EEZY TRACK LIMITED  

(“The Company”)

 

GENERAL CONDITIONS OF SALE

1.    GENERAL

1.1 This document describes the Terms and Conditions applicable to the use of the Services made available by Eezy Track Limited. Eezy Track Limited provides a platform that consists of cloud-hosted software-as-a-service applications and an online marketplace (hereinafter referred to as the “Eezy Cars”).  Access to the Platform is on a registration basis.

 

1.2 All Sales shall be conducted in accordance with these Terms and Conditions.

2.    DEFINITION

In these Terms and Conditions, unless the context indicates otherwise, the following words or expressions shall have the following meanings:  

2.1   “Accept or Acceptance” means when the Seller accepts an offer made by the bidder or    Potential Buyer;

 

2.2   “Bid” means an offer of money for a Vehicle listed for bidding. It also means virtually clicking the “Bid Now” button on the Eezy Cars and entering a bidding amount;

 

2.3   “Bidder” means an individual, entity or representative seeking to purchase a Vehicle listed on Eezy Cars for bidding;

 

2.4   “Bidding Hours” means the dedicated hours/time limit for each Bidding;

 

2.5   “Buyer” means the highest Bidder whose offer is accepted or a potential buyer whose offer is accepted.

 

2.6   “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.;

 

2.7   “Contract of Sale” means the contract for purchase formed between the Buyer and the Seller once a bid or an offer to purchase has been accepted.

 

2.8   “Dealer” means the person or entity appointed by the Company or the seller to conduct a Private Sale or a Private Treaty Sale.

 

2.9   “Deposit” means the deposit, as shall be determined from time to time, paid by the potential Bidders before bidding or by Potential Buyers before making an offer;

 

2.10 “Eezy Cars” means the internet-based electronic website operated by the Company located at https://www.eezycars.co.ke and/or any other internet-based electronic platform or application used by the Company;

 

2.11 “Listing” means an advertisement for a Vehicle for sale, inviting a User to place an Offer;

 

2.12 “Offer” means an offer of money for the purchase of a Vehicle listed on the Eezy Cars;

 

2.13 “Potential Buyer” means a person who makes an offer to purchase a vehicle that is for sale via Private treaty sale.

 

2.14 “Price” means the value which the Bidder or Potential Buyer Offers to the Seller and Seller accepts.

 

2.15 “Private Sale” means selling of a Vehicle by a willing private car owner through the Platform.

 

2.16 “Private Seller” means the company, organization or individual that has put up its/his Vehicle for sale through a Private Sale;

 

2.17 “Private Treaty Sale” means when a seller advertises a vehicle as being on the market and prospective buyers make their offers directly on the Platform.

 

2.18 “Registration” means all of the following:

 

2.18.1       the payment of the Deposit electronically, or as otherwise notified by the Company;

 

2.18.2       presentation of valid application form at the Company’s office;

 

2.18.3       Acceptance of valid application form online in the case of online registration.

 

2.19 “Reserve Price” means the price stipulated as the lowest acceptable by the Seller;

 

2.20 “Roadworthy” means that a Vehicle complies with all legislation in force from time to time to ensure that Vehicles do not cause a danger on the roads and highways (including any regulations as to brakes, steering, gears, tyres, lighting equipment or any other such matter);

 

2.21 “Seller” means a lender, creditor or Private Seller who is entitled in law to sell a Vehicle but not necessarily the owner;

 

2.22 "User" means the user, juristic or natural, of the Website and includes the Bidder, Buyer and the Seller;

 

2.23 “Vehicle(s)” means any kind of motor car, supercar, motorcycle or motorised caravan, every kind of commercial, agricultural and other self-propelled vehicles, together with mechanical and electrical plant and equipment;

 

2.24 Any reference in these Terms and Conditions to:

2.24.1   a clause is, subject to any contrary indication, a reference to a clause of these Terms and Conditions;

 

2.24.2   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;

 

2.24.3   If any provision in a definition confers rights, or imposes obligations on any party, the effect is given to it as a substantive provision of these Terms and Conditions;

 

2.24.4   Unless the context indicates otherwise an expression which denotes any gender includes both the others; reference to a natural person includes a juristic person; the singular includes the plural, and the plural includes the singular;

 

2.24.5   Any number of days prescribed in this Agreement refers to business days and excludes the first day and includes the last day;

 

2.24.6   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.    COMPANY INFORMATION

3.1  Eezy Track Limited is a limited liability private company registered under the Companies Act,2015.

 

3.2  The Company reserves the right to determine whether a vehicle will be sold via Private Sale or Via Private Treaty Sale.

