1. Vehicle features
The information about the vehicle according to the purchase contract is subject to possible design changes by the manufacturer. All data on weights, dimensions, consumption values, operating costs, speeds, and similar are approximate. ABAG reserves the right to make changes to chassis, vehicles, etc., without being obliged to apply these to already ordered vehicles.
Please note that ABAG is entitled to deliver the latest version of the vehicle.
2. Conditions of statutory warranty & liability
Any statutory warranty/liability for defects is excluded. When buying a new car, claims are limited to the manufacturer's factory-guaranteed services. Any vehicle warranty for used cars must be agreed upon in writing. Neither new nor used car purchases entitle the buyer to rescission, reduction, or replacement in case of damage.
3. Trade-in vehicle
The buyer assures that the trade-in vehicle is free from claims or ownership reservations by third parties and that they have unrestricted rights to hand it over to Auto Bonau AG. Any outstanding financing or leasing contracts related to the trade-in vehicle must be settled before handing it over to Auto Bonau AG.
The buyer is responsible for all obligations and costs related to the trade-in vehicle until it is handed over to Auto Bonau AG. Auto Bonau AG reserves the right to inspect the trade-in vehicle’s condition and functionality and to assess its value accordingly. Any deviations from the agreed value may affect the final purchase price.
4. Test drives
Before a test drive, the customer must present a valid driver's license. During the test drive, the customer must strictly adhere to all applicable traffic regulations. Any fines or penalties incurred due to violations during the test drive are the customer's responsibility.
In case of damage during the test drive, the customer is covered by the ABAG comprehensive insurance. However, the customer bears a deductible of CHF 1,000.– for each damage case.
5. Delay in acceptance
If the buyer is in default of taking delivery of the purchase item after a written reminder, ABAG may, after a written eight-day grace period, a) insist on fulfillment and claim damages for delay or b) immediately waive subsequent performance in writing and demand 15% of the sale price as a contractual penalty.
If the damage incurred exceeds the amount of the contractual penalty, ABAG is entitled to claim the excess amount, even if the buyer is not at fault.
6. Delivery Time and Delay
The stated delivery time is only an estimate and does not constitute a binding commitment. In case of delivery delays, ABAG assumes no liability for any damages or losses incurred by the buyer due to late handover.
If the vehicle handover is delayed by more than 4 weeks beyond the agreed delivery time, the buyer is entitled to withdraw from the contract without additional costs.
7. Retention of Title
Ownership of the vehicle as well as all its components and accessories remains reserved in favor of ABAG until full payment of the purchase price including default interest and costs according to ZGB Art. 715. The buyer is not entitled to sell, pledge, or rent the vehicle before full payment, unless explicit consent from ABAG is given.
In case of seizure, retention, or arrest of the vehicle, the buyer is obliged to refer to the retention of title and notify ABAG. ABAG is entitled to register the retention of title in the retention of title register.
8. Withdrawal
If any remaining payment of the purchase price is not made as agreed, ABAG may, after written notice and an 8-day grace period, withdraw from the contract in writing and claim a reasonable amount for rental and wear of the vehicle. Compensation is calculated according to the specified criteria.
9. Insurance of the Purchase Object in Case of Credit Financing
If no comprehensive insurance has been taken out by ABAG, the buyer must insure the purchase object against accident, damage, fire, and theft as long as the purchase price has not been fully paid. The buyer assigns to ABAG all claims against the insurer up to the amount of the then outstanding balance under this contract. The buyer undertakes to prove the conclusion of the insurance to ABAG at any time by presenting the policy.
10. Right of Withdrawal of ABAG
If the contract is not concluded by authorized signatories of ABAG, ABAG may declare in writing within 8 days that it is not bound by the contract without owing any compensation.
11. Liability
ABAG is liable within the scope of legal provisions only for intent or gross negligence. Liability for loss of money or valuables of any kind in the vehicle is excluded.
Customer-initiated individual modifications to the vehicle, especially those intended to improve performance or driving characteristics or alter the vehicle’s appearance, may affect or void the factory warranty and/or impact vehicle quality or cause damage.
Therefore, any liability for damages such as warranty impairments resulting from the desired tuning work is fully excluded.
12. Data Protection
ABAG commits to treating the customer’s personal data confidentially according to applicable data protection laws and using it only for contract processing purposes. Personal data will not be shared with third parties unless required to fulfill the contract or by law. The customer agrees that their data may be electronically stored and processed for contract purposes.
ABAG takes appropriate technical and organizational measures to ensure data security and prevent unauthorized access or misuse. The customer has the right to access stored data and, if necessary, request correction, deletion, or blocking of their data. Further information on handling personal data can be found in the Privacy statement of ABAG.
13. Beneficial Owner
The beneficial owner of the purchase contract must match the customer (buyer). If the beneficial owner is a different person or organization, this must be fully and transparently declared to ABAG in writing before contract conclusion. ABAG reserves the right to withdraw from the contract or request additional identification documents if information is missing or incorrect.
14. Equipment / Vehicle Details
The relevant vehicle equipment is determined solely by the manufacturer’s specifications based on the chassis number (VIN).
Information in ads, on online platforms, or other publications serve only as general information and are non-binding. Deviations regarding equipment, options, or details are expressly reserved and do not entitle to price reductions or contract cancellation.
15. Vehicle Documents / Duty to Cooperate
The buyer commits to providing ABAG with a copy (photo or scan) of the valid vehicle registration showing the actual end customer after the vehicle has been registered, without being asked.
This obligation serves in particular to fulfill legal and administrative requirements related to imports, CO₂ certificates, and other official verifications.
If the buyer does not fulfill this obligation, ABAG reserves the right to withhold further documents or charge corresponding expenses.
16. Jurisdiction
The place of jurisdiction for all disputes arising from this contract is the domicile of ABAG. The buyer expressly submits to this jurisdiction, waiving their ordinary place of residence jurisdiction.