Terms and Conditions

Vehicle Sales:

 

1.     Offer:

1.1    An offer will only be official and binding on the Company when it is completed on the Company’s “Offer to Purchase” (OTP) document and is signed by both the buyer and the Company’s nominated representative.

1.2    An offer will lapse if the buyer is not able to provide satisfactory proof of his ability to pay for the vehicle or written approval or guarantee of financing of the vehicle by a registered credit provider within fourteen (14) days of the date of the offer or any extension given in writing by the Company.

 

2.     Price and Payment:

2.1    The total purchase price will be payable on delivery of the vehicle.

2.2    Vehicles are subject to periodic price increases by the manufacturer/importer. Buyers have the right to be informed of any price increases prior to delivery and may cancel their offer without penalty if a price increase is not acceptable to them.

2.3    If a deposit has been paid, then:

2.3.1 The Company will deduct the deposit price and the buyer will pay the balance of the purchase price on delivery of the vehicle, or

2.3.2 The buyer will be refunded the deposit, if the offer lapses or is cancelled, less any reasonable charge the Company is entitled to legally deduct.

 

3.     Ownership, Delivery and Risk:

3.1    Ownership in the vehicle will pass to the buyer on delivery, provided the purchase price has been paid.

3.2    The buyer will take delivery of the vehicle at the Company’s business premises, unless otherwise agreed to in writing.

3.3    Risk of loss or damage to the vehicle passes to the buyer on delivery.

3.4    The buyer acknowledges that:

3.4.1 The delivery dates given are estimates only and no exact date of delivery or time has been agreed.

3.4.2 The Company is not in a position to agree on an exact delivery date or time as this may be influenced by factors beyond the Company’s control.

3.4.3 Prior to taking delivery the buyer has the right to examine the vehicle for the purpose of quality and description, without removing the vehicle from the Company’s premises or in any way altering it.

 

4.     Vehicle Specification:

4.1    The buyer is referred to the sales and promotional material (including the specifications of the vehicle) and the owner’s manual.

4.2    Should the buyer require the vehicle for a specific purpose, the onus is on the buyer to communicate this purpose to the Company in writing prior to making an offer.

4.3    The vehicle can only be used in accordance with the manufacturer’s specifications, owner’s manual, the warranty and maintenance/service plans (if applicable).

4.4    A vehicle by its nature can be dangerous and hazardous. The buyer understands the inherent dangers and risks of abusing, misusing or using the vehicle contrary to the specifications and instructions contained in the owner’s manual.

 

5.     Warranty, Service and Maintenance Plans

5.1    The sale of the vehicle is subject to the warranty, service plan (if applicable) or maintenance plan (if applicable).

5.2    The warranty, service plan or maintenance plan may be void or cancelled (in whole or in part) if the terms and conditions in these documents or the owner’s manual have not been complied with.

5.3    The warranty runs concurrently with any other statutory warranty applicable to the vehicle.

5.4    No other warranty, undertakings or representations are given (express or implied) other than those contained in the Offer to Purchase.

5.5    The buyer has an obligation to read the owner’s manual, warranty, service plan (if applicable) and maintenance plan (if applicable) to ensure that he knows how to use and how not to use the vehicle.

 

6.     Conditions Relating to Trade-Ins (if applicable):

6.1    Where a trade-in vehicle is offered as part of the purchase price, the trade-in vehicle shall be subject to the following conditions:

6.1.1 The buyer is in possession of a valid trade-in valuation signed by the Company’s nominated representative.

6.1.2 The trade-in vehicle is delivered to the Company in the same condition as it was at the time of the trade-in valuation.

6.1.3 The buyer is entitled to sell the vehicle as the legal owner or has been authorized to do so by the legal owner.

6.1.4 No other party has a stronger right, title or claim to the trade-in vehicle.

6.1.5 All defects in the trade-in vehicle have been disclosed prior to the valuation by the Company.

6.2    Any amount owing to a credit provider or another third party for a trade-in vehicle will be settled by the Company.

 

7.     Cancellation and Return of Vehicle (if applicable):

7.1    Should the buyer decide not to proceed with the purchase, the Company may be legally entitled to a reasonable cancellation fee taking into account the costs incurred.

7.2    Where the offer to purchase is cancelled after taking delivery of the vehicle and the buyer is entitled to return the vehicle to the Company, the Company has the right to charge a reasonable cancellation fee taking into account:

7.2.1 The cost of restoring the vehicle to its condition before delivery, and

7.2.2 Any reduction in the value of the vehicle.

7.3    The buyer shall not be entitled to withdraw from any offer to purchase if the offer relates to a unique vehicle which has been manufactured to meet the buyer’s specific requirements.

 

8.     Dispute Resolution:

8.1    If a complaint or a dispute arises between the parties, then the following will apply:

8.1.1 The buyer shall inform the Company in writing of the extent and nature of the complaint or dispute.

8.1.2 The Company will attempt to resolve the matter amicably within ten (10) business days of the buyer’s written notification of the complaint or dispute.

8.1.3 Where the parties are unable to resolve the matter amicably, then either one of the parties shall be entitled to refer the matter to the accredited motor industry ombudsman.

 

9.     Direct Marketing, Use of Information and Consent:

9.1    The buyer may:

9.1.1 Refuse to accept;

9.1.2 Inform the Company in writing to discontinue; or

9.1.3 Register a pre-emptive block with the Registry for Direct Marketing against;

Any direct marketing communication from the Company.

9.2    The buyer is required by law to provide the Company with all the documentation in terms of the Financial Intelligence Centre Act, No. 38 of 2001, and should the buyer fail to provide the required documentation, the transaction cannot proceed.

9.3    The Company is required to submit the buyer’s particulars to the eNatis system for registration of the vehicle on the national database of roadworthy vehicles and licenced drivers.

 

10.   General Conditions:

10.1 No amendments to the offer will be valid unless they are in writing and signed by both parties.

10.2 The failure of either party to enforce any rights in terms of this offer shall not amount to a waiver of such rights.

10.3 The laws of the Republic of South Africa shall apply to the interpretation of the offer and any dispute arising from the offer.

10.4 If any provision of the offer is invalid, the provision shall be separated from the offer and the balance of the offer shall remain enforceable.

10.5 For the purpose of the service of any legal documents or notices in terms of this offer, the Company’s physical address should be used.

 

Vehicle Servicing and/or Repairs

 

1.     Application

1.1    These terms and conditions will apply to the contract of servicing and/or repair work including the replacement or refurbishment of parts (“the work”) that will be carried out on the customer’s vehicle(s), parts, accessories or other items (“the vehicle”).

1.2    If the work to be carried out is covered by a warranty, maintenance plan and/or service plan of the manufacturer of the vehicle, to the extent that the manufacturer will pay the cost of the work and/or parts, then the Company will obtain the approval from the manufacturer before any work commences. If the manufacturer refuses to pay for the required work and/or parts, or the customer is responsible to pay a portion thereof, then the Company will only proceed with the work once the customer has agreed to pay for it and has specifically authorised the Company to proceed with the work. The above will also apply to other mechanical breakdown warranties, and/or maintenance and/or service plans provided by third party insurance companies.

1.3    The customer agrees that all or any part of the work that the Company will carry out, may be carried out by it or on its behalf by any agent or sub-contractor appointed by the Company.

 

2.     Delivery

2.1    The expected completion date of the work is approximate only and the Company does not warrant that it will complete the work within the estimated time, although it will use its best efforts to do so.

2.2    If the customer does not take delivery or collect or remove the vehicle for whatsoever reason by the third working day after having been informed that the vehicle is available to be collected or delivered, the customer accepts that the Company may charge reasonable storage fees.

 

3.     Price

The price of the work will be at the Company’s prevailing standard rates and charges ruling at the time. The customer may obtain the standard rates and charges upon written request.

 

4.     Additional Work

4.1    If the additional work costs more than the pre-authorised amount, then the Company will obtain the customer’s permission to proceed with this additional work before it starts any additional work.

4.2    The customer agrees that the Company can obtain authorisation via a telephonic, email, fax or SMS instruction at the numbers and email address supplied by the customer on the job card.

4.3    In the event that the Company is unable to contact the customer on any of the numbers or email addresses supplied then the Company will not proceed with any work or additional repairs.

 

5.     Payment

All payments in respect of the work will be in cash or by credit card when the work is completed, unless the parties agree otherwise in writing.

 

6.     Repairer’s Lien

The customer grants an express repairer’s lien in favour of the Company to secure the amount due for all work done and parts supplied.

 

7.     Limitation of Liability

7.1    Except as is provided in law, or is provided for under any express warranty or guarantee that the Company gives in writing to the customer that is intended to form part of the contract:

7.1.1   The Company’s liability as repairer shall be limited solely to remedying of the defective service(s) and/or replacing the defective part/s and/or refunding me a reasonable portion of the price paid for services performed and/or goods supplied, having regard to the extent of the failure.