 

3.3  Eezy Cars is operated and owned by the Company and as such the Company may, at its sole discretion, terminate, restrict and/or refuse the use of the Site.

4.  PRIVATE SALE GROUND RULES

4.1  All Private Sales shall be conducted and facilitated by a Dealer, who has the sole right to regulate the bidding process and control the bid increments as well as the right to withdraw any Vehicle, as the case may be, scheduled to be sold.

 

4.2  Every Bid shall constitute a firm offer to purchase the Vehicle on offer for the amount bid.

 

4.3  The Company is, in all cases, an agent for the Private Seller and as such shall not be responsible for any default by the Private Seller.

 

4.4  All Private Sales shall be subject to a Reserve Price. The Seller reserves the right to reject any bid below the minimum Reserve Price.

 

4.5  All bids placed will be submitted electronically through the Eezy Cars Site. No alternative form of a bid will be accepted or considered valid for any reason whatsoever.

 

4.6  Any contract of sale shall be made directly between the Private Seller and the Buyer.

 

4.7  The Private Seller shall be responsible for paying all the taxes and/or fees imposed by the Government.

 

4.8  The Buyer shall pay the purchase price within 24 hours of bidding. If the Buyer pays a minimum of 25% of the purchase price within the initial 24-hour period, they will be granted an additional 24 hours to pay the remaining balance or furnish the Dealer with a letter of commitment of payment of the balance from a financing institution. In the event that the Buyer fails to comply with the payment requirements outlined in this clause, Clause 17 will take effect.

 

5.  PRIVATE TREATY SALE GROUND RULES

 

5.1   All Private Treaty Sales shall be conducted and facilitated by a Dealer, who shall have the sole right to regulate the negotiation process and withdraw any Vehicle, as the case may be, scheduled to be sold by way of Private Treaty.

 

5.2   If the Dealer indicates that a vehicle will be sold by private treaty, such indication shall constitute an invitation to treat and not an offer to sell.

 

5.3   All offers by interested parties be submitted electronically through the Eezy Cars Site. No alternative form of an offer will be accepted or considered valid for any reason whatsoever.

 

5.4   When the Potential Buyer makes an offer to purchase a Vehicle by private treaty, such offer shall be deemed to be made on these Terms and Conditions and subject to any special conditions contained in an Acknowledgement, any catalogue, particulars of sale or tender document or otherwise notified by the Dealer to the Buyer in writing (Private Treaty Sale Details).

 

5.5   In the event of equal and/or similar offers being received, the Dealer shall award the Potential Buyer who made their offer first.

 

5.6   The Dealer shall accept an offer in writing (Acknowledgement), at which point a contract for the sale and purchase of the Vehicle shall come into existence between the Seller and the Buyer on these Terms and Conditions and subject to any special conditions contained in the Sale Details.

 

5.7   The Buyer shall pay the purchase price within 24 hours after a contract is formed under clause 13.2. If the Buyer pays a minimum of 25% of the purchase price within the initial 24-hour period, they will be granted an additional 24 hours to pay the remaining balance or furnish the Dealer with a letter of commitment of payment of the balance from a financing institution. In the event that the Buyer fails to comply with the payment requirements outlined in this clause, Clause 17 will take effect.

THE FOLLOWING CONDITIONS APPLY WHETHER THE SALE IS BY PRIVATE SALE OR BY PRIVATE TREATY SALE

6.  CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS

 

6.1   The User 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”. The User warrants that they have read and understood all the terms and conditions.

 

6.2   Acceptance shall be done through the physical presentation of the application form by the User at the Company’s office or acceptance of the application form online.

 

6.3   The Company may change the Terms and Conditions from time to time, without notice to the User. It is upon the User to read the Terms and Conditions carefully each time before bidding.

 

7.      USE OF THE EEZY CARS SITE

 

7.1   The use of the Eezy Cars Site shall at all times be subject to the Data Protection Act, 2019, the Company’s Website Terms of Use Policy and the Company’s Data Privacy Policy. 

 

7.2   The Company makes no promises or guarantees as to the availability of the Eezy Cars Site and that a User will have uninterrupted, secure or error-free access to the Eezy Cars Site. The Company excludes all liability in relation to any inability of a User to access the Eezy Cars Site, place Bids, make Offers or availability of real-time notifications. 

