Terms and Conditions | Hoopers VW

TERMS & CONDITIONS OF TRADE


These terms and conditions are divided into 5 sections. Please click on the link below to read the applicable section. The last section applies to all business concluded with the Company.

  • Preamble & Definitions
  • Vehicle Sales
  • Vehicle Servicing and/or Repairs
  • Parts Sales
  • General Provisions Applicable to All Business Transactions Concluded Between the Company the Customer

    • Preamble & Definitions:

  • The Company: Hooper Motors (Pty) Ltd trading as Hoopers Volkswagen (Co. Reg: 1933/005025/07)
  • Nominated representative: A company director or manager
  • Company physical Address: 164 Anton Lembede (Smith) Street, Durban, 4001
  • “Buyer”, “customer”, “client”, “he” or “she” are used interchangeably and refer to the natural person transacting with the Company in their personal capacity or on behalf of a business enterprise.
  • Law to apply: This agreement shall in all respects be governed by and in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters in connection therewith shall be determined in accordance with such law.

    • Vehicle Sales:

    • Offer:
      • An offer will only be official and binding on the Company when it is completed on the Company’s “Offer to Purchase” (OTP) document and is signed by both the buyer and the Company’s nominated representative.
      • An offer will lapse if the buyer is not able to provide satisfactory proof of his ability to pay for the vehicle or written approval or guarantee of financing of the vehicle by a registered credit provider within fourteen (14) days of the date of the offer or any extension given in writing by the Company.
    • Price and Payment:
      • The total purchase price will be payable prior to delivery of the vehicle.
      • Vehicles are subject to periodic price increases by the manufacturer/importer. Buyers have the right to be informed of any price increases prior to delivery and may cancel their OTP without penalty if a price increase is not acceptable to them.
      • If a deposit has been paid, then:
        • The Company will deduct the deposit paid and the buyer will pay the balance of the purchase price prior to delivery of the vehicle, or
        • The buyer will be refunded the deposit, if the offer lapses or is cancelled, less any reasonable charge the Company is entitled to legally deduct.
    • Ownership, Delivery and Risk:
      • Ownership in the vehicle will pass to the buyer on delivery, provided the purchase price has been paid.
      • The buyer will take delivery of the vehicle at the Company’s business premises, unless otherwise agreed to in writing.
      • Risk of loss or damage to the vehicle passes to the buyer on delivery.
      • The buyer acknowledges that:
        • The delivery dates given are estimates only and no exact date of delivery or time has been agreed.
        • The Company is not in a position to agree on an exact delivery date or time as this may be influenced by factors beyond the Company’s control.
        • Prior to taking delivery the buyer has the right to examine the vehicle for the purpose of quality and description, without removing the vehicle from the Company’s premises or in any way altering it.
        • Time will not be of the essence of any sale, and delivery dates will be treated only as estimates, based on the latest information available to the Company. Under no circumstances may the customer withdraw from, or terminate the OTP and/or any contract on account of any delay in delivery, or have any claim of any nature whatsoever against the Company arising from late delivery.

        3.4.5 The Company shall not under any circumstances whatsoever be liable for any damages of any nature whatsoever (including, without limitation, any indirect, consequential or special damages, including loss of profit) which the customer may suffer as a result of any delay in the delivery of any vehicle sold.

    • Vehicle Specification:
      • The buyer is referred to the sales and promotional material (including the specifications of the vehicle) and the owner’s manual.
      • Should the buyer require the vehicle for a specific purpose, the onus is on the buyer to communicate this purpose to the Company in writing prior to making an offer.
      • The vehicle can only be used in accordance with the manufacturer’s specifications, owner’s manual, the warranty and maintenance/service plans (if applicable).
      • A vehicle by its nature can be dangerous and hazardous. The buyer understands the inherent dangers and risks of abusing, misusing or using the vehicle contrary to the specifications and instructions contained in the owner’s manual.
    • Warranty, Service and Maintenance Plans
      • The sale of the vehicle is subject to the warranty, service plan (if applicable) or maintenance plan (if applicable).
      • The warranty, service plan or maintenance plan may be void or cancelled (in whole or in part) if the terms and conditions in these documents or the owner’s manual have not been complied with.
      • The warranty runs concurrently with any other statutory warranty applicable to the vehicle.
      • No other warranty, undertakings or representations are given (express or implied) other than those contained in the Offer to Purchase.
      • The buyer has an obligation to read the owner’s manual, warranty, service plan (if applicable) and maintenance plan (if applicable) to ensure that he knows how to use and how not to use the vehicle.

