Terms and Conditions of Sale Pre-owned Vehicles

Transcription

1 1. Application These terms and conditions shall apply to the sale by LSM Distributors (Pty) Ltd trading as Porsche Centre South Africa (PCSA), of any pre-owned vehicle. 2. Delivery 2.1 The customer shall take delivery of the vehicle upon being informed by PCSA that the vehicle is ready for delivery and upon payment of the purchase price. 2.2 Delivery shall be completed when the vehicle is handed to the customer or its authorized agent, at the premises of PCSA. 2.3 Any estimated delivery date communicated to the customer by PCSA, is an approximate date only and the delivery date may vary. 2.4 PCSA and the customer expressly agree that time is not of the essence and, in the event that PCSA is unable to deliver the vehicle on the estimated delivery date, the customer shall not have the right to cancel the contract of sale, nor shall PCSA be liable for any loss or damages which the customer may suffer as a result of such late delivery. 2.5 PCSA shall be entitled to suspend the delivery of the vehicle if the customer is in breach of any terms of the contract of sale. 3. Purchase Price The purchase price of the vehicle will be the price reflected in the Vehicle Order and the Vehicle Tax Invoice, together with any other ancillary costs agreed upon between PCSA and the customer. 4. Payment and Ownership 4.1 The customer shall pay the purchase price of the vehicle to PCSA upon being informed that the vehicle is ready for delivery and prior to the delivery of the vehicle, as envisaged in paragraphs 2 and 3 above. 4.2 Payment by means of any credit card or debit card is not accepted as payment for a pre-owned vehicle, or part thereof. 4.3 If PCSA accepts a cheque or other instrument in payment of the purchase price or the payment is transferred electronically, PCSA shall be entitled to retain possession LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-1 Version

2 of the vehicle until such cheque or instrument is honoured or the electronically transferred funds are cleared for use by PCSA. 4.4 Notwithstanding any provision to the contrary contained herein, the parties specifically agree that ownership in the vehicle shall not pass to the customer upon delivery of the vehicle, but shall remain vested in PCSA until the purchase price of the vehicle has actually been paid in full. 4.5 If the customer has had prior dealings with PCSA, it is hereby specifically agreed that any payment made to PCSA may first be applied in reduction of earlier debts in chronological order of the accrual dates of such amounts. 4.6 Should the customer fail to make payment of the purchase price as envisaged herein, PCSA shall be entitled to charge interest on the balance of the purchase price, after taking into account any deposit or option fee paid by the customer, calculated from the due date of such balance to the date of payment, at a rate which is two percent above the prime rate charged by the bankers of PCSA. 4.7 PCSA and the customer expressly agree that any interest accrued by virtue of the provisions of paragraph 4.6 above may be set off against any deposit or fee paid by the customer. 5. Warranty provided by Porsche AG 5.1 Porsche Terms of Sale Each new vehicle sold by PCSA is covered by the Porsche AG warranty conditions and warranty periods specified by Porsche AG. PCSA is obliged, in terms of its Importer s Agreement, to include herein the following excerpt from the Porsche Terms of Sale for Germany: 1 Claims asserted by the buyer on account of defects shall be barred by limitation two years after delivery (as a new vehicle) of the object of purchase. Claims asserted by the buyer on account of defects in the paintwork shall be barred by limitation three years after delivery (as a new vehicle). This extension of the limitation provision does not apply for vehicles and parts which are intended for competitive racing and are not permitted for use on normal public highways. In the event of malicious silence with regard to defects or acceptance of a guarantee of quality, further claims remain unaffected. LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-2 Version

3 2 Defects are to be remedied in accordance with the following provisions: a) The buyer can assert claims to have defects remedied with the seller or with other companies recognized by the manufacturer for the servicing of the object of purchase. Where claims are reported orally, written confirmation of receipt of the claim is to be submitted to the buyer. b) If the object of purchase is no longer operational on account of a defect, the buyer shall contact that company recognized by the manufacturer for the servicing of the object that is nearest to the non-operational object of purchase and is willing and able to provide the requisite purpose. c) Removed parts become the property of the seller. d) Until the object of purchase becomes barred by limitation, the buyer may assert claims relating to defects on the basis of the contract of purchase with regard to parts that have been fitted to remedy defects. e) Contrary to the provisions of 5.1, the buyer can, after two years, only claim for rework to remedy defects in the paintwork. 3 Change in ownership of the object of purchase do not affect the right to assert claims for defects to be remedied. 5.2 Warranty Conditions: Long-term Guarantee against rust in the bodyshell Porsche AG provides a worldwide guarantee against rust damage to the vehicle s body for a period of 10 years from the date of delivery (as a new vehicle), subject to the following conditions: 1 To preserve the validity of the long-term guarantee, the vehicle must be treated in accordance with the Car Care Information provided in the relevant instruction manual. Damage to paintwork and/or protective coatings must be remedied professionally without delay. 2 The long-term guarantee does not cover rust damage due to accident damage or mechanical damage to the bodywork, paintwork or protective coatings. All repairs to the bodywork must be carried out professionally and in accordance with Porsche AG s regulations governing work on the bodywork/paintwork and anti-corrosion/preservation measures. LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-3 Version

