SELLER / TRADE IN TERMS
AND CONDITIONS
TRADING AUTO
WESTERN CAPE PROPRIETARY LIMITED
YOUR CONTINUED USE OF OUR WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS AND CONDITIONS AND ALL TERMS AND CONDITIONS OR DOCUMENTS INCORPORATED HEREUNDER BY REFERENCE, INCLUDING:
See: Website and Terms of Use and Privacy Notice: Click Here
See: Offer to Purchase Terms and Conditions (if applicable): Click Here
1.1 “Offer” means the offer to purchase issued by Trading Auto to the Seller after receipt of the Vehicle Disclosure Sheet and subject to these T&Cs.
1.2 “Purchase Price” means the total amount paid (or in some cases payable) by Trading Auto to the Seller.
1.3 Sales Contract” means the Vehicle Disclosure Sheet, these T&Cs and the Offer.
1.4 “Seller” means the beneficial and registered owner of the Vehicle or the duly authorised representative of the beneficial and registered owner of the Vehicle as stipulated in the Vehicle Disclosure Sheet.
1.5 “Seller Nominated Bank Account” means the bank account submitted by the Seller on the Website or otherwise for payment of the Purchase Price.
1.6 “T&Cs” means these Seller / Trade In terms and conditions.
1.7 “Trading Auto”, "we", "our" or "us", means Trading Auto Western Cape Proprietary Limited (T/A Trading Auto Prestige), with company registration number 2021/721950/07, having its service address at Trumali House Trumali Street, Harrington’s Place, Stellenbosch, Western Cape 7600 and (to the extent relevant in the context and legally permissible) shall include our directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries, holding companies and related entities).
1.8 “Vehicle” means the Vehicle (and all of its parts and accessories) to be sold by the Seller to Training Auto as described in Vehicle Disclosure Sheet.
1.9 “Vehicle Disclosure Sheet” means the online or manual form completed by the Seller comprising the Vehicle information, Seller information, and supporting documentation including but not limited to proof of ownership of the vehicle;
1.10 “Vehicle Information” means the information provided by the Seller in relation to the Vehicle whether provided through the Website of otherwise and shall include but not be limited to information such as a description of the Vehicle, its warranty period, service plan, known defects in the Vehicle.
1.11 “Website” means the Website of the Seller at https://tradingauto.co.za/. and shall include all services rendered by Trading Auto thereon.
2.1 These T&Cs shall cover instances where, a Seller engages Trading Auto to purchase its Vehicle either:
2.1.1 via the Website; or
2.1.2 directly in accordance with Trading Auto’s standard processes.
3.1 Only approved Sellers may use the Website.
3.2 To become an approved Seller, you will need to complete the registration process, on our Website, where you will be prompted to provide us with login details and to submit certain personal information (in line with our Privacy Notice). In completing the application process, you warrant that you have the requisite authority to bind the Seller to these T&Cs.
3.3 You will be responsible for safeguarding and protection your login credentials and bound by and liable for any activity on the Website done under or using your login credentials (irrespective of whether such was fraudulent or unauthorised) and you indemnify us against any and all loss, damage or claims arising in this respect.
3.4 As part of the registration process, you consent to providing us with certain mandatory legal information and any/all other documents and/or information as we may reasonably require for vetting purposes. Further you hereby authorise us to verify the information that you provide, to obtain credit reports on you, from time to time, and warrant that the information provided is true and correct.
3.5 The decision to approve a potential Seller shall be entirely at Trading Auto’s sole discretion.
4.1 Trading Auto shall not engage in the selling or trading of any “Prohibited Vehicles’, which, by submitting a Vehicle Disclosure Sheet”, you warrant your Vehicle is not
4.2 Prohibited Vehicles shall mean: any Vehicles (including any accessories and/or parts) that:
4.2.1 you are not authorised to sell;
4.2.2 are defective or damaged (and where such is not disclosed in the Vehicle Disclosure Sheet);
4.2.3 are stolen and/or recovered;
4.2.4 are grey imports; or
4.2.5 are not in compliance with applicable laws.
4.3 By providing us with the Vehicle Disclosure Sheet, you warrant that the Vehicle Information is accurate, up to date and complete.
5.1 The Sales Contract will come into effect upon the acceptance by the Seller of the Offer provided by Trading Auto, and subject to:
5.1.1 final inspection by the Trading Auto of the Vehicle (which may be waived at Trading Auto’s sole discretion); and
5.1.2 provision by the Seller of the information/documents required in clause 6.
6.1 Trading Auto will pay the Purchase Price, via electronic funds transfer into the Seller’s Nominated Bank Account, within 3 (three days) of receipt of all of the following information/ documents from you:
6.1.1 a roadworthy certificate for the Vehicle (which for the avoidance of doubt, shall be for the Seller’s account);
6.1.2 a copy of your ID or in the case of a company or close corporation its registration documents with CIPC;
6.1.3 if applicable, a proof of ownership certificate of the Vehicle from the bank;
6.1.4 if applicable, a settlement letter from the Third-Party Seller’s bank;
6.1.5 a completed and signed Notification of Change of Ownership (NCO Form);
6.1.6 the Vehicle Registration Certificate/the NATIS Document; and
6.1.7 if available, the service book and any Vehicle repair receipts.
