CUSTOMER OFFER TO PURCHASE TERMS AND
CONDITIONS
TRADING AUTO WESTERN CAPE PROPRIETARY LIMITED
See: Website and Terms of Use and Privacy Notice: Click Here
See: Trade-in / Sale Terms and Conditions (if applicable): Click Here
1. DEFINITIONS
1.1. “Contract” means the Offer (including these terms and conditions(“T&Cs”)) and the Invoice & Vehicle Information Sheet.
1.2. “Invoice & Vehicle Information Sheet” means the tax invoice containing the description of the Vehicle, purchase price and details of Value-Added Services, issued to me by the Seller at acceptance of the Offer.
1.3. "Offer" means this Offer to Purchase that I make via the Website, or directly in accordance with Trading Auto’s standard processes, to the Seller on the terms and conditions contained in this document
1.4. “Purchaser”, "I", "me", and "my" refer to the purchaser as detailed in the Offer.
1.5. “Purchase Price” means the total amount paid (or payable) by the Purchaser to the Seller for the Vehicle including any additional amounts for value-added services selected by the Seller, as reflected in the Invoice & Vehicle Information Sheet.
1.6. “Seller” means Trading Auto Western Cape Proprietary Limited (T/A Trading Auto Prestige), with company Registration Number 2021/721950/07, having its address (for delivery and service purposes being) 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 the Seller’s directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries, holding companies and related entities).
1.7. “Value Added Services” means the support and value-added services provided by Trading Auto, as selected by me through the Website or directly in accordance with Trading Auto’s standard processes, and as more fully set out in clause 9 and10.
1.8. "Vehicle", refers to the Vehicle or Vehicles as defined on Invoice & Vehicle Information Sheet.
1.9. “Website” refers to the Website of the Seller at https://tradingauto.co.za/.
2. CONSUMER DISCLOSURES
2.1. This Contract may contain provisions that:
2.1.1. limit our and/or other third parties’ liability towards you;
2.1.2. place certain assumptions of risk on you (including certain undertakings and indemnifications) towards us and/or other third parties; and
2.1.3. includes certain admissions of facts.
2.2. Nothing in these T&Cs is intended to contravene the applicable provisions of the Consumer Protection Act, 2008 or any similar legislation in any applicable jurisdiction. These T&Cs must be treated as being qualified, to the extent necessary, to ensure compliance with all applicable laws.
3. REGISTRATION AND USE OF THE WEBSITE
3.1. Only registered users may submit an Offer for any Vehicles through the Website.
3.2. In order to become a registered user, the registration process will need to be completed, on the Website, login details together with certain personal information will be provided to the Seller (in line with Privacy Notice ). The process allows you to transition from being a browser to being able to order and/or procure a Vehicle/s.
3.3. I agree and warrant that my login details will only be used for personal use and not disclosed to any other third party.
3.4. If I become aware of, or reasonably suspect, any unauthorised use of or access to my account or login details, I will notify the Seller of this immediately and take all reasonable steps to mitigate any potential loss or harm in this regard.
4. ORDERING AND AVAILABILITY OF STOCK
4.1. The Seller does not guarantee the availability of any Vehicles and all advertisements and quotations shall not be regarded as binding offers but merely invitations.
4.2. All Offers may be submitted either:
4.2.1. via the Website; or
4.2.2. directly in accordance with Trading Auto’s standard processes.
4.3. If an Offer is rejected, the Seller will notify the Purchaser of such and will cancel the order.
5. CONCLUSION OF CONTRACT
5.1. A binding Contract will come into effect upon acceptance of the Offer by the Seller, through the Seller the issuing an Invoice & Vehicle Information Sheet to the Purchaser.
5.2. I acknowledge and agree that until the Seller accepts the Offer, the Seller will not be obliged to make available or deliver the Vehicle to me.
