General Terms and Conditions (GTC) of the garage company H\u00fcsser & Palkoska AG (hereinafter referred to as \u201cGarage Company\u201d) for repairs and services, for the preparation of cost estimates and for the sale and installation of spare parts and accessories.<\/p>\n\n\n\n
1.1<\/strong> These GTC govern the contractual relationship between the garage company and you as the customer for all repair and service work, for related cost estimates and for the sale and\/or installation of spare parts and accessories. 2.1<\/strong> These GTC form an integral part of all contracts between the aforementioned garage and the customer relating to the performance of repairs or services and the sale and\/or installation of spare parts and accessories. They shall apply irrespective of the form (written, oral) and the place (garage business, Internet) of the conclusion of the contract. 3.1<\/strong> The customer must specify the defects to be repaired or the services to be performed on the vehicle as precisely as possible for the attention of the responsible employee of the garage company and agree on the desired completion date. The services to be performed and the agreed date will be recorded in the workshop order and acknowledged by the customer. 4.1<\/strong> At the customer\u2019s request, the garage company shall note in the workshop order the prices and rates plus VAT which are likely to be applied when carrying out the work ordered. If the customer wishes a binding price quotation, a written cost estimate is required; this will list the work and spare parts \/ accessories and indicate the respective price. The garage company shall be bound by this cost estimate for ten days after it has been handed over and may not exceed it by more than 10% without the customer\u2019s prior consent. 5.1<\/strong> If the customer wishes to have his vehicle collected or delivered, this shall be done at his own expense and risk. 6.1<\/strong> In the invoice to the customer, prices or price factors for each technically self-contained work service as well as for spare parts and materials used shall be shown separately. If the order is executed on the basis of a cost estimate, it shall be sufficient to refer to the cost estimate, with only additional work being specifically listed. 7.1<\/strong> The invoice amount is generally due for payment in cash or via EC upon acceptance of the vehicle and handover of the invoice, but at the latest within 14 days after notification of completion and handover or sending of the relevant invoice. 8.1<\/strong> The customer must inspect the vehicle for any defects immediately after taking delivery. Claims for material defects must be notified in writing by the customer to the garage company carrying out the work within seven working days of taking delivery of the vehicle at the latest, and in the case of hidden defects within seven working days of the first appearance of the defect in question. If the customer fails to give notice of defects in due time, the work of the garage shall be deemed to have been approved and any rights in respect of defects shall be forfeited. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the material defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. 9.1<\/strong> The customer shall inspect spare parts and accessories immediately upon delivery and give written notice of any defects within 7 working days. Hidden defects must be reported in writing within 7 working days of their first occurrence. If the customer fails to give notice of defects in due time, all rights to claim for defects shall be forfeited. 10.1<\/strong> The garage company shall only be liable in the event of intentional or grossly negligent damage; liability for slight and medium negligence is therefore excluded \u2013 to the extent permitted by law. The personal liability of the legal representatives, vicarious agents and employees of the garage company for damage caused by them through slight or medium negligence is also excluded. The burden of proof for intent or gross negligence on the part of the garage company or the legal representatives, vicarious agents and employees etc. shall lie with the customer. If the customer provides the garage company with spare parts or consumables with the instruction to use them in the context of service or repair work, this shall be done exclusively at the risk and peril of the customer. Any liability and warranty obligation of the garage company for any defects in these spare parts or consumables and\/or liability for consequential damage are excluded to the extent permitted by law.<\/p>\n\n\n\n 12.1<\/strong> Accessories, spare parts and aggregates shall only become the property of the customer upon full payment of the relevant purchase price plus any interest and costs. The garage company has the right to make corresponding entries in the retention of title register. The customer agrees that his\/her personal data may be processed and used by the garage company, the importer of the vehicle and\/or authorised partners\/service providers for the purpose of contract processing, customer care, customer information and customer surveys (including telephone and other customer satisfaction surveys) as well as for marketing purposes including postal and electronic advertising (e.g. by email). The customer agrees that his\/her data may be forwarded by the garage company to the importer and\/or authorised partner\/service provider accordingly. The data will be used exclusively in accordance with Swiss data protection regulations. In particular, no data will be passed on to unauthorised third parties. If the customer does not agree to receive electronic advertising or surveys with regard to customer satisfaction, etc., the customer must send a written declaration to this effect to the garage company. In connection with the provision of services [and\/or sale of products] to the customer, H\u00fcsser & Palkoska AG may collect, obtain from third parties, store, process, and disclose personal data while always adhering to applicable data protection norms. This also includes the collection of data through video surveillance across the entire premises.