TERMS AND CONDITIONS FOR VEHICLE SALE
1. PAYMENT TERMS
Vehicles sold shall be paid under the terms and within the payment deadlines stated under the respective invoice. Failure to pay under the terms and within the deadline fixed above determines the time default interests fall due, calculated over the amount due and up to the full payment of the debt, at the interest rate for active operations applied by the Bank ABC, plus two (2) percentage points. In the event of a partial payment, MOTORCARE shall impute payment made to the payment of expenses, overdue interests and, ultimately, the capital.
2. PROPERTY OF GOODS UNTIL FULL PAYMENT
Vehicles sold are owned by MOTORCARE until they are fully paid. The transfer of the property of vehicle(s) to the Client shall only be undertaken following total and full payment of the price of sale. Without prejudice to reservation of the title, MOTORCARE may allow the Client to use the vehicle, provided that he/she presents valid liability insurance on the date of delivery of the vehicle(s) stated under the invoice. Such liability insurance should cover all risks of the vehicle(s) and of third parties, from whom MOTORCARE is the beneficiary.
3. WARRANTY ON THE GOOD
On selling new vehicle(s), in case the Client identifies any defect, he/she should notify MOTORCARE within thirty (30) days following delivery of the vehicle. MOTORCARE guarantees the good state and operation of new vehicle(s) for a period of three (3) years or 6,0000 km, whichever comes first from the date of delivery of the vehicle to the Client. Under shelter of the guarantee against defects provided, MOTORCARE will undertake repair, without charges to the Client, of defects reported, or if MOTORCARE cannot undertake such repair, MOTORCARE will substitute the vehicle, provided that all maintenance, as recommended by the manufacturer, has been done by MOTORCARE, or by any other party recommended by MOTORCARE. On selling the used vehicle(s), MOTORCARE does not guarantee that there will be no defects and only guarantees proper functioning for the period of six (6) months. Under the shelter of the guarantee of proper functioning, MOTORCARE will carry out repairs by repairing the vehicle’s breakdown, without any charges to the Client, provided that such breakdown is reported to MOTORCARE within fifteen (15) days from the date of delivery of the vehicle to the Client. MOTORCARE also guarantees post sale assistance, with the supply of parts and accessories for the new vehicles sold. In the case of used vehicles, the supply of parts and accessories depends on their being available with the original manufacturer of the used vehicles.
4. CANCELLING SALES
The sale contained under this invoice was made at MOTORCARE’s premises; thereby, the Client has no right to withdraw from the contract (art. 16, Law 22/2009, dated 28.9). MOTORCARE has the right to cancel the contract in case of delay in the payment of the price for a period exceeding ninety (90) days. The client must be notified, in writing, of the cancellation of the contract, and the consequences are the following: the total debt falls due immediately, and the debt is immediately demandable and default interests overdue and falling due are to be immediately demandable, at the contracted rate.
For all purposes under this contract, the Client has its domicile at the address stated in the invoice. Any change in the address must be notified in writing by the Client; otherwise, no change in the address will be considered.
5.2. MISCELLANEOUS PROVISIONS
Any change to these conditions shall only be valid and effective if made in writing. Non-exercise of any right conferred under this contract upon MOTORCARE does not mean, in any case whatsoever, waiver of such right. In case MOTORCARE takes a legal action to collect debts, the Client shall be responsible for payment of every inherent cost, including attorney’s fees.
6. LAW AND COMPETENT FORUM
This contract is subject to Mozambican law, namely the regime of obligation contained under the Civil Code in force and the rules of commercial legislation in force. For the purposes of settling any dispute arising out of this document, the Judicial Court of Maputo City (Tribunal Judicial da Cidade de Maputo) is the competent forum, and any other forum is hereby expressly renounced.
Maputo, 1st of June, 2015
TERMS AND CONDITIONS FOR VEHICLE SERVICE
1. MAINTENANCE AND REPAIR SERVICES
Services listed and attached to this will be carried out on the vehicle delivered for service on the basis of its mileage. In cases where the Client does not want one of the services listed to be carried out, he/she should strike out the service to exclude and sign the exclusion, under penalty of such service being carried out and being due. Repair services to be carried out on the vehicle delivered for service shall be done on the basis of a previous quotation stating services to be done (repair to be done and respective estimated cost) and delivered to the Client. The quotation should be returned duly signed and dated to MOTORCARE together with vehicle keys, thus confirming Client’s acceptance of repair and inherent cost. In case a change in the services listed is needed or a change in the previous quotation is made, the Client will be contacted and given proper explanation. An additional previous quotation will be provided to the Client. Such additional previous quotation should be signed, dated and returned, thus confirming acceptance of the additional services.
2. DELIVERY PERIOD
The vehicle maintained or repaired shall be delivered within the deadline stated in writing by MOTORCARE. In the event of additional maintenance or repair, a new estimated delivery time will be stated.
3. COLLECTION OF THE VEHICLE
MOTORCARE will contact the Client and inform when the vehicle can be collected. If the vehicle is not collected within 48 hours hereafter, MOTORCARE is entitled to charge a storage fee of MZM 350 per day.
3. TERMS OF PAYMENT
Once maintenance or repair is completed, the Client will be notified in order that he/she comes to collect the vehicle. The delivery of the vehicle and its keys shall be carried out against receipt of the duplicate of payment receipt, except for written authorization for credit granting in the payment. Failure to pay as per terms and within the above mentioned deadline determines the time in which default interest falls due, calculated over the amount due and up to full payment of debt, at the interest rate for active operations applied by the Bank ABC, plus 2 (two) percentage points. In the event of a partial payment, MOTORCARE shall credit payment made to the payment of expenses, overdue interest and ultimately, the capital. Failure to pay the maintenance and repair cost for a period exceeding 6 (six) months following receipt of information that services are completed confers on MOTORCARE the right to resell the vehicle, on the account and at the expense of the Client. The Client will be notified with 30-day prior notice on the place, day and time of resale. The difference between resale price and maintenance and repair price shall be demanded from the Client in case it does not cover the debt, and it shall be returned to the Client in case it exceeds the debt (art. 478 Commercial Code).
4. GUARANTEE OF THE SERVICE DONE
On maintaining and repairing vehicles, MOTORCARE guarantees excellence of the exact service requested and carried out. In the event the Client notices any imperfection, he/she should notify MOTORCARE, within 3 working days following delivery of vehicle, in order that MOTORCARE can conduct an inspection and correct the imperfection, without any costs to the Client in case the imperfection arises from the service done.
For all purposes under this contract, the Client has its domicile at the address stated on the invoice. Notification of any change in the address must be made in writing by the Client; otherwise, no change in address will be considered.
5.2. MISCELLANEOUS PROVISIONS
Any change to these conditions shall only be valid and effective if made in writing. Non-exercise of any right conferred under this contract upon MOTORCARE does not mean, in any case whatsoever, a waiver of such right. In case MOTORCARE takes legal action to collect debts, the Client shall be responsible for payment of all inherent costs, including attorney’s fees.
6. LAW AND COMPETENT FORUM
This contract is subject to Mozambican law, namely the regime of obligation contained under the Civil Code in force and the rulesof commercial legislation in force. For the purposes of settling any dispute arising from this document, the Judicial Court of Maputo City (Tribunal Judicial da Cidade de Maputo) is the competent forum, and any other forum is hereby expressly renounced.
Maputo, June 1st, 2015