Purchase Agreement

This is only a translation of the contract for your reference

The Private Credit contract are available in German, French or Italian. During the checkout you will be asked to chose what language would you like the contracts to be generated.

Purchase Agreement

1. Purchase Object and Price
(Presented as a table: vehicle data and purchase price information)
Purchase Object XXX
VIN XXX
KM XXX
Cash Purchase Price (incl. % VAT) XXX
Down Payment XXX
Loan Amount XXX

The Buyer undertakes to pay the down payment according to the table above to the Seller within seven (7) days after signing this Agreement. The Seller will only proceed with the vehicle purchase from the supplier once the down payment has been received.
The loan amount stated above becomes due 15 days after the credit agreement is signed.

2. Delivery and Ownership of the Vehicle
The Seller is obliged to deliver the vehicle in the condition in which it was seen and test-driven by the Buyer (if chosen on-site), or in the contractual condition if selected online, including accessories and documentation (especially any applicable manufacturer or supplier warranty terms) on a mutually agreed date.
The Seller will contact the Buyer to arrange the handover date once the vehicle is ready. The handover must not take place before the 14-day withdrawal period under Art. 16 para. 1 of the Swiss Consumer Credit Act (KKG) has expired following the credit agreement between the Buyer and Migros Bank AG. The Buyer must report any defects at the time of handover using the handover protocol (Annex 1), which lists defects, missing parts, documents, or accessories.
Ownership remains with the Seller until the full purchase price is paid. Title transfers to the Buyer only upon full payment.

3. Transfer of Risk
Benefits and risks pass to the Buyer upon proper handover of the vehicle.
For used vehicles, benefits and risks transfer upon signing the contract.

4. Buyer’s Obligations
Before vehicle handover, the Buyer is obligated to take out sufficient insurance coverage at their own expense, including liability insurance in their name. The Seller may request proof of such insurance before the handover.

5. Warranty
The vehicle is purchased "as seen and driven" or in the condition at the time of the contract. Any warranty from the Seller is expressly excluded to the extent permitted by law, except for Article 199 CO (fraudulent concealment of defects). Any manufacturer warranties remain reserved.
If the Seller has warranty claims against the vehicle supplier, the Buyer is hereby authorized to assert these claims at their own expense and as a direct agent of the Seller.
In the case of a successful price reduction or rescission (warranty case), the Seller shall assign the resulting claims to the Buyer. A case is deemed successful if there is a binding court judgment or a judicial or extrajudicial settlement.
The Buyer must provide the Seller with all correspondence and documents related to warranty claims upon first request.

6. Withdrawal
If Migros Bank AG rejects the financing or the credit agreement does not come into effect due to reasons not attributable to the Buyer, the Seller shall fully refund the down payment. The sales contract is thereby voided.
If the Buyer exercises their right to withdraw from the credit agreement with Migros Bank AG within the 14-day period per Art. 16 para. 1 KKG, the Seller may charge the Buyer a flat fee of CHF 250 for incurred costs. Proof of higher damages remains reserved. The sales contract is thereby voided. The Seller is entitled to offset such damage against the down payment.
If the credit agreement was based on false information provided by the Buyer, the Seller is entitled to withdraw from this Agreement and reclaim the vehicle. The sales contract is thereby voided.

7. Contract Cancellation in Case of Prior Sale
The obligation to transfer the vehicle to the Buyer is contingent on its delivery by the supplier. If the supplier sells or otherwise transfers the vehicle to a third party after this agreement has been signed, this Agreement is cancelled. The Seller must refund the Buyer the full down payment (CHF […]). The Buyer has no further claims due to the cancellation.

8. Severability Clause
If any part of this Agreement is or becomes legally ineffective, the remaining provisions remain unaffected. The Parties shall replace the invalid provision with a valid one that best reflects the economic intent. The same applies to any contractual gaps.

9. Applicable Law and Jurisdiction
This Agreement is governed by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, and its amendments.
All disputes arising from or in connection with this Agreement, including those regarding its validity, legal effects, amendment, or termination, shall be subject to the ordinary courts of Zurich, District 1.

10. Other Provisions
The original language of this Agreement is German. Any translation is provided for convenience only. In case of conflict, the German version shall prevail.

By signing this Agreement, the Buyer confirms they have read and unconditionally agree to the following documents:

General Terms and Conditions of Gowago AG (Annex 2)