Leasing contract terms by Migros Bank

Table of contents

1. Definition of the contracting parties
2. Leasing, contact person
3. Leasing rates, clearing and levies/fees
4. Delivery
5. Use and maintenance
6. Ownership of the vehicle
7. Obligation to report, authorisation to provide information, portability, data processing at home and abroad
8. Warranty/guarantee, liability, notification of defects and power of attorney
9. Risk, total damage and theft
10. Insurance and assignment
11. Delay of the lessee
12. Termination of the contract, the termination of the contract and early termination of the contract
13. Settlement in case of early termination of contract
14. Return vehicle and final statement
15. Calculation of the monthly budget surplus
16. Other provisions
17. Contract copy, revocation

Definition of the contracting parties

Leasing, contact person

1. Regarding the present leasing contract (hereinafter referred to as the "contract"), the bank acquires the vehicle described above, selected by the lessee himself/herself from the supplier, and provides him/her with this vehicle for the agreed leasing period for private use for a fee.

2. The contract was brokered by the supplier. The supplier is at the disposal of the lessee as a representative of the bank for all questions, communications and contacts. Notifications received by the supplier shall be deemed to have been sent to the bank. For the purposes of this contract, the lessee unconditionally and fully releases the bank from bank client secrecy and business secrecy with the supplier.

Leasing rates, clearing and levies/fees

3. The lessee shall pay the agreed leasing instalments to the bank. Payment shall be made monthly in advance, for the first time on the date of takeover of the vehicle, and thereafter by the first day of the month at the latest. If the vehicle is taken over by the 15th of a month, the second leasing instalment shall be due on the first of the following month; if it is taken over later, it shall be due on the first of the month after next.

4. The payment of the leasing rates is also due if the vehicle is not used or is only used to a limited extent, as the leasing rates do not include any amount for maintenance, servicing and rectification of defects.

5. The lessee may only offset undisputed or legally established counterclaims against claims of the bank.

6. The lessee shall bear all charges (e.g. costs, fines, taxes, fees and similar expenses) increased or increased in connection with the contract and the vehicle. The bank is entitled to pass on the VAT to the lessee at the respective rate. If the lessee fails to meet its obligations (in due time), the bank shall have the right to fulfil its obligations in its/its place. The expenses shall be reimbursed to the bank at the next leasing rate, considering the market interest rate (min. 0%).

7. All third-party charges (e.g. postal and third-party bank charges) shall be passed on to the lessee. In the event of a claim against the bank arising from the leasing contract, the lessee shall be responsible for providing the bank with current bank or postal account details at the latest upon (ordinary or early) termination of the contract.

Delivery

8. The delivery of the vehicle takes place when the bank has received all the documents required for the contract and the statutory withdrawal period has expired. The lessee takes possession of the vehicle on behalf of the bank. The lessee shall make all necessary arrangements in a timely manner, and at his/her own expense, that are required for the delivery of the vehicle. The costs as well as the benefits and risks of the delivery shall be the responsibility of the lessee, insofar as these are not assumed by the supplier.

9. The lessee is obliged, at his/her own expense and as an agent of the bank, to inspect the vehicle thoroughly and carefully immediately after delivery and to confirm in the takeover report either that the delivery complies with the contract or to record any defects, missing parts, documents (in particular warranty conditions of the manufacturer or supplier) or accessories.

10. Warranty and liability are determined in accordance with clause 23 cont.

Use and maintenance

11. The lessee shall use the vehicle carefully, properly and in accordance with the manufacturer's or supplier's instructions and shall have it maintained, serviced and, if necessary, repaired at his/her own expense.

12. The lessee may not use the vehicle illegally or outside the insurance cover. The lessee is obliged to avoid any misuse or overload of the vehicle. In particular, participation in motor sports events (incl. training trips) is prohibited. The vehicle may remain abroad for more than one month only with the written consent of the bank, which must be obtained at least 14 days in advance.

13. The bank shall have the right to inspect and examine the vehicle at any time and to inspect all documents relating to the use, maintenance and any repairs of the vehicle.

