General Terms and Conditions
1. Scope
These General Terms and Conditions (GTC) apply to all services provided by Albertis Classic Motorcycles in connection with motorcycles, in particular repairs, maintenance and servicing, restorations, overhauls, modifications, refurbishments, diagnostic work, procurement of spare parts and related services.
These GTC apply to all orders unless expressly agreed otherwise in writing in individual cases.
By placing an order, the customer agrees to these GTC. The current version of the GTC is available on the Classic-Motorcycles.ch website and can be provided to the customer in a suitable form upon request.
2. Placing Orders
- An order may be placed in writing, electronically, by phone or in person.
- An order is deemed accepted once the workshop confirms it or begins carrying out the work.
- For extensive repairs, overhauls or restorations, the workshop may make acceptance of the order conditional on a written order confirmation or a deposit.
- The customer is obliged to provide the workshop with all information relevant to carrying out the order. This includes, in particular, known damage, previous repairs, modifications, changes to the vehicle and known technical problems.
3. Cost Estimates
Cost estimates are prepared to the best of our knowledge and on the basis of the circumstances known at the time they are prepared.
Note on classic vehicles: For older, classic or restoration-requiring motorcycles, the actual labour and material costs may differ considerably from the condition initially apparent. Hidden damage, corrosion, worn or no longer available components and previous improper repairs may only become apparent after disassembly.
A cost estimate is generally an estimate and not a guarantee of the final invoice amount, unless it has been expressly designated as a binding fixed price.
If additional or further work becomes necessary during the job, the workshop will inform the customer before carrying it out, whenever possible.
If it is not possible to consult the customer immediately and additional work is required to prevent further damage or to carry out the order in a technically sensible manner, the workshop may carry out the necessary measures to a reasonable extent.
Additional work expressly approved by the customer will be charged separately.
4. Special Provisions for Vintage and Classic Motorcycles
Classic and historic motorcycles may exhibit particular characteristics related to age, materials and design.
The workshop is entitled to document and inform the customer of any defects, signs of wear, corrosion, material fatigue or previous repair faults discovered during disassembly.
The workshop does not guarantee that all existing or subsequently occurring age-related defects will be remedied after a single repair.
In restorations, it may be necessary to use technical alternatives depending on the availability of original parts, reproductions and suitable replacement materials. Such solutions will be agreed with the customer wherever possible.
For vehicles with non-original, self-made or technically modified components, the workshop may refuse to carry out further work if this could compromise the safety or reliability of the work.
5. Spare Parts and Materials
- Unless otherwise agreed, the workshop uses suitable original, OEM, reproduction or equivalent-quality spare parts.
- For classic motorcycles, original parts may no longer be available or may only be obtainable with considerable effort.
- Spare parts supplied by the customer will only be installed with the workshop’s prior consent.
- The workshop accepts no warranty for the quality, suitability or service life of parts supplied by the customer. The customer’s statutory rights against the workshop otherwise remain reserved, insofar as the workshop is responsible for its own fault.
- Parts no longer required will be returned to the customer upon request, provided this is technically and organisationally feasible.
6. Performance of Work
The workshop carries out the agreed work professionally and in accordance with the technical information available to it.
For older motorcycles, complete or up-to-date manufacturer documentation is sometimes no longer available. In such cases, the workshop works according to the available technical documentation, experience and recognised professional principles.
The workshop is entitled to refuse or discontinue work if it becomes apparent during the job that carrying it out is not technically sensible, not safe, or only possible with disproportionate effort.
7. Test Rides and Function Tests
The customer agrees that necessary test rides and function tests may be carried out after repairs or servicing.
Test rides are limited to the extent required for testing.
The workshop is entitled to move the vehicle to the extent necessary for diagnostic, testing and tuning rides.
To the extent permitted by law, the workshop is liable for damage caused during a test ride by conduct for which it is responsible.
8. Vehicle Condition and Liability
The customer is obliged to hand over the motorcycle in a condition that allows the agreed work to be carried out safely.
The workshop is liable within the scope of the statutory provisions for damage it causes culpably.
The workshop is not liable for damage resulting from pre-existing defects, age-related material fatigue, hidden damage or design-related weaknesses, insofar as it is not responsible for such damage.
Liability for normal wear and tear, age-related failures or consequential damage not attributable to faulty workmanship is excluded to the extent permitted by law.
