Terms and Conditions of Sale
1. Introduction
These Terms and Conditions ("Agreement") govern the sale and purchase of vehicle(s) from [BUQUE AUTO] to the buyer (Buyer information). By purchasing any Vehicle from Us, you agree to be bound by these terms. Please read them carefully.
2. Vehicle Information and Condition
• All Vehicles are sold as-is unless otherwise specified. The Dealer provides a general description of each Vehicle's condition, including its make, model, mileage, and condition. However, we do not guarantee the accuracy or completeness of this description.• Some Vehicles may be subject to prior repairs, accidents, or other conditions that the Dealer will disclose in writing, when applicable. Please ask about the history of the Vehicle before completing your purchase.
3. Vehicle Inspection
• The Buyer has the right to inspect and test drive the Vehicle prior to purchase. It is strongly recommended that You have the Vehicle independently inspected by a third party such as DEKRA if You have any concerns regarding its condition.4. Pricing and Payment
• Prices for Vehicles are clearly stated on our website and/or physical location. The total price is the sum of the listed price of the Vehicle and any applicable taxes, registration fees, documentation fees, and other charges.• Payment for the Vehicle can be made via certified check, bank transfer, or financing arranged through the dealership. We accept financing offers from third-party lenders, and we will help facilitate this process if applicable.
5. Financing
• If You are financing the Vehicle, your loan application will be subject to approval by the financing institution. We will provide You with the necessary documentation to complete Your financing application.• Financing terms, such as interest rate, down payment, and loan duration, will depend on the lending institution’s decision and Your creditworthiness.
6. Warranty and Returns
• Used Vehicles are sold as-is unless a separate written warranty is provided. Any warranty offered will be clearly stated in writing at the time of sale. All warranties are subject to the terms and conditions specified by the warranty provider.• No refunds will be issued once the sale is complete, except in cases where a Vehicle is found to be misrepresented or fraudulent in nature.
7. Title and Registration
• The Dealer will provide the Buyer with the necessary documents to complete the title transfer and registration of the Vehicle. The Buyer is responsible for paying any state-required registration and licensing fees.• Title and ownership of the Vehicle will transfer upon full payment for the Vehicle.
8. Delivery and Pickup
• If the Vehicle is being delivered, delivery fees may apply. The Buyer is responsible for any associated delivery charges.• The Buyer is required to take possession of the Vehicle within [No of days] days from the date of purchase. If the Vehicle is not picked up or delivered within this timeframe, the Dealer may charge additional storage fees.
9. Limitation of Liability
• The Dealer is not responsible for any damages or losses that occur after the Vehicle is transferred to the Buyer, including but not limited to mechanical failure, accidents, or misuse.• The Dealer's total liability for any claims relating to the Vehicle is limited to the total purchase price paid for the Vehicle.
10. Governing Law
• These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. Any disputes shall be resolved in the courts located within [jurisdiction].11. Changes to Terms
• We reserve the right to modify these Terms and Conditions at any time, with or without notice. Any changes to these Terms will take effect immediately upon posting to Our website or notifying You in writing.12. Customer Consent
• By signing the sale agreement and/or making a purchase, you acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions.Additional Considerations
Privacy and Data Protection: General Data Protection Regulation (GDPR)
The GDPR is a data protection law that applies to all organizations that process personal data of individuals located in the European Union (EU), regardless of where the organization is based. Even if your dealership is not located in the EU, the GDPR can still apply if you offer goods or services to EU residents or monitor their behavior within the EU.Key Principles of GDPR:
• Lawfulness, Fairness, and Transparency: Personal data should be processed in a way that is lawful and transparent to the individual.• Data Minimization: Only collect the data that is necessary for the intended purpose.
• Purpose Limitation: Personal data should only be used for the purposes for which it was collected.
• Accuracy: Personal data should be accurate and kept up to date.
• Storage Limitation: Personal data should not be kept for longer than necessary.
• Security: Personal data should be protected against unauthorized access, loss, or disclosure.
• Accountability: You must be able to demonstrate compliance with the GDPR.
Potential CCPA Clauses for Your Dealership’s Privacy Policy:
• Right to Know: "You have the right to request details about the personal data we collect, the sources of that data, and how we use and share it."• Right to Deletion: "You may request that we delete the personal data we have collected about you, subject to certain exceptions."
• Opt-Out: "You can opt-out of the sale of your personal data by clicking the ‘Do Not Sell My Information’ link available on our website."