      5.6 Any warranty given in respect of any vehicle delivered by the Company to the customer shall not cover:

        5.6.1 Where the vehicle has been modified without the Company’s prior written consent, or has been subjected to physical stress, misuse, unauthorised use, negligence or accident, or that has been improperly stored, or used.

        5.6.2 Any defects in the vehicle which have been caused after the date of delivery;

        5.6.3 Any defects caused or attributed, directly or indirectly to the improper use, or operation, or fitment on the vehicle by the customer, or any third party.

    • Conditions Relating to Trade-Ins (if applicable):
      • Where a trade-in vehicle is offered as part of the purchase price, the buyer warrants that:
        • He/she/it is in possession of a valid trade-in valuation signed by the Company’s nominated representative.
        • The trade-in vehicle is delivered to the Company in the same condition as it was at the time of the trade-in valuation.
        • He/she/it is entitled to sell the vehicle as the legal owner or has been authorized to do so by the legal owner.
        • No other party has a stronger right, title or claim to the trade-in vehicle.
        • All defects in the trade-in vehicle have been disclosed prior to the valuation by the Company.
        • The trade-in vehicle has either not been involved in a collision nor suffered any accident damage, howsoever caused, or if it has, the buyer has disclosed to the Company the nature and full extent of such accident damage, and the extent to which it has been repaired.
        • The trade-in vehicle is not a stolen and/or recovered vehicle;
        • The trade-in vehicle has not been written off and/or rebuilt;
        • The odometer reading on the trade-in vehicle at the time it was valued by the Company reflects the true and correct mileage which the vehicle has travelled at the time, and that the vehicle’s odometer has not been turned back, or otherwise tampered with.

        6.2 Any amount owing to a credit provider or another third party for a trade-in vehicle shall be disclosed to the Company by the buyer and subsequently settled by the Company.

    • Cancellation and Return of Vehicle (if applicable):
      • Should the buyer decide not to proceed with the purchase of the vehicle prior to the vehicle having been registered into the buyer’s name, and prior to delivery of the vehicle to the buyer, and Company in its sole and absolute discretion agrees to cancel the OTP under the circumstances, the Company may be legally entitled to a reasonable cancellation fee taking into account the costs incurred by it, and any diminution in the value of the vehicle under the circumstances.
      • Where the offer to purchase is legally, and for good and valid cause, cancelled after taking delivery of the vehicle, and the buyer legally entitled to return the vehicle to the Company, the Company has the right to charge a reasonable cancellation fee taking into account:
        • The cost of restoring the vehicle to its condition before delivery, and
        • Any reduction in the value of the vehicle.
      • The buyer shall not be entitled to withdraw from any offer to purchase if the offer relates to either a unique vehicle which has been manufactured or customised to meet the buyer’s specific requirements, or a standard vehicle that has been customised to the buyer’s specific requirements, or fitted with any unusual accessories specifically chosen by the buyer.
    • Dispute Resolution:
      • If a complaint or a dispute arises between the parties, then the following will apply:
        • The buyer shall inform the Company in writing of the extent and nature of the complaint or dispute.
        • The Company will attempt to resolve the matter amicably within ten (10) business days of the buyer’s written notification of the complaint or dispute.
        • Where the parties are unable to resolve the matter amicably, then either one of the parties shall be entitled to refer the matter to the accredited motor industry ombudsman, alternatively to proceed with legal action through a Court with competent jurisdiction to entertain the dispute or complaint.
    • Direct Marketing, Use of Information and Consent:
      • The buyer may:
        • Refuse to accept Direct Marketing; or
        • Inform the Company in writing to discontinue any Direct Marketing; or
        • Register a pre-emptive block with the Registry for Direct Marketing against any Direct Marketing communication from the Company.
      • The buyer is required by law to provide the Company with all the documentation in terms of the Financial Intelligence Centre Act, No,38 of 2001, and should the buyer fail to provide the required documentation, the transaction cannot proceed. The buyer shall be liable for any loss or damage suffered by the Company due to the buyer’s failure to submit such documentation timeously or at all.
      • The Company is required to submit the buyer’s particulars and personal information to the eNatis system for registration of the vehicle on the national database of roadworthy vehicles and licenced drivers, to which the buyer consents.