 

7.3   A User agrees that its use of the Eezy Cars Site (which includes making Offers and placing Bids) is at the User’s own risk and that Offers and Bids might not be received, accepted or utilised by the Company. 

 

7.4   By using and accessing the Eezy Cars Site, the User warrants and promises that the User:

 

7.4.1      Is at least 18 years old.

 

7.4.2      Has the right, authority and capacity to enter into a legally binding contract.

 

7.4.3      Has supplied the Company with accurate and true details about the User.

 

7.4.4      Shall be solely liable for actions taken using the User’s username and password to access the Eezy Cars Site, whether taken by the User or third parties and/or with or without User consent or knowledge.

 

7.4.5      Will act lawfully, diligently and honestly at all times when accessing and using the Eezy Cars Site and will comply with all laws and regulations including the Act.

 

7.4.6      Will not interfere with, jeopardise, disrupt or harm the Eezy Cars Site and will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Eezy Cars Site.

 

7.5   The Eezy Cars Site 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.

 

7.6   The User expressly agrees that the use of the Eezy Cars Site is at sole risk of the User.

 

7.7   The Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

 

7.8   The User acknowledges that the Company:

 

7.8.1      is not a party to the sale of any Vehicle;

 

7.8.2      does not warrant that the Seller is willing and/or able to perform its obligations to the Buyer/Potential Buyer as contained herein; and

 

7.8.3      will not be a party to any dispute between the Seller and the Buyer in relation to the Vehicle.

 

8.      USER AND VEHICLE REGISTRATION

8.1   User Registration

 

8.1.1      All Users shall:

 

8.1.1.1  complete, in full, the registration or subscription documents provided on the Eezy Cars Site or the application form issued at the Company’s offices;

 

8.1.1.2  certify that the information provided by the User in all respects is true and correct;

 

8.1.1.3  furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever;

 

8.1.1.4  All Sellers will be required to register before listing their Vehicles for sale;

 

8.1.1.5  acknowledge that the bidding for any Vehicle on the Eezy Cars Site and any sale concluded as a result thereof will give rise to a contractual relationship between the Seller and the Buyer.

 

8.1.2      It is the sole responsibility of the User to keep and maintain the safety of their account name or number and password provided to them by the Company.

 

8.1.3      The Company reserves the right to deny access to Users without further explanation or to make approval of a user subject to special conditions.

 

8.1.4      The User's registration is deemed to be consent by the User that the Company may conduct various checks on the User including, without limitation, credit reference checks with a registered credit bureau.

 

8.1.5      The Company may from time-to-time request updated information from the User or from registered credit bureaus, to verify the User's information. 

 

 

8.2   Vehicle Registration

 

8.2.1      Unless otherwise agreed by the Company in writing, a Vehicle shall not be deemed accepted into Listing unless and until the Seller has complied with clause 8.1 above and has produced:

 

8.2.1.1  the Vehicle;

 

8.2.1.2  Vehicle’s logbook;

 

8.2.1.3  the keys of the Vehicle;  

 

8.2.1.4  any required entry fee as shall be communicated by the Company from time to time.

 

8.2.2      It is the duty of the Seller to ensure the Vehicle is insured against third party damage and/or theft whilst in the Company’s control and shall remain insured until risk passes to a Buyer upon Acceptance. Risk in the Vehicle remains with the Seller at all times until a Contract of Sale has been entered into.

 

8.2.3      All vehicles are sold “as is and where is” 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 that has not been notified to the Buyer.

 

8.2.4      Buyers must 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. Prospective 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 accept liability for the correctness of such opinions. Neither the Company, its servants or agents will be responsible for errors of description or for the genuineness or authenticity of any Vehicle.

 

9.      SELLER’S WARRANTIES, LIABILITY AND INDEMNIFICATIONS

 

9.1   The Seller warrants and guarantees that:

 

9.1.1      the Seller is the true owner of the Vehicle and/or is properly authorised to sell the Vehicle by the true owner;

 

9.1.2      the Seller is able to transfer a good and marketable title to the Vehicle free from any third-party claims;

 

9.1.3      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;

 

9.1.4      the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number and which corresponds to the Vehicle registration documents;

 

9.1.5      the year registered and year of manufacture which has been provided by a 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

 

9.1.6      every representation made by the Seller (in any form) concerning the Vehicle is wholly accurate and informed, and the Seller acknowledges that such representations will be relied upon by the Company and the Buyer.

 

9.2   The Seller shall indemnify the Company, its servants and agents, the Dealer 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.