<\/p>\n\n\n\n Where legally permitted or when overriding interests on the part of H\u00fcsser & Palkoska AG exist, or when customer consent is given, H\u00fcsser & Palkoska AG may process the collected personal data for the following purposes:<\/p>\n\n\n\n a) To verify prerequisites for contract conclusion; H\u00fcsser & Palkoska AG may engage third parties within and outside the country for data processing. [If the customer avails third-party services from H\u00fcsser & Palkoska AG, the latter is allowed to share customer data necessary for processing with the third party to fulfill contractual obligations towards the customer.]\n\n\n\n When enlisting third parties from within and outside the country by H\u00fcsser & Palkoska AG, these entities are contractually obligated to comply with the necessary measures as per applicable data protection laws. Further information regarding the use of personal data can be found in the Privacy Policy at https:\/\/volvo-baar.ch\/datenschutzerkl\u00e4rung\/<\/a> & https:\/\/volvo-baar.ch\/agbs\/<\/a>.<\/p>\n\n\n\n The invalidity of individual provisions of these GTC shall not result in the invalidity of the GTC as a whole. Any omitted provisions and any gaps shall be filled in such a way 15.1<\/strong> These GTC shall apply in the version valid at the time of the customer\u2019s order. At the request of the contracting parties, the dispute may be arbitrated by the arbitration board of the AGVS and TCS and an out-of-court solution sought. The place of jurisdiction for all disputes arising and thus for all present and future claims is the registered office of the garage company, insofar as no compulsory place of jurisdiction is provided for by law. The same place of jurisdiction shall also apply if the customer\u2019s registered office \/ place of residence is abroad. It is also open to the garage company to take legal action against the customer at their registered office \/ place of residence.<\/p>\n\n\n\n The substantive law of Switzerland shall apply exclusively, to the exclusion of the Vienna Sales Convention or other international agreements.<\/p>\n","protected":false},"excerpt":{"rendered":" General Terms and Conditions (GTC) of the garage company H\u00fcsser & Palkoska AG (hereinafter referred to as \u201cGarage Company\u201d) for repairs and services, for the preparation of cost estimates and for the sale and installation of spare parts and accessories. … Continue reading
1.2<\/strong> In order to improve the readability of these GTC, only the masculine form is used in the following for the sake of simplicity; the feminine form is consequently always included.<\/p>\n\n\n\n2. Inclusion of these GTC<\/h4>\n\n\n\n
2.2<\/strong> The latest version of the GTC of the garage company is posted on its website and\/or is also available in printed form at the reception and\/or at the customer service desk of the garage company for inspection and collection. The GTC are also posted at the customer service desk and can therefore be viewed by the customer at any time.
2.3<\/strong> The inclusion or validity of deviating and\/or supplementary GTC of the customer is excluded, even if the garage has not expressly objected to them.<\/p>\n\n\n\n3. Placing the order<\/h4>\n\n\n\n
3.2<\/strong> If necessary, the vehicle provided by the customer will also be updated free of charge to the current software status without an explicit order from the customer. If costs are incurred in this regard, they must be included in the customer order. As far as technically possible, vehicle data will be temporarily encrypted in this context. Irrespective of this, the garage company assumes and accordingly recommends that the customer backs up data and individual settings in the vehicle in accordance with the operating instructions in order to avoid any loss of data. Consequently, the garage shall not be liable for any such loss of data.
3.3<\/strong> The garage company is authorised, if necessary, to subcontract third-party companies and to carry out test drives with the vehicle provided by the customer.<\/p>\n\n\n\n4. Price quotations \/ cost estimate<\/h4>\n\n\n\n
4.2<\/strong> If it becomes apparent during the execution of service or repair work that additional work or services on the part of the garage company are required which were not to be expected when the vehicle was taken over by the garage company or which were not declared by the customer and which exceed 10% of the total order in terms of cost, the garage company shall obtain the customer\u2019s consent for this work in advance by telephone. The customer shall ensure that a telephone number is available to the garage company on which the customer can be reached during normal business hours. If the garage company cannot reach the customer even after three attempts (with intervals of at least 10 minutes), the garage company will only carry out this work if it is necessary with regard to the road safety of the vehicle. Insofar as the additional work does not exceed 10% of the total order in terms of cost, the garage company may assume the customer\u2019s consent and does not have to obtain the customer\u2019s prior consent.
