Terms and conditions
Our agreement
Imperial Group (Pty) Ltd (t/a AA Autobay) has created and developed a unique online marketplace ("AA Autobay Website") through which you can sell your second-hand vehicle or buy a pre-owned vehicle with less risk and more convenience than ever before.
As the seller of a vehicle, the AA Autobay Website offers you the convenience and security of:
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comprehensive online advertising of your vehicle to potential purchasers;
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support and advice through the AA Autobay call centre from 8am – 5pm Monday – Friday and Saturday 8am – 1pm;
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an AA Multipoint Check is carried out by an independent AA approved test centre on your vehicle to put potential purchasers' minds at ease;
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AA Autobay representatives who will arrange test drives and will accompany potential buyers on test drives;
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AA Autobay partners who will consider the credit worthiness of potential purchasers through various Financial Institutions;
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Take care of all payment requirements;
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Vehicle value estimates based on the Mead & McGrouther guidelines and market trends
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AA Autobay assists with the vehicle registration and transfer of ownership (from the seller's name to the buyer's name).*
As a buyer, the AA Autobay Website offers you the convenience and security of:
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a detailed online description of vehicles offered for sale on the AA Autobay Website;
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support and advice through the AA Autobay call centre from 8am – 5pm Monday – Friday and Saturday 8am – 1pm;
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an AA Multipoint check will be done by an independent AA approved test centre on the vehicle prior to the sale being concluded;
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Test drives are done in the presence of an AA Autobay representative at one of our branches;
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AA Autobay assists with the vehicle registration and transfer of ownership (from the seller's name to the buyer's name); *
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AA Autobay partners, to whom you can apply for vehicle finance and insurance.
These services ("Services") are described in greater detail on the various pages of the AA Autobay Website as well as further on in these terms and conditions ("Terms"). Please read these Terms carefully. By accessing the AA Autobay Website and using any of the Services, you are deemed to have read and agreed to these Terms. Our agreement commences when you access this website and continues thereafter indefinitely until terminated by AA Autobay for any reason. AA Autobay may amend these Terms from time to time, in which case such amended Terms will supersede and replace any previous terms and you will be deemed to have read and agreed to the amended terms. Please ensure therefore that you check for modifications to these Terms when accessing the AA Autobay Website or using any of the Services.
Contact Us
Autobay Call Centre - AA Autobay has put in placethe AA Autobay call centre which is manned from 8am – 5pm Monday - Friday and Saturday 8am - 1pm by dedicated AA Autobay personnel who can answer any queries you may have about the Website, the AA, and any of the online Services we offer. The AA Autobay Call centre number is [0861 22 22 29].
Contact Details - You can submit a contact form on the AA Autobay Website to request us to contact you or you can contact us if you have any questions about our Services by:
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Email to [info@aaautobay.co.za];
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Fax to +27 11 230 9245;
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Post to PO Box 1327, Kempton Park, 1620 or
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Deliver to 81 Steel Road, Spartan, Kempton Park, 1619.
Vehicle Appraisals and Test Drives
AA Autobay will only advertise a vehicle for sale on the AA Autobay Website after an appraisal of such vehicle was done at an AA Autobay branch. AA Autobay reserves the right to decline advertising any vehicle for any reason whatsoever. AA Autobay further reserves the right to decide whether they are willing to entertain finance on a vehicle or offer such vehicle as cash only.
Once a buyer has found a vehicle on the Website, and applied online or through the call centre a test drive will be booked and confirmed by our call centre.
To apply for a test drive, please contact the call centre or submit an enquiry form online. If you arrange for someone other than yourself to drive your vehicle to one of the AA Autobay branches or to test drive a vehicle on your behalf, you will be required to complete a buyer or seller indemnity form before the test drive can commence. Under no circumstances can an individual under the age of 18 and who does not have a valid South African or international driver's license be authorised for this purpose. The onus is on you to ensure that these restrictions are observed.
Before any sale is completed a seller will be required to send the vehicle for an AA Multipoint check at an independent AA approved test centre. The cost of such a test is for the seller's account and is payable directly to the AA approved test centre.
Pricing and Availability
Prices for vehicles which can be bought online are displayed on the AA Autobay Website at [www.aaautobay.co.za.] AA Autobay uses all reasonable commercial efforts to post accurate prices. Value-added tax at the rate of 14% is charged on goods bought by South African residents. Should vehicles however be incorrectly priced on the AA Autobay Website, the seller will not be obliged to sell his/her/its car at such incorrect price, nor will AA Autobay be liable to any potential purchaser for such mistake. In the event that the discrepancy between the online price and the actual price is material, AA Autobay will only be liable to refund monies actually paid by the buyer for the vehicle in question, subject to the return of the vehicle to the seller.