14. The lessee may temporarily leave the vehicle to persons living with him/her in the same household, provided that they have the necessary expertise, skills and permits in the area with the vehicle. The lessee is liable to the bank for the conduct of such third parties as well as for his/her own.

15. Changes to the vehicle may only be made with the prior express written consent of the bank. They must not reduce the value and shall immediately become the property of the bank without any entitlement to reimbursement or compensation. The bank is entitled to demand from the lessee the restoration of the original condition at its costs.

Ownership of the vehicle

16. The owner and sole owner of the vehicle is the bank during the lease period and also after the termination of the contract. It entitles you to make its right of ownership visible by marking the vehicle and to disclose it to third parties. For this purpose, the lessee shall release the bank from banking customer and business secrecy without reservation and in full to these third parties.

17. The lessee registers as the owner of the vehicle at his/her own expense. The bank can register a holder change lock (eCode 178) at any time.

18. The lessee is obliged to inform the bank immediately in writing of any imminent or completed seizure of the vehicle, in particular by distraint, retention or arrest, as well as other influences of third parties on the vehicle (e.B. bankruptcy opening, etc.) and to inform the authority or other third parties of the ownership of the vehicle. All costs incurred by the bank in this connection shall be borne by the lessee.

Obligation to report, authorisation to provide information, portability, data processing at home and abroad

19. The contract is reported to the consumer credit information centre (IKO) in accordance with the consumer credit act. The bank was also authorised by the lessee to report the lease to the central credit information office (ZEK). In particular, the type, amount and modalities of credit, the personal details of the lessee and any qualified arrears and abuses are reported. The lessee has taken note and acknowledged that the ZEK is strictly permitted to make this data available to other members of the ZEK. The bank is authorised to obtain information about the Lessee from IKO, ZEK and other public and private bodies (e.g. debt collection and tax offices, residents' registration offices, guardianship authorities, credit agencies, employers, health insurance companies, landlords or other suitable information and disclosure offices) for the purpose of assessing the lessee's creditworthiness and for processing and handling the lease. The information to be obtained shall include, in particular, details of the lessee's personal data, solvency and other obligations.

20. The lessee authorises the bank to inform the supplier of the content of this agreement, the current status of the agreement, in particular any default of payment by the lessee and the book value of the vehicle, using electronic communication channels if necessary. The bank is also authorised to communicate via electronic channels (e.g. email, SMS) to the user addresses explicitly provided by the Lessee. Where the lessee has consented to the disclosure of his/her data to third parties, the bank may transmit such data electronically. Electronic communication channels are generally not secured against access by unauthorised third parties and therefore entail corresponding risks, e.g. lack of confidentiality, manipulation of content and sender data, misdirection, delay, viruses, etc. The bank disclaims any liability for damages in connection with electronic communication, insofar as there is no misconduct on the part of the bank. The lessee acknowledges in particular that the bank should not receive any booking-related or time-critical information via electronic channels.

21. The bank may outsource business areas and services (e.g. IT, shipping and printing services, etc.) to trustworthy third parties in Switzerland and abroad within the limits of the law. In order to protect the interests of the lessee, the bank shall oblige these third parties to comply with confidentiality provisions within the scope of the legal possibilities. The lessee acknowledges that the bank may transfer all the lessee's data in its possession, in particular also personal data which it has collected from the lessee or third parties in connection with the contract or which it has had collected by third parties, to a third party in Switzerland or abroad for the purpose of examining the conclusion and maintenance, execution and processing of the contract, including for collection purposes, provided that the third party is itself obliged to maintain confidentiality. If the bank transfers personal data to a country without an adequate level of data protection, the bank shall ensure an adequate level of protection by means of appropriate contracts (so-called standard contractual clauses) or shall rely on the statutory exceptions, in particular consent, the execution of the contract, the establishment, exercise or enforcement of legal claims or the protection of an overriding public interest.

