1
1.1. These Eezy Track Limited (Eezy Cars Platform) Terms and Conditions (hereinafter referred to as 'Terms
and Conditions')
shall govern the sale of vehicles through the Company's website at
https://www.eezycars.co.ke
and/or any other internet based electronic platform or application
used by the Company for the online
sale of vehicles and which platform is accessible by the
entire world (hereinafter referred to as the
'Eezy Cars Platform').
1.2. Access to the Eezy Cars Platform is on a registration basis.
1.3. All Sales on the Eezy Cars Platform whether by auction or Private treaty shall be conducted in
accordance with these Terms and Conditions
1.4. These Terms and Conditions shall apply to all Users of the Eezy Cars Platform including Sellers,
Private
Sellers, Buyers, potential Buyers, Bidders, and auctioneers.
1.5. All Users warrant that they have read and understood these Terms and Conditions.
1.6. Users shall be deemed to have accepted to be bound by these Terms and Conditions when they
click and/or sign against the section with 'I have read these Terms and Conditions' and when
they click 'I accept'.
1.7. A User who disagrees with these Terms and Conditions or any part of these Terms and
Conditions, must not use the Eezy Cars Platform.
1.8. A User who uses the Eezy Cars Platform in the course of a business or other organizational
project:
1.8.1. confirms that they have obtained the necessary authority to agree to these Terms and
Conditions;
1.8.2. confirm that they bind both themselves and the person, Company or other legal entity
that operates that business or organizational project, to these Terms and Conditions; and
1.8.3. agree
that 'User' in these Terms and Conditions shall reference both the individual User
and the relevant person, Company or legal entity unless the context requires otherwise.
1.9. The Company reserves the right to make changes to these Terms and Conditions from time to
time,
without prior notice to the User. The most recent version of the Terms and Conditions shall
be
available for the User's acceptance or refusal at the time of logging into the Eezy Cars
Platform.
The effective dates of amendments to these Terms and Conditions shall be indicated
at the Appendix of
the Terms and Conditions. It shall be the responsibility of the User to keep
themselves updated on the
Terms and Conditions and amendments thereto. Continued use of
the Eezy Cars Platform after any
amendment of the Terms and Conditions shall be deemed to
be express acceptance of or acceptance by
conduct of any such amendment.
2.1. In these Terms and Conditions unless the context indicates otherwise, the following words or
expressions
shall have the following meanings.
2.2. 'Asking Price' means the price indicated as the starting price for a vehicle that is on sale
by
way of Private treaty.
2.3. 'Auction' / 'online public auction' means the public sale of a vehicle by a
licensed
auctioneer through the Eezy Cars Platform to the highest bidder.
2.4. 'Auctioneer' means a person licensed under the Auctioneers Act, 1996 (hereinafter
referred
to as the 'Auctioneer's Act') to engage in auctioneering business.;
2.5. 'Auction Hours' refer to the hours between 10 am and 12 noon of the advertised date of
auction,
subject to a dynamic ending of the auction.
2.6. 'Bid' means an offer of money for a Vehicle. It also means virtually clicking the 'Bid
Now'
button on the Eezy Cars Platform and entering a bidding amount;
2.7. 'Bidder' means an individual, entity or representative who submits a bid for purchase a
Vehicle
listed on the Eezy Cars Platform for sale;
2.8. 'Buyer' means the Bidder with the highest Bid at the end of the Auction or the purchaser of
a
vehicle sold by Private treaty;
2.9. 'Business Day' means the time between 8.00 a.m. to 5.00 p.m. from Monday to Friday and
9.00
a.m. to 1.00 p.m. on Saturday, with the exception of gazetted public holidays;
2.10. 'Contract of Sale' means the written contract for purchase of a vehicle formed between the
Private Seller and the Buyer upon conclusion of a sale by Private treaty;
2.11. 'Deposit' means an amount of money, determined by the Company from time to time, payable
by the bidders and potential Buyers, which enables them to place bids and make offers for
purchase
of vehicles on the Eezy Cars Platform.
2.12. 'Dynamic Ending' means the automatic extension of bidding time that occurs on the Eezy
Cars Platform every time a bid is placed within the last 5 minutes of the indicated time of close
of the
auction. The time extensions may continue until there are no more bids.
2.13. 'Listing' means the placement of a Vehicle on the Eezy Cars Platform for purposes of sale
or
marketing.