      10. Credit Information The buyer consents to the Company making enquiries about the buyer’s credit record with any credit bureau or other third party. The Company may provide any credit bureau with regular updates regarding the manner in which the buyer conducts its account, including any failure to comply with the terms and conditions of the OTP. The buyer further consents to such credit bureaus making the buyer’s credit record and details available to other credit grantors or credit bureaus.

      11. Data Privacy

        11.1 The buyer acknowledges and agrees that the personal information supplied by the buyer (referred to as the “data”) is necessary and required for the successful conclusion of the business transactions entered into, or to be entered into between the parties, and enforcement of rights, and performance of obligations arising therefrom, as well as the rendering of services in terms thereof, and that the data will not be disclosed to any unauthorised parties.

        11.2 Accordingly, the buyer consents to the processing of the data by the Company or any entity duly authorised thereto by the Company, in accordance with the prevailing data privacy and consumer protection legislation. Such processing shall include but not be limited to, the collection, handling, management, storage, safeguarding and sharing of the data with any credit bureaus, other suppliers and financial institutions, if necessary.

    • General Conditions:
      • No cancellation, variation or amendment of the OTP will be valid and binding on the parties unless reduced to writing and signed by both parties.
      • The failure of either party to enforce any rights in terms of the OTP shall not amount to a waiver of such rights, or create any estoppel against the party granting any relaxation or indulgence to the other party.
      • The laws of the Republic of South Africa shall apply to the interpretation of the OTP and any dispute arising from the OTP.
      • If any provision of the OTP is invalid, the provision shall be separated from the OTP and the balance of the OTP shall remain enforceable.
      • For the purpose of the service of any legal documents or notices in terms of any OTP concluded, the Company’s physical address should be used.

    Vehicle Servicing and/or Repairs

    • Application
      • These terms and conditions will apply to the contract of servicing and/or repair work including the replacement or refurbishment of parts (“the work”) that will be carried out on the customer’s vehicle(s), parts, accessories or other items (“the vehicle”).
      • If the work to be carried out is covered by a warranty, maintenance plan and/or service plan of the manufacturer of the vehicle, to the extent that the manufacturer will pay the cost of the work and/or parts, then the Company will obtain the approval from the manufacturer before any work commences. If the manufacturer refuses to pay for the required work and/or parts, or the customer is responsible to pay a portion thereof, then the Company will only proceed with the work once the customer has agreed to pay for it and has specifically authorised the Company to proceed with the work. The above will also apply to other mechanical breakdown warranties, and/or maintenance and/or service plans provided by third party insurance companies.
      • The customer agrees that all or any part of the work that the Company will carry out, may be carried out by it, or on its behalf by any agent or sub-contractor appointed by the Company.
    • Delivery
      • The expected completion date of the work is approximate only and the Company does not warrant that it will complete the work within the estimated time, although it will use its best efforts to do so.
      • If the customer does not take delivery or collect or remove the vehicle for whatsoever reason by the third working day after having been informed that the vehicle is available to be collected or delivered, the customer accepts that the Company may charge storage fees at the rate of R350.00 plus VAT per day, for each and every day that the vehicle remains in the Company’s possession from the date by when the customer was required to collect the vehicle, to the date that the vehicle is actually collected.
      • Time will not be of the essence of any work to be done, and delivery dates will be treated only as estimates, based on the latest information available to the Company. Under no circumstances may the customer withdraw from, or terminate any contract on account of any delay in delivery/completion, or have any claim of any nature whatsoever against the Company arising from late delivery/completion.
      • The Company shall not under any circumstances whatsoever be liable for any damages of any nature whatsoever (including, without limitation, any indirect, consequential or special damages including loss of profit) which the customer may suffer as a result of any delay in the completion of the work to be done.
    • Price
      • The price of the work will be at the Company’s prevailing standard rates and charges ruling at the time. The customer may obtain the standard rates and charges upon written request.
    • Additional Work
      • If the additional work costs more than the pre-authorised amount, then the Company will obtain the customer’s permission to proceed with this additional work before it starts any additional work.
      • The customer agrees that the Company can obtain authorisation via a telephonic, email, WhatsApp, or SMS instruction at the numbers and email address supplied by the customer on the job card.
      • In the event that the Company is unable to contact the customer on any of the numbers or email address supplied, then the Company will not proceed with any work or additional repairs.
    • Payment
      • All payments in respect of the work will be in cash or by credit card when the work is completed, unless the parties agree otherwise in writing.
    • Repairer’s Lien
      • The customer grants an express repairer’s lien in favour of the Company to secure the amount due for all work done and parts supplied.
    • Limitation of Liability
      • Except as is provided in law, or is provided for under any express warranty or guarantee that the Company gives in writing to the customer that is intended to form part of the contract:
        • The Company’s liability as repairer shall be limited solely to remedying of the defective service(s) and/or replacing the defective part/s and/or refunding the customer a reasonable portion of the price paid for services performed and/or goods supplied, having regard to the extent of the failure.
        • The customer acknowledges that the Company is not responsible for any indirect or consequential loss or damage suffered, including any loss of profits.
        • Save as aforesaid, the Company does not make any other representations, unless expressly given in writing.
    • Risk
      • The customer:
        • grants the Company, its employees and its suppliers permission to drive the customer’s vehicle for test purposes and/or to inspect or diagnose it; and
        • agrees that the Company will hold the customer’s vehicle in its possession and drive it at the customer’s own risk, and acknowledges that it does not hold the Company responsible for any loss of and/or damage to the vehicle and/or for articles left in the vehicle in the case of fire, theft or any other causes whatsoever, unless there was gross negligence on the Company’s part.
        • The Company does however agree to exercise due care in looking after the Customer’s vehicle.
    • Warranty
      • The Company provides a 3 month or 10,000km warranty on any new or reconditioned part installed during the work, and the labour required for the work, from the date the work is completed.
      • The warranty will:
        • not apply to normal wear and tear of the goods:
        • be void if the goods have been subjected to misuse or abuse

