The Purchase Agreement Car Dealership is a vital document used in South African vehicle sales transactions to formalize the purchase and sale of vehicles through authorized dealerships. It is specifically designed to comply with South African legislative requirements, including the Consumer Protection Act 68 of 2008 and the National Credit Act 34 of 2005. This agreement is essential for both new and used vehicle sales, incorporating necessary provisions for vehicle specifications, pricing, warranty terms, delivery conditions, and ownership transfer. The document serves as a comprehensive record of the transaction, protecting both the dealership's interests and the purchaser's rights while ensuring regulatory compliance in the South African automotive retail sector.
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1. Parties: Identification and details of the seller (dealership) and purchaser, including registration numbers, physical addresses, and representative details
2. Background: Context of the transaction and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Vehicle Description: Detailed specification of the vehicle including make, model, year, VIN, engine number, color, and mileage
5. Purchase Price: Total purchase price, payment terms, deposit requirements, and payment schedule
6. Delivery: Terms and conditions for vehicle delivery, including timing and location
7. Risk and Ownership: Transfer of risk and ownership provisions, including registration transfer requirements
8. Warranties and Representations: Standard warranties provided by the dealership and manufacturer warranties
9. Voetstoots Clause: For used vehicles, specification of 'as is' sale conditions and disclosed defects
10. Breach and Termination: Consequences of breach and termination procedures
11. Dispute Resolution: Process for resolving disputes between parties
12. General Terms: Standard legal provisions including notices, entire agreement, and governing law
1. Trade-in Terms: Used when the purchase includes a trade-in vehicle, specifying the trade-in value and condition
2. Financing Arrangements: Required when the purchase involves financing, including credit provider details and terms
3. Insurance Requirements: Included when specific insurance requirements are mandatory before delivery
4. Extended Warranty: Details of any optional extended warranty packages purchased
5. Accessories and Modifications: When additional accessories or modifications are included in the purchase
6. Import Documentation: Required for imported vehicles, including customs clearance and compliance certificates
1. Schedule A - Vehicle Specification: Detailed technical specifications and features of the vehicle
2. Schedule B - Payment Schedule: Breakdown of payment terms including deposits, installments, and final payment
3. Schedule C - Delivery Inspection Report: Pre-delivery inspection checklist and condition report
4. Schedule D - Warranty Terms: Detailed warranty terms, conditions, and exclusions
5. Appendix 1 - Vehicle Documentation: Copies of registration papers, roadworthy certificates, and service history
6. Appendix 2 - Trade-in Valuation: Assessment and valuation report for trade-in vehicle if applicable
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