“us/we” shall mean
Barloworld Automotive a division of Barloworld South Africa (Pty)
“you” shall mean each and every user who makes use of this
TERMS AND CONDITIONS
purchase your vehicle subject to the following:
You will offer your vehicle to us for purchase.
In order for us to determine the value of the vehicle you want to sell to us we
will require certain information from you in order for us to make you a non
binding offer on the vehicle you want to sell to us.
The information we will require will include what is listed in these terms and
conditions (but not necessarily limited thereto).
We will require you to complete the necessary questionnaire /documentation/
description of your vehicle accurately and completely
You will be required to disclose to us and advise us of any outstanding debt,
balances payable and/or liens of any nature that may exist in respect of the
vehicle in question.
Once the above (and/ or any additional information requested by us) is submitted
we will make you a non binding offer on the vehicle subject to you delivering
the vehicle to one of our Trade Centres for inspection by us, at your cost,
within 14 days from the date we make you the offer.
Should you fail to bring the vehicle to us for inspection within the requested
14 days the non binding offer we made to you will become null and void.
We will inspect the vehicle when you bring it to one of our Trade Centres (Please
click here for directions
and contact details).
If we find (at our sole discretion) that any of the information you gave us is
incorrect and/ or the condition of the vehicle is different to that you gave to
us we will be under no obligation whatsoever to buy the vehicle from you.
Any non binding offer made to you will become null and void the moment we decide
not to buy the vehicle from you for any reason whatsoever.
Should we decide to buy your vehicle we will pay you the agreed purchase
price within 2 work days from which we receive all relevant NATIS documentation
from you and/or any financial institution where the vehicle is/was financed.
Should there be any debt/outstanding balance in respect of the vehicle we
will first settle the outstanding debt/ balance with the party to whom it is
owed. The balance (if any) will be paid to you as set out in 2.1 above.
RESERVATION OF RIGHTS
We reserve all our rights when we buy your vehicle.
Should new information come to light which in any way prejudice us and
which we did not have at the time we bought the vehicle from you (and/ or was
incorrect at the time) we will hold you liable for any loss we may suffer as a
We reserve the right to take legal action against you if required. Should
we take legal action against you, you will be liable for all our legal costs
incurred on the scale as between attorney and own client.
WARRANTIES AND INDEMNITY
You warrant to us that:
there are no outstanding fines in respect of the vehicle in question;
that there are no latent and/or patent defects that are not disclosed to us;
that the mileage / kilometer reading claimed and displayed is factually correct;
that the vehicle has never been involved in a major accident (i.e. an
accident that required repairs / repair work in excess of 50% of the non binding
offer we made)
You indemnify us against any claim and/or loss whatsoever (and howsoever
arising) that may be instituted against us by any third party as a result of us
buying the vehicle from you.
5.1 You agree that
the terms and conditions set out here are the only applicable terms and
5.2 You agree that no
other terms and conditions will be applicable unless they are recorded in
writing and signed by an authorised representative from us.
5.3 No verbal
variance of the terms and conditions (if and when alleged) will be binding on
5.4 You agree that
South African law will be applicable to this agreement.
5.5 You agree to the
jurisdiction of the Magistrate Court should we decide to take action against you
(even if the amount in question exceeds the limits of the said court). Nothing
will however preclude us from taking action in the High Court if we wish to do