2.14. 'Offer' means an offer of money for the purchase of a Vehicle on the Eezy Cars Platform;
2.15. 'Pre-bidding' means the process of placing bids before the Auction Hours;
2.16. 'Purchase Price' means the value in money payable in consideration for a vehicle bought by
auction or Private treaty.;
2.17. 'Private Sale'/ 'Private treaty' means the process of selling a vehicle
which is listed on the
Eezy Cars Platform, by way of a deal negotiated between a Seller and a Buyer, without recourse
to an
auction process;
2.18. 'Private Seller' means a person who has delivered his vehicle to the Company for the
Company
to sell the vehicle by way of Private treaty and who pays a commission agreed upon
with the Company for
a successful sale together with any other charges as may be agreed upon
between him and the Company;
2.19. 'Reserve Price' means the price indicated on the Eezy Cars Platform as the lowest
acceptable
price for a vehicle;
2.20. 'Seller' means a lender, creditor or Private Seller who is entitled in law to sell a
Vehicle on
auction,
2.21. 'User' means any person who uses the Eezy Cars Platform and includes a Bidder, Buyer, Seller,
Private Seller and auctioneer;
2.22. 'Vehicle(s)' means any kind of motor car, supercar, motor cycle or motorised caravan,
every
kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and
electrical
plant and equipment;
2.23. Any reference in these Terms and Conditions to:
2.23.1. a clause is, subject to any contrary indication, a reference to a clause of these Terms
and Conditions;
2.23.2. where a word or expression is given a particular meaning, other parts of speech and grammatical
forms of that word or expression have a corresponding meaning;
2.23.3. if any provision in a definition confers rights, or imposes obligations on any party, effect is
to be given to it as a substantive provision of these Terms and Conditions;
2.23.4. unless the context indicates otherwise an expression which denotes any gender includes
both the others;
2.23.5. reference to a natural person includes a juristic person;
2.23.6. the singular includes the plural, and the plural includes the singular;
2.23.7. any number of days prescribed in this Agreement refers to business days and excludes
the first
day and includes the last day;
2.23.8. unless the context indicates otherwise, if the day for payment of any amount or
performance of any obligation falls on a day which is not a Business Day, that day will
be the next
Business Day;
3.1. The use of the Eezy Cars Platform shall be governed by these Terms and Conditions and as far
as the
circumstances of each sale transaction permit, the Laws of Kenya, including the
Auctioneers Act, 1996,
The Auctioneers Rules, The Data Protection Act, 2019, the Law of
Contracts Act, the Sale of Goods Act,
and, the Company's Website Terms of Use Policy and
Company's Data Privacy Policy.
3.2. The Company makes no promises or guarantees as to the availability of the Eezy Cars Platform,
or that a User will have uninterrupted, secure or error free access to the Eezy Car Platform. The
Company
excludes all liability in relation to any inability of a User to access the Eezy Cars
Platform, place
Bids, make Offers or availability of real time notifications.
3.3. A User agrees that the use of the Eezy Cars Platform which includes making Offers, placing Bids
and
purchasing vehicles, is at the User's own risk and that Offers and Bids might not be received,
accepted
or utilised.
3.4. By using and accessing the Eezy Cars Platform, the User warrants and promises that the User:
a. is
at least 18 years old.
b. has the right, authority and capacity to enter into a legally binding
contract.
c. has supplied the Company with accurate and true details about the User.
d. shall be
solely liable for actions taken using the User's Username and password to
access the Eezy Cars Platform, whether taken by the User or third parties and/or with
or without the
User's consent or knowledge.
e. will act lawfully, diligently and honestly at all times when accessing and using the Eezy
Cars
Platform and will comply with all laws and regulations.
f. will not interfere with, jeopardise, disrupt or harm the Eezy Cars Platform and will not
intercept,
expropriate, re-use, steal or re-utilise any system, data, photographs or
information comprised in or
provided via the Eezy Cars Platform.
3.5. The Eezy Cars Platform and all information, content, materials, products (including
software) and services included on or otherwise made available to the User are provided
on an 'as
is' and 'as available' basis, unless otherwise specified in writing.
3.6. The Company disclaims all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
3.7. The User
acknowledges that the Company:
a. is not a party to the sale of any Vehicle;
b. does not warrant that the Seller is willing and/or able
to perform its obligations to the
Buyer as contained herein; and
c. will not be a party to any dispute between the Seller and the Buyer in
relation to the
Vehicle.
3.8. The Company reserves the right in its sole discretion and without giving reasons to exclude
any
User from using the Eezy Cars Platform where the User has breached or threatens to
breach these Terms
and Conditions and/or engages in any behaviour which the Company
in its sole discretion regards as
likely to have an adverse effect on the conduct of the sales
on the Platform or the reputation of the
Company.
3.9. The Company reserves the right in its sole discretion and without giving reasons to exclude
and remove any vehicle listed for sale on the Eezy Cars Platform.