    Parts Sales

    • Quotations
      • Quotations for parts from the Company, including pricing and delivery information, are valid for 30 days from the date of issuance.
      • See the “Delivery” section below for specifics on the estimated delivery schedule (if applicable).
    • Returns
      • Returns of part items should not be made without first contacting the Company’s Parts department.
      • Electrical parts and parts specially ordered for the customer are not eligible for return.
      • If the Company determines a return is warranted, all returns need to be unused and accompanied by the original invoice and packaging.
      • In all matters of spare parts returned to the Company, shipping charges are to be paid by the customer.
      • Returns within 7 days of receipt of order will incur a 10% restocking fee unless the incorrect part was supplied by the Company. Items ordered in error will qualify for the restocking fee.
      • Incorrect parts supplied will be credited in full by the Company.
      • Return requests, for correctly supplied parts, that exceed the 7 days since receipt of the goods will not be eligible for return.
    • Delivery
      • Delivery schedules indicated on the quotation, in business days, are estimated from the date of receipt of the customer’s purchase order, pending receipt of complete information allowing the Company to proceed with the order.
      • Delivery schedules are based upon the best information available at the time of quotation. All reasonable steps to meet delivery schedules will be taken by the Company.
      • In no event shall the Company bear any liability resulting from failure to deliver, or any delay in the delivery of parts where delay is attributable in whole or part to a third party or to causes beyond our control.
      • Time will not be of the essence of any part sale and delivery dates will be treated only as estimates, based on the latest information available to the Company. Under no circumstances may the customer withdraw from, or terminate any part sale concluded and/or any contract on account of delay in the delivery of any part, or have any claim of any nature whatsoever against the Company arising from late delivery of any parts.
      • The Company shall not under any circumstances whatsoever be liable for any loss or damage of any nature whatsoever (including, without limitation, any indirect, consequential or special damages or loss of profit) which the customer may suffer as a result of any delay in the delivery of any parts sold.
    • Limited Warranty
      • A limited manufacturer’s warranty for Genuine Volkswagen Parts is granted to all customers purchasing these parts for one year from the receipt of purchase, unless otherwise specified in writing. A copy of the Volkswagen Parts Warranty is available on request or can be found in the Volkswagen in-car booklets.
      • The warranty implies that the Company, as Volkswagen agents, will do everything appropriate within its power to rectify problems with defective parts. The Company will replace any part that is determined to be defective from the time it was received by the customer within the 1 year Volkswagen warranty.
      • The Volkswagen Warranty falls away where the part has not been fitted by a Volkswagen Approved Workshop and the part fails or is damaged as a result of poor workmanship.
      • Any component that is altered, modified or misused according to its set purpose will not be applicable under the terms of the Volkswagen warranty.

