THIRD PARTY SALE TERMS AND CONDITIONS
(T&Cs)
TRADING AUTO WESTERN CAPE PROPRIETARY LIMITED
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1. INTRODUCTION
1.1. Trading Auto offers an e-commerce platform that allows third party private sellers to list and sell vehicles though its Website.
1.2. These terms and conditions apply to all third parties selling their vehicles on Trading Auto’s website and to all purchasers purchasing such vehicles. Trading Auto will provide the Support Services; however it is not a party to the actual Vehicle sale transaction, which is between the Third-Party Seller and the Purchaser.
1.3. The third parties selling on this website are not dealers and are private sellers. Accordingly, the terms of the Consumer Protection Act, 2008 are unlikely to apply It is therefore highly recommended that a Purchaser fully inspects the Vehicle prior to concluding the sale.
2. DEFINITIONS
2.1. “Purchaser” means the persons purchasing the Vehicle from the Third-Party Seller via the Website.
2.2. “ Purchase Price ” means the total amount payable by the Customer for the purchase of the Vehicle (which shall be made up of the amount payable to the Purchaser for the Vehicle plus any applicable Service Fees).
2.3. “ Support Services ” means the provision of the Website and other selected support and value-added services provided by Trading Auto, and listed on the Website, and as more fully set out in clause 5.3
2.4. “ Service Fees ” means the fees payable to Trading Auto for the provision of the Support Services as more fully set out in clause 6.
2.5. “ Third Party Seller” means the third-party private sellers advertising the Vehicle on the Website.
2.6. “ Third-Party Seller Nominated Bank Account ” means the bank account submitted by the Third-Party Seller on the Website for payment of the Purchase Price (less any applicable Service Fees);
2.7. “ Trade Finance Support Services ” means the facilitation services offered by Trading Auto to Purchasers where they are offered the option to procure third party trade finance to purchase the Vehicle, as more fully detailed in clause 6.
2.8. “ Trading Auto ” means Trading Auto Western Cape Proprietary Limited (T/A Trading Auto Prestige), with registration number 2021/721950/07, and 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 its directors, officers, employees, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
2.9. "Vehicle/s" means the vehicle/s (including all accessories) advertised and sold by the Third-Party Seller/s on the Website.
2.10. “Vehicle Information” means the information on the Website, provided by the Third Party Seller through the Website or otherwise and that forms part of the Vehicle advert on website which must include, but is not limited to, Purchase Price, Vehicle type, model, year, service history including copies of the service book pages, proof of ownership or authority to sell the vehicle, condition including details of any damage or defects, details of any remaining warranty, service plans, maintenance plans, photos in accordance with specifications prescribed on Website.
2.11. “User(s)” means registered Users of the Website, which depending on the context will be either or both the Third-Party Seller and/or Purchaser.
2.12. “Website” refers to the Website of the Trading Auto at https://tradingauto.co.za/ .
3. REGISTRATION AND USE OF THE WEBSITE
3.1. Only approved registered Users may list Vehicles for sale and/or 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 Trading Auto (in line with Website and Terms of Use.).
3.3. Users will be responsible for safeguarding and protecting their login credentials and bound by and liable for any activity on the Website done under or using their login credentials (irrespective of whether such activity was fraudulent or unauthorised). Users indemnify Trading Auto against any and all loss, damage or claims arising in this respect.
3.4. If a User becomes aware of, or reasonably suspects, any unauthorised use of or access to its account or login details, the User will notify Trading Auto of this immediately and take all reasonable steps to mitigate any potential loss or harm in this regard.
3.5. In completing the registration process, the User confirms that it is responsible for ensuring and warrants that it is, legally permitted to use the Website and Support Services and to execute and fulfil any Vehicle sale agreement.
3.6. The decision to approve a User’s registration on the Website is entirely at Trading Auto’s discretion.
4. LISTING OF VEHICLES ON THE WEBSITE AND VEHICLE INFORMATION
4.1. Once a Third-Party Seller’s registration is approved, it will be able to list Vehicles on the Website, save for any “Prohibited Vehicles”.