4 3 To avoid forfeiting the long-term guarantee, the buyer must have a report on the condition of the bodywork, paintwork and protective coatings produced by a Porsche Partner (Porsche Centre) two years after delivery (as a new vehicle) of the vehicle and once every two years thereafter. 4 Porsche AG fulfils this guarantee obligation solely by performing rework. No further claims can be asserted on the basis of this guarantee. 5 Except where explicitly stated otherwise heretofore, the warranty provisions laid down in the Porsche Terms of Sale on which the initial buyer s contract of purchase with Porsche Centre is based shall apply mutatis mutandis. 6 The conditions of guarantee listed heretofore do no affect the statutory rights of the buyer. Vehicles which are produced without original Porsche underbody protection (as determined by model specifications) shall not be subject to the Porsche longterm guarantee, instead, they are covered by a three-year guarantee against rust holes according to the above conditions. The customer is referred to the Guarantee and Maintenance booklet and the Driver s Manual relating to the vehicle, which are provided with the vehicle. 5.3 Exclusion of warranty and liability Claims are not valid if the defect or damage is caused: 1 by using the object of purchase for purposes other than those for which is intended or subjecting it to undue stresses, e.g. in motor sports competitions, or 2 by the object of purchase previously been (sic) repaired, maintained or serviced unprofessionally by a company not recognized in this capacity by the manufacturer, or 3 by parts not authorized by the manufacturer having been fitted in the object of purchase, or 4 by the object of purchase having been modified in a manner which is not authorized by the manufacturer, or LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-4 Version

5 5 by the buyer having failed to follow the manufacturer s instructions with regard to the treatment, maintenance and care of the object of purchase. The cost of test, measurement and adjustment work not relating to damage covered by warranty cannot be refunded. Ageing and natural wear and tear are not defects and are therefore excluded from warranty cover. 6. Exclusion of liability of PCSA 6.1 Save as provided in paragraph 5 above, PCSA shall not be liable to the customer for any loss or damages, including special or consequential damages whatsoever, arising out of any defect in the vehicle. 6.2 Without limiting the generality of 6.1, PCSA shall not be liable for any loss or damages, including special or consequential damages whatsoever, suffered by the customer as a result of any work carried out by PCSA, including an agent or subcontractor of PCSA, being defective in any way or failing to conform wholly or in part with any written warranty given in terms hereof. 6.3 The provisions of paragraphs 6.1 and 6.2 above are subject to the provisions of the Consumer Protection Act, Act 68 of Cancellation If either party: 7.1 commits a breach of any of these terms and conditions; or 7.2 being a natural person, dies or is provisionally or finally sequestrated or surrenders his estate; or 7.3 being a partnership, is dissolved; or 7.4 being a company, is placed under provisional or final order of liquidation or judicial management; or 7.5 compromises or attempts to compromise generally with its creditors; (the defaulting party) LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-5 Version

6 the aggrieved party may cancel this agreement immediately by giving the defaulting party written notice to that effect, without prejudice to any other rights the aggrieved party may have as a result of such breach or cancellation. If the customer is the defaulting party, PCSA shall, in addition to any other rights it may have in law as a result of such breach or cancellation, be entitled to apply any amounts paid by the customer to PCSA in reduction of any damages which PCSA may suffer as a consequence of any such default by the customer. 8. Jurisdiction The customer consents to the jurisdiction of the Magistrates Court, notwithstanding that any claim by PCSA may exceed the statutory jurisdiction of the Magistrate s Court as to amounts. Notwithstanding the aforegoing, PCSA shall in its discretion be entitled to institute legal proceedings in any other court of competent jurisdiction. 9. Domicilii and Notices 9.1 The parties choose domicilii citandi et executandi ("domicilii") for purposes of the giving of any notice, the serving of any process and for any other purpose arising from this Agreement as follows: PCSA: The Customer: Corner of Witkoppen & Wroxham Roads Paulshof 2191 The address reflected on the Vehicle Order and/or Vehicle Tax Invoice 9.2 Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing. 9.3 Any party may by written notice to the other party change its chosen address to another physical address, provided that the change shall become effective on the fourteenth day after the receipt of the notice by the addressee. 9.4 Any notice to a party contained in a correctly addressed envelope and sent by prepaid registered post to it at its chosen address, shall be deemed to have been received on the 7th business day after posting. 9.5 Notwithstanding anything to the contrary herein contained, written notice or communication actually received by one of the parties from the other, shall be an adequate written notice or communication to such party, notwithstanding that it was not sent or delivered to its chosen domicilium. LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-6 Version

7 10. Whole Agreement 10.1 This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties, other than those set out herein, are binding on the parties No addition to, variation or amendment of, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination, shall be of any force or effect unless reduced to writing and signed by both parties or their duly authorized representatives. 11. Relaxation 11.1 No latitude, extension of time or other indulgence which may be given or allowed by either party to the other in respect of performance of any obligation hereunder or the enforcement of any right arising from this agreement, and no single or partial exercise of any right by any party shall operate as a waiver or novation or otherwise affect any of that party s rights in terms of or arising from this agreement, or prevent such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision hereof. 12. Governing Law This agreement shall be construed and interpreted in accordance with the Laws of the Republic of South Africa. 13. Interpretation 13.1 The clause headings are for convenience only and shall be disregarded in construing this agreement Unless inconsistent with the context, an expression which denotes: any gender includes the other genders; a natural person includes an artificial person and the other way round; the singular includes the plural and the other way round. LSM Distributors (Pty) Ltd t/a Porsche Centre South Africa A9.2-7 Version