General Terms and Conditions (GTC) of the garage business LT WIN GARAGE GmbH (hereinafter "garage business") for repair and service services (workshop visit), for the preparation of cost estimates as well as for the sale and installation of spare parts and accessories.
1.1 These GTC govern the contractual relationship between the garage business and you as the customer for all repair and service work, for associated cost estimates and for the sale and/or installation of spare parts and accessories.
1.2 In order to make these GTC easier to read, only the masculine form is used in the following explanations for the sake of simplicity; the feminine form is therefore always included.
2.1 These GTC form an integral part of all contracts between the aforementioned garage business and the customer relating to the provision of repair or service work and the sale and/or installation of spare parts and accessories. They apply irrespective of the form (written, verbal) and the place (garage business, Internet) where the contract is concluded.
2.2 The latest version of the GTC of the garage company is posted on its homepage 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 for taking away. The GTC are also displayed at the customer service desk and can therefore be viewed by the customer at any time.
2.3 The inclusion or application of deviating and/or supplementary GTC of the customer is excluded, even if the garage operator has not expressly objected to them.
3.1 The customer must describe the defects to be repaired or the services to be provided on the vehicle as precisely as possible for the attention of the responsible employee of the garage company and agree the desired completion date. The services to be performed and the agreed date shall be recorded in the workshop order and acknowledged by the customer.
3.2 The vehicle provided by the customer will also be checked for the current software version without an explicit order. If there is a newer version, the update will be carried out. If costs are incurred in this respect, these costs will be charged in addition to the order. These must be included in the customer order. As far as technically possible, vehicle data is temporarily backed up in encrypted form in this context. Irrespective of this, the garage assumes that this is the case and 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. The garage operator is therefore not responsible for any such loss of data.
3.3 The garage operator is authorized to subcontract to third-party companies if necessary and to carry out test drives with the vehicle provided by the customer.
4.1 At the customer's request, the garage operator shall note in the workshop order the prices and rates plus VAT that 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 include the respective price. The garage company shall be bound by this cost estimate for ten days after it has been issued and may not exceed it by more than 10% without the customer's prior consent.
4.2 If, during the execution of service or repair work, it becomes apparent that additional work or services are required on the part of the garage company which were not to be expected when the vehicle was accepted by the garage company or 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's prior consent for this work by telephone. The customer must ensure that the garage company has a telephone number on which the customer can be reached during normal business hours. If the garage company is unable to 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. If the additional work does not exceed 10% of the total order in terms of cost, the garage may assume that the customer has given his consent and does not have to obtain his prior consent.
4.3 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 Otherwise, the prices and rates charged by the garage according to the separate price list shall apply; if such a list is not available, the usual local prices and rates shall apply.
5.1 If the customer wishes his vehicle to be collected or delivered, this shall be at his own expense and risk.
5.2 The customer is obliged to collect the vehicle within three working days of receipt of the notice of completion or delivery 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 The vehicle shall be accepted by the customer at the garage, unless otherwise agreed. The benefit and risk of the vehicle shall pass to the customer when the vehicle 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 close of business on the agreed collection day, the garage operator shall be entitled to park the vehicle outside the garage at the customer's risk and responsibility. In the event of a delay in collection, the garage operator may, after issuing a written reminder to the customer, immediately charge a storage fee per parking day at the usual local rate, provided that the vehicle remains on the garage operator's premises.
6.1 The invoice to the customer shall show prices or price factors separately for each technically self-contained work service as well as for spare parts and materials used. If the order is executed on the basis of a cost estimate, a reference to the cost estimate shall suffice, whereby only additional work shall be listed separately.
6.2 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 In the event of partial or full non-payment of the invoice by an insurance company or the absence of a guarantee or goodwill promise by a supplier/importer, for whatever reason, the customer is obliged to pay the amount owed in full and on first demand to the garage company.
7.1 The invoice amount is generally due for payment without any deduction upon acceptance of the vehicle and handover of the invoice in cash or via EC, but at the latest within 14 days of notification of completion and handover or sending of the relevant invoice.
7.2 The customer may only offset claims of the garage business against his own claims if the customer's counterclaim is undisputed or a legally binding judgment exists in this regard; furthermore, the customer's right of retention is excluded, insofar as legally permissible. The garage company is entitled to demand an appropriate advance payment when the order is placed.
7.3 If the customer is in arrears with his payment, the garage business may demand default interest of 5% after the expiry of the payment term of 14 days without an additional reminder. The garage operator is also entitled to charge a processing fee of CHF 20.00 per letter for reminders sent to the customer.
7.4 The garage operator is entitled to transfer the collection of a due claim to a third party. The costs of this third-party service shall be borne by the customer.
8.1 The customer must check the vehicle for any defects immediately after taking it over. The customer must notify the garage company in writing of any claims for material defects 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 occurrence of the defect in question. If the customer fails to give notice of defects in due time, the work carried out by 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 at which the defect was discovered and for the timeliness of the notification of defects.
8.2 If the customer accepts the object of the order despite being aware 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 Claims of the customer due to defective repair or service work shall become time-barred 2 years after acceptance of the vehicle.
8.4 If a material defect is reported in due time and is attributable to the work or services of the garage, the customer shall only be entitled to free rectification of the defect. The statutory warranty rights 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 company, the warranty claim shall lapse in its entirety; accordingly, the garage company shall not be obliged to pay for rectification work carried out by a third-party company. If the customer chooses to withdraw from the contract after subsequent performance has failed, 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.
