General terms and conditions for the purchase of used vehicles

Scope

The contract is concluded by AK Automobile GmbH, Rütlistrasse 21, CH-8307 Effretikon, Switzerland (buyer) only under the following conditions, which are to be viewed as part of the contract.
Any conflicting general terms and conditions of the contractual partner are expressly contradicted.
The terms and conditions apply to all current and future business relationships, both for transactions between AK Automobile GmbH and private individuals as well as with legal entities in the legal sense.

I. Conclusion of contract / transfer of rights and obligations of the buyer

  1. The purchase contract is concluded when the seller confirms the purchase in writing.
    However, the seller is obliged to inform the buyer immediately if he does not accept the purchase.
  2. Transfers of the buyer's rights and obligations from the purchase contract require the seller's written consent.

II. Payment

  1. The purchase price is due upon handover of the vehicle and invoicing.
    If bank transfer or cash payment has been agreed, payment is due immediately after conclusion of the contract,
    unless a later vehicle handover has been agreed.
    The vehicle and its accessories remain the property of the seller until full payment has been made.

III. Delivery and delay in delivery

  1. Delivery dates and delivery periods, whether binding or non-binding, must be recorded when the purchase contract is concluded.
  2. The seller is obliged to hand over the vehicle to the buyer on time in accordance with the purchase contract.
  3. If the buyer demands compensation, this amounts to 10% of the purchase price,
    if the vehicle is not handed over as agreed.
    If damage subsequently occurs due to late delivery, the seller is liable.

IV. Retention of title

  1. The vehicle remains in the possession of the seller until the handover date.
  2. The retention of title also applies to all claims from the ongoing business relationship,
    provided that the seller acts as an entrepreneur or legal entity.
  3. If the vehicle is registered unlawfully without a written contract or full payment,
    AK Automobile GmbH demands compensation of 10% of the purchase price.

V. Place of jurisdiction

  1. The exclusive place of jurisdiction for all disputes is the buyer's registered office.
    Swiss law applies.
  2. The same applies if the seller does not have a general place of jurisdiction in Germany
    or his place of residence is unknown.
    The place of jurisdiction is determined by the buyer.

    As of: January 1, 2025