22. The lessee unconditionally releases the bank from banking and business secrecy vis-à-vis the supplier and the bodies mentioned in Sections 19-21 for the corresponding purposes, insofar as and to the extent necessary. The release may be revoked in writing at any time with effect for the future. Disclosures already made shall remain unaffected by this. Revocation by the lessee may result in the bank no longer being able to provide its services under this contract in whole or in part. The lessee, for his/her part, remains obliged to fulfil the contract.

Warranty/guarantee, liability, notification of defects and power of attorney

23. The bank shall be liable to the lessee under warranty of quality and title or under any other title only to the extent that the bank itself can make a claim against the supplier. The lessee shall in particular bear the risk of the supplier's insolvency. Within the limits of the law, the bank shall not be liable for any direct or indirect damage or damage resulting from a breach of product safety regulations arising in connection with the operation, handling and/or use of the vehicle.

24. The bank shall not be liable for late delivery or non-delivery, unless the bank is liable for any demonstrable fault or the bank is entitled to claims for damages against the supplier. In the latter case, the bank may assign its claims against the supplier to the lessee in full compensation for the corresponding claims for damages.

25. The lessee confirms that he/she is aware of the provisions of the warranty granted by the manufacturer or supplier of the vehicle or, in the case of used vehicles, of any dealer warranty or guarantee, which he/she acknowledges as an integral part of the contract, as well as the statutory warranty and liability standards. The lessee confirms that he/she has not agreed to any exclusion of warranty vis-à-vis the manufacturer or supplier.

26. Defects that are found on the occasion of delivery or during the use of the vehicle shall be reported by the lessee to the supplier without delay by registered letter or a protocol signed by the lessee and the supplier. All correspondence shall be delivered to the bank in a copy. If the lessee fails to meet a period applicable to the assertion of warranty or guarantee claims, he/she shall bear the resulting consequences and shall indemnify the bank.

27. The lessee shall, at the bank's request, assert claims against the supplier arising from the guarantee or warranty or liability in court at his/her own expense, but for the account of the bank. The bank shall determine the scope of the power of attorney. The lessee shall in any case claim for his/her own damages.

28. Claims asserted by the lessee under guarantee or warranty or liability shall not release him/her from compliance with his/her contractual obligations towards the bank, in particular not from his/her obligation to pay the leasing instalments.

29. In the event of a reduction in the purchase price, the leasing rate per month will be reduced accordingly. In the event of a change in the purchase contract with the supplier or complete denial, the contract is terminated. The lessee shall be obliged to pay the leasing rate per month unchanged until a legally binding judgement is available, or the supplier recognizes the claim for conversion or reduction.

30. The lessee shall be liable to the bank for any loss or damage suffered by the bank as a result of the lessee's failure to perform or the improper performance of the obligations set out in clauses 23 to 29 or as a result of defective delivery for which the lessee is responsible.

Risk, total damage and theft

31. During the entire term of the contract and until the return of the vehicle, the lessee shall bear the risk of damage to, loss of and damage to the vehicle and of any resulting disadvantages, irrespective of the cause of the damage, even if it is due to chance or force majeure, etc. For the transfer of risk of delivery, cf. section 8 above.

32. The lessee must notify the insurance company of any claim and inform the bank immediately by registered letter. Exceptions are minor damages up to a repair amount of CHF 1000.00. The lessee may not assert any claims other than those to which he/she or the bank are entitled against the insurance company (cf. item 36). If the bank suffers damage, the lessee shall compensate the bank in full.

33. In the event of total loss, the contract shall be terminated at the end of the month in which the total loss occurred. In the event of theft, the contract shall be terminated upon receipt of the insurance payment by the bank. Until then, the lessee must pay the leasing instalments. Settlement shall be made in accordance with Clause 44 on the date of the theft or total loss.

Insurance and assignment

34. The lessee is obliged to provide sufficient insurance against risks and claims in connection with the vehicle before delivery of the vehicle at his/her own expense, in particular in his/her name to take out liability insurance and a comprehensive insurance policy. The bank may require the lessee to provide proof of sufficient insurance before the delivery of the vehicle and during the entire duration of the contract. Should the lessee comply with this obligation, the bank is entitled to obtain the requested information from the insurer and, if necessary, to take out the insurance at the expense of the lessee himself.