4.2. Prohibited Vehicles shall mean: any Vehicles (including any accessories and/or parts):
4.2.1. that are defective, damaged, stolen and/or recovered;
4.2.2. that are not in compliance with applicable law;
4.2.3. that are grey imports;
4.2.4. that have previously been written-off;
4.2.5. the Third-Party Seller is not authorised to sell; and
4.2.6. that Trading Auto deems, in its sole discretion, to be unsuitable.
4.3. Notwithstanding the above, Third-Party Sellers may, at Trading Auto’s sole discretion, be permitted to sell Vehicles on the Website that do not comply with clause 4.2.1 where the Vehicles and their sale:
4.3.1. still comply with applicable law;
4.3.2. all defects or damages are expressly detailed by the Third-Party Seller in the Vehicle Information, and
4.3.3. (the Third-Party Seller discloses in the Vehicle Information any and all limitations and/or deviations on the Vehicles’ warranty (standard or extended) and such deviation is still legally permissible
(“ Pre-Disclosed Damaged Vehicles ”).
4.4. Trading Auto is entitled, at any time, to remove any listed Prohibited Vehicles from the Website and/or to cancel any Purchaser offers in respect of Prohibited Vehicles.
4.5. In order to list a Vehicle on the Website, the Third-Party Seller will need to provide Trading Auto with the Vehicle Information.
4.6. The Third-Party Seller warrants that Vehicle Information provided is accurate, up to date and complete.
4.7. A listing of the Vehicle on the Website shall in no way constitute any warranty or representation by Trading Auto that it has checked the accuracy or completeness of the Vehicle Information, or any other information provided by the Third-Party Seller.
4.8. As far as is legally permissible, Trading Auto shall not be liable for any loss, damage or claim (including third party claims) suffered or incurred as a result of the use of the Website, the provision of the Support Services, any Prohibited Vehicles listed on the Website and/or any error in the Vehicle Information – whether the error arose due to the Third-Party Seller’s fault or action, a delay in Trading Auto updating any information on the Website, or any other cause.
5. SALE SUPPORT, PROCESS AND OFFERS
5.1. When selling their Vehicle all Third Party-Sellers can select from different listing options, available on the Website, to sell their Vehicles, at present these listing options are:
5.1.1. Listing Option 1 : Virtual Listing Only;
5.1.2. Listing Option 2: Vehicle Consignment Management.
5.2. After the Third-Party Seller has provided the Vehicle Information, the Vehicle will be made available for sale on the Website and displayed on the Website until the Third-Party Seller notifies Trading Auto that the Vehicle is no longer available or should be removed from the Website.
5.3. Purchasers will then be able to make an offer on the Vehicle via the Website.
5.4. All Purchaser offers are subject to:
5.4.1. final inspection by the Purchaser of the Vehicle; and
5.4.2. provision by the Third-Party Seller of the information required in clause 6.4.
6. SALES SUPPORT SERVICES, SERVICE FEES AND OTHER EXPENSES
6.1. As part of its offering, Trading Auto offers a number of Support Services to Third-Party Sellers as well as to Purchasers.
6.2. The Support Services provided will depend upon the listing option selected by the Third-Party Seller, and any other Support Services, selected by the Parties as part of the sales process.
6.3. The Third-Party Seller will be required to select their required Support Services when listing a Vehicle on the Website. Alternatively in writing and subject to Trading Auto’s acceptance.
6.4. In consideration for such Support Services the Third-Party Seller will pay Trading Auto the Service Fees which include:
6.4.1. a listing fee (which amount shall be specified on the Website) and payable upfront by the Third-Party Seller at the time of listing the Vehicle for sale on Website; plus
6.4.2. Service Fees (which amount shall be specified on the Website) for all other Support Services, which shall be deducted from the Purchase Price, and invoiced to the Third-Party Seller, prior to Trading Auto transferring the Purchase Price to the Third-Party Seller.
6.5. In the event that the Purchaser requires any Support Services, in particular Third-Party Trade Finance services, the Purchaser shall pay Trading Auto a facilitation fee (as per the consignment management transaction fees schedule ). Trading Auto shall invoice the Purchaser and the Purchaser shall pay the invoice within 3 (three) days of the date of the invoice.