4.1. User Registration
4.1.1. All the Users shall:
a. complete, in full, the registration or subscription documents provided on
the Eezy
Cars Platform;
b. certify that the information provided by the User in all respects is true and correct;
c. furnish the Company with such supporting documentation as may be required by
the Company for any reason whatsoever;
d. acknowledge that the bidding for any Vehicle on the Eezy Cars
Platform and any
sale concluded as a result thereof will give rise to a contractual relationship
between the Seller and
the Buyer.
4.1.2. All Sellers other than Private Sellers may be required to register and pay a non-refundable,
non- transferable annual subscription fee as may be determined by the Company from
time to time.
4.1.3. All Sellers including lenders, creditors, financial institutions, commercial Sellers, and,
auctioneers
who sell more than one (1) Vehicle in a year on the Eezy Cars Platform must
be registered Users and may
be required to pay an annual subscription fee as may be
determined by the Company from time to time.
4.1.4. Any Private Seller who wishes to gain access to the Eezy Cars Platform must register as
required for all other Users and pay any fees as may be determined by the Company.
4.1.5. It shall
be the sole responsibility of the User to keep and maintain the safety of their
account name or number and password.
4.1.6. The Company reserves the right to deny access to Users without any explanation or to
make
approval of a User subject to special conditions.
4.1.7. The User's registration is deemed to be consent by the User that the Company may
conduct various checks on the User including checks with any third parties as
circumstances may require.
4.1.8. The Company may from time to time request updated information from the User to verify
the User's information or for any other purpose the Company may deem fit.
4.2. Vehicle Registration
4.2.1. Unless otherwise agreed with the Company in writing, a Vehicle shall not be deemed
accepted for listing unless and until the Seller, Private Seller or auctioneer has complied
with clause
4.1 above and has produced:
a. the Vehicle and stored it at any authorized storage facility;
b. a copy of the Vehicle's
logbook;
c. the keys of the Vehicle;
d. any required entry fee as shall be communicated by the
Company from time to
time.
4.2.2. It is the duty of the Seller or Private Seller to ensure the Vehicle is insured
against third
party damage and/or theft whilst at the storage facility or otherwise in the Company's
control and
shall remain insured until risk passes to a Buyer
4.3. The Deposit
4.3.1. Any User who wishes to place a bid or bids, offer or offers on any vehicle or vehicles on
sale on the Eezy Cars Platform must pay a refundable Deposit of Kshs. 5,000/= as shall
be directed by
the Company via the Eezy Cars Platform.
4.3.2. Any bidder whose bid is not successful shall be entitled to a refund of the Deposit less any
applicable
transaction fees but may in writing request the Company to retain the Deposit
for use in future sales.
4.4. Fees due to the Company
4.4.1. Without prejudice to any other rights of the Company under these Terms and Conditions
in respect of the charging of commission, entry fees, and any other relevant fees, the
Company is
entitled to charge commission in all cases including but not limited to:
a. when a Vehicle is sold via auction irrespective of whether the sale is later rescinded
(save further
to an act or omission of the Company);
b. if the Vehicle is sold (or re-sold) by way of Private Sale;
c. if the Vehicle is re-sold further to
the default of the Buyer or the Seller;
d. if the Seller becomes the Buyer.
5.1. All Online Public Auctions shall be conducted by a licensed and duly instructed auctioneer.
5.2. All online Public Auctions shall be conducted in accordance with these Terms and Conditions,
and,
in as far as they are applicable to the conduct of public auctions, the Auctioneers' Act and
the
Auctioneers' Rules.
5.3. All Users understand that the Eezy Cars Platform facilitates the conduct of simultaneous
auctions.
5.4. All vehicles for sale by way of online public auction shall be registered on the Eezy Cars Platform
by an auctioneer.
5.5. An online public auction shall be overseen by the auctioneer who registered the vehicle on the
Eezy
Cars Platform.
5.6. A vehicle registered on the Eezy Cars Platform for auction can only be withdrawn by the
auctioneer
who registered it subject to payment of all charges incurred by the Company.
5.7. Where a sale of a vehicle is subject to a reserve price, and subject to contrary instructions by a
Seller,
the vehicle cannot be sold below the reserve price.
5.8. The reserve price of a vehicle shall be indicated on the Eezy Cars Platform as the starting price
of
the vehicle.
5.9. Where a sale is subject to a reserve price, the successful bid may equal the reserve price.
5.10. Every bid shall constitute a firm offer to purchase the Vehicle on offer for the bid amount.
5.11. Bids can only be submitted electronically through the Eezy Cars Platform. No alternative form
of
bidding shall be accepted or considered valid for any reason whatsoever.
5.12. The Eezy Cars Platform may bear a standard rate of increment of bids.
5.13. The Eezy Cars Platform permits Users to place pre-bids.
5.14. Pre-bids escalate the price of the vehicle.
5.15. Pre-bids are visible to all registered Users of the Eezy Cars Platform.
5.16. Pre-bids mature into bids at the commencement of the auction.
5.17. An online public auction shall be conducted during the Auction Hours.
5.18. When the live auction commences, the highest pre-bid shall be the starting bid.
5.19. Bids may continue to be made during the auction hours.
5.20. A Bidder may retract a bid at any time before the sale is complete.
5.21. A bid may be retracted by way of an email to hello@eezygroup.net during the Auctions Hours.
5.22. A sale is complete when the highest bid is accepted by the auctioneer and highest Bidder notified
of
his successful bid by way of an email from the auctioneer following the end of the Auction
Hours.
5.23. An auction on the Eezy Cars Platform shall close at the end of the Auction Hours subject to a
dynamic
ending.
5.24. The highest bidder at the end of the Auction Hours, is the Buyer of the vehicle on auction.
5.25. In the event of equal bids being received during an auction, and the said equal bids being the
highest
bids received, the Auctioneer shall declare the bidder who placed the first highest bid,
as Buyer of
the vehicle.
5.26. The Highest bidder may receive an email notification of his successful bid from the Eezy Cars
Platform.
5.27. The highest Bidder shall within a reasonable time after the lapse of the Auction Hours receive
by
way of an email from the auctioneer, a confirmation of purchase and payment details in
respect of the
monies due for the Vehicle purchased.
5.28. In the event that the highest bidder withdraws their bid after the sale, the Deposit paid by the
bidder
with the Eezy Cars Platform shall be forfeited and the next highest bid shall be declared
the winning
bid, subject to meeting the reserve price.
5.29. The Vehicles will be sold not earlier than seven days after the first newspaper advertisement
and
not later than fourteen days thereafter.
5.30. If a vehicle is not sold on any of the days it is put up for auction, the auctioneer shall take
instructions
from the Seller on the re-advertisement of the motor vehicle and a subsequent
auction or auctions may
be conducted at the date and time prescribed in the subsequent
advertisement or advertisements.
5.31. A vehicle that is subject to taking of further instruction by the auctioneer may continue to appear
on the Eezy Cars Platform for marketing purposes only.
5.32. If after a re-advertisement a vehicle does not receive any bids, the auctioneer may elect to
withdraw
the motor vehicle from the Eezy Cars Platform and explore an alternative mode of
auction or sale.
5.33. Once a vehicle is auctioned, the vehicle shall be removed from the Eezy Cars Platform.
5.34. Title, ownership and risk in the vehicle sold on auction vests in the Buyer upon completion of
sale.
5.35. The auctioneer will exercise a possessory lien over the vehicle together with documents of title
until
full payment of the purchase price and compliance with any other conditions of sale.
5.36. Neither the auctioneer nor the Company, their employees or agents, shall be responsible for any
loss
or damage of any kind whether caused by negligence or otherwise while any vehicle is in
their custody,
possession or under their control following the completion of sale.
5.37. The Company reserves the right to cancel an auction at any time without giving reasons.
5.38. Any price indicated or conveyed at an Auction, is stated inclusive of Value Added Tax ('VAT'),
other applicable sales tax and/or Company commission, if applicable.
5.39. Bidders are expressly forbidden from any form of bid manipulation, including collusion or bidding
on
any Vehicle that they themselves or a party affiliated with them are selling in an Auction.
5.40. Bidders are strictly forbidden from bidding under a false name or as an agent for a person who
would
be prohibited by these Terms and Conditions, the Auctioneers' Act, The Auctioneers' Rules
and
any other applicable laws, rules and regulations.
6.1. The Seller warrants and guarantees that:
6.1.1. the Seller is the true owner of the Vehicle and/or is properly authorised to sell the Vehicle
by
the true owner or by law;
6.1.2. the Seller is able to transfer a good title to the Vehicle free from any third-party claims;
6.1.3. the odometer (or the total mileage of a Vehicle if stated to be different from the odometer)
if noted as 'warranted' will be true and accurate;
6.1.4. the Vehicle has its true and
proper registration mark and chassis number and/or vehicle
identification number that corresponds to the Vehicle registration documents;
6.1.5. the year
registered and the year of manufacture which has been provided by the Seller is
correct (save that when the expression 'unknown' or 'year as seen' is used – no
warranties or representations are given regarding the age of a Vehicle); and
6.1.6. all representations made and documents and/or information provided by the Seller in any
form concerning the Vehicle are accurate and informed, and the Seller acknowledges that
such
representations will be relied upon by the Company, the auctioneer and the Buyer.
6.1.7. the Vehicle is free from any encumbrance in favour of any third party not declared or
known to the Seller at the time of sale.
