Auto Consignment Agreement Template for Switzerland

The Auto Consignment Agreement is a specialized contract used in Switzerland when a vehicle owner wishes to sell their vehicle through a professional dealership while retaining ownership until the final sale. This document is particularly relevant for high-value vehicles, classic cars, or situations where owners prefer professional handling of the sales process. The agreement must comply with Swiss commercial law, particularly the Code of Obligations (OR) regarding agency and sales contracts. It details crucial elements such as vehicle valuation, commission structures, insurance requirements, and sales authorization terms. The document serves to protect both parties' interests by clearly defining responsibilities, liability allocation, and payment procedures throughout the consignment period.

1. Parties: Identification of the consignor (vehicle owner) and consignee (dealer), including full legal names, addresses, and registration details

2. Background: Brief context explaining the purpose of the agreement and the parties' intentions regarding the vehicle consignment arrangement

3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Consignment Period', 'Sale Price', 'Commission', etc.

4. Appointment and Scope: Terms of the dealer's appointment as consignee and the scope of authority to sell the vehicle

5. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, condition, and existing warranties

6. Consignment Period: Duration of the consignment arrangement, including start date, end date, and renewal terms

7. Pricing and Commission: Agreed minimum sale price, commission structure, and payment terms

8. Responsibilities of Consignee: Dealer's obligations regarding vehicle display, maintenance, marketing, and sales efforts

9. Responsibilities of Consignor: Vehicle owner's obligations including providing documentation and maintaining valid registration

10. Insurance and Risk: Insurance requirements and allocation of risk during the consignment period

11. Vehicle Maintenance and Storage: Terms for vehicle storage, maintenance, and permitted use during consignment

12. Sales Process: Procedures for price negotiation, acceptance of offers, and completion of sale

13. Payment Terms: Process for handling sale proceeds, commission payment, and transfer of funds

14. Termination: Conditions and process for early termination of the agreement

15. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures