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Terms and Conditions

  1. Upon acceptance in writing of this Offer to Purchase by a duly authorised manager of Motostars Action Vehicles CC ("Motostars"), this Offer to Purchase shall immediately become a sale agreement for the motor vehicle described under the heading "Details of Vehicle" on Page 1 hereof.
  2. The price payable by the Purchaser as well as the payment terms for the vehicle are as set out under the heading "Detail of Offer" on Page 1 hereof.
  3. If a deposit is paid by the Purchaser, it will be held by Motostars until the Offer to Purchase has been accepted, and upon acceptance will be applied as part payment of the purchase price.
  4. All payments shall be made to Motostars at Strand Street, Cape Town or at such other address in the Republic of South Africa as Motostars may indicate in writing to the Purchaser.
  5. The Purchaser shall inform Motostars in writing of the address at which the vehicle is to be delivered and shall not, while any portion of the purchase price remains unpaid, remove the vehicle outside the jurisdiction of the Magistrate's Court for the district of Cape Town without the written consent of Motostars.
  6. Upon acceptance of the Offer to Purchase by Motostars:
    6.1. The Purchaser shall at his own expense cause the vehicle to be comprehensively insured with an insurance company approved by Motostars for at least an amount equal to the purchase price and shall notify the said insurance company of Motostars interest in the vehicle. In the event that the Purchaser fails to comply with this obligation, Motostars may obtain comprehensive insurance in accordance with this provision, for which premiums the Purchaser shall be liable.
    6.2. The risk in the vehicle shall forthwith pass to the Purchaser who shall remain liable to pay the full balance of the purchase price despite any damage to or depreciation, loss or destruction of the vehicle from whatsoever cause arising.
    6.3. The Purchaser shall not sell, cede, assign, transfer or pledge the vehicle or allow it to be subject to any lien of whatsoever nature or deliver possession thereof to any other person while any portion of the purchase price remains unpaid.
  7. Motostar shall take the necessary steps to render the vehicle fit for a Roadworthy Certificate and shall deliver such Certificate to the Purchaser prior to delivery of the vehicle.
  8. Motostars shall sign such forms and deliver to the Purchaser such documents as may be necessary to enable the Purchaser to register the vehicle in his name.
  9. The Purchaser hereby acknowledges that the vehicle is second-hand and that the vehicle is sold in the specific condition that the Purchaser sees it, is acquainted with the nature, extent and condition of such previously used vehicle, is in agreement with the List of Defaults relating to the vehicle attached to these Terms and Conditions, and accepts the vehicle in this specific condition.
  10. Whilst Motostars believes that the date of first registration and/or the year of manufacture of the vehicle is as stated on Page 1 hereof, and that the odometer reading on the vehicle is correct, the Purchaser shall in no way hold Motostars liable to the correctness of this information in that Motostars has relied on the information provided by the vehicle's owner/previous owner.
  11. No relaxation or indulgence granted by Motostars and no omission by Motostars timeously or diligently to enforce any right under this agreement shall be deemed to amount to a waiver of that or any other right.
  12. No variation of the above Terms and Conditions shall be of any force or effect unless reduced to writing and signed by both Motostars and the Purchaser.
  13. The Purchaser has read these Terms and Conditions, as well as the List of Defects attached hereto, and acknowledges that he accordingly understands them, and accepts them in every respect.
  14. Should the Purchaser fail to pay any instalment punctually on due date or commit a breach of any of the provisions of this agreement, Motostars shall be entitled to claim payment of the full outstanding balance of the purchase price, alternatively demand return of the vehicle and institute a claim for damages, by action in the Magistrate's Court, which the parties hereto agree shall have jurisdiction notwithstanding the amount involved. Any deposit paid by the Purchaser shall be retained by Motostars either at Motostars' election, as liquidated damages or as a contribution to Motostars' damages still to be determined.
  15. The Purchaser acknowledges that he has not been induced to enter into this agreement as a result of any representations made by Motostars, its servants or agents in relation to the aforementioned.
  16. In the event that the Purchaser trades-in his vehicle in order to purchase another vehicle at Motostars, the Purchaser makes the following warranties:
    16.1. The trade-in vehicle is the Purchaser's sole property;
    16.2. No other person or entity has any right in or to the vehicle;
    16.3. The vehicle is not subject to any legal retention or other charge;
    16.4. The date of first registration and/or the year of manufacture of the trade-in vehicle is correct, and the Purchaser acknowledges that Motostars is relying on this fact when valuing the vehicle; and
    16.5. In the event that the vehicle is not in the same condition mechanically or otherwise when delivered to Motostars from the time when it was valued by Motostars, or if the year of manufacture or the date of first registration has been incorrectly represented by the Purchaser, the Purchaser acknowledges that Motostars may terminate the transaction, alternatively reduce the value of the trade-in.