6.2. The Seller shall not interfere with an auction process unless called upon by the Auctioneer
effecting
the auction. -
6.3. The Seller shall indemnify the Company, its servants and agents, the Auctioneer and the Buyer
against any loss or damage suffered by them in consequence of any breach of the warranties
set out
herein above on the part of the Seller.
6.4. So far as permitted by law, the Seller agrees to indemnify, defend, and hold the Company
harmless
from any and all damages, losses, liabilities, costs, expenses including legal fees,
disbursements, and
VAT, or claims (whether direct or indirect, known or unknown, foreseen or
unforeseen) that may arise
from or be related to the damage of the Vehicle or any other event
affecting the Vehicle, unless such
event or damage is a result of the Company's negligence.
6.5. So far as permitted by law, the Seller agrees to indemnify and keep indemnified, defend, and
hold the Company harmless in respect of any liability to taxation, duty, charge or levy in the
nature of
taxation (including all penalties, charges, costs and interest relating to any of them),
past, present
or future, wherever imposed, that the Company may suffer as a direct or indirect
consequence of the use
of the Eezy Cars Platform and/or Services.
6.6. the Seller agrees that where a Vehicle is available for sale at the Eezy Cars Platform, they shall
not
advertise or purport to sell the Vehicle elsewhere. In the event that a Seller fails to comply
with
this Clause, the Seller acknowledges that they may incur legal liabilities to the Company,
the
auctioneer and/or the Buyer where a Sale is concluded pursuant to an auction conducted
through the Eezy
Cars Platform.
6.7. For the avoidance of doubt, nothing in these Terms and Conditions limits the liability of the
Buyer
or Seller for:
a. death or personal injury caused by negligence; or
b. fraud or fraudulent misrepresentation; or
c.
breach of any of the Laws of Kenya; or
d. any other matter for which it would be illegal or unlawful to
exclude or attempt to
exclude liability.
7.1. Bidders and Buyers warrant and represent to the Company that they have read and agreed to
be bound
by these Terms and Conditions.
7.2. The Buyer warrants and represents that the exclusions of liability (whether by the Company or
the
Seller) are fair and reasonable.
7.3. Each Bidder and Buyer shall provide his true name and address and such other information and
proof
of identity - as may reasonably be required by the Company.
7.4. The Buyer understands and agrees that all vehicles are sold on 'as is and where is' basis
with
all faults and imperfections and errors of description. The absence of any reference to the
condition
of a Vehicle does not imply that the Vehicle is free from faults, imperfections and/or
restorations.
Illustrations in catalogues or brochures are for identification purposes only. The
Company will not be
held responsible for any damage or defect on the vehicles.
7.5. It is the Bidders' responsibility to satisfy themselves prior to bidding as to the condition of
each
Vehicle and should exercise and rely on their own judgement as to whether the Vehicle accords
with its description. Bidders bid on the understanding that, inevitably, representations or
statements
as to the genuineness, origin, date, age, vehicle starting capability or condition
involve matters of
opinion. Neither the Company, its employees or agents nor the Seller nor the
auctioneer shall be liable
for the correctness of such opinions and errors of description or the
genuineness or authenticity of
any Vehicle.
7.6. Bidders and Buyers agree that they shall immediately update the Company on any changes to
information
provided by them to the Company.
7.7. Bidders and Buyers warrant and represent to the Company that they understand and agree that:
a.
they have no rights against the Company in respect of the quality, condition or
merchantability of the Vehicles;
b. the Company does not conduct any safety checks; or
c. prior to
making any Offer in respect of any Vehicle, they will satisfy themselves
regarding the value and condition of the Vehicle by inspecting it and/or making such
other background
checks as are prudent and sensible.
7.8. Bidders and Buyers agree to fully and effectively indemnify the Company, the Auctioneer and
the Seller and hold them harmless on demand against any losses, costs, damages, expenses or
liabilities
(including legal fees on a full indemnity basis) suffered by reason of the Bidder or
Buyer being in
breach of these Terms and Conditions.
7.9. By placing a Bid, the Bidder warrants that they have the ability and the intention to proceed
with
the purchase of the Vehicle.
8.1. Immediately following the end of the Auction Hours, the Buyer shall follow the appropriate
process
as notified by the auctioneer and pay the purchase price.
8.2. The Buyer should make payment of the total purchase price in the currency advertised within
24 hours after confirmation of the sale by the auctioneer. Should the Buyer be unable to make
payment of
the full price within 24 hours of the confirmation of the sale, including instances
when the Buyer is
procuring third party financing for the purchase price, the Buyer will be
expected to notify the
auctioneer by way of email and pay a deposit of not less than 25% of the
purchase price within 24 hours
after receiving confirmation of the sale. The balance of the
purchase price must be paid within 48
hours of receiving confirmation of the sale. If the Buyer
fails to make the payment as communicated by
the auctioneer, the auctioneer retains the
absolute discretion to exercise any of the options set out
at clause 10 below.