6. VEHICLE CONFIRMATIONS
6.1.1. I have inspected the Vehicle including odometer readings and any available service books and confirm that the Vehicle is fit for the purpose for which I am purchasing it;
6.1.2. I have not relied on the Sellers advertisement or Website regarding any description or specifications of the Vehicle and have done sufficient research and inspection to ensure that I have all the information I require;
6.1.3. where applicable, I have read and understood and will maintain and use the Vehicle in accordance with the terms of the manufacturer’s service/maintenance plan and user’s manual, as well as the terms of any insurance coverage including mechanical breakdown insurance;
6.1.4. where applicable, I understand that I am required to attend to the transfer (at my expense) of the manufacturer warranty, maintenance and/or service plans into my name;
6.1.6. I accept that due to the Vehicle having been subject to previous use, that one or more of its component parts, due to wear and tear and age, could fail at any time, at no fault of the Seller in any way, after I take delivery of the Vehicle and I am prepared to purchase the Vehicle with the full understanding of this risk;
6.1.7. I accept that the Vehicle is of the quality and in working order and in the condition as set out above in 6.1.5 and 6.1.6;
6.1.8. I accept that the Vehicle will be usable and durable for a reasonable period of time only, having regard to the following:
§ my intended use of the Vehicle;
§ the age and extensive use that the Vehicle has already been subjected to and that due to the wear and tear, age and usage of the Vehicle that the components may fail after delivery of the Vehicle;
§ the use to which the Vehicle was normally put to;
§ the standard of maintenance of the Vehicle;
§ the existing level of wear and tear;
§ if applicable, my choice not to accept the offered Mechanical Breakdown Insurance which would otherwise have fully or partly covered the failure of some of the components that may fail;
6.1.9. I accept that I am responsible for repairs due to any mechanical failure after delivery unless the Vehicle has mechanical breakdown insurance. Should this purchase be subject to a finance agreement, I accept that this being a pre-owned Vehicle, I should purchase a mechanical breakdown warranty to cover any failure of the parts covered in the said warranty;
6.1.10. I accept that the Seller does not warrant that the Vehicle is in good working order, free from any defects or that any components meet the specifications of the manufacturer; and
6.1.11. I accept that a motor vehicle is a dangerous object and that the incorrect use thereof may lead to injury or death and that the Vehicle should be used in accordance with the manufacturer's specifications. I further acknowledge that the Vehicle is propelled by a flammable liquid and contains harmful, flammable material, components containing electrical current as well as hot and pressurized gases, liquids, and solids. I hereby undertake to, at all times from date of delivery of this Vehicle, to use and service the aforementioned Vehicle to the manufacturer's specifications failing which I will absolve the Seller from any liability whatsoever.
7. DELIVERY & RISK
7.1. I accept that the Seller will not deliver the Vehicle outside of 50-kilometre radius from the Seller’s premises and I will need to arrange my own transport in this regard.
7.2. Where my delivery address is within a 50 kilometre radius of the Seller’s premises, I accept and agree that delivery of the Vehicle will be made:
7.2.1. on the date and at the time as agreed with the Seller at the Sellers’ premises; or
7.2.2. on any other date and time and/or premises as the Seller may reasonably advise me.
7.3. I accept and acknowledge that the Seller will attempt to deliver the Vehicle to me on the agreed date and time, but that the delivery may be delayed due to factors beyond the Sellers control. In such instances the Seller will communicate any delays to me.
7.4. If the Seller accepts this Offer, I acknowledge and agree that:
7.4.1. risk in the Vehicle shall pass to me on delivery; and
7.4.2. the Seller will continue to own the Vehicle until I have paid the full Purchase Price to the Seller.
8. PAYMENT & PURCHASE PRICE
8.1. The Purchase Price will be reflected in the Invoice & Vehicle Information Sheet and will:
8.1.1. be inclusive of VAT (to the extent that VAT applies) but may not necessarily inclusive of any and all other applicable taxes; and
8.1.2. not include the cost of delivery of the vehicle (if applicable), including any customs duties and/or applicable taxes).
8.2. I will effect payment of the Purchase Price, within 7 days of the date of the Invoice & Vehicle Information Sheet and prior to the delivery of the Vehicle.
