MOTORCARE UGANDA
TERMS AND CONDITIONS FOR VEHICLE SALE

PAYMENT TERMS

Payment terms stated on the order confirmation and Tax Invoice apply for all vehicle sales. Failure to pay as per the stated payment terms indicated on the Tax Invoice and order confirmation will lead to an extra charge of interest calculated from immediately after the amount falls due up to when payment is made. The interest rate applicable for late payments will be 2 (two) percentage points per month above Stanbic Bank’s Prime overdraft rate, minimum USD 100 plus administration fee of USD 100. In the event of a partial payment, MOTORCARE UGANDA LTD herein after referred to as MOTORCARE shall use the partial payment to offset the total outstanding including the interest in the order of expenses incurred, interest charged and finally the capital. Failure to pay the full purchase amount and interest charged for a period exceeding 6 (six) months after delivery of the vehicle to the customer will lead to retaining the vehicle and consequently taking legal steps to recover the total outstanding amount.

OWNERSHIP OF THE GOODS

Vehicles sold shall remain an asset of MOTORCARE and ownership shall be transferred to the name of the buyer after full payment has been made. 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.

WARRANTY ON THE GOODS

MOTORCARE offers warranty of 3yrs/150,000km which ever comes first on all new vehicle sales.In case of any defect, the Client should notify MOTORCARE within thirty (30) days following delivery of the vehicle. MOTORCARE shall repair or replace any part on the NISSAN vehicle which proves defective in materials or workmanship free of charge, except for those items listed under the caption titles “What is not covered” in the Warranty Information & Maintenance booklet provided at the time of delivery. If MOTORCARE cannot undertake such repair, MOTORCARE will substitute the defective vehicle with a new one, 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 the necessary repairs 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.

CANCELLATION TERMS

The sales contract signed by the buyer and MOTORCARE is binding and in case of cancellation, 50% of the invoice value will have to be paid. MOTORCARE has the right to cancel the contract in case of delay in the payment of the contract value for a period exceeding ninety (90) days. The client will be notified in writing, of the cancellation of the contract and consequences arising out of the cancellation are: the total debt including calculated interest falls due and demandable immediately.

DOMICILE

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.

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.

JURISDICTION

These terms shall be governed by and construed under the laws of the Republic of Uganda. The customer and MOTORCARE agree that the Courts of Judicature in Uganda have jurisdiction over them as necessary to enforce the terms.

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 be excluded and sign for the exclusion bearing in mind that MOTORCARE Uganda Ltd. herein after referred to as MOTORCARE shall not be held liable for any issues arising as a result of the said exclusion. Repair works to be carried out on the vehicle delivered to MOTORCARE shall be done on the basis of the quotation provided prior to the commencement of the maintenance which will indicate details of the maintenance to be carried out and the estimated cost. The customer in return is expected to send an LPO (Local Purchase Order) approving the work to be carried out and the signatories on the credit forms should sign the LPO in case of a credit customers. The LPO should be sent to MOTORCARE together with vehicle keys, to further confirm Client’s acceptance of repair and/or service 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 quotation will be provided to the Client and in return an additional LPO, duly signed will have to be provided to confirm acceptance of the additional services.

DELIVERY PERIOD

The vehicle serviced or repaired shall be delivered within the promised delivery time by MOTORCARE. In the event of additional service or repair, a new estimated delivery time will be communicated.

COLLECTION OF THE VEHICLE

MOTORCARE will contact the Client about the completion of the service and/or maintenance and the collection time. If the vehicle is not collected within 48 hours thereafter, MOTORCARE is shall charge a storage fee of USD 10.00 per day.

TERMS OF PAYMENT

On collection of the vehicle and/or parts, cash customers are expected to make payment before a gate pass can be obtained from the credit controller from the finance department. For credit customers, a gate pass shall be obtained from Finance department that allows exit of the said vehicle and/or parts from MOTORCARE premises. The payment terms on the Tax invoice should be followed to make payment within the stated credit period. Failure to pay as per payment terms indicated on the Tax Invoice will lead to an extra charge of interest calculated from immediately after the amount falls due up to when payment is made. The interest rate applicable for late payments will be 2 (two) percentage points per month above Stanbic Bank’s Prime overdraft rate, minimum USD 100 plus administration fee of USD 100. In the event of a partial payment, MOTORCARE shall offset the total outstanding including the interest in the order of expenses incurred, interest charged and finally the capital. Failure to pay the service and/or repair cost for a period exceeding 6 (six) months after delivery of the vehicle to the customer will lead to retaining the vehicle and consequently taking legal steps to recover the total outstanding amount.

WARRANTY OF THE VEHICLE SERVICE AND MAINTENANCE DONE AND PARTS SALES

MOTORCARE is an experienced and professional company dealing in the service and maintenance of motor vehicles. MOTORCARE offers warranty of six months on the parts used during service and/or maintenance. The customer should within 3 days of delivery notify MOTORCARE of any issues that he/she feels were not properly fixed. MOTORCARE will then carry out an inspection to determine whether it is a return job or new maintenance required. In case of a return job, the expenses incurred to sort out the issues will be for the account of MOTORCARE.

DOMICILE

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.

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.

JURISDICTION

These terms shall be governed by and construed under the laws of the Republic of Uganda. The customer and MOTORCARE agree that the Courts of Judicature in Uganda have jurisdiction over them as necessary to enforce the terms.