8.3. Where a Buyer is obtaining third party financing for the balance of the purchase price, he shall
be required to provide the auctioneer with an offer letter or any other form of the third party's
approval
to finance the balance of the purchase price within 24 hours of the confirmation of the
sale. In the event of any delay in obtaining third party financing by the Buyer, the Buyer shall
be
liable for all fees, costs, claims and charges emanating from such delay.
8.4. No cash payments will be accepted by the Auctioneer or the Company in payment of the
Purchase
price. Payment must be done by either mobile money transfer or electronic funds
transfer. The Company
reserves the right to refuse any other method or means as payment.
8.5. Unless stated otherwise in this Terms and Conditions, all payments shall be exclusive of any
transaction
fee.
8.6. Before remitting the proceeds of any sale to the Seller, the Auctioneer is entitled to deduct his
charges
from the purchase price and any other charges as he may be instructed or as he may
agree with the
Seller.
8.7. Where the Buyer fails to pay the balance of the purchase price following payment of the deposit
on the purchase price or a part thereof, the Deposit paid to the Company shall stand forfeited
and the
deposit on the purchase price of 10% or any other lesser amount, shall similarly stand
forfeited and be
deemed as liquidated damages inclusive of the auctioneer's fees, flowing from
the Buyer's
default. Any amount paid by the Buyer in excess of 10% of the purchase price shall
be refunded to the
Buyer within seven days of the default.
9.1. The Seller shall give and the Buyer shall take possession of the Vehicle within 48 (forty-eight)
hours after paying the Purchase Price. The Buyer shall collect the Vehicle directly from the
storage
facility. All risk in and to the Vehicle shall pass from the Seller to the Buyer upon
completion of
sale.
9.2. Where the vehicle is stored at the Company's storage facility, and the Buyer fails to collect
the
Vehicle from the storage facility within forty-eight (48) hours as aforementioned, then the
Company
shall be entitled to store the Vehicle and charge storage charges of not be less than
Kshs. 500 per day
inclusive of VAT and associated costs, which shall be borne by the Buyer. The
Company shall not release
the vehicle to the Buyer and shall exercise a lien over the vehicle
until such time as the storage and
associated costs have been paid by the Buyer.
9.3. Where the vehicle is stored at any other authorized storage facility not owned by the Company,
their
storage Terms and Conditions shall apply.
10.1. If the Buyer does not honour its obligations for payment under Clause 8 above in any way, the
Auctioneer
may elect to exercise one or more of the following rights or remedies:
a. to rescind the Sale and re-auction the Vehicle and retain or recover from the defaulting
Buyer all
costs incurred as a result of the default of the Buyer including liquidated
damages stipulated herein.;
and/or
b. to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future
auction;
10.2. In the event of default on payment by a Buyer who has paid more than 10% of the purchase
price within the initial 24 hours, the Buyer will be reimbursed the amount in excess of 10% of
the
purchase price. The Deposit paid to the Company and the stipulated 10% liquidated damages
will be
retained consistently with the provisions of clause 8.7 herein.
11.1. All Private Sales conducted via the Eezy Cars Platform shall be conducted by the Company,
which
for purposes of the sale is the Private Seller's agent.
11.2. The mandate of the Company in Private sales shall include:
a. listing the Vehicle on the Eezy Cars
Platform as a mode of advertising the Vehicle or
on any other platform the Company may deem suitable, for purposes of securing the
best possible price
for the Vehicle;
b. ensuring safe storage of the Vehicle pending sale;
c. receiving offers and bids through the Eezy Cars
Platform or any other method
d. regulating the bidding process on the Eezy Cars Platform including the
fixing of the
rate of bid increment
e. communicating any offers or bids to the Private Seller
f. communicating
the Private Seller's acceptance or refusal of an offer or a bid to the
maker
g. availing information regarding the viewing of the Vehicle to Bidders and other
potential Buyers
h. signing the Contract of Sale on behalf and with the authority of the Private Seller
i. receiving the Purchase Price on behalf of the Private Seller
j. paying the Purchase Price to
the Private Seller less the agreed commission and any
other charges that may be due from the Private Seller
k. withdrawing the Vehicle from the Eezy Cars
Platform for any reason whatsoever and
without giving reasons, before or after a sale
11.3. The Company is an agent of the Private Seller solely for the purpose of securing a Buyer and
shall
not be liable for any breach, liability, loss or damage by or to the Private Seller or Buyer
however
occasioned.
12.1. A Private Seller wishing to engage the Company to sell his Vehicle by way of Private treaty
through the Eezy Cars Platform or otherwise shall deliver the motor Vehicle to the Company's
designated
yard.
