VavaCars Standard Terms of Sale with Purchasers and Dealerships (the Vehicle Sale Terms) (Pakistan)

These terms govern sales of used cars (Vehicles) by VavaCars

  1. ABOUT US
    1. Company detailsVava Cars Pakistan (Private) Limited (company number 0129609) (we, us and our, VavaCars) , is a company registered in Pakistan and our registered office is at 1st Floor, MA Tabba Foundation Building, Gizri Road, Block 9 Clifton, Karachi, Pakistan. Our national tax number is 5365323-0. We operate the website [vava.cars / dealership web address] (Dealership Platform).
    2. Contacting us . To contact us telephone our customer service team at 021-1118282-11 or email infopakistan@vava.cars
  2. OUR CONTRACT WITH YOU
    1. Our contract . These terms and conditions (the Vehicle Sale Terms) apply to the order by you and supply of Vehicle(s) by us to you and are incorporated into the Terms of Use for Dealership Platform. These Vehicle Sale Terms set out the terms on which we, VavaCars Pakistan (Private) Limited, will sell the Vehicle to you and you will purchase the Vehicle from us. By placing your order with us by any means, whether by way of agreeing to pay the “Buy it Now” price <(Buy it Now Offer) on the Dealership Platform, placing a winning bid during an auction (Winning Bid) on the Dealership Platform, any order, bid or offer through any other platform, or any other offer you make to us to purchase a Vehicle from us including responding to an advert in any classified listing or other type of advert (Other Offer) (each an Order), you accept the terms of these Vehicle Sale Terms.
    2. These Vehicle Sale Terms will be binding on you and us and the completion of the sale and purchase of the Vehicle is subject to Completion (as defined below) and completion of the conditions at clause 8.1. If Completion does not occur for any reason we are not liable for any obligations under these Vehicle Sale Terms and in particular we have no obligation to sell the Vehicle to you.
    3. No other terms are implied by trade, custom, practice or course of dealing
    4. The terms of these Vehicle Sale Terms govern the sale of Vehicles to businesses and individuals who purchase Vehicles in the course of their business. If you are acting as a consumer not in the course of business, the Vehicle Sale Terms will apply to the extent applicable by law and will be subject to and without prejudice to your mandatory statutory rights as a consumer.
    5. Entire agreement . The Vehicle Sale Terms and the transfer documents (which comprise of: (i) the delivery letter and sales receipt in our standard form for sales (the Delivery Letter and Sales Receipt); and (ii) a signed transfer letter that we will release to you at Completion (the Transfer Letter); together these documents constitute the entire agreement between you and us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Vehicle Sale Terms and Transfer Documents.
    6. Language. The Vehicle Sale Terms are made in the English language and Urdu and if there is any inconsistency between the English and Urdu versions, the English version will prevail
    7. Your copy. You should print a copy of these Vehicle Sale Terms or save them to your computer for future reference.
  3. CHANGES TO THESE TERMS
    1. We reserve the right to revise the terms of these Vehicle Sale Terms at any time without notice. The revised terms will be effective and will be binding on you from the date that they are posted on our Dealership Platform
    2. Please check this page from time to time to note any amendments that we have made to the terms of these Vehicle Sale Terms. If you continue to use our Dealership Platform, you will be deemed to have accepted the amended terms of the Vehicle Sale Terms
  4. SALES AND MARKETING INFORMATION PROVIDED TO YOU
    1. The images of the products (including all Vehicles) on our Dealership Platform are for illustrative purposes only. Although we have made every effort to display all details (including the colours) accurately, we cannot guarantee that your computer’s display of the details accurately reflects the details of the products
    2. We reserve the right to amend the specification or any imagery relating to the Vehicles or products displayed on the Dealership Platform at our own discretion or if required by any applicable statutory or regulatory requirement.
    3. We give no warranties, representations conditions, or guarantees, express or implied, as to:
      1. The completeness or accuracy of any information contained on the Dealership Platform, the Inspection Report (as defined at clause 5 below) or any associated website; and
      2. The content of the information on the Vehicles included in our database, including but not limited to the ownership, quality, authenticity of a Vehicle, the Inspection Report or the content more generally including any information on mileage, photographs, compliance with description or fitness for purpose of any such Vehicles. Whilst we reasonably believe all material information to be accurate we cannot provide any guarantees or warranties in relation to its accuracy
    4. Where our Dealership Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability for sites operated by third parties.
  5. THE INSPECTION REPORT
    1. For each listing on our Dealership Platform we may provide an inspection report (Inspection Report) for the Vehicle(s). We prepare Inspection Reports for our own purposes only and this information may not be up to date. We provide the Inspection Report for your information only and by accepting the terms of these Vehicle Sale Terms you agree that you will make your own investigation and you shall not rely on any contents or statements, or representations or warranties or conditions contained in the Inspection Report when you purchase a Vehicle from us. As detailed in clause 4 above, we give no warranties, conditions, representations, to you or any third parties (including any customers of yours or successors in title) about the Inspection Report nor the accuracy of the Inspection Report. You must make your own checks and inquiries.
