobile GmbH reserves the right to claim damages amounting to 10% of the purchase price if the agreements stated in the contract are not fulfilled.
VI. Jurisdiction
For all current and future disputes, the exclusive place of jurisdiction is the registered office of the buyer. The legal relationship is subject to Swiss law.
The same jurisdiction applies if the seller has no general place of jurisdiction within Switzerland, relocates their residence or habitual residence abroad after conclusion of the contract, or if their residence or habitual residence is unknown at the time the legal action is brought. The place of jurisdiction is determined by the buyer.
Effective as of: 01.01.2025