Vehicles are on offer until they are sold. AA Autobay will take all reasonable commercial efforts to discontinue the offer as soon as a vehicle is no longer available, but AA Autobay shall not be liable in the event that any vehicle is still being advertised on the AA Autobay Website after it has been sold.
Offer to Purchase Vehicles
Should you wish to make and offer on a vehicle, please contact our call centre on 0861 22 22 29.
Vehicle Financing
If you want to apply for vehicle finance, please contact our call centre on 0861 22 22 29 or submit a finance application form on the AA Autobay Website.
Contract Formation
AA Autobay elects to communicate the terms of a buyer's offer to a seller. AA Autobay will notify the buyer of the seller's decision. If an offer is made during a test drive AA Autobay elects to mediate discussions between sellers and buyers. Under no circumstances will AA Autobay allow buyers and sellers to share contact information before a sale is concluded.
The Sale Agreement between a buyer and a seller comes into full force and effect once AA Autobay receives written confirmation that the agreement has been concluded and all monies due are paid.
Because of the difficulties inherent in AA Autobay establishing the identity of online buyers and sellers and without detracting from the Security Measures described below, you hereby agree to be bound by all instructions, offers, applications and other forms of electronic communications which you send to AA Autobay or through the AA Autobay Website and which purport to originate from you or from an email address or mobile phone number which you provided telephonically or via the AA Autobay Website or on any application forms (collectively "Instructions"). You hereby indemnify AA Autobay, its employees, directors, agents, representatives and Affiliated Companies against any loss or damage which AA Autobay purport to emanate from you in this manner, regardless of whether or not you did in fact authorise such Instructions, with no liability of whatever nature attaching to AA Autobay in regard thereto.
Risk in and to any vehicle purchased through the AA Autobay Website passes to the buyer when the buyer signs the delivery receipt. Ownership of any vehicle passes to the buyer in respect of cash sales when AA Autobay receives confirmation of payment from the receiving bank. The passing of ownership in cases where the vehicle is financed is governed by the terms and conditions of the applicable Financial Institution.
Insurance
If you want to apply for insurance, you may contact our call centre to arrange a quote.
Delivery and Lead times
Signature of the contract will only take place once any deposit that may be required, has been received and confirmed by the bank. This could take up to 72 hours depending on the method of payment. Physical delivery of the vehicle will only take place once a buyer has signed both his contract and his delivery receipt. The seller's keys will be handed over to AA Autobay and AA Autobay will handover the keys to the buyer. Payment will be effected where applicable. AA Autobay will ensure payment to the seller and collect monies from the buyer. Ownership of the vehicle passes from the seller to the buyer on the date and at the time of delivery.
Guarantees and Warranties Returns and Refunds
Despite the fact that vehicles undergo an AA Multipoint check as envisaged in these terms, AA Autobay does not guarantee vehicles bought through the AA Autobay Website. All such vehicles are sold "voetstoots" and AA Autobay disclaims all warranties of whatever nature in relation to the vehicles sold through the AA Autobay Website, including without limitation any warranty/guarantee that any vehicle:
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complies and perform in accordance with the specifications detailed on the AA Autobay Website;
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is fit for any purpose or free from design and manufacturing errors (including latent defects); and/or
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is roadworthy (whether or not it was tested by the AA).
Any purchaser is entitled to cancel a Sale Agreement and related Finance Arrangements prior to taking delivery. If a finance agreement is applicable to the purchase and has already been signed the Finance Cooling off period applies. ‘Finance Cooling off period’ is defined as “when any credit agreement in respect of which the initiative emanated from any credit grantor or his manager, agent or employee, is signed by any credit receiver ,at a place other than the business premises where the credit grantor or his manager, agent or employee ordinarily carries on business, the credit receiver may within five days after the date of the credit agreement terminate it by notice in writing delivered or sent by prepaid registered mail to the credit grantor, and by tendering the return of any goods delivered to him in terms of the credit agreement”
No Fees or other monies paid by you when using the Services are refundable, even in the event that AA Autobay pursuant to a vehicle testing and/or appraisal elects not to offer the vehicle for sale on the AA Autobay Website or if a potential buyer chooses not to purchase a car that he/she has test driven.
Commercial Communications
By providing your contact details on the AA Autobay Website you agree that AA Autobay may send you emails, SMS' and the like, using the contact details submitted by you. You are entitled to ask AA Autobay at any time to remove you from its mailing list by logging such a request with AA Autobay's call centre or e-mailing info@aaautobay.co.za. You acknowledge and agree that all electronic communications which you send to AA Autobay from time to time (also those that take the form of agreements, notices and disclosures) satisfy all legal requirements as if they were in hard copy form, including the requirement where relevant that they be "in writing".