    2. We accept no liability for the contents of the Inspection Report (including any inaccuracies or information that is out of date). We accept no liability for any reliance that you or any third party may place on the Inspection Report.
  6. PLACING AN ORDER AND ITS ACCEPTANCE
    1. Placing your order. You must be registered as a user of the Dealership Platform in accordance with the Terms of Use for the Dealership Platform [INSERT LINK] to purchase Vehicles from us.
    2. Correcting input errors. Our Order process allows you to check and amend any errors before submitting a bid or agreeing to buy an item. Please check the order or bid carefully. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
    3. Acknowledging receipt of your Order:
      1. Winning Bids. We will acknowledge receipt of your Winning Bid and your Order shortly after the auction period finishes. Once you receive an email from us you will be expected to pay for the Vehicle(s) promptly in accordance with clause 7; and
      2. Buying it Now Offer. If you place a Buy it Now Offer you will receive an email from us acknowledging that we have received the offer.

        Please note that this email acknowledgement does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4. Your email will contain details of when you can collect the Vehicles

    4. Accepting your Order. Our acceptance of your Order takes place when we receive full payment for the Vehicles in cleared funds, you bring Your Documentation (as defined in the Terms of Use for Dealership Platform) to us and the Collection Procedure (as detailed in clause 8) below is fulfilled.
    5. If we cannot accept your Order. If we are unable to supply you with the Vehicle for any reason, we will inform you of this by email or when you come to collect the Vehicle(s). If you have already paid for the Vehicle(s), we will refund you the full amount without any profit or interest, We normally aim to process such refunds within [7] business days, however, we shall not be responsible for any reasonable delay in processing refunds due to any action or inaction by the bank(s) or any other unforeseen circumstances, including but not limited to Events Outside Our Control, as outlined in clause 12 below.
  7. PAYMENTS
    1. Payment of Deposit:
      1. The deposit amount shall be: PKR 20,000 or any amount as decided by VavaCars. For Winning Bids, once you have received an acknowledgement email from us you will be expected to pay a deposit for the Vehicle(s) promptly within 24 hours or by any time as communicated by VavaCars of receiving the email; and
      2. For all other Orders (Buy it Now Offers and Other Offers) you will need to pay the deposit at the time that you make your Order;
      3. If you do not promptly pay the required deposit for the Vehicle, we reserve the right to charge you an administrative fee for late payment as referred to clause 7.5. This is without prejudice to any other rights or remedies we have as referred to in clause 7.5 or otherwise
      4. Until we receive the deposit from you, we will not be able to proceed with the sale of the Vehicle to you.
      5. If full payment is not received within the prescribed timeframe as communicated by VavaCars, we have the right to charge a penalty of PKR 20,000. In case where the deposit has already been made, we reserve the right to adjust it against this penalty
    2. Payment method. Payment shall be made either by pay order (details of which will be given to you when you make a Buy it Now Offer or when you receive our acknowledgement email for your Winning Bid) or any other payment mode deemed acceptable by VavaCars Please note that we do not accept cash as a type of payment
    3. Taxes. the price of the Vehicle(s) excludes all applicable taxes (including but not limited to sales tax) (where applicable).
    4. External finance. We may be able to help you with car finance. Car finance may be provided by an external, third party financier, subject to various requirements of such external, third party financier. If you would like us to recommend external finance to you, we will pass your details on to an external finance provider once we have received your consent to our sharing of your details. We may receive a fee or commission from introducing you to a finance provider. We accept no liability for any external finance provided to you by a third-party financier recommended by us in accordance with this clause 7.4, and all finance (and related liabilities) are provided by a third-party
    5. Non-payment. If we do not receive payment of the deposit in accordance with clause 7.1 (a) above we reserve the right to cancel the Order and we reserve our right to prohibit, suspend and block you from using the Dealership Platform and we may, in our sole discretion, also charge you an administration fee of PKR 20,000 .
  8. COLLECTION PROCEDURE
    1. We will contact you by email or through any other mode of communication to let you know that your Vehicle(s) are ready for collection. This will be once payment has been received by us and the Vehicle(s) are ready to be collected. We will give you a time for you to collect your Vehicle (the Collection Appointment). If there's likely to be a delay you will be contacted as soon as possible. Please allow a minimum of ONE hour for your Collection Appointment
    2. If requested by us, you must bring Your Documents (as defined in the Terms of Use for Dealership Platform – INSERT LINK) to your Collection Appointment. You must also bring a valid Pakistani driving licence to collect any Vehicle. We reserve our rights to cancel your Order if you do not provide such items.