8.3. Payment will be made by me by:
8.3.1. Cash via Electronic Funds Transfer (EFT) or Bank Transfer to a bank account nominated by the Seller;
8.3.2. Cryptocurrency into the Seller’s approved cryptocurrency wallet, which process is managed by 6DOT50 being an affiliate of the Seller; and/or
8.3.3. Financing via a registered credit provider.
9. THIRD-PARTY TRADE FINANCE SERVICES
9.1. As part of its services, Trading Auto will facilitate and/or offer its Purchasers the ability to procure third-party trade finance in respect of the Vehicle.
9.2. If the Vehicle is to be financed by a credit provider, you hereby acknowledge and agree that:
9.2.1. the Seller will obtain the Purchase Price or portion thereof (as the case may be) directly from the credit provider;
9.2.2. the Seller is authorised to apply to any registered credit provider on my behalf for the granting of such finance and agree that the Seller may disclose and divulge all my personal information that may be required to any such credit provider;
9.2.3. the Seller does not guarantee any registered credit provider will provide financing to me;
9.2.4. any agreement in relation to the provision of finance will be between me and the registered credit provider;
9.2.5. the procuring of finance and/or use of the finance services may be subject to additional fees and charges;
9.2.6. the Seller shall not be held liable in connection with any financing arrangement and I hereby indemnify the Seller against any damages, loss or claims in this respect;
9.2.7. any dispute with the registered credit provider in connection with the transaction shall be resolved between the credit provider and myself. Notwithstanding the provisions under this Contract, it is not the Seller’s obligation to resolve or assist in any way in the resolution of such dispute; and
9.2.8. the finance facilitation services offered by the Seller shall in no way be construed as the provision of banking or financial services.
9.3. I acknowledge that any deposit paid by me to the Seller will be deducted from the balance due of the total Purchase Price.
9.4. I acknowledge that should I decide to pay the deposit to the Seller Bank Account in CASH instead of Electronic Funds Transfer, that I will be held liable to pay for the Bank Cash Handling Fee charged by the Bank.
9.5. I accept that additional amounts over and above the advertised purchase price may be applicable as stipulated on the Website .
9.6. All information and documentation I provided for the purposes of identification and verification under the Financial Intelligence Centre Act, 2001 are up-to-date, true and correct.
10.1. In addition to assisting with obtaining financing for the Vehicle, the Seller also offers and provides a number of additional Value-Added Services, which I may select in my Offer, and which will incur an additional charge.
10.3.I accept that with regard to any insurance and/or warranty products:
10.3.1. the Seller is authorised to apply to any third-party provider on my behalf for the granting of such insurance and/or warranties and agree that the Seller may disclose and divulge all my personal information that may be required to any such third-party provider;
10.3.2. the Seller does not guarantee any third-party provider will provide insurance or warranty products to me;
10.3.3. any agreement in relation to the provision of insurance and/or warranties will be between me and the third-party provider;
10.3.4. the procuring of insurance and/or warranties may be subject to additional fees and charges;
10.3.5. the Seller shall not be held liable in connection with any insurance and/or warranty arrangement and I hereby indemnify the Seller against any damages, loss or claims in this respect;
10.3.6. any dispute with a third-party provider in connection the insurance and/or warranties shall be resolved between the third-party provider and myself. Notwithstanding the provisions under this Contract, it is not the Seller’s obligation to resolve or assist in any way in the resolution of such dispute.
11. CONDITIONS RELATING TO TRADE-IN’S (IF APPLICABLE)
11.1.The terms and conditions of sale relating to the Purchaser’s Trade-In Vehicle (Seller/Trade-in Terms and Conditions) are available here and incorporated in this Contract.
12. RETURNS
12.1. If and to the extent the Consumer Protection Act, 2008 (CPA) is applicable and the Vehicle is out of warranty, and a defect (as defined in the CPA) is discovered within 6 months from the date of delivery of the Vehicle to the Purchaser, there may be instances where the Purchaser will be entitled to return the Vehicle to the Seller for repair, refund or replacement.