7.1. As part of its Support Services, Trading Auto will offer Purchasers the option of Trade Finance Support Services, where Purchasers will be able to procure trade finance from third party registered credit providers (“Credit Provider”).
7.2. The Purchaser and Third-Party Seller (as applicable) agree that:
7.2.1. Trading Auto shall not be held liable in connection with any third-party financing arrangement and the Purchaser and Third-Party Seller indemnify Trading Auto against any damages, loss or claims in this respect;
7.2.2. Trading Auto will receive the Purchase Price directly from the Credit Provider;
7.2.3. Trading Auto does not guarantee that a Credit Provider will provide financing to the Purchaser;
7.2.4. any agreement in relation to the provision of finance will be between the Purchaser and the Credit Provider;
7.2.5. the finance facilitation services offered by Trading Auto shall in no way be construed as the provision of banking or financial services;
7.2.6. the Purchaser and Third-Party Seller authorise Trading Auto to disclose information to the Credit Provider in connection with the Credit Provider’s provision of financing for the sale of the Vehicle; and
7.2.7. any dispute with the Credit Provider in connection with the sale of the Vehicle shall be resolved between the Credit Provider, the Purchaser and the Third-Party Seller. Notwithstanding the provisos under this Agreement, it is not Trading Auto’s obligation to resolve or assist in any way in the resolution of such dispute.
8. PAYMENT OF PURCHASE PRICE .
8.2. The Purchaser will pay and transfer the Purchase Price once the Third-Party Seller has provided:
8.2.1. a roadworthy certificate for the Vehicle;
8.2.2. a copy of his/her ID or in the case of a company or close corporation its registration documents with CIPC;
8.2.3. if applicable, a proof of ownership certificate of the Vehicle from the bank;
8.2.4. if applicable, a settlement letter from the Third-Party Seller’s bank;
8.2.5. a completed and signed Notification of Change of Ownership (NCO Form);
8.2.6. the Vehicle Registration Certificate/the NATIS Document; and
8.2.7. if available, the service book and any vehicle repair receipts.
8.3. Depending on the listing option selected by the Third-Party Seller (which will be notified to the Purchaser), the Purchaser shall pay the Purchase Price:
8.3.1. In the case of Listing Option 1: Virtual Listing Only ; directly into the Third-Party Seller’s Nominated Bank Account; or
8.3.2. In the case of Listing Option 2: Vehicle Consignment Management to Trading Auto via electronic fund transfer into the following bank account:
Bank Name: Capitec Business
Account Name: TRADING AUTO WESTERN CAPE PTY LTD
Account Type: Current
Account Number: 1050930584
Branch Name: Mid Commercial
Branch Code: 450105
SWIFT Address: CABLZAJJ
and once Trading Auto has received the Purchase Price from the Purchaser, it will transfer the Purchase Price (less any applicable Service Fees) to the Third-Party Seller’s Nominated Bank Account.
8.4. The Purchaser shall ensure that it pays the correct bank account and shall ensure the security of the payment process of the Purchase Price. The Purchaser hereby indemnifies Trading Auto against any loss it or the Third-Party Seller may suffer in the event that the payment is misappropriated before reaching and clearing within Trading Auto’s bank account.
8.5. The Third-Party Seller is responsible for ensuring that the Third-Party Seller Nominated Bank Account details are correct and hereby indemnifies Trading Auto against any and all loss the Third-Party Seller may suffer in the event that the Third-Party Seller Nominated Account details are incorrect.
9. VEHICLE HANDOVER AND TRANSFER OF OWNERSHIP
9.1. Once the Purchase Price has been received from the Purchaser, the Third-Party Seller must:
9.1.1. deliver the Vehicle to the Purchaser; or
9.1.2. make the Vehicle available for collection by the Purchaser; and
9.1.3. 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 in the Vehicle once the Vehicle is in the possession of the Purchaser.
9.2. Ownership, title and risk in and to the Vehicle will pass to the Purchaser on receipt of payment of the Purchase Price.
10. TAXES AND DUTIES
10.1. The Third-Party Seller and Purchaser (as applicable) shall be solely responsible for the payment of all taxes, duties, levies, fees or charges, howsoever arising, associated with the offer or sale of the Vehicle.