• Non-Discrimination: "Exercising your rights under the CCPA will not result in any discriminatory treatment from our dealership.
Dispute Resolution
1. Initial Contact:
Contact the dealership directly and explain the problem. Provide documentation to support your claim, such as contracts, receipts, and any relevant communication.2. Formal Complaint:
If the dealership is unresponsive or unwilling to resolve the issue, file a formal complaint. This might involve contacting the dealership's customer service department or using their online complaint system.3. Alternative Dispute Resolution (ADR):
If the dealership doesn't resolve the issue, consider involving a third-party dispute resolution body like MIOSA or the National Consumer Commission. MIOSA offers a free service to consumers for dispute resolution.4. Legal Action:
If all other attempts fail, you may need to consider legal action. This could involve filing a lawsuit in court, but it's generally advisable to exhaust other avenues first.Key Players and Organizations:
Motor Industry Ombudsman of South Africa (MIOSA):
MIOSA is an independent dispute resolution forum for the South African motor industry and its customers. They can help mediate disputes and provide a neutral forum for resolution.National Consumer Commission:
The National Consumer Commission enforces the Consumer Protection Act (CPA) and can investigate complaints against businesses, including dealerships.Consumer Courts and Tribunals:
These bodies can also adjudicate consumer disputes and offer a formal avenue for resolving disagreements.Important Considerations:
Timeframes:
Be aware of any deadlines or timeframes for filing complaints or pursuing legal action.Evidence:
Gather and preserve any evidence related to the dispute, such as contracts, receipts, photos, and emails.Documentation:
Keep a record of all communications with the dealership and any other parties involved in the dispute.Legal Advice:
If you're unsure about your rights or the best course of action, consult with a lawyer specializing in consumer law.Additional Fees:
1. Overview of Additional Fees
In addition to the purchase price of the vehicle, the following additional fees may apply to your purchase. These fees are necessary to cover various costs associated with the sale, including but not limited to administrative, processing, or legal charges, and are outlined below. By proceeding with the purchase, you acknowledge and agree to pay the applicable additional fees as described herein.2. Common Additional Fees
The following fees may apply, depending on the specifics of the transaction:
• Documentation/Processing Fee: A fee for processing and completing the necessary paperwork, including title transfer, registration, and other administrative tasks. This fee typically ranges from [amount] to [amount].• Sales Tax: Applicable sales tax based on the vehicle’s sale price, which will be calculated based on the rate in the jurisdiction where the transaction occurs. The exact amount will be determined at the time of purchase.
• Title and Registration Fees: These fees cover the costs of transferring the vehicle’s title and registering it with the relevant local or state authorities. The amount varies based on the location of the dealership and the customer’s residence but typically ranges from [amount] to [amount].
• Delivery/Transport Fee: If applicable, a fee for delivering or transporting the vehicle to the customer’s location. This fee depends on the delivery distance and will be calculated and disclosed at the time of purchase.
• Dealer Preparation Fee: A fee for preparing the vehicle for sale, including detailing, inspections, and other necessary steps to make the vehicle ready for delivery. This fee is typically [amount], and will be disclosed at the time of sale.
• Inspection Fee: If the vehicle undergoes a pre-sale inspection, a fee may be charged to cover the cost of this service. This fee varies depending on the type of inspection required and is typically [amount].
• Finance Fees: If you choose to finance the vehicle through the dealership, finance charges, interest, and other fees associated with the financing agreement will apply. These will be disclosed as part of your financing agreement.
• Optional Service/Warranty Fees: Additional fees may apply if you choose to purchase optional services, such as extended warranties, service packages, or vehicle protection plans. These fees will be disclosed and agreed upon before purchase.
3. Disclosure of Fees
• All fees associated with the purchase of a vehicle, including the fees mentioned above, will be clearly disclosed to you in the Vehicle Purchase Agreement prior to completing the transaction. The dealership will provide an itemized breakdown of all costs, including any applicable taxes, fees, and charges.• The total cost of the vehicle, including the base price and any applicable additional fees, will be stated clearly on the Bill of Sale.
4. Right to Change Fees
• The dealership reserves the right to update or change the fees listed above at any time, subject to applicable laws. Any changes to fees will be communicated to you prior to the finalization of the transaction.5. Refunds for Fees
• In the event of a cancellation or return of the vehicle (subject to the dealership's return policy), any refundable fees will be processed according to the dealership's refund policy. Fees that are non-refundable will be clearly specified at the time of purchase.