7.1.2   I acknowledge that the Company is not responsible for consequential damage or loss.

7.1.3   Save as aforesaid, the Company does not make any other representations, unless expressly given in writing.

 

8.     Risk

8.1    The customer:

8.1.1   grants the Company, its employees and its suppliers permission to drive his/her vehicle for test purposes and/or to inspect it; and

8.1.2   agrees that the Company will hold his/her vehicle in its possession and drive it at his/her own risk, and acknowledges that he/she does not hold the Company responsible for any loss and/or damage to the vehicle and/or for articles left in the vehicle in the case of fire, theft or any other causes whatsoever, unless there was gross negligence on the Company’s part.

8.2    The Company does however agree to exercise due care in looking after the Customer’s vehicle.

 

9.     Warranty

9.1    The Company provides a 12 month or 20,000km warranty on any new or reconditioned part installed during the work, and the labour required for the work, from the date the work is completed.

9.2    The warranty will:

9.2.1   not apply to normal wear and tear of the goods:

9.2.2   be void if the goods have been subjected to misuse or abuse

 

10.   General Conditions:

10.1 No amendments to the contract of service will be valid unless they are in writing and signed by both parties.

10.2 The failure of either party to enforce any rights in terms of this contract shall not amount to a waiver of such rights.

10.3 The laws of the Republic of South Africa shall apply to the interpretation of the contract and any dispute arising from the offer.

10.4 If any provision of the contract is invalid, the provision shall be separated from the contract and the balance of the contract shall remain enforceable.

10.5 For the purpose of the service of any legal documents or notices in terms of this contract, the Company’s physical address should be used.

 

Parts Sales

 

1.     Quotations

1.1    Quotations for parts from the Company, including pricing and delivery information, are valid for 30 days from the date of issuance.

1.2    The quotation remains valid unless otherwise noted in writing.

1.3    See the “Delivery” section below for specifics on the estimated delivery schedule (if applicable).

 

2.     Returns

2.1    Returns of part items should not be made without first contacting the Company’s Parts department.

2.2    Electrical parts and parts specially ordered for the customer are not eligible for return.

2.3    If the Company determines a return is warranted, all returns need to be unused and accompanied by the original invoice and packaging.

2.4    In matters of spare parts returned to the Company, shipping charges are to be paid by the customer.

2.5    Returns within 7 days of receipt of order will incur a 10% restocking fee unless the incorrect part was supplied by the Company. Items ordered in error will qualify for the restocking fee.

2.6    Incorrect parts supplied will be credited in full by the Company.

2.7    Return requests, for correctly supplied parts, that exceed the 7 days since receipt of the goods will not be eligible for return.

 

3.     Delivery

3.1    Delivery schedules indicated on the quotation, in business days, are estimated from the date of receipt of the customer purchase order, pending receipt of complete information allowing the Company to proceed with the order.

3.2    Delivery schedules are based upon the best information available at the time of quotation. All reasonable steps to meet delivery schedules will be taken by the Company.

3.3    In no event shall the Company bear any liability resulting from failure to deliver, or any delay in the delivery of products where delay is attributable in whole or part to a third party or to causes beyond our control.

 

4.     Limited Warranty

4.1    A limited manufacturer’s warranty for Genuine Volkswagen Parts is granted to all customers purchasing these parts for one year from the receipt of purchase, unless otherwise specified in writing. A copy of the Volkswagen Parts Warranty is available on request or can be found in the Volkswagen in-car booklets.

4.2    The warranty implies that the Company, as Volkswagen agents, will do everything appropriate within its power to rectify problems with defective parts. The Company will replace any part that is determined to be defective from the time it was received by the customer within the 1 year Volkswagen warranty.

4.3    The Volkswagen Warranty falls away where the part has not been fitted by a Volkswagen Approved Workshop and the part fails or is damaged as a result of poor workmanship.

4.4    Any component that is altered, modified or misused according to its set purpose will not be applicable under the terms of the Volkswagen warranty.

 

LIMITATION OF LIABILITY: IN NO EVENT SHALL THE LIABILITY OF HOOPERS VOLKSWAGEN FOR ANY AND ALL CLAIMS ARISING HEREUNDER EXCEED THE SUM OF THE CUSTOMER’S PAYMENTS FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE DISPUTE.

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