6.2 You are responsible for ensuring that the Seller’s Nominated Bank Account details are correct and hereby indemnifies Trading Auto against any and all loss you may suffer in the event that the Seller Nominated Account details are incorrect.
7.1.1 deliver the Vehicle to the Trading Auto (unless Trading Auto has agreed in writing in advance to collect the Vehicle, in which case to make the Vehicle available for collection); and
7.1.2 remove any personal possessions from the Vehicle and reset any devices on which personal details or information is stored. Trading Auto will not be responsible for any personal items left in the Vehicle.
8 SELLER WARRANTIES
8.1 Without derogating from the provisions contained in clause 4, the Seller warrants and represents that:
8.1.1 the Seller is beneficial and registered owner of the Vehicle or the duly authorised representative of the beneficial and registered owner of the Vehicle and has full title / authority to sell the Vehicle to Trading Auto;
8.1.2 no person other than the Seller has any right in or to the Vehicle and it is not subject to any right of retention or other legal impediment;
8.1.3 to the best of the Sellers knowledge (save as disclosed on the Vehicle Disclosure Sheet to Trading Auto), the Vehicle has not been in any accidents or written off by any insurance company or sold through a salvaged disposal company;
8.1.4 the Seller shall provide and sign all necessary documentation to facilitate the transfer of the Vehicle to Trading Auto;
8.1.5 the Vehicle is not subject to any financing arrangements and is fully paid up or Trading Auto is hereby authorised by the Seller to settle any amount owing to the financial institution, or any third party, for the Vehicle;
8.1.6 all information provided by the Seller regarding the Vehicle is both true and correct; and
8.1.7 there are no outstanding fines in relation to the Vehicle and the licence is up to date.
8.2 The Seller hereby indemnifies Trading Auto against any loss, damage or claims arising from or in relation to a breach of any of the warranties contained in clause 3.2 by the Seller. Further, the Seller acknowledges that it shall be liable for any loss, damage or claims suffered by a customer of Trading Auto, arising from or in relation to a breach by the Seller of any of these warranties.
9.1 The Seller sells the Vehicle to the Trading Auto with a six month warranty. In the event of any defect materialising within six months of Trading Auto taking delivery of the Vehicle, Trading Auto may elect to return the Vehicle to the Seller and the Seller shall immediately refund Trading Auto the Purchase Price. Alternatively, Trading Auto may elect to repair the vehicle and the Seller will be liable for the repair costs.
9.2 The Seller agrees that Trading Auto may either cancel the Contract or reduce the Purchase Price of the Vehicle if in Trading Auto’s reasonable opinion:
9.2.1 the Vehicle is not in the same condition at delivery as it was when Trading Auto valued it;
9.2.2 if the year of manufacture and/or the date of first registration or any other information that the Seller supplied in respect of the Vehicle is incorrect; or
9.2.3 the Vehicle is not in the condition described by the Seller, in instances where Trading Auto did not have the opportunity to inspect the Vehicle prior to taking delivery.
7 LAW, JURISDICTION
7.1 The Contract is subject to the substantive laws of South Africa and the parties submit to the jurisdiction of the Magistrate Courts in the Western Cape to hear any dispute relating to the Contract.
8 NOTICES FOR LEGAL SERVICE AND CONTACT INFORMATION (DOMICILIUM CITANDI ET EXECUTANDI)
8.1 For the purposes of legal proceedings and for giving or sending any notice the parties choose the following addresses:
8.1.1 Trading Auto: Trumali House Trumali Street, Harrington’s Place, Stellenbosch, Western Cape 7600, and
8.1.2 Seller: to the email provided in the Vehicle Disclosure Sheet.
8.2 All notices given under these T&Cs must:
8.2.1 be given in writing;
8.2.2 be delivered physically by courier or sent by email (in both cases with proof of a delivery receipt); and
8.2.3 will be presumed to have been received on the date of the delivery receipt.
9.1 The Seller may not cede, assign or otherwise transfer your rights and obligations in terms of the Contract to any third party.
9.2 If any conflict exists between the Vehicle Disclosure Sheet and these T&Cs and the Offer, the terms of the Offer will prevail followed by these T&Cs.
9.3 Any failure by Trading Auto to enforce any of our rights in terms hereof shall not constitute a waiver. Any indulgence, extension of time, relaxation, or latitude by Trading Auto shall not constitute a waiver of that party’s rights.
9.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
9.5 No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future be available under any law.
9.6 The Contract constitutes the entire agreement between the parties and no variation, addition, deletion, or agreed cancellation of the Contract will be of any force or effect unless reduced to writing and signed by both parties.
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