Privacy policy
AA Autobay may during the course of your use of the AA Autobay Website electronically collect store and use your personal information including your gender, country of residence, non-personal browsing habits and click patterns, e-mail address, IP address, ID number, and credit card and bank account details. This will be for internal use only.
AA Autobay will do all that is commercially reasonable to protect such personal information from unauthorised use or disclosure.
Security measures – Data Protection
The security, accuracy and integrity of the data on the AA Autobay Website (including vehicle test results, users' personal financial information, and all other information stored on the databases that support the website ("Website Data") is of material importance to the AA. AA Autobay accordingly reserves the right to conduct whatever verification of your identity and details it deems appropriate, and to use whatever technological and other measures it deems necessary to detect and prevent unauthorised access or attempts to gain unauthorised access to the Website Data or to restricted pages of the AA Autobay Website. You hereby agree to allow AA Autobay to take all reasonable steps to ensure the integrity and security of the Website Data and related back-office applications and agree to comply at your cost with all reasonable security measures which AA Autobay may notify to you from time to time regarding access to the Website Data.
Any person who delivers or attempts to deliver any damaging code to the AA Autobay Website or attempts to gain unauthorised access to any page on this site or to any Website Data shall be prosecuted and civil damages shall be claimed in the event that AA Autobay or any of its customers suffers any damage or loss.
No advice, financial advice or solicitation
While AA Autobay makes available the Website Data and the Services to assist you, nothing contained on the AA Autobay Website should be construed as any form of advice or as an offer or solicitation in relation to any vehicle whatsoever. You undertake not to rely on the Website Data (including without limitation Independent AA Approved Test Centre Reports) or other content of the website as the sole criterion in taking decisions or actions that may influence your financial position, but to exercise your own skill and judgment in placing reliance on the information and to consult an expert or professional where necessary.
Content of the AA Autobay Website
Photographs of Advertised Vehicles - We require digital photographs of all the vehicles that are advertised online through the AA Autobay Website. Photographs are taken when you take your vehicle for an appraisal at one of our branches.
Improvements - AA Autobay reserves the right at any time to change, improve, correct or discontinue without notice, any content, aspect or feature of the AA Autobay Website and/or the Services, in its discretion, and to suspend or deny access to the AA Autobay Website or any Service for any reason whatsoever.
Lawful use - AA Autobay cannot screen or edit all the content available from the AA Autobay Website and does not accept liability for defamatory, obscene or otherwise unlawful content. You are encouraged to inform AA Autobay of any content that may be offensive or unlawful. You warrant in favour of AA Autobay that -
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by accessing the AA Autobay Website you are legally entitled to do so, that you are duly registered, licensed and authorised to use the Services where applicable, and that you have the requisite capacity to conclude legally binding transactions with AA Autobay; and
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you will not use the AA Autobay Website, Services or the Website Data for any purpose that is unlawful or contrary to these Terms.
Intellectual property rights
General - All intellectual property rights not expressly granted are reserved and are protected from infringement by local and international legislation and treaties. The content of the AA Autobay Website is provided solely for your private, individual use and you agree not to copy, reproduce, transmit, distribute, sell, publish, broadcast or in any other way disseminate the content or any part thereof. To obtain permission for the commercial use of any of the content on the AA Autobay Website, please contact us using the Contact Details provided under these Terms & Conditions.
Copyright - Copyright of the content of the AA Autobay Website and the databases and data accessible through the AA Autobay Website, including without limitation all software, databases, text, graphics, icons, hyperlinks, designs and pricing information, vests exclusively in AA Autobay and/or are licensed to AA Autobay. You may download, view and print content from the AA Autobay Website for private and non-commercial purposes only.
Trademarks - The trademarks, names, logos and service marks displayed on the AA Autobay Website are the registered and unregistered trademarks of AA Autobay and/or its Affiliated Companies. Nothing contained on the AA Autobay Website should be construed as granting you any licence or right to use any trademark without the prior written permission of the AA.
Use of hypertext links, framing, spiders and crawlers
Hypertext links to external websites - These may be provided for your convenience. Such websites are, however, beyond the control of AA Autobay and AA Autobay does not endorse, approve of or make any representation regarding the content and any advice, opinions, products and services offered via such websites. Use or reliance on any external links is at your own risk. When visiting external websites please refer to such sites' terms and conditions of use.
Hypertext links to the www.aaautobay.co.za website - No hypertext links of whatever nature may be created to the AA Autobay Website or any of its pages from any website, and no pages comprising this site may be framed and no technology may be used to search and gain any information from this site, without the prior written consent of AA Autobay. Please contact us for such consent using the Contact Details or phoning the call centre.
