Our agreementImperial 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:
· comprehensive online advertising to purchasers who have demonstrated their commitment by registering with us online;
· support and advice through AA Autobay call centre from 8am – 5pm Monday – Friday and Saturday 8am – 1pm;
· an AA Autobay Multipoint Check is carried out independently by AA Test and Drive, of your vehicle to facilitate sales and to put potential purchasers' minds at ease;
· AA Autobay representatives who will arrange test drives and will accompany potential buyers on test drives;
· AA Autobay partners who will consider the credit worthiness of potential purchasers through various Financial Institutions;
· Take care of all payment requirements;
· Vehicle value estimates based on the Mead & McGrouther guidelines and market trends
· The buyer is offered the option of transfer of vehicle registration details from your name (the seller) to that of the buyer.*
As a buyer, the AA Autobay Website offers you the convenience and security of:
· a detailed online description of the functionality of vehicles offered for sale on the AA Autobay Website;
· support and advice through AA Autobay call centre from 8am – 5pm Monday – Friday and Saturday 8am – 1pm;
· AA Test and Drive multipoint check report available on test drive, summarising the results of tests performed on the vehicle;
· Tests drives with an AA Autobay representative at one of our branches;
· Transfer of vehicle registration details to your name (the buyer) from that of the seller and licensing of the vehicle, at an additional cost; *
· AA Autobay partners to whom you can apply for vehicle finance and insurance you
These services ("Services") are described in greater detail on the various pages of the AA Autobay Website and further on in these terms and conditions ("Terms"). Please read these Terms carefully. By accessing 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 place the AA Autobay call centre which is manned from 8am – 5pm daily 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 to call is [0861 22 22 29].
Contact Details. You can register for the value-added services offered through the Website or contact us if you have any questions about our Services by:
· Email to [info@aaautobay.co.za];
· Fax to +27 11 454 1695;
· Post to PO Box 1327, Kempton Park, 1619 or
· Deliver to 81 Steel Road, Spartan, Kempton Park, 1619.
Registration
Value-added services. Registration entitles you to:
· View more detailed descriptions of all the vehicles offered for sale on the AA Autobay Website;
· View AA Test and Drive certified Multipoint check results for any vehicle offered for sale at test drive;
· Book test drives for you or your authorised representatives;
· Arrange for online payment or receipt of payment for your vehicle; and
· Apply for vehicle finance and insurance.
Registration process. To register for any value-added service simply complete the online Registration Form and submit. Subject to the Security Measures below, AA Autobay will email you confirmation of your registration ("Registration Confirmation").
Organising Vehicle Testing and Test Drives
AA Autobay advertises any vehicle for sale on the AA Autobay Website as “not checked” until, the owner of the vehicle must enable the AA Test & Drive to test the vehicle by bringing the vehicle to one of the listed AA Test & Drive Centres and list the vehicle as per the price suggested by Autobay staff. If AA Test & Drive in its sole discretion is satisfied with the results of the multi-point Check, AA Test & Drive then proceed with an HPI check once this has been completed and the vehicle passes this test it is then listed as “checked”. AA Autobay will advertise the vehicle on the AA Autobay Website, the report containing the test results will be made available on testing driving the vehicle. Each paragraph is protected by copyright laws and may not be copied or used for reproduction in any manner unless arranged for in writing. All photographs on this website are copyrighted and for web browser viewing 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 either vehicle testing or a test drive, please contact the call centre. If, you arrange for someone other than yourself to drive your vehicle to one of the AA Autobay’s Centres or to test drive a vehicle on your behalf, you will be prompted to accept the terms and conditions of the Waiver (no individual under the age of 18 and who does not have a valid South African or international driver's license may be authorised for this purpose. The onus is on you to ensure that these restrictions are observed).
The required fee must be paid directly to AA Autobay before a booking can be made with AA Test & Drive or before arriving for the assessment. (Please note that these fees are non-refundable, even in the event that AA Autobay pursuant to a vehicle testing, 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).
AA Autobay will accept your Booking by contacting you telephonically and sending you an email, confirming the date and time of the multi-point Check or Test Drive.
Pricing and Availability
Prices for vehicles (including delivery costs, taxes and any other fees or costs) 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 prices, 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 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. Placing a vehicle in the parking lot without completing the purchase cycle does not constitute an agreement of sale between a purchaser and a seller and you cannot hold AA Autobay liable if such vehicles are not available when the purchase cycle is completed later. AA Autobay may remove such an item from the parking lot if the vehicle is no longer available for whatever reason.
