GENERAL CONDITIONS 

(Versione settembre 2022)         _cc781905 -5cde-3194-bb3b-136bad5cf58d_         _cc781905-5cde-3194- bb3b-136bad5cf58d_      

 

1. Scope
1.1 These GTC regulate the contractual relationship between Wild Chopper Sagl and the customer relating to all repair and assistance interventions, to the related estimates as well as to the sale and/or assembly of spare parts and accessories.
1.2 To ensure greater readability of these GTC, only the masculine form will be used for simplicity below, even if connected, the feminine one is always understood as well.

 

2. Integration of these GTC
2.1 These GTC are an integral part of all contracts stipulated between Wild Chopper Sagl specified above and the customer and relating to the carrying out of repair and assistance interventions as well as the sale and/or assembly of spare parts and accessories. They apply regardless of the form (written, oral) and location (auto repair shop, internet) in which the contract was concluded.
2.2 The latest updated version of the General Terms and Conditions of Wild Chopper Sagl can be found on its website online and/or is available in paper format at the reception and/or at the Wild Chopper Sagl customer service counter, where it is possible to request a copy for consultation or hold back. The GTC are also displayed in the area dedicated to customer service and therefore always visible to customers.
2.3 The integration and/or validity of divergent and/or complementary GCs of the customer is therefore excluded, even if Wild Chopper Sagl has not expressly opposed them.

 

3. Placement of the order
3.1 The customer is required to describe the defects to be repaired and/or the services to be performed on the vehicle to the responsible collaborator of Wild Chopper Sagl as precisely as possible and to agree on the desired collection date. The services to be performed and the agreed date are specified in the workshop contract and confirmed by the customer.
3.2 If necessary, the vehicle delivered by the customer will also be updated to the latest software version, even without his explicit order. Insofar as technically possible, the vehicle data will be temporarily saved in encrypted form during this process. Regardless of the above, Wild Chopper Sagl assumes that the customer, to avoid any loss of data, has created a backup copy of data and personal settings according to the manufacturer's instructions. Wild Chopper Sagl is therefore not liable for any loss of data that occurs in such circumstances.
3.3 If necessary, Wild Chopper Sagl is authorized to subcontract the work to third parties and to carry out test drives with the vehicle delivered by the customer.

 

4. Prices / Estimate
4.1 At the customer's request, Wild Chopper Sagl is required to indicate in the workshop contract the prices and tariffs (plus VAT) which will probably accrue for carrying out the work specified in the order. If the customer requests the indication of a binding price, it is necessary to compile a written estimate which lists all the necessary works and spare parts/accessories with the relative prices. Wild Chopper Sagl is bound to this estimate for ten days from the date of its delivery and cannot exceed it by more than 25% without first requesting the customer's approval.
4.2 If during the performance of the maintenance and/or repair work the need for further work and/or services should arise on the part of Wild Chopper Sagl, which were not foreseeable by the garage during the acceptance of the vehicle and/or were not declared by the customer and whose cost exceeds 25% of the total amount of the order, before carrying out these works Wild Chopper Sagl is required to telephone the customer and obtain his approval. The customer is required to ensure that the garage has a telephone number on which it can be traced during normal office hours. If Wild Chopper Sagl is unable to trace the customer after three attempts (at a distance of at least 10 minutes from each other), it will carry out these works only if it deems them necessary for the purpose of vehicle safety on the road. If the cost of the additional works does not exceed 25% of the total amount of the order, the garage assumes acceptance by the customer and is not required to request his approval first.
4.3 When an order based on a quote is placed, any costs accrued for compiling the quote will be calculated in the order invoice. If the order in question is not given, Wild Chopper Sagl is authorized to invoice the customer for the costs accrued for compiling the estimate.
4.4 Otherwise, the prices and tariffs that Wild Chopper Sagl usually invoice based on its price list are considered valid. In the absence of such a price list, the local prices and tariffs are understood to be valid.

 

5. Delivery and acceptance of the vehicle
5.1 If the customer requests the collection or delivery of his vehicle, these operations take place at his own risk.
5.2 The customer is required to collect the vehicle within three working days of receipt of the notice of completion of the work or of the delivery and/or transmission of the invoice. For repair work which is carried out on a single working day, the collection period is limited to two working days.
5.3 Unless otherwise agreed, the vehicle is collected by the customer from Wild Chopper Sagl. When the vehicle is ready for collection, the profits and risks of the same are transferred to the customer (therefore above all also in reference to theft or damage by third parties). If the customer fails to collect his vehicle within the established deadline, but at the latest within the workshop closing time on the agreed collection day, Wild Chopper Sagl is authorized to park the vehicle at the customer's risk outside outside the area pertaining to the garage. If the vehicle is picked up late, Wild Chopper Sagl is authorized to calculate, without needing any notice to the customer, a local storage fee for each day of storage, in the event that the vehicle remains parked in the relevant area of the garage.