 

9.3   So far as permitted by law, the Seller agrees to indemnify and keep indemnified, 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.

 

9.4   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 we suffer as a direct or indirect consequence of the use of the Eezy Cars Site and/or Services.

 

9.5   For the avoidance of doubt, nothing in this Terms and Condition limits the Company’s liability, nor, where applicable, the liability of the Buyer or Seller for:

 

9.5.1      death or personal injury caused by negligence; or

 

9.5.2      fraud or fraudulent misrepresentation; or

 

9.5.3      breach of the Sales of Goods Act, CAP 31 Laws of Kenya; or

 

9.5.4      any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.

 

10.   BUYER’S WARRANTIES, LIABILITY AND INDEMNIFICATIONS

 

10.1 By placing a Bid/making an offer, the Bidder/Potential Buyer warrants that they have the ability and the intention to proceed with the purchase of the Vehicle. All bids/offers placed by the Bidder/Potential Buyer constitute an irrevocable offer by the Bidder/Potential Buyer to the Seller and may not be withdrawn by the User, unless otherwise agreed in writing by the Seller.

 

10.2 Risk in the Vehicle passes to the Buyer upon notice of Acceptance of successful bid/offer. It is therefore the Buyer’s duty to insure the Vehicle from that time.

 

10.3 The Buyer warrants and represents to the Company that it has read and agreed to be bound by the Terms and Conditions. The Buyer warrants and represents to the Company and the Seller that the exclusions of liability (whether by the Company or the Seller) are fair and reasonable.

 

10.4 Each prospective Buyer shall provide his true name and address and such other information and proof of identity (whether in respect of money laundering procedures or otherwise) as may reasonably be required by the Company.

 

10.5 The Buyer understands and agrees that it is the Buyer’s duty to ensure that all necessary safety checks on the Vehicle are undertaken before putting the Vehicle into use (including placing them on the highway).

 

10.6 It is the Buyer’s responsibility and it shall accordingly and additionally warrant and represent to the Company that it will do all things necessary to ensure (including by undertaking repair or maintenance as necessary) that the Vehicle is safe for operation and use and that the Buyer has all necessary permits, certificates or any other legally required documentation or insurance as may be necessary to use the Vehicle.

 

10.7 The Buyer warrants, represents and undertakes that it will do all things necessary to ensure that the Vehicle is Roadworthy or, where not Roadworthy, that they are put in a condition so as to be Roadworthy and safe for use before putting them on the road.

 

10.8 Each Buyer agrees that it shall immediately update the Company on any changes to information provided by it to the Company.

 

10.9 The Buyer warrants and represents to the Company and the Seller that it understands and agrees that:

 

10.9.1    it has no rights against the Company in respect of the quality, condition or merchantability of the Vehicles;

 

10.9.2    the Company does not conduct any safety checks; or

 

10.9.3    prior to making any Offer in respect of any Vehicle, it will satisfy itself regarding the value and condition of the Vehicle by inspecting them and/or making such other background checks as are prudent and sensible.

 

10.10     Each Buyer agrees to fully and effectively indemnify the Company 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 the Company by reason of the prospective Buyer being in breach of the Terms and Conditions including under the Contract of Sale.

  

11.   GENERAL SALE GROUND RULES

 

11.1 The Seller reserves the right, in its sole and absolute discretion and without reason to withdraw any Vehicle from listing at any time before acceptance of a bid. In the event, the seller withdraws a vehicle from listing they shall pay for all the cost incurred by the Company and the Dealer.

 

11.2 The Company reserves the right to exclude any Bidder/ Potential Buyer from any Bid/making offer where the Bidder/Potential Buyer 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 Bidding or the reputation of the Company.

 

11.3 The Company reserves the right in its sole discretion to exclude any Vehicle from offers and to refuse acceptances, Bids or offers for a Vehicle as well as to discontinue Bidding or related services altogether for a vehicle at any time and/or from time to time.

 

11.4 Any price indicated or conveyed on Eezy Cars Site, is stated inclusive of Value Added Tax (“VAT”), other applicable sales tax and/or Company commission, if applicable.

 

11.5 Bidders/Potential Buyers are expressly forbidden from any form of bid/offer manipulation, including collusion.

 

11.6 Bidders are strictly forbidden from bidding under a false name or as an agent for a person who would be prohibited by this Terms and Conditions.