10.2. All fees payable to Trading Auto under these T&Cs are exclusive of all applicable taxes and the Third-Party Seller and/or Purchaser (as applicable) shall be liable for such taxes.
11. LIMITATION OF LIABILITY
11.1.1. The use of the Website is entirely at your own risk. See further: Website Terms of Use
11.2. As far as is legally permissible:
11.2.1. Trading Auto’s cumulative liability, howsoever, arising, shall be limited to the aggregate Service Fees paid by the Third-Party Seller and Purchaser to Trading Auto;
11.2.2. Trading Auto shall not be liable for any direct, indirect, incidental, punitive, special or consequential loss or damages;
11.2.3. The Third-Party Seller and Purchaser hereby indemnify Trading Auto against any loss, claim or damage, of whatsoever nature, which may be suffered by the Third-Party Seller, the Purchaser and/or any third party, arising from their use of the Website and/or which exceed Trading Auto’s limitation of liability and/or arises from your breach of any of the provisions of these T&Cs.
12. RELATIONSHIP OF THE PARTIES
12.1. Trading Auto and the Third-Party Seller and Purchaser are independent from one another. The Third-Party Seller and Purchaser shall have no authority to assume, make or create any obligation or responsibility, express or implied, on behalf of or in the name of Trading Auto or to bind Trading Auto in any manner whatsoever.
12.2. The Support Services provided hereunder by Trading Auto are executed as an independent service provider basis and in executing Trading Auto shall in no way be deemed to be acting as the Third-Party Seller’s or Purchaser’s agent, employee, partner or representative. Save for where Trading Auto acts as the Third-Party Seller’s payment-processing agent under clause 5.
13. NOTICES FOR LEGAL SERVICE AND CONTACT INFORMATION (DOMICILIUM CITANDI ET EXECUTANDI)
13.1. For the purposes of legal proceedings and for giving or sending any notice the parties choose the following addresses:
13.1.1. Trading Auto: Trumali House Trumali Street, Harrington’s Place, Stellenbosch, Western Cape 7600, and
13.1.2. Third Party Seller and/or Purchaser : to the email provided at registration on Website .
13.2. All notices given under these T&Cs must:
13.2.1. be given in writing;
13.2.2. be delivered physically by courier or sent by email (in both cases with proof of a delivery receipt); and
13.2.3. will be presumed to have been received on the date of the delivery receipt.
14. LAW, JURISDICTION, ARBITRATION
14.1. These T&Cs are subject to the substantive laws of South Africa.
14.2. 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 .
14.3. In the event of any dispute arising out of or in connection with these T&Cs, the Parties agree that they shall use their best endeavours to informally resolve the dispute, informally, within 21 (twenty-one) days of the dispute having been raised in writing.
14.4. If either Party provides written notification to the other that such informal resolution attempt has failed, then either of them may refer the matter to be settled by arbitration. The Parties may agree on the arbitration procedure and, failing agreement within 10 business days of the aforementioned written notice, the arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules in force at the date of notice.
14.5. The arbitration shall be held in Cape Town. The number of arbitrators shall be one and shall be a South African qualified advocate or attorney of at least ten years’ experience, as agreed to between the Parties, failing which an arbitrator appointed by a local appointing arbitration authority.
14.6. The arbitration award shall be final and binding on the parties and shall not be subject to appeal.
14.7. The Third-Party Seller and/or Purchaser (as applicable) shall be liable for all costs incurred by Trading Auto in the enforcement of any rights under these T&Cs.
15. GENERAL
15.1. The Third-Party Seller and/or Purchaser may not cede, assign or otherwise transfer their rights and obligations in terms of these T&Cs to any third party.
15.2. Any failure by Trading Auto to enforce any of its rights in terms hereof shall not constitute a waiver. Any indulgence, extension of time, relaxation, or latitude by a party to the other shall not constitute a waiver of that Party’s rights.
15.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
15.4. No remedy hereunder is intended to be exclusive of any other remedy that is otherwise or may in future be available under any law.
16. AMENDMENTS
16.2. To the extent permitted by applicable law, any such amendment will come into effect and become binding when notice is given of the change by publication on our Website. It is your responsibility to check the Website often.
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