Mandatory statutory liability provisions remain reserved.
9. Electrical and Electronic Components
On older motorcycles, electrical wiring, connectors, control units and other electronic components may be damaged or pre-damaged due to age.
The workshop is not liable for failures of such components unless they were caused by faulty workmanship.
When troubleshooting electrical systems, the actual cause may only be determined after extensive testing or disassembly work.
10. Deadlines and Delivery Times
Agreed completion dates will be met whenever possible.
In repairs and restorations of older motorcycles, delays may occur in particular due to the procurement of spare parts, unexpectedly discovered damage, delivery delays or necessary third-party services.
If an agreed deadline is exceeded for reasons for which the workshop is not responsible, this gives rise to no claim for damages.
The workshop will inform the customer of significant delays as promptly as possible.
11. Collection and Storage of the Motorcycle
- Once the work is complete, the customer will be notified that the motorcycle is ready for collection.
- The motorcycle must be collected within a reasonable period.
- If the motorcycle is not collected despite a request to do so, the workshop may charge the customer reasonable costs for further storage, provided these have been communicated in advance or in a manner appropriate to the circumstances.
- If additional expenses arise due to a significantly delayed collection, these may be passed on to the customer to the extent permitted by law.
12. Invoicing and Payment
Invoices are issued upon completion of the work, unless otherwise agreed.
Invoices are payable without deduction within the payment period stated on the invoice.
In the event of late payment, the workshop may claim default interest and reasonable reminder fees in accordance with the statutory provisions.
For extensive restorations or major repairs, the workshop may request reasonable deposits or instalment payments.
The workshop is entitled to make the release of the motorcycle conditional on full payment of outstanding amounts, insofar as it is entitled to a corresponding statutory right of retention.
13. Ownership of Spare Parts and Removed Parts
Installed spare parts become the property of the customer upon full payment of the corresponding invoice.
Removed old parts generally remain with the workshop unless the customer expressly requests their return.
The disposal of old parts is subject to the statutory regulations.
14. Warranty for Workmanship
Defects in the work performed are subject to the statutory provisions, unless a permissible deviating arrangement has been made in these GTC or in the individual order.
The customer must inspect the vehicle as soon as possible after handover and notify the workshop of any defects found without delay.
The workshop is generally entitled to first inspect a defect for which it is responsible and, if justified, to rectify it.
In particular, there is no warranty claim for damage caused by improper use, third-party interventions, accidents, normal wear and tear or subsequent modifications.
For vehicles of considerable age, high mileage or unknown history, the workshop may agree special warranty conditions for certain work or components. These must be communicated to the customer before the order is placed.
15. Termination of Restoration or Repair Work
If an order is terminated at the customer’s request before the agreed work is completed, the work carried out up to that point, the materials used and any third-party and procurement costs incurred must be paid.
Parts already ordered or manufactured specifically for the vehicle may also be charged to the customer, insofar as they cannot be used otherwise or returned.
If an order is terminated due to a condition discovered during the work that is economically or technically disproportionate, the services provided up to that point will be charged according to the actual effort.
16. Third-Party Services
The workshop is entitled to engage specialised third-party companies for individual tasks, in particular for painting, coating, engine machining, welding, upholstery, tyre or other specialist work.
The customer will be informed of significant third-party services whenever possible.
Third-party services are additionally subject to the respective warranty and liability terms of the third party, to the extent permitted by law.
17. Data Protection
The workshop processes the customer’s personal data only within the scope of the statutory provisions and insofar as this is necessary for business transactions, order fulfilment, communication, invoicing or legal obligations.
Further information on the processing of personal data may be set out in a separate privacy policy.
18. Applicable Law
All contractual relationships between the workshop and the customer are governed exclusively by Swiss law, unless mandatory statutory provisions dictate otherwise.
The provisions of the Swiss Code of Obligations and other mandatory statutory regulations remain reserved.
19. Place of Jurisdiction
The statutory place of jurisdiction applies to any disputes.
To the extent permitted by law, the registered office of the workshop is additionally agreed as the place of jurisdiction for business customers.
20. Severability Clause
Should any provision of these GTC be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The relevant statutory provisions shall apply in place of the invalid provision.
21. Final Provisions
Individual written agreements between the workshop and the customer take precedence over these GTC.
The workshop reserves the right to amend these GTC as required. For orders already placed, the version agreed at the time the contract was concluded generally applies.