 

 

12.   BIDDING/LISTING ENTRY

12.1 Entry of the Bidder

 

12.1.1    Before the entry to the Bid or making an offer, the Bidder/Potential Buyer must have registered and paid a refundable deposit of Kenya Shillings Five Thousand (Kshs. 5,000).

 

12.1.2    No Bids/offers will be taken from unregistered persons.

 

12.1.3    If a Bidder/Potential Buyer is unsuccessful in the transaction, they may recover their Deposit from the Company (less the transaction fees) or, they may request in writing that the Company keep the Deposit against future Biddings/offers in which the potential buyer may participate, and make them a registered ‘regular customer’ of the Company provided they produce valid identification when requested.

 

12.2 Entry of the Seller

 

12.2.1    Before any Listing, a Private Seller must be registered as a User with an allocated Private Seller number.

 

12.2.2    All lenders, creditors, financial institutions and/or commercial sellers who sell more than one (1) Vehicle in a year must be registered Users and must pay an annual subscription fee as determined by the Company from time to time.  

 

 

13.   CONTRACT OF SALE

 

13.1 Bids/offers can be placed at any time whilst the Listing is live and before the specified end time which may be extended by the Dealer at its discretion.

 

13.2 When a Bid/offer is accepted by the Seller, a Contract of Sale is formed between the Buyer and the Seller. If the Bid/offer is above the Reserve Price, then the highest bid will automatically be accepted.

 

13.3 The Highest Bidder/Potential Buyer whose offer has been accepted shall within a reasonable time receive by email, a confirmation of purchase and an invoice in respect of the monies due for the Vehicle purchased.

 

13.4 Whilst risk in the Vehicle passes to the Buyer at the time of receipt of notice of acceptance of a successful bid/offer, all ownership and title in the Vehicle remain with the Seller until he/she has received the Purchase Price less any Fees.

 

13.5 Notwithstanding the provisions above, the Dealer in conjunction with the Seller, reserves the ultimate right, to fix a reserve price for Acceptance and to decline to sell to the Highest Bidder or any bidder or Potential Buyer, or even to accept any lower bid/offer, without giving any reasons.

 

13.6 Sellers agree that where a Vehicle is available for sale at the Eezy Cars Site, it 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 it may incur legal liabilities to a Buyer and/or the Company where it also enters into a Contract for the sale of the Vehicle elsewhere.

 

 

14.   PAYMENT AND COLLECTION

 

14.1 Immediately following issuance of the notice of acceptance, the Buyer shall follow the appropriate process as notified by the Platform/Company and pay the Purchase Price inclusive of VAT if applicable. If the Buyer fails to pay the purchase price as communicated by the Platform/Company, the Company shall have absolute discretion to cancel the Contract of Sale, to retain the Deposit, and the terms of clause 17 below will apply.

 

14.2 The Purchase Price shall be made in full in Kenya Shillings currency.

 

14.3 No cash will be accepted by the Company as payment from any successful Bidder/Potential Buyer in respect of any Vehicle sold. Payment must be done by either bank guaranteed cheque, debit card, mobile money transfer or electronic funds transfer. The Company reserves the right to refuse any other method or means as payment.

 

14.4 The Vehicle will only be released to the Buyer upon verification and confirmation of the payment.

 

14.5 Unless stated otherwise in these Terms and Conditions, all payments shall be exclusive of any transaction fee.

 

14.6 Before remitting the proceeds of any sale to the Seller, the Company is entitled to deduct from the Purchase Price the relevant fees in respect of each Vehicle (which may, for the avoidance of doubt, include but not limited to any commission due, advertisement fee, handling fee, repair fees, storage costs, valet and cleaning costs, the entry fee due (if not already paid) and any other previously notified fees chargeable).

 

14.7 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:

 

14.7.1    when the Vehicle is sold irrespective of whether the contract of sale is later rescinded (save further to an act or omission of the Company);

 

14.7.2    if the Vehicle is sold (or re-sold) by way of Private Sale or by way of Private Treaty;

 

14.7.3    if the Vehicle is re-sold further to the default of the Buyer, or the Seller;

 

14.7.4    if the Seller becomes the Buyer.

 

14.8 Without prejudice to any of the Company’s rights under these Terms and Conditions, for the avoidance of doubt, the Company is not under any obligation to pay any monies to the Seller following the sale until such time as the Buyer remits all monies due in accordance with this clause 14.

 

14.9 Where necessary and when applicable, a Buyer requiring third party finance, shall be required to obtain pre-approval of the third-party finance to the value, or exceeding the value, of the Vehicle purchased on Bidding or offer. In the event of a delay occasioned to obtaining third party finance by the Buyer, the Buyer shall be liable for all fees and claims stipulated herein.