9.1 The customer must inspect spare parts and accessories immediately upon delivery and report any defects in writing within 7 working days. Hidden defects must be reported in writing within 7 working days of their first appearance. If the customer fails to give notice of defects in due time, all rights in respect of defects shall be forfeited.
9.2 If the spare parts and accessories are covered by an ongoing manufacturer's warranty, this shall apply exclusively and the statutory warranty shall be excluded to the extent permitted by law. If there is no manufacturer's warranty, the customer's warranty claims for spare parts and accessories shall expire 2 years after delivery. If a defect occurs within the guarantee period/warranty period that has been notified in due time, the customer shall only be entitled to a free exchange of the goods. If it is not possible to exchange the goods free of charge, the customer is entitled to a refund of the net purchase price against return of the defective goods.
9.3 The liability of the garage for indirect damage or consequential damage, in particular damage to other vehicle parts, loss of profit, loss of production, liability damage, legal prosecution damage, etc. is excluded to the extent permitted by law.
10.1 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 to the extent permitted by law. Also excluded is 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. The burden of proof for intent or gross negligence on the part of the garage operator or its legal representatives, vicarious agents and employees etc. shall lie with the customer.
10.2 Any liability on the part 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 Liability for the loss of money or valuables of any kind in the vehicle that are not expressly taken into safekeeping by the garage operator is excluded. The customer must therefore ensure that no such valuables are present in the vehicle provided.
10.4 If the vehicle provided to the garage operator is not roadworthy and the customer intends to put it back into operation without restoring its roadworthiness, the garage operator shall be entitled to refuse to hand over the vehicle and/or to make a corresponding (prior) report to the responsible MFK. Insofar as the garage operator hands over the unroadworthy vehicle to the customer at the customer's request despite being informed that it is unroadworthy, the vehicle shall be handed over to the customer to the exclusion of liability to the extent permitted by law and thus at the customer's own risk and peril. The customer is aware from the information provided by the garage that the vehicle should not be used on the road in this condition under any circumstances.
10.5 The customer acknowledges that individual modifications made to the vehicle on his behalf, which serve in particular to improve the performance or driving characteristics (such as boring out the cylinders to increase the displacement, the installation of compressors and turbochargers for supercharging, nitrous oxide injection or the installation of engines with a larger displacement) or to change the appearance of the vehicle, may impair or lead to the loss of the factory warranty. Engine control unit optimization, tuning can also impair the quality of the vehicle or lead to damage to the vehicle, especially to the engine, due to the increased performance. Consequently, to the extent permitted by law, any liability for damage and warranty impairments attributable to the desired engine control unit optimization and tuning work is completely excluded.
If the customer provides the garage with spare parts or consumables with the instruction to use them as part of service or repair work, this is done exclusively at the risk and peril of the customer. Any liability and warranty obligation on the part of the garage for any defects in these spare parts or consumables and/or liability for consequential damage shall be excluded to the extent permitted by law.
12.1 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.
12.2 The garage company has the right to retain the vehicle provided by the customer within the meaning of Art. 891 et seq. ZGB (Swiss Civil Code). If the customer fails to pay the outstanding amounts even after three reminders and threats to sell the vehicle in question to settle the outstanding claims, the garage company shall be entitled to sell the vehicle by private treaty without involving the debt enforcement office. The proceeds of the sale in question will be handed over to the customer after deduction of all outstanding claims and costs of the garage business.
The customer agrees that his personal data may be processed and used 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) by the garage company, the importer of the vehicle and/or authorized partners/service providers. The customer agrees that his data may be forwarded accordingly to the importer and/or authorized partner/service provider by the garage. The data will be used exclusively in accordance with Swiss data protection regulations. In particular, no data will be passed on to unauthorized 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] for the customer, LT WIN GARAGE GmbH may collect personal data itself, obtain it from third parties, store it, process it and pass it on to third parties, subject to compliance with applicable data protection standards at all times.
If permitted by law, or if there are overriding interests on the part of LT WIN GARAGE GmbH, or if customer consent has been obtained, LT WIN GARAGE GmbH may process the personal data collected for the following purposes:
LT WIN GARAGE GmbH may use third parties in Switzerland and abroad for data processing. If the customer procures third-party services from LT WIN GARAGE GmbH, LT WIN GARAGE GmbH may pass on to the third party for processing those customer data that the third party requires to fulfill its contractual obligations to the customer.
If LT WIN GARAGE GmbH engages third parties from Switzerland and abroad, they are contractually obliged to comply with the measures required under applicable data protection law. Further information on the use of personal data can be found in the data protection declaration.
The invalidity of individual provisions of these GTC shall not result in the invalidity of the GTC as a whole. Rather, any omitted provisions and any gaps shall be filled in such a way that the purpose of the GTC is fulfilled as far as possible, taking into account the economic interests of the parties involved.
15.1 These GTC apply in the version valid at the time of the customer's order.
15.2 The garage company reserves the right to amend the General Terms and Conditions unilaterally at any time. The most recent version will be published on the garage operator's homepage or will be available at the customer service reception and/or displayed at the customer service desk.
At the request of the contracting parties, the dispute can be settled by the AGVS and TCS arbitration board before going to court and an out-of-court solution can be 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, unless a mandatory place of jurisdiction is provided for by law. The same place of jurisdiction shall also apply if the customer has its registered office/domicile abroad. The garage company is also entitled to take legal action against the customer at their registered office/domicile.
The substantive law of Switzerland shall apply exclusively, to the exclusion of the Vienna Sales Convention or other international agreements.