12.2. The Private Seller must provide all information, authorities and consents required by the
Company
including by filing in any documents and forms provided by the Company, with regards
to:
a. the motor Vehicle including the title documents of the Vehicle, any defects and
accidents the motor
Vehicle may have been involved in, the reasons for selling the
motor Vehicle amongst others.
b. his full identity including his postal and physical address, mobile number and email
address
c. authorizing the Company to sell the Vehicle and to sign the Contract of Sale on his
behalf
d. undertaking to pay the Company its commission on the sale and any other charges that
may be incurred
by the Company in the conduct of the sale.
e. his ownership of the Vehicle and agreement to transfer the ownership and possession
to the Buyer
f. any other information that may be required by the Company
The Private Seller warrants and guarantees that:
13.1. the Private Seller is the true owner of the Vehicle and/or is properly authorised to sell the Vehicle
by the true owner or by law;
13.2. the Private Seller is able to transfer good title to the Vehicle free from any third-party claims;
13.3. that the Private Seller shall co-operate with the Company and the Buyer to ensure an expeditious
transfer
of the ownership of the Vehicle to the Buyer.
13.4. the Vehicle is free from any charge or encumbrance in favour of any third party, not declared or
known
to the Private Seller at the time of sale.
13.5. the Buyer shall have and enjoy quiet possession of the Vehicle;
13.6. the Vehicle has its true and proper registration mark and chassis number and/or Vehicle
identification
number that corresponds to the Vehicle registration documents;
13.7. the year registered and year of manufacture which has been provided by the Seller is correct
and
save that where the year is indicated as unknown, no warranties or representations are
given regarding
the age of the Vehicle.
13.8. all representations made and documents and/or information provided by the Private Seller
regarding
the Vehicle are accurate and the Private Seller acknowledges that such
representations, documents
and/or information shall be relied upon by the Company and the
Buyer.
Bidders, Potential Buyers and Buyers warrant and agree that: -
14.1. they have read and agreed to be bound by these Terms and Conditions.
14.2. by placing a Bid or making an offer for purchase of a Vehicle, the Bidder or Potential Buyer
warrants
that they have the ability and the intention to proceed with the purchase of the Vehicle.
14.3. they have the capacity to enter into the Contract of Sale.
14.4. they shall provide their true name and address and such other information and proof of identity
as
may reasonably be required by the Company.
14.5. it is their responsibility to satisfy themselves prior to bidding or making an offer for purchase of
a Vehicle, as to the condition of each Vehicle and should exercise and rely on their own
judgement
as to whether the Vehicle accords with its description. Bidders and Potential Buyers
bid on the
understanding that, inevitably, representations or statements as to the genuineness,
origin, date, age,
Vehicle starting capability or condition involve matters of opinion. Neither the
Company nor its
employees or agents nor the Seller shall be liable for the correctness of such
opinions and errors of
description or the genuineness or authenticity of any Vehicle.
14.6. all Vehicles are sold on a 'as is and where is' basis with all faults and imperfections and
errors
of description. The absence of any reference to the condition of a Vehicle does not imply that
the Vehicle is free from faults, imperfections and/or restoration. Illustrations in catalogues or
brochures
are for identification purposes only. The Company will not be held responsible for any
damage or defect
on the Vehicles.
14.7. they have no rights against the Company in respect of the quality, condition or merchantability
of
the Vehicles;
14.8. the Company does not conduct any safety checks;
14.9. they agree to fully and effectively indemnify the Company and/or the Private Seller and hold
them
harmless on demand against any losses, costs, damages, expenses or liabilities (including
legal fees on
a full indemnity basis) suffered by reason of their breach of these Terms and
Conditions.
15.1. Upon delivering the Vehicle to the Company's designated yard, the Vehicle shall undergo a
valuation
for purposes of determining its market and forced sale values.
15.2. The Private Seller undertakes that the valuation report shall be a point of reference when
determining
the Asking Price.
15.3. The Private Seller may consult with the Company regarding the Asking Price.
15.4. The valuation report shall be available on the Eezy Cars Platform for viewing by Users.
15.5. The Purchase Price shall be paid as agreed upon by the Private Seller and the Buyer in the
Contract
of Sale.
16.1. The Eezy Cars Platform shall avail protentional Buyers with four options: 'Bid', 'Autobid'
'Make
an Offer' and 'Buy Now'.
16.2. The 'Bid' option is available to bidders making an offer to purchase a Vehicle and who are
subject
to the bid increment rate.
16.3. The 'Autobid' option is available to bidders who wish to make a substantially high bid
unbound
by the bid increment rate.
16.4. The 'Make an Offer' option is available to potential Buyers offering to purchase the
Vehicle at a
price lower that the indicated Asking Price.