4.3<\/strong> If an order is placed on the basis of a cost estimate, any costs for the preparation of the cost estimate shall be offset against the order invoice. The garage company is entitled to charge the customer for the costs of preparing the cost estimate if the order in question is not placed.
4.4<\/strong> Otherwise, the prices and rates charged by the garage company according to the separate price list shall apply; if such a list is not available, the customary local prices and rates shall apply.<\/p>\n\n\n\n5. Delivery and acceptance of the vehicle<\/h4>\n\n\n\n
5.2 <\/strong>The customer is obliged to collect the vehicle within three working days of receipt of the notice of completion or handover or transmission of the invoice. In the case of repair work carried out within one working day, this collection period shall be reduced to two working days.
5.3<\/strong> The acceptance of the vehicle by the customer shall take place in the garage unless otherwise agreed. The benefit and risk of the vehicle shall pass to the customer when it is made available for collection (in particular with regard to theft and damage by third parties). If the customer does not collect the vehicle by the agreed time, but at the latest by the close of business on the agreed collection day, the garage company shall be entitled to park the vehicle outside the respective garage company at the customer\u2019s risk and responsibility. In the event of a delay in collection, the garage company may, following a written reminder from the customer, immediately charge a customary storage fee per parking day, insofar as the vehicle remains on the premises of the garage company.<\/p>\n\n\n\n6. Invoice<\/h4>\n\n\n\n
6.2<\/strong> Any correction of the invoice must be requested by the customer no later than two weeks after receipt of the invoice, otherwise the garage may assume that the invoice is correct.
6.3<\/strong> In the event of partial or complete non-payment of the invoice by an insurance company or in the absence of a guarantee or goodwill promise from a supplier\/importer, the customer is obliged, for whatever reason, to settle the amount owed in full and on first demand to the garage company.<\/p>\n\n\n\n7. Payment modalities\/accounting\/default<\/h4>\n\n\n\n
7.2<\/strong> The customer may only offset claims of the garage against his own claims if the customer\u2019s counterclaim is undisputed or if there is a legally binding judgement in this respect; furthermore, the customer\u2019s right of retention is excluded to the extent permitted by law. The garage company is entitled to demand a reasonable advance payment when placing the order.
7.3<\/strong> If the customer is in arrears with his payment, the garage company may demand interest on arrears of 5% after expiry of the payment period of 14 days without an additional reminder. The garage shall also be entitled to charge a processing fee of CHF 20.00 per reminder sent to the customer.
7.4<\/strong> The garage company is entitled to assign the collection of a due debt to a third party. The costs of this third-party service shall be borne by the customer.<\/p>\n\n\n\n8. Warranty for repairs and services<\/h4>\n\n\n\n
8.2<\/strong> If the customer accepts the object of the order despite knowledge of a defect, he shall only be entitled to claims for material defects in this respect if the customer expressly reserves the right to do so at the time of acceptance.
8.3<\/strong> Claims of the customer due to a defective repair or service shall become time-barred 2 years after acceptance of the vehicle.
8.4<\/strong> If there is a material defect that has been reported in due time and that can be attributed to the work or services of the garage company, the customer shall only be entitled to free rectification of the defect. The statutory rights in respect of defects are excluded. If the rectification fails three times, the customer may withdraw from the contract. If the customer has any rectification work carried out by a third party, the warranty claim shall lapse in full and the garage shall not be obliged to pay for any rectification work carried out by a third party. If the customer chooses to withdraw from the contract after failed subsequent fulfilment, he shall not be entitled to any additional claim for damages due to the defect. Replaced spare parts shall become the property of the garage company.<\/p>\n\n\n\n9. Warranty for spare parts and accessories<\/h4>\n\n\n\n
9.2<\/strong> Insofar as the spare parts and accessories have a current manufacturer\u2019s warranty, this shall apply exclusively and the statutory warranty shall be excluded to the extent permitted by law. Insofar as no manufacturer\u2019s warranty exists, the customer\u2019s warranty claims for spare parts and accessories shall expire 2 years after delivery. If a defect occurs within the warranty period\/guarantee period that has been reported in due time, the customer shall only be entitled to exchange the goods free of charge. If the free exchange of the goods is not possible, the customer shall be entitled to a refund of the net purchase price against return of the defective goods.