    3. Risk in the Vehicle shall be passed to you when you upon Completion (as defined in 9.1 below) and, you will be responsible for arranging insurance from this point
    4. For avoidance of doubt, you will not be able to complete the sale and take the Vehicle from us until we have received full payment from you
  9. COMPLETION
    1. Completion of the sale of the Vehicle by us and the transfer of ownership of the Vehicle to you will take place upon completion once full payment has been received from you and of the all of the following steps set out below have taken place (Completion);
      1. You must attend our offices in person. We may, at our discretion, allow you to send someone else to attend our offices on your behalf to purchase the Vehicle. However, they will need to have a valid power of attorney to act on your behalf and we may request additional documentation from them;
      2. You will provide documents to us (as set out in our KYC policy which is available at [INSERT LINK]) or our authorised representative so that we can verify your identity;
      3. You must complete and sign the Transfer Documents. Once these have been signed we will provide and release to you the Transfer Letter
    2. You will be responsible for registering the transfer of the Vehicle in your name at your own cost and you are expected to do this within 30 days from the date of the Transfer Letter.
    3. If Completion does not occur for any reason after you submit an Order, without prejudice to any other rights or remedies we have, we reserve the right to:
      1. Cancel your Order with immediate effect; or
      2. Indicate a revised price at which we would be willing to sell the Vehicle to you
    4. We may decide not to sell the Vehicle to you at our discretion for any reason prior to Completion and if this is the case we will inform you by email. If you have already paid a deposit for the Vehicle, we will refund you the full amount paid and will not have any further liability. We normally aim to process such refunds within 7 business days.
    5. If you do not attend your Collection Appointment or proceed to Completion, we may at our discretion retain the deposit that has been paid by you as an administrative fee.
  10. EXCLUSION OF WARRANTIES
    1. Except for any statutory warranties prescribed by law, no warranty, term, condition, representation or statement is given or implied by us as to the quality of the Vehicles or their fitness for any particular purpose, whether known to us or not.
  11. LIMITATION OF OUR LIABILITY.
    1. Nothing in these Vehicle Sale Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws applicable in Pakistan.
    2. To the extent permitted by the applicable laws, we exclude all conditions, warranties, representations or other terms which may apply to our Dealership Platform or any content on it, whether express or implied.
    3. We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
    4. We have no liability to you for any losses, including but not limited to goodwill, loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. We supply the Vehicles to you / your business, and we do not accept any liability for any onwards sales or transfers by you / your business. We are not responsible for, and shall not have any liability in respect of, the transfer or registration of the Vehicle by you following Completion.
  12. YOUR LIABILITY
    1. You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of:
      1. Any breach by you of these Vehicle Sale Terms;
      2. Infringement of the rights of another person;
      3. Fraud and misrepresentation; or
      4. Your use of our Dealership Platform in violation of any law
    2. You will indemnify us and hold us harmless for any loss or claim resulting in you not registering the car in your name within 30 days of the date of the Transfer Letter.
  13. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Vehicle Sale Terms that is caused by any act or event beyond our reasonable control (Event Outside Our Control)
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Vehicle Sale Terms:
      1. We will contact you as soon as reasonably possible to notify you; and
      2. Our obligations under these Vehicle Sale Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our supply of the Vehicles to you, we will arrange a new collection date with you after the Event Outside Our Control is over
    3. You may cancel the Order affected by an Event Outside Our Control [WHICH HAS CONTINUED FOR MORE THAN 30 DAYS]. To cancel please contact us
  14. INTELLECTUAL PROPERTY
    1. All rights, including copyright and trademarks, in the content of any marketing materials provided by us including these web pages and in the photographs of any Vehicles displayed on [vava.cars / dealership web address] or any other marketing materials from time to time and all database rights in our database of Vehicles, are owned or controlled for these purposes by us.
    2. All trademarks, brands, names, and logos are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trademarks, names or logos, including but not limited to those which are our proprietary trademarks, brand names, or logos
    3. You may not use any of our proprietary marks or information displayed on [vava.cars / dealership web address] or any other marketing materials. You must not use any part of the content on our Dealership Platform for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Dealership Platform in breach of these Vehicle Sale Terms, your right to use our Dealership Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  15. GENRAL
    1. Assignment and transfer
      1. We may assign or transfer our rights and obligations under the Vehicle Sale Terms to another entity BUT WILL ALWAYS NOTIFY YOU IN WRITING OR BY POSTING ON THIS DEALERSHIP PLATFORM FOLLOWING THE ASSIGNATION / TRANSFER].
      2. You may only assign or transfer your rights or your obligations under the Vehicle Sale Terms to another person if after obtaining our prior consent in writing
    2. Variation. Any variation of the Vehicle Sale Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver . If we do not insist that you perform any of your obligations under the Vehicle Sale Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance . Each paragraph of these Vehicle Sale Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights . The Vehicle Sale Terms are between you and us. No other person has any rights to enforce any of its terms.
  16. APPLICABLE LAW
    1. These Vehicle Sale Terms, their subject matter and their formation, are governed by the laws of the Islamic Republic of Pakistan. The courts of [Pakistan] will have exclusive jurisdiction in connection with these Vehicle Sale Terms and your access to and use of our Dealership Platform (including any claims or disputes).
  17. YOUR INFORMATION
    1. We use and record any information you provide to us pursuant to your use of the Dealership Platform and / or pursuant to entering into the Vehicle Sale Terms in accordance with our Privacy Policy and Cookies Policy