16.5. The 'Buy Now' option is available to bidders ready to purchase the vehicle at the indicated
Asking
Price.
17.1. The Company shall inform the Private Seller of all bids and offers received on the Vehicle.
17.2. The Private Seller shall confirm his acceptance or refusal of the bids or offers to the Company.
17.3. Upon acceptance of a bid or offer by the Private Seller, the Company shall inform the Buyer of
his
successful bid or offer, and invite the Buyer to sign the Contract of Sale and pay the Purchase
Price.
17.4. The Buyer shall pay a deposit of at least 25% of the purchase price within 24 hours of being
notified
of his successful bid or offer and the balance of the purchase price shall be paid within
the next
following 24 hours.
17.5. In the event that the Private Seller declines all the bid or offers received, the Private Seller may
re-instruct the Company to re-advertise the Vehicle for sale or may withdraw the Vehicle from
the
Company subject to payment of all costs, fees and charges incurred by the Company.
18.1. The Contract of Sale shall be a binding and enforceable written agreement between the Private
Seller
and the Buyer on the purchase of the Vehicle.
18.2. The Contract of Sale shall be signed by the Private Seller or the Company when duly authorized
and
by the Buyer or his agent authorized in writing.
18.3. All obligations, rights and liabilities under the Contract of Sale shall be the Private Seller's
and
Buyer's obligations, rights and liabilities, and shall not attach to the Company or the Buyer's
agent who may have executed the Contract of Sale on their behalf.
19.1. The ownership and risk in the Vehicle sold by Private treaty shall vest in the Buyer upon payment
of
the Purchase Price whether delivery has been made or not.
19.2. The Company's designated yard where the motor Vehicle is stored shall be the place of delivery.
19.3. It shall be the obligation of the Buyer to take possession of the Vehicle upon payment of the
Purchase
Price.
19.4. The Company and the Private Seller shall not be liable for any loss or damage to the Vehicle
caused
by the Buyer's delay or failure to promptly take possession of the Vehicle immediately
upon
payment of the Purchase Price.
19.5. Where the Buyer fails to take possession of the motor Vehicle within the timelines stipulated by
the
Contract of Sale, which shall in any event be upon payment of the Purchase Price, he shall
be liable to
pay storage and associated charges that may accrue as a result of his failure whether
the Vehicle is
stored at the Company's storage facility or a third-party storage facility.
19.6. At the time the Buyer takes possession of the Vehicle, the Company shall initiate the process of
transferring
the Vehicle to the Buyer on behalf of the Private Seller, and shall provide the Buyer
with the
documents of title required by the Buyer to obtain registration of the Vehicle in his
favour.
20.1. The Company shall remit the Purchase Price less its commission and any other charges agreed
upon to the Private Seller within two working days of receipt from the Buyer.
20.2. Unless otherwise agreed between the Company and the Private Seller, the Company shall not
be under
any obligation to remit the Purchase Price to the Private Seller until such time as the
Buyer remits
the full Purchase Price.
21.1. If the Buyer does not honour its obligations for payment under Clause 17 above in any way, the
Private
Seller may elect to exercise one or more of the following rights or remedies:
a. to rescind the Sale and put up the vehicle for sale again and retain or recover
from the defaulting
Buyer all costs incurred as a result of the default of the
Buyer including liquidated damages of 10% of
the Purchase price; and/or
b. to reject or ignore any bids or offers made by or on behalf of the defaulting
Buyer at any future
sale;
21.2. In the event of default on payment by a Buyer who has paid more than 10% of the purchase
price within the initial 24 hours, the Buyer will be reimbursed the amount in excess of 10% of
the
purchase price within 7 days. The Deposit paid to the Company and the stipulated 10%
liquidated damages
will be retained by the Company and the Private Seller respectively.
22.1. Personal data will be processed as set out in the Data Privacy Statement which can be viewed
at
http://www.eezygroup.net/compliance as updated, amended or replaced by the Company
from time to time
and in accordance with the Data Protection Act No. 24 of 2019
22.2. The User warrants that they have read and understood the Data Privacy Policy and agree to be
bound
by the policy upon accepting to be bound by these Terms and Conditions.
23.1. The use of the Company's website is subject to the Website use Terms and Conditions which
can be viewed at http://www.eezygroup.net/compliance as updated, amended or replaced by
the Company from
time to time.
23.2. The User warrants that they have read and understood the website use Terms and Conditions
and agree to be bound by the same upon accepting to be bound by these Terms and Conditions.
24.1. The interpretation of these Terms and Conditions shall be governed by and construed in
accordance with the laws of the Republic of Kenya.
24.2. Users are hereby submitting to the non-exclusive jurisdiction of the courts of Kenya.
01/07/2023
Terms and Conditions Effective Date