    General Provisions Applicable to All Business Transactions Concluded Between the Company and the Customer

    • Renumeration

      1.1 Unless otherwise agreed, the customer shall pay to the Company all amounts due to the Company within the time period stipulated in the Company's quotation, tax invoice or other document submitted to the customer, without any deduction, demand or set-off whatsoever.

      • No amount may be deferred or withheld by the customer by reason of any claim or counterclaim which the customer may allege to have.
      • A certificate signed by any Director of the Company, whose appointment as such need not be proved, as to the amount outstanding and due by the customer, shall be regarded as prima facie (on the face of it) proof of the amount outstanding by the customer to the Company at any time, including interest, or of any fact therein referred to.
    • Reservation of ownership
      • The Company shall remain the sole and exclusive owner of all vehicles, and/or parts sold, or work done and materials supplied, until paid for in full by the customer.
    • Quantity and Condition of goods
      • The onus of proving the quantity, quality, type, specifications, and the condition of the goods supplied at the time of receipt thereof by the customer shall at all times remain with the customer. Any errors in the nature and extent of the goods delivered or work done, must be brought to the attention of the Company, in writing, within seven (7) days from the date of delivery of such goods, or date of completion of the work to be done.
    • Force Majeure
      • The Company shall not be liable to the customer for default in the performance or discharge of any duty or obligation under any contract concluded with the customer when caused by, including but not limited to: acts of war, acts of God, floods, labour strikes, civil or military disobedience or unrest, riots, inclement weather, government intervention or lockdown, pandemic (including the Coronavirus Disease (COVID-19), Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) or any mutation or variation thereof, fire, explosion, failure of electrical power, including load shedding, or any other events beyond its control (each a “Force Majeure event”), and such performance shall be excused to the extent and for the time necessitated by such Force Majeure event.
      • The Company shall: (i) give prompt notice in writing to the customer of the cause of force majeure; (ii) use reasonable efforts to avoid or remove such cause of non-performance; (iii) and continue the full performance of the contract concluded as soon as such cause is removed.
      • The Company shall take all reasonable steps to minimize the effects of force majeure on the performance of any contract concluded with the customer and shall, if necessary, agree on appropriate measures to be taken.
      • The Company shall not be liable for any direct, indirect or consequential loss or damage suffered by the customer caused by, or arising out of, resulting from, or relating to, either directly or indirectly, any Force Majeure event.

      5. Legal costs and interest

        5.1 The customer shall be liable for all legal costs incurred in the recovery of any monies owing to the Company on an attorney and client scale, including any tracing agent’s fees and collection commission;

        5.2 In the event of the customer failing to make payment on due date of payment of any amounts, interest shall be charged on all such overdue amounts at the rate of 2% per month, from the due date of payment of any such amount until the actual date of payment thereof.

      6. The Company’s liability for damage or loss

        Notwithstanding anything to the contrary contained herein, whether express or implied, the Company shall not be liable for any losses and/or damages suffered by the customer, unless such damages are caused by the wilfulness conduct or gross negligence of the Company or its employees. Where such loss or damage suffered is due to the wilful conduct or gross negligence of the Company or its employees, such damages shall be limited to only direct damages suffered. Under no circumstances whatsoever shall the Company be liable for any indirect, consequential, or special damages or losses suffered by the customer, including any loss of profit.

      7. Jurisdiction

        Any proceedings instituted by the Company against the customer arising out of any transactions may be instituted out of the Magistrate’s Court for any district having jurisdiction in respect of the customer by virtue of Section 28 (1) of Act 32 of 1944, for which purpose this clause shall constitute a consent by the customer in terms of Section 45 of the said Act, provided however that the Company shall be entitled, should it so elect, to institute any such action in any High Court which has jurisdiction with regard to both the customer, and the subject matter of the dispute.

      8. No Variation

        No amendment or consensual cancellation of any of these terms and conditions (including an amendment or cancellation of this clause) shall be valid and binding on the Company and customer unless recorded in a written document signed, executed and duly authorised by both the Company and customer.

      9. Whole Agreement

        9.1 The Company shall not be bound by any representations warranties, promises or undertakings which precede the conclusion of any contract concluded between the Company and customer.

        9.2 The Company shall not be bound by any statements, warranties or representations made by any of its employees, agents, subcontractors or representatives, save as expressly stated in writing, and signed by both the Company and customer’s duly authorised representatives.

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