35. The lessee hereby assigns to the bank all present and future claims arising from the aforementioned insurances and any claims to which he/she may be entitled against liable third parties or their insurers.

• Insurance: Basler Insurance
• Policy Number: Placeholder (to be updated)
• Policyholder is not in a state of contact with a lessee: separate insurance code must be signed by policyholder.

34. The bank is authorised to notify the insurance company of this assignment by sending it an extract from this contract. The insurance benefits may be used by the bank, at its option, to repair or purchase a new vehicle and to compensate for the damage incurred and/or to credit the lessee's payment obligations under the contract. If the sum insured does not cover the damage incurred by the bank, the lessee shall pay the difference. If the insurance company disputes its obligation to pay in whole or in part, the bank may demand that the lessee pays the damage immediately against reassignment of the insurance claims or asserts the claim with the insurance company in the name and for the account of the bank, but at his/her own expense.

35. The lessee is obliged to notify the bank immediately in writing of an insurance change and to assign his/her rights thereof.

Delay of the lessee

38. If the lessee does not pay a leasing rate on time, he/she will be in default without a reminder. In this case, he/she shall owe the bank a default interest in the amount of the agreed annual percentage interest and compensation for further loss of interest. In addition, the lessee owes reminder fees of CHF 10.00 for a first reminder and CHF 20.00 for a 2nd and each additional reminder.

Termination of the contract, the termination of the contract and early termination of the contract

39. The contract ends due to the expiry of the agreed lease period.

40. The contract shall terminate if the contract with the supplier or the entry into the contract is not concluded, subsequently terminated or the vehicle definitely cannot be delivered. In the absence of demonstrable fault on the part of the bank, the lessee shall be liable to the bank for the reimbursement of payments already made to the supplier, and the lessee shall bear any compensation due to the supplier for use, depreciation and damage to the vehicle.

41. The contract may be terminated by the bank without notice for important reasons, the vehicle may be withdrawn and settled in accordance with clause 44, in particular if:
    (a) the lessee is in default in accordance with clause 38 and payments are outstanding that exceed three monthly lease instalments owed;
    (b) the lessee uses the vehicle excessively or unlawfully (e.g. serious offence against the Road Traffic Act, in particular speeding offence);
    (c) the vehicle is (officially) seized, reclaimed, requisitioned, detained or confiscated;
    (d) the lessee is in breach of essential contractual obligations or does not comply with essential contractual provisions, e.B. that agreements for the use and maintenance of the vehicle (paragraph 11 ff.);
    (e) the lessee becomes insolvent, bankruptcy is opened against him/her or he/she files a petition for composition or if in any other way the rights of the bank are jeopardised by a change in the economic situation of the lessee;
    (f) the lessee moves his/her domicile abroad.

42. The lessee may terminate the contract in writing at any time, subject to a notice period of 30 days at the end of the following calendar month, for the first time at the end of the 3rd month following the start of the lease period. A settlement is made in accordance with clause 44.

43. The death of the lessee does not terminate the contract.

Settlement in case of early termination of contract

44. The leasing rates correlate with the agreed leasing period and mileage. If the contract is terminated prematurely (paragraphs 41, 42), the leasing rates are adjusted to the efficient leasing period in accordance with the following settlement table and recalculated retroactively. Excluded is the first leasing rate, which is already taken into account in the monthly leasing rate as a percentage of the cash purchase price below.

45. The table is based on the annual effective interest rate and includes VAT. Partial months are rounded up to the full month. Payments already made are deducted from the sum of the first and recalculated leasing instalments.

46. The lessee shall bear the costs of any necessary repairs (in particular bodywork damage) and maintenance work that is not attributable to normal wear and tear. He/she shall also pay a compensation for additional kilometres according to the agreed rate and a compensation for an accident-related reduction in value, insofar as this has not been compensated by an insurance company. No compensation shall be paid for any reduced mileage. The bank reserves the right to claim further damages. The lessee accepts this settlement method and undertakes to pay the compensation calculated in this way to the bank immediately after receipt of the final statement.

