General Terms and Conditions

Version: March 2025

1. Vehicle Characteristics

Measurements and data listed in brochures, price lists or elsewhere are to be understood as approximate values only.
 

2. Retention of Title

Until full payment of the purchase price, including any default interest and costs, the vehicle and its accessories remain the property of the seller. Accordingly, the buyer may not dispose of the vehicle and its accessories until the purchase price has been paid in full (i.e., in particular, not sell, give away, pledge, etc.).
The seller is entitled to register a retention of title for the vehicle and its accessories in the retention of title register in accordance with Art. 715 of the Swiss Civil Code (ZGB).
 

3. Trade-In Vehicle

The trade-in vehicle is described in the purchase agreement. The buyer assures that there are no rights or retention of title held by third parties on the trade-in vehicle.
 

4. Brokerage Sale

The principal (defined owner of the vehicle under property law) agrees and grants permission for the vehicle to be sold on their behalf by LTA Group AG. This includes the following services provided by the seller (i.e., LTA Group AG):

• Listing the customer’s vehicle

• Making the vehicle available for inspection

• Payment processing upon sale of the vehicle

• All administrative activities

• Preparation of contract documents

Furthermore, the principal grants power of attorney to conclude a purchase contract with a third party (the vehicle’s buyer) on their behalf.
The principal is to be informed of the sales and contractual terms with the third party by LTA Group AG. A signed purchase contract is legally valid if the principal has given verbal or written consent to the sale.

This service is subject to a fee of 3% of the sale price (up to CHF 75,000), or a minimum of CHF 500.–. Vehicles sold for CHF 100,000 or more are subject to a 2% commission.
 

5. Liability for Defects

1. If the vehicle still has a valid factory warranty, the issuer of the warranty shall provide the services owed under this warranty for the duration and within the scope defined by the warranty terms or certificate, which form an integral part of this contract.
   Claims under such a valid factory warranty must be made according to clauses 5.1.1–5.1.4 below.

5.1.1 Instead of other warranty claims, the buyer is entitled to defect correction (remedy) under the following conditions:
a) This includes repair or replacement of defective parts and rectification of further damage to the vehicle, provided it was directly caused by the defective parts. Replaced parts become the property of the seller.
b) The buyer must notify the seller of defects immediately after discovery or have them verified by the seller. Upon request, the buyer must deliver the vehicle to the seller for repair. The seller may delegate the repair to a third party.
c) Any warranty obligation lapses if the vehicle has been improperly handled, maintained, overused, altered, or modified without authorization, or if the operating instructions have not been followed.
Natural wear and tear is excluded from the warranty in all cases.

5.1.2 If a significant defect cannot be corrected despite repeated attempts, the buyer may demand a reduction in the purchase price or cancel the contract. There is no right to a replacement vehicle.
In case of cancellation, the buyer must compensate the seller at CHF 0.80 per driven kilometer. The seller must reimburse any paid purchase price with interest (interest rate: 1% above UBS’s variable mortgage rate).
The seller also reserves the right to charge CHF 150 per day from the date of delivery to the date of return.

5.1.3 Repairs do not extend the warranty period.

5.1.4 If the vehicle is sold, the warranty claim transfers to the new owner until expiry of the warranty period, insofar as transferable.

1. If the vehicle has a special warranty insurance, this replaces the defect liability under clause 5.1.

Warranty insurance:
☐ Yes ☐ No

1. Otherwise, to the extent permitted by law, all warranties and liability for defects (including the right to rescind or reduce the purchase price) are excluded, and the seller disclaims all liability, including for direct and indirect damages.
    

6. Default

1. Seller's Default
   If the seller is in default, the buyer may only assert legal consequences after having issued a written reminder and granted a grace period in accordance with Art. 107(1) and Art. 108 of the Swiss Code of Obligations (OR), and this period has expired unused.
   The buyer may not claim damages not caused by the seller (especially delays by the manufacturer/importer, strikes, etc.).

2. Buyer's Default
   If, after a written reminder, the buyer delays in accepting the vehicle or paying the purchase price or more than half of it, the seller must set a final deadline under Art. 107(1) and Art. 108 OR. If this period expires unused, the seller may:
   a) Demand performance and compensation for delay;
   b) Waive subsequent performance and demand compensation for non-performance, including 10% of the vehicle price;
   c) Withdraw from the contract and claim damages resulting from the termination.

If the seller withdraws after the vehicle has been handed over, the seller may demand compensation of CHF 400 per day plus CHF 0.70 per kilometer driven from the date of delivery.
 

7. Transfer of Risk

1. The seller bears the risk of loss, damage, or devaluation of the vehicle until handover.
   If the buyer delays acceptance and fails to respond to a written grace period, the risk transfers to the buyer.

2. The buyer bears the risk for the trade-in vehicle until its handover.
    

8. Data Protection

The buyer agrees that their personal data may be processed for contract fulfillment, customer care, and marketing purposes (e.g., statistics, brochures, service optimization tailored to individual customer needs).
The buyer also agrees that their data may be passed on to importers/manufacturers, including those based abroad, exclusively in accordance with Swiss data protection laws. Data will not be passed to unauthorized third parties.
If the buyer does not consent to receiving electronic advertising (e.g., via email), the following box must be checked:

☐ Do not agree
 

9. Consent Requirement

This contract is binding only upon approval by the seller’s management. Approval is deemed granted unless the management declares refusal in writing within 5 days of signature by both parties. In case of refusal, no liability for damages arises, except as required by law.

Policy No. / Insurer:

 

10. Special Agreements
_______________________________
_______________________________
_______________________________
_______________________________
 

11. Applicable Law and Jurisdiction

This contract is subject exclusively to Swiss law, excluding the rules of private international law and the UN Sales Convention.
The courts at the seller’s registered office/residence have exclusive jurisdiction over any disputes arising from or in connection with this contract (including future amendments). The seller may also opt for the buyer’s local court.
If this is a consumer contract under Art. 32 of the Swiss Civil Procedure Code, the jurisdiction rules therein apply.
 

12. Acknowledgment

By signing the attached purchase agreement, the buyer confirms they have read and fully accept these General Terms and Conditions, points 1 to 12.

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