12.2. In the event that I should be entitled to return the Vehicle, I acknowledge and accept that:
12.2.1. the refund of the Purchase Price would be subject to the CPA and the rights and obligations of the relevant credit provider under the National Credit Act, 2005 (in the event that the purchase is financed by a credit provider);
12.2.3. I shall be liable for the amount the vehicle has devalued, calculated from the time of delivery to the time of return;
12.2.4. I shall be liable for the costs of all value-added products and services which I accepted prior to me purchasing the Vehicle;
12.2.5. I shall be liable for any damage to the Vehicle; and
12.2.6. in the event that I traded in a Vehicle, I shall be obligated to accept this Vehicle back, providing the Seller has not already sold the Vehicle.
12.3. I acknowledge and confirm that this transaction was not initiated by the Seller and that I have not been coerced or forced into this Agreement. I further acknowledge that I am aware of my rights under the CPA.
13. LIMITATION OF LIABILITY AND INDEMNITY
13.1. As far as is legally permissible:
13.1.1. the Seller’s liability, howsoever, arising, shall be limited to the received Purchase Price of the Vehicle to which the liability relates;
13.1.2. the Seller shall not be liable for any direct, indirect, incidental, punitive, special or consequential loss or damages; and
13.1.3. I hereby indemnify the Seller against any loss, claim or damage, of whatsoever nature, which I may suffer or any third party may suffer, arising from my use of the Vehicle or the Website and/or which exceed the Seller’s limitation of liability and/or arises from my breach of any of the provisions of the Contract.
13.2. As far as is legally permissible, the Seller excludes all implied warranties and representations that might apply in relation to the Vehicle as well as the use of the Website.
13.3. The Website shall be used entirely at my own risk. See further: Website and Terms of Use.
14. NOTICES FOR LEGAL SERVICE AND CONTACT INFORMATION (DOMICILIUM CITANDI ET EXECUTANDI)
14.1. For the purposes of legal proceedings and for giving or sending any notice the parties choose the following addresses:
14.1.1. Trading Auto: Trumali House Trumali Street, Harrington’s Place, Stellenbosch, Western Cape 7600, and
14.1.2. Purchaser: the email provided by them in their Offer .
14.2. All notices given under these T&Cs must:
14.2.1. be given in writing;
14.2.2. be delivered physically by courier or sent by email (in both cases with proof of a delivery receipt); and
14.2.3. will be presumed to have been received on the date of the delivery receipt.
15. LAW, JURISDICTION, ARBITRATION
15.1.Nothing in this clause shall preclude either party from seeking urgent interim relief or summary judgement from any South African court or a body of competent jurisdiction.
16. DISPUTE RESOLUTION
16.1.These T&Cs are subject to the substantive laws of South Africa.
16.2. Should the parties be unable to resolve any dispute within 5 days from when it arose, the parties elect to have the dispute referred to the Motor Industry Ombudsman and hereby unconditionally and irrevocably agree to subject themselves to the jurisdiction of the Motor Industry Ombudsman of South Africa as an alternative dispute resolution agent to mediate and or conciliate in the matter.
16.3. The parties acknowledge that if the dispute cannot be resolved between themselves through mediation, any of the parties hereto may declare a dispute in terms of the arbitration rules as displayed on the Motor Industry Ombudsman’s Website or a copy thereof which can be purchased from the Motor Industry Ombudsman.
16.4. Nothing in this clause shall preclude either party from seeking urgent interim relief or summary judgement from any South African court or a body of competent jurisdiction.
17. GENERAL
17.1. If any of the terms and conditions in this Contract are found to be invalid, then that will not invalidate the remainder of this Contract.
17.2. If any conflict exists between the Offer (including these terms and conditions) and the Invoice & Vehicle Information Sheet, the terms of the Vehicle Information Sheet shall prevail.
17.4. I will not cede, assign or otherwise transfer your rights and obligations in terms of this Contract to any third party, without the prior written consent of the Seller.
17.5. Any failure by Trading Auto to enforce any of our rights in terms of this Contract 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.
17.6. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
17.7. No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future be available under any law.
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