 

14.10 In the event the Buyer fails to pay the Purchase Price within the set timelines herein, the Company will retain the deposit paid.

 

 

 

 

 

15.   TRANSFER OF OWNERSHIP

 

15.1 Notwithstanding delivery of the Vehicle and/or registration papers, transfer of ownership in and to the Vehicle shall remain vested in the Seller until such time as the Purchase Price has been paid in full.

 

15.2 Ownership in and to the Vehicle shall be deemed to pass from the Seller to the Buyer once the Company has confirmed receipt of all Purchase Price owing to the Seller.

 

15.3 After receiving the Purchase Price, the Seller shall ensure that they transfer the Tittle of the Vehicle to the Buyer in accordance with the law.

 

 

16.   POSSESSION, RISK AND DELIVERY

 

16.1 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 Company yard or any other yard as communicated by the Company. All risk in and to the Vehicle shall pass from the Seller to the Buyer upon receipt by the Buyer of the notice of acceptance of successful bid.

 

16.2 Should the Buyer fail to collect the Vehicle from the Company yard within forty-eight (48) hours as aforementioned, then the Company shall be entitled to store the Vehicle which storage and associated costs shall be for the Buyers sole account and will not be less than Kshs. 500 per day inclusive of VAT. The Company shall be entitled to not release the Vehicle to the Buyer until such time as the storage and associated costs have been paid by the Buyer and the Company will hold a lien over such Vehicle.

 

 

17.   BUYER’S DEFAULT

 

17.1 If the Buyer does not honour its obligations for payment under Clause 14 above in any way, as an agent of the Seller and without prejudice to any other rights it may have, the Company may at any time elect to exercise one or more of the following rights or remedies:

 

17.1.1    to rescind the Contract for Sale of the Vehicle sold to the defaulting Buyer; and/or

 

17.1.2    to retain the Deposit and to pursue the Buyer directly for all monies owed including damages for breach of contract; and/or

 

17.1.3    to enter the Vehicle(s) in question to be re-sold by way of Private Treaty or by way of Private Sale; and/or

 

17.1.4    to remove, store (either at the Company’s Yard or elsewhere) and insure the Vehicle at the expense of the defaulting Buyer; and/or

 

17.1.5    to reject or ignore any bids/offers made by or on behalf of the defaulting Buyer at any future Bidding or invitation to treat; and/or

 

17.1.6    to retain that or any other Vehicle(s) sold to the same Buyer and release it/them only after payment of the Purchase Price; and/or

 

17.1.7    to exercise lien on any property of the defaulting Buyer which is for any purpose in the Company’s possession.

 

17.2 When a Vehicle is re-sold pursuant to clause 17.1.3 or otherwise in accordance with the Terms and Conditions the Company shall determine in his sole discretion the order in which the proceeds of such re-sale will be applied to pay for all expenses incurred.

 

17.3 A buyer who defaults to pay the purchase price, will not be allowed to bid/make an offer for the same vehicle unless they want to place a bid/offer equal to or higher than the defaulted bid/offer.

 

17.4 In the event of default on payment by a buyer who has paid at least 25% of the purchase price within the initial 24 hours, the buyer will be reimbursed the partly paid purchase price minus Ksh. 15,000, which represents bank handling fees. In addition, the buyer will forfeit their deposit of Kshs. 5,000 paid to the Company.

 

 

18.   DATA PRIVACY

 

18.1 Personal data that is processed by the Company in relation to this terms and conditions shall be processed in accordance with the Company Data Privacy Policy which can be viewed at http://www.eezygroup.net/compliance as updated, amended or replaced by the Company from time to time.

 

18.2 The User shall be deemed to have accepted to be bound by the Data Privacy Policy when they click and/or sign against the section with “I have read these Terms and Conditions” and when they click “I accept”. The User warrants that they have read and understood all the terms and conditions contained in the Data Privacy Policy.

 

 

19.   WEBSITE USE

 

19.1 All 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.

 

19.2 The User shall be deemed to have accepted to be bound by the website use 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”. The User warrants that they have read and understood all the terms and conditions contained in the website use terms and conditions.

 

 

20.   APPLICABLE LAW

 

20.1 The interpretation, construction and effect of the Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the Republic of Kenya. 

 

20.2 Users are hereby submitting to the non-exclusive jurisdiction of the courts of Kenya.