 

6. Invoice
6.1 In the invoice to the customer, the prices or price factors accrued for each technically completed work as well as for the spare parts and materials used are listed separately. If the order is processed on the basis of a quotation, a reference to the quotation is sufficient. In this case, only the additional work is listed separately in the invoice.
6.2 Any correction of the invoice must be requested by the customer at the latest within two weeks of its receipt. Otherwise, Wild Chopper Sagl assumes that the invoice is correct.
6.3 In the event of non-payment (partial or total) of the invoice by the insurance company and/or non-compliance with the warranty conditions or favorable treatment promised by the supplier / importer, regardless of the reason, the customer is obliged to pay Wild Chopper Sagl the amount due in full and at its first request.

 

7. Methods of payment/Invoicing/Late payments
7.1 The invoice must basically be paid in cash or by credit card upon collection of the vehicle and delivery of the invoice, but at the latest within ten days of notification of completion of the work or of the delivery and/or transmission of the relevant invoice.
7.2 Claims due to the garage can only be offset by the customer with his own claims if the customer's claim is undisputed or accompanied by a relevant final judgment. A right of retention on the part of the customer is also excluded, if permitted by law. At the time of placing the order, Wild Chopper Sagl is authorized to request an adequate advance payment.
7.3 When the customer is late with his payment, once ten days have passed from the payment deadline Wild Chopper Sagl is authorized to apply, without the need for further notice, a late payment rate of 5%. Wild Chopper Sagl is also authorized to calculate, for each reminder letter sent to the customer, an administrative fee of CHF 20.00 for each letter.
7.4 Wild Chopper Sagl is authorized to transfer the collection of outstanding credits to a third party. The costs of these services provided by third parties are charged to the customer.

 

8. Legal guarantee for repairs and assistance
8.1 After taking delivery of the vehicle, the customer is obliged to promptly check it for any defects. Any claims for defects must be claimed by the customer to Wild Chopper Sagl who carried out the work within seven working days at the latest from taking delivery of the vehicle, in the case of hidden defects within seven working days from the date on which they occurred for the first time the vice in question. If the customer omits the complaint within the specified terms, the works of Wild Chopper Sagl are considered accepted and the customer loses all rights related to the guarantee for defects. The burden of proof for all conditions that legitimize the claim, in particular for the defect itself, for the date on which the defect was established and for the timeliness of the warranty claim for the defects of the thing, is fully borne by the customer.
8.2 If the customer nevertheless takes delivery of the order item despite being aware of a defect, he is only entitled to make a warranty claim for defects if he expressly reserved this right at the time of taking delivery.
8.3 The customer's rights deriving from defective repair or assistance become statute-barred after 2 years from the date of collection of the vehicle.
8.4 In the event of a defect in the thing claimed within the established terms and attributable to the works and/or services of Wild Chopper Sagl, the customer is exclusively entitled to a free repair. Legal warranty claims for material defects are excluded. If the repair fails three times, the customer is entitled to withdraw from the contract. If the customer entrusts any repair work to a third party, the right to claim under warranty is completely lost and Wild Chopper Sagl is not even required to reimburse the repair work carried out by a third party. If after the failure of the repair the customer decides to withdraw from the contract, he will no longer be able to assert any right to compensation for damages caused by the defect. The replaced spare parts belong to Wild Chopper Sagl.

 

9. Commercial warranty for spare parts and accessories
9.1 Upon receipt, the customer is required to promptly check the spare parts and accessories and to complain in writing for any defects within 7 working days. Hidden defects must be reported in writing within 7 working days from the date on which they first occurred. If the customer omits the complaint within the specified terms, he loses all rights related to the guarantee for defects.
9.2 If the spare parts and accessories have a valid manufacturer's guarantee, this exclusively applies and the statutory guarantee is excluded to the extent permitted by law. If the spare parts and accessories do not have a manufacturer's guarantee, the customer's warranty claims on the spare parts and accessories lapse 2 years after the delivery date. If a defect occurs within the period of validity of the commercial guarantee / legal guarantee, the customer is exclusively entitled to a free replacement of the goods. If the free replacement of the goods is not possible, the customer is entitled to a refund of the net purchase price upon return of the defective goods.
9.3 If permitted by law, the liability of Wild Chopper Sagl for indirect damages is excluded, in particular damages to other vehicle components, loss of earnings, loss of production, civil liability damages, damages caused by lawsuits, etc.