9.3<\/strong> The liability of the garage for indirect or consequential damages, in particular damages to other vehicle parts, loss of profit, loss of production, liability damages, legal action damages, etc. is excluded to the extent permitted by law.<\/p>\n\n\n\n10. Liability<\/h4>\n\n\n\n
10.2<\/strong> Any liability of the garage company in the event of fraudulent concealment of the defect, from the assumption of a specially agreed guarantee or in accordance with the Product Liability Act remains reserved.
10.3<\/strong> Liability for the loss of money or valuables of any kind in the vehicle, which are not expressly taken into custody by the garage company, is excluded. Accordingly, the customer shall ensure that no such valuables are present in the vehicle provided.
10.4<\/strong> If the vehicle handed over to the garage company is not roadworthy and the customer intends to put it back into operation without restoring its roadworthiness, the garage company is entitled to refuse to hand over the vehicle and\/or to make a corresponding (prior) report to the responsible MFK. Insofar as the garage company hands over the unroadworthy vehicle to the customer at the latter\u2019s request despite being informed of the lack of roadworthiness, the vehicle shall be handed over to the exclusion of liability to the extent permitted by law and thus at the customer\u2019s own risk. The customer is aware, on the basis of the information provided by the garage, that the vehicle should not be used on the road in the condition in question under any circumstances.
10.5<\/strong> The customer acknowledges that individual modifications made to the vehicle on his behalf, which serves in particular to improve the performance or the driving characteristics (for example, the boring of the cylinders to increase the displacement, the installation of compressors and turbochargers for supercharging, nitrous oxide injection or the installation of engines with larger displacement) or to change the appearance of the vehicle, may impair the factory warranty or lead to the loss of the same. Tuning can also impair the quality of the vehicle or lead to damage to the vehicle, in particular to the engine, due to the increase in performance. Consequently, to the extent permitted by law, any liability for damage and impairments to the warranty which can be attributed to the desired tuning work is completely excluded.<\/p>\n\n\n\n11. Spare parts\/consumables of the customer<\/h4>\n\n\n\n
12. Retention of title \/ right of retention<\/h4>\n\n\n\n
12.2<\/strong> The garage company has the right to retain the vehicle provided by the customer within the meaning of Art. 891 et seq. of the Swiss Civil Code until full payment of claims arising from work carried out, spare parts deliveries, etc. has been made. ZGB (Swiss Civil Code). If the customer does not pay the outstanding amounts even after three reminders and threats to sell the vehicle in question in order to settle the outstanding claims, the garage company shall be entitled to sell the vehicle by private contract without involving the debt collection office. The relevant sales proceeds \u2013 after deduction of all outstanding debts and costs of the garage company \u2013 will be handed over to the customer.<\/p>\n\n\n\n13. Data protection<\/h4>\n\n\n\n
<\/p>\n\n\n\n
b) To fulfill contractual obligations towards the customer;
c) To maintain, develop, and nurture the customer relationship;
d) To customize services or provide personalized content, e.g., through analysis of demographics, usage behavior, and user interests;
e) For address validation. f) To prevent unauthorized use of services, especially to prevent fraud cases during contract conclusion and throughout the contract duration;
g) For billing, debt collection purposes, and for creditworthiness and credit check assessments; h) For promotion, design, and further development of services\/offers by H\u00fcsser & Palkoska AG;
j) To obtain offers from third parties for the customer, such as insurance offers.<\/p>\n\n\n\n14. Severability clause<\/h4>\n\n\n\n
that the purpose of the GTC is fulfilled as far as possible, taking into account the economic interests of the parties involved.<\/p>\n\n\n\n15. Amendment of the GTC<\/h4>\n\n\n\n
15.2<\/strong> The garage company reserves the right to change the General Terms and Conditions at any time and unilaterally. The latest version shall be published on the Garage Business website or shall be available at the Customer Service reception desk and\/or posted at the Customer Service desk.<\/p>\n\n\n\n16. Arbitration \/ place of jurisdiction \/ applicable law<\/h4>\n\n\n\n