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Motorcare Uganda Terms and Conditions for Vehicle Sale

  1. 1. ORDER CONFIRMATION

    Orders are validated by consent and agreement to an Order Confirmation document between MOTORCARE and client(s) that stipulates vehicle details, quantities and correspondent price. Delivery timelines stipulated on the order confirmation are indicative and subject to availability of stock. Changes thereof beyond the control of either party shall be expressed to either party at least 30 days before the expected delivery date through an official written communication between the parties to the Order Confirmation. Some of the changes beyond MOTORCARE’s control that can lead to extended delivery time or cancellation of the order are related but not limited to the Manufacturer’s change of vehicle model and/or dismissal of production.
  2. 2. 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, 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.
  3. 3. 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.
  4. 4. 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 150 000 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 after sales 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.
  5. 5. CANCELLING SALES

    The sale contained under invoices 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.
  6. 6. MISCELLANEOUS

    1. 6.1. DOMICLE
      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.
    2. 6.2. MOSCELLANEOUS 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.
  7. 7. LAW AND COMPETENT FORUM

    This contract is subject to Ugandan 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 Commercial Court of Uganda) is the competent forum, and any other forum is hereby expressly renounced.
MOTORCARE UGANDA LIMITED,

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