 

10. Liability
10.1 Wild Chopper Sagl is liable only in the event of damage caused intentionally or by gross negligence. Liability for slight and medium negligence is therefore excluded – within the scope permitted by law. Furthermore, the personal liability of the legal representative, auxiliary persons and employees of Wild Chopper Sagl for damages caused by them through slight or medium negligence is excluded. The burden of proof for intent or gross negligence of Wild Chopper Sagl, the legal representative, auxiliary persons and employees, etc. is charged to the customer.
10.2 Any liability of Wild Chopper Sagl is reserved when the defect is knowingly concealed, when it derives from the assumption of an agreed special guarantee or is based on the law on liability for product damage.
10.3 Liability is excluded for the loss of money or other valuables of any kind inside the vehicle that have not been expressly taken into custody by Wild Chopper Sagl. The customer is therefore obliged to ensure that there are no such valuables in the delivered vehicle.
10.4 If the vehicle delivered to Wild Chopper Sagl is not fit for circulation and the customer intends to put it back into service without having first restored its suitability, Wild Chopper Sagl is authorized to refuse the return and/or to send a relative (pre) notice to the competent CVM office. If Wild Chopper Sagl still decides to deliver the unfit vehicle to the customer, despite having been advised of its unsuitability, the delivery takes place with exclusion of liability (within the scope permitted by law) and therefore at the customer's risk. Based on the notice received from Wild Chopper Sagl, the customer is aware of the fact that the vehicle absolutely cannot be put into circulation in the state in which it is.
10.5 The customer acknowledges that any modifications to the vehicle made on his behalf and intended in particular to improve performance or driving characteristics (such as cylinder boring to increase the displacement, fitting of superchargers and turbochargers for supercharging , the installation of a nitrous oxide injection system or the installation of engines with larger displacement) or modifying their appearance, may jeopardize the manufacturer's guarantee and/or cause it to be lost. Even tuning interventions can affect the quality of the vehicle and/or cause damage to the vehicle and above all to the engine as a result of the increase in performance. Insofar as required by law, any liability for any damages (such as e.g. loss of warranty) attributable to the desired tuning interventions is therefore totally excluded.

 

11. Customer Spares / Consumables

When the customer delivers spare parts and consumables to Wild Chopper Sagl, instructing Wild Chopper Sagl to use them in the context of repair and assistance work, their use takes place exclusively at the customer's risk. To the extent permitted by law, any liability and warranty obligation for any defects in these spare parts or consumables as well as any liability for consequential damages are excluded.

 

12. Retention of Title / Right of Retention
12.1 The ownership of the accessories, spare parts and assembled components is transferred to the customer only upon full payment of the purchase price plus any interest and costs. Wild Chopper Sagl has the right to make the relevant entries in the register of ownership agreements.
12.2 Until full payment of the credits (previous or current) deriving from the work carried out, from the supply of spare parts, etc., Wild Chopper Sagl has the right to keep the vehicle delivered by the customer as a pledge pursuant to art. 891 et seq. CC. If the customer does not pay the credit even after three reminders and threatens to liquidate the vehicle in question for the purposes of extinguishing the outstanding credit, Wild Chopper Sagl has the right to sell the vehicle privately without the need to call the office of execution. After the deduction of all outstanding credits and costs Wild Chopper Sagl, the proceeds of the sale will be delivered to the customer.

 

13. Data Protection
The customer agrees that his personal data may be used for order fulfillment, for customer assistance / information / survey activities (including telephone surveys and other surveys to evaluate customer satisfaction) as well as for marketing or advertising activities by post and electronic mail (e.g. via email) by Wild Chopper Sagl, the vehicle importer and/or authorized partners / service providers. The customer agrees that his data will be forwarded to Wild Chopper Sagl to the importer and/or authorized partners / service providers. The data will only be used in accordance with Swiss data protection regulations. In particular, the forwarding of data to unauthorized third parties is excluded. If the customer does not like to receive electronic advertising and/or respond to customer satisfaction surveys, etc. is required to send Wild Chopper Sagl a relative written declaration.

 

14. Safeguard Clause
The invalidity of individual provisions of these GTC does not affect the validity of the GTC as a whole. The abolished provisions and any gaps will have to be filled taking into account the economic interests of the parties involved and in such a way as to fulfill the objective of the GTC.

 

15. Modification of the GTC
15.1 These GTC apply in the version in force at the time of the contract and/or the customer's order.
15.2 Wild Chopper Sagl reserves the right to modify the General Conditions at any time and unilaterally. The latest updated version can be found on the website www.wildchopper.ch and/or is available at the reception and/or is displayed in the customer service area.

 

16. Conciliation / Jurisdiction / Applicable law
At the request of the counterparties, before the judicial debate, the dispute can be submitted to the UPSA and TCS conciliation office to find an out-of-court solution.

 

The place of jurisdiction for all disputes arising from this contract and therefore for all current and future claims is the headquarters of Wild Chopper Sagl, unless the law provides for a mandatory forum. The same forum also applies when the customer's headquarters / residence is abroad.

 

Wild Chopper Sagl has the right to sue the customer even at its headquarters / residence.
This contract is subject exclusively to the substantive law of Switzerland, to the exclusion of the Vienna Convention or other international agreements.