Offers 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, you may contact any one of our branches where you will be assisted by our Business Managers or sales person.
Contract formation
AA Autobay elect to accept to communicate the terms of your Offer to a seller, AA Autobay will notify you of its decision using the contact details in your Registration Form ("Offer Confirmation") and will communicate your offer to the seller. Ensure that FAIS, FICA & NCA documents are present.
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 the 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 provide in your Registration or any Application Forms (collectively "Instructions"). You hereby indemnify the AA, its employees, directors, agents, representatives and Affiliated Companies against any loss or damage which AA Autobay which 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 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 a 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 Financing Arrangement.
Online payments
You can only pay AA Autobay online for Service related fees in respect of listing your vehicle on the AA Autobay website by following the Proceed to Payment option. The following payment method are available:
- Credit card payments. At the time of selecting your listing services or any other application for which a fee is charged, the transaction details will be presented to the issuing bank and an authorisation is obtained for, the amount of the Fee. AA Autobay reserves the right to scrutinise all transactions very carefully to prevent attempted fraud and a transaction may be refused if AA Autobay is not satisfied that the transaction is a legitimate one.
Electronic funds transfer
You can pay AA Autobay for Service related fees or any other application for which a fee is charged to AA Autobay’s account. The following payment methods are available:
- Electronic Funds Transfer. If the buyer or fee payer selects the 'Pay Via EFT' option, the buyer will be be provided with the AA's bank account number and details.
Account Name: Imperial Group Pty Ltd trading as AA Autobay
Bank Name: First National Bank
Branch Number: 255005 – Corporate Branch
Account Number: 62214783351
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 sellers 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 money from 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 the AA Test & Drive tests vehicles 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:
- complies and perform in accordance with the specifications detailed on the AA Autobay Website;
- is fit for any purpose or free from design and manufacturing errors (including latent defects); and/or
- 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 to such buyer of the vehicle in question, unless the buyer has financed in which case 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 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.
Transaction records
A history of all the online Offers, Applications, Contracts, and Payments that you make from time to time using your account number is available on request to AA Autobay for a period of 6 months from the date when AA Autobay receives your Offer or Payment, or confirms in writing receipt of any Application or the conclusion of any electronic Contract. The terms of all Finance Arrangements, Insurance Policies and Agreements of Purchase and Sale concluded through the AA Autobay Website will be stored for a period of 6 months.
Commercial communications
By providing your contact details when registering you agree that AA Autobay may send you emails, SMS' and the like, using the contact details contained in your Registration Form. 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 Call Centre or e-mailing info@aaautobay.co.za, a written request to that effect using the Contact Details. 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 prior to Registration Confirmation, 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, including without limitation -
- using your Account Number and unique username and password (which complies with the character sets notified by AA Autobay from time to time and is changed when reasonably requested from time to time), and ensuring that authorised employees use such account number together with their unique usernames and passwords to log on to the secure pages of the AA Autobay Website; and
- taking all steps necessary to prevent the disclosure of passwords to any third party. If for any reason a password is no longer secure or becomes accessible to any unauthorised person, you must immediately notify AA Autobay thereof.
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.
Security Measures - Payment, payment information and personal information
AA Autobay warrants in your favour that the payment systems used on the AA Autobay Website are sufficiently secure with reference to accepted technological standards at the time when you pay any Purchase Price, Deposit, Insurance Premium, Finance Instalment and/or Fees, given the type of transactions concerned.
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 AA Test and Drive Test 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 during the Assessment at AA Test and Drive.
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 -
- 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
- you will not use the AA Autobay Website, the Service/s 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.
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 -
- the accuracy, completeness, validity, timeliness or reliability of the Website Data or its fitness for use in any jurisdiction; or
- 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, the use of your password, 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:
- 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;
- any action taken by AA Autobay pursuant to your instructions or instructions that purport to emanate from you in the manner described above;
- any loss of business, profits, opportunity and/or data; and
- 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:
- 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;
- 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;
- any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;
- any unauthorised access by third parties to the AA Autobay Website or Website Data or the interception of communications between us;
- any failure, errors or delay in receiving or acting on your Instructions or stopping or cancelling any transaction;
- any failure, errors or delay in making available or transmitting Registration Confirmations or Contract Conclusion Confirmations 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 (including any document such as the Registration Form, the Financing Terms and Conditions, the Financing Arrangement, the Insurance Terms and Conditions and the Insurance Polices referred to and incorporated herein by reference) 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 prices are quoted inclusive of VAT at 14%.
*Amounts invoiced as Registration & Licensing 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.