47. In the event of default or if a discrepancy results in favour of the lessee, the bank shall be entitled, but not obliged, to settle as follows instead of in accordance with Clause 44: the lessee shall pay the bank the forfeited lease instalments plus default interest and damages. The damages shall be calculated as follows: The sum of the leasing instalments due up to the ordinary expiry of the contract, plus the imputed residual value of the vehicle at the end of the contract, less a discount of 0.25% and - at the bank's discretion - the market value or net realisation proceeds of the vehicle. The costs of necessary repairs (in particular of bodywork damage) and maintenance work which are not attributable to normal wear and tear shall be borne by the Lessee. The bank reserves the right to claim further damages. The lessee accepts this alternative method of settlement and undertakes to pay the compensation calculated in this way to the bank immediately upon receipt of the final statement of account.

Return vehicle and final statement

48. The lessee is obliged to return the vehicle including accessories (in particular summer and winter tyres) to the bank in proper condition at the place designated by the bank immediately after the end of the contract, expiry of the contract or premature termination of the contract. The lessee has no right of retention to the vehicle. A written record of the condition of the vehicle shall be made.

49. In the event of failure to return the vehicle on time, the bank shall be entitled to collect the vehicle from the lessee's location at the lessee's expense without judicial authorisation. The bank and its agents are authorised to enter the property or building where the vehicle is located for this purpose. The lessee shall owe the bank compensation in the amount of one thirtieth of the contractually agreed or retroactively increased leasing instalments per day for the period between the timely and the effective return date. The bank reserves the right to claim further damages. The lessee shall continue to comply with all contractual obligations.

50. In the event of a dispute concerning the settlement relating to repairs, maintenance work or inferior value, a neutral expert shall be appointed by the bank, at the request of the lessee and at the latter's costs, to make a reasoned estimate. The parties acknowledge the expert's estimate as an arbitration report.

51. The final settlement is made in accordance with clause 46.

Calculation of the monthly budget surplus

52. The bank has examined the creditworthiness of the lessee in accordance with article 29 of the consumer credit act on the basis of the information provided by the lessee and other elements, in particular those required by law. The lessee declares that he/she has been informed about the composition of the budget and that he/she has checked the correctness of the individual items. He/she confirms the accuracy of his/her monthly budget as follows:

Other provisions

53. The lessee must inform the bank of any change of domicile at least 14 days in advance.

54. Amendments and additions to the contract must be in writing in order to be valid. On the part of the bank, a facsimile signature or electronic signature is sufficient for the written form requirement.

55. The bank shall be entitled to assign or transfer its rights and/or obligations and claims against the lessee arising from the contract or the entire contractual relationship with all securities and ancillary rights in whole or in part to a third party, while safeguarding the lessee's rights under this contract. The right to transfer or reassign shall remain reserved. The bank shall be entitled to make information relating to the contractual relationship available at any time to such a third party and to other parties involved, such as rating agencies and trustee companies, whereby they shall be obliged to maintain confidentiality. The lessee acknowledges that the bank is entitled to assign claims arising from the contractual relationship to third parties for collection purposes. For the purposes of this contract, the lessee unconditionally and fully releases the bank from bank client secrecy and business secrecy shared with the supplier.

56. The contract shall be governed by Swiss substantive law. The place of jurisdiction shall be determined in accordance with the statutory provisions.

Contract copy, revocation

57. The lessee confirms that he/she has received a signed copy of this contract at the time of signature of the contract.

58. The lessee has the right to revoke this contract in writing within 14 days of receipt of the copy of the contract. The deadline shall be deemed to have been met if the notice of cancellation is demonstrably handed over to the bank or the post office on the 14th day.

59. In the event of misuse of the vehicle during the revocation period, the lessee shall owe the bank reasonable compensation based on the loss in value of the item. Any use during the revocation period that goes beyond a mere functional check shall be deemed abusive in this sense.