Disclaimer
No warranties - While AA Autobay makes every reasonable effort to ensure that the Website is available 24/7 and that the Website Data and other information we make available to you via the AA Autobay Website is reliable, complete and up-to-date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up-to-date, the AA Autobay Website and all its content, together with the Services, are provided "as is". Save as set out in these Terms, AA Autobay makes no representations and provides no warranties or guarantees of whatever nature regarding the AA Autobay Website, its availability, content and/or the Services. In particular, AA Autobay does not warrant or guarantee -
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the accuracy, completeness, validity, timeliness or reliability of the Website Data or its fitness for use in any jurisdiction; or
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the error free use, secure use and/or availability of the AA Autobay Website.
Own reliance - Your use of the AA Autobay Website and your use of and reliance on Website Data or any part thereof is at your own risk. You remain solely responsible for your instructions and the lawfulness and soundness of any decision you make or action you take as a result of your use of the AA Autobay Website, the Services and the Website Data. You also remain responsible for ensuring adequate protection and back-up of data and for taking reasonable and appropriate precautions against viruses and other malicious programs.
Indemnity - Without prejudice to any of the rights of AA Autobay at law or under these Terms, you will have no claim against and hereby indemnify the AA, its directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which AA Autobay or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the AA Autobay Website, including without limitation:
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any breach by you of these Terms, including your use of the AA Autobay Website for any purpose that is unlawful under South African law, international law or the law of any jurisdiction applicable to you;
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any action taken by AA Autobay pursuant to your instructions or instructions that purport to emanate from you in the manner described above;
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any loss of business, profits, opportunity and/or data; and
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any action taken or decision made by you in reliance on the Website Data.
AA Autobay will not be liable to you or any third party and you hereby waive whatever claims you may have against the AA, its directors, employees, agents, representatives or Affiliated Companies for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from:
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any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and/or any inaccuracy or error occurring in respect of your Offer or any Registration or Application Form;
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any unavailability of the AA Autobay Website or Services for whatever reason, including the failure or delay by any third party service providers to render any service necessary to ensure the availability of the AA Autobay Website;
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any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;
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any unauthorised access by third parties to the AA Autobay Website or Website Data or the interception of communications between us;
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any failure, errors or delay in receiving or acting on your Instructions or stopping or cancelling any transaction;
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any failure, errors or delay in making available or transmitting any information to you.
You acknowledge and agree that AA Autobay provides this Portal for free and the Value-Added Services at a nominal fee in reliance upon this Disclaimer and that the provisions of this Disclaimer are material to the agreement between us and will survive the termination of these Terms for whatever reason.
Governing law and Disputes
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the AA's Customer Relations Department, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Subject to the foregoing, you hereby consent to the jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with these Terms, or any matter related to or in connection therewith.
General Legal Terms
These Terms constitute the sole record of the agreement between you and AA Autobay in relation to the subject matter hereof. Neither you nor AA Autobay shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and AA Autobay in respect of the subject matter hereof. No indulgence or extension of time which either you or AA Autobay may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
You are not entitled to cede, assign and delegate any of your rights or obligations in terms of these Terms to any third party without the prior written consent of AA Autobay.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should AA Autobay be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as AA Autobay is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then AA Autobay shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
General Company Information
AA AUTOBAY directors. M Swanepoel, MP De Canha, RL Hiemstra, OS Arbee, AH Mohamed, HR Brody
AA AUTOBAY registration number. 1983/009088/07
AA AUTOBAY place of registration. 81 Steel Road, Spartan, Kempton Park 1619, Johannesburg, Republic of South Africa
Physical address for receipt of legal service of documents. 81 Steel Road, Spartan, Kempton Park 1619 (marked for the Attention of Kobus Davidtz)
Regulatory compliance.
Fee Schedule ***
Please contact one of our nearest branches for more detail regarding our fee schedule or contact our call centre on 0861 22 22 29
All vehicle prices are quoted inclusive of VAT at 14%.
*Amounts invoiced as License & Registration and/or Admin fees are for services performed by AA Autobay on behalf of the client in registering and licensing the vehicle within the municipal area of the AA Autobay performing the service. Should AA Autobay agree to undertake the registration and licensing of the vehicle outside of this area, the additional costs incurred by AA Autobay in this regard shall be for the client's account. The pricing quoted above includes – where applicable – all government fees and service fees.
** AA Members: Subject to discounted rates.
Copyright (c) August 2006 the Imperial Group (Proprietary) Limited
trading as AA Autobay All Rights Reserved.
*** Please note that due to escalating operating costs the facilitation fee payable by both buyer and seller will increase to 3.5% (with a minimum of R3500 excl. VAT) from 1 May 2010.
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