Terms and Conditions of Sale

  1. This Purchase Agreement records the description of the vehicle, and any extras or repairs that are to be carried out by the Seller in the price agreed before handover of the vehicle to the Buyer. No other work will be carried out unless committed to writing and authorised by the Seller
  2. Payment of the full purchase price of the goods shall be made by EFT to the Seller's Bank in cleared funds and free of all charges before handover of the vehicle will take place.
  3. Cash payment will not be accepted by the Seller. If cash is paid into the Seller’s bank, contrary to this Seller’s directive, the vehicle will not be handed over until the Buyer has satisfied all SA Reserve Bank, SARS and other legal requirements regarding cash transactions.
  4. Ownership of the goods shall remain vested in the Seller until all amounts owing by the Buyer have been paid in full into the Seller’s bank in cleared funds and free of all charges.
  5. Risk of ownership is transferred to the Buyer upon receipt of full payment or hand over whichever is the soonest, after which time he and/or his Insurer carries all Risks. Despite such transfer of Risk, the Buyer will allow the Seller’s qualified driver to move the vehicle from place to place in order to prepare the vehicle for handover.
  6. A storage fee may be levied to the purchaser of an asset that has not collected the asset within 7 days of paying in full.
  7. Handover of the vehicle will be made at the Seller’s Brentwoodpark yard or at any place in the Johannesburg Reef area, nominated by the Seller.
  8. The Buyer may not add any extras to the vehicle until full payment has been received by the Seller thereafter such additions are at the Buyer’s risk even if it is done before handover.
  9. The distance recorded on the vehicle's odometer is as it was received from the previous owner. It is the Buyer's responsibility to confirm the accuracy of such recording.
  10. Statements in this Agreement, any advertisements and the like, regarding weights, kilometres, capacity, horsepower etc shall be taken to be approximate only, and sketches and illustrations are not binding as to detail. It is the Buyer's responsibility to confirm the accuracy of such values.
  11. If the vehicle is to be Exported, it is the responsibility of the Buyer to arrange such Export and to comply with all requirements related thereto.
  12. If during the preparation of the vehicle and before handover, the Seller may cancel this Agreement in its sole discretion, if it is found that there are defects, or other reasons, that will make it uneconomical to repair at the price stated in the Agreement. In such instance the Buyer will have no recourse for damages.
  13. The Seller does not accept any responsibility for delay in handover from whatever cause arising.
  14. If the Buyer wishes the Seller to ‘hold’ the vehicle for an agreed Period of time, the Buyer shall buy an Option for the Period, such Option will ensure the vehicle is ‘held’ for the Buyer until the Option period expires. The price and terms of the Option shall be recorded on this Purchase Agreement, clearly indicating the finish time and date, when the balance of the full Purchase price of the vehicle must be paid into the Seller’s bank account in cleared funds. The price of the option Period shall be paid into the Sellers bank account within 24 hours of signing this agreement.. Should the term of the Option Period expire before the full purchase price has been paid, the Seller is entitled, at its sole discretion, to cancel this Purchase Agreement without notice. The Seller will refund to the Buyer of the Option the Option price less 15% of the full vehicle Purchase price including VAT to offset loss of earnings and expenses incurred.
  15. The Vehicle is sold without any warranties of whatever nature by the Seller. The Seller shall not be responsible to the Buyer or any other person for damage, injury or consequential loss of whatever nature sustained by the Buyer or any other person howsoever such damage, injury or loss is caused.
  16. ATN may have considered service items such as, but not limited to, clutches, brake linings, batteries, tyres etc, adequate for further use. These savings are reflected in the price of the vehicle. Buyers may request, before delivery, replacement clutches or brakes and other service items etc at an additional cost.
  17. On delivery an ATN delivery note will be required to be completed and signed by an authorized representative of the client. The client hereby acknowledges this requirement and will send an authorized representative to complete and sign the delivery note on the client’s behalf.
  18. The client understands that it has purchased a used vehicle and its associated equipment which may have latent defects that have not been identified by ATN during its purchase and preparation for resale. The client warrants that it will not hold ATN liable should such a defect become evident after delivery.
  19. When this Purchase Agreement is accepted by the Seller, the Terms and Conditions stated herein shall form part of the Purchase Agreement.
  20. The Parties consent to the jurisdiction of the Magistrate's Court in terms of section 45 of the Magistrate's Court Act 1944 as amended in respect of any claim arising between the parties. Notwithstanding such consent, the Seller may, at its option, institute any proceedings in the appropriate division of the High Court of South Africa