General conditions of sale and warranty for used vehicles

1. The sales contract is governed by law, by the special provisions set out on the front and by these general conditions, including the vehicle description document, which the buyer acknowledges having read and accepted.
All documents and advertising announcements, emanating from the seller and relating to the vehicle which is the subject of this purchase order and/or invoice, are binding on the seller.

2. In the event of recourse to credit by the buyer, this will be mentioned in the purchase order and/or invoice. If credit cannot be obtained, the sale will be deemed never to have existed and the buyer will be entitled to reimbursement of any deposit paid, under the following conditions:

he will inform the seller that the credit has been refused, by registered letter within seven days following the signing of the purchase order and/or invoice; written proof of this refusal will be sent to the seller within one month of the signing of the purchase order and/or invoice.
The deposit will in this case be refunded to the buyer without undue delay and at the latest 14 working days after receipt of this written proof. In the absence of proof transmitted within the aforementioned period, the seller will be entitled to the compensation provided for in Article 3, paragraph 4 below.

3. The seller is obliged to indicate the delivery deadline on the order form and/or invoice. In the absence of such a date, the seller must deliver the goods without undue delay and no later than 30 days after the date of conclusion of the contract. Except in cases of force majeure, if the seller does not deliver the vehicle on the agreed date, the consumer may:

Immediately terminate the contract when the delivery date is essential for him and has been included in the sales contract;
Propose a new delivery period adapted to the circumstances and immediately terminate the contract if the vehicle is not delivered at the end of this new period. In the event of termination of the sale, the seller shall reimburse, without undue delay and no later than 14 working days after this termination of the contract, any sums paid by the buyer under the contract.
Except in cases of force majeure, if the buyer refuses to take delivery of the vehicle on the agreed date against full payment, the seller will send him a registered letter formally requiring him to fulfil his obligations within ten days from the date of sending the registered letter.
If satisfaction is not obtained, the seller may, by registered letter, either demand execution of the contract or consider it as terminated, immediately and automatically.
In the event of termination of the sale, the injured party will be entitled to a fixed compensation, equal to 25 % of the agreed price, excluding VAT, with a minimum of €250. In the event of a sale under the margin regime, the calculation of the 25 % is made on the amount including VAT.
Upon notification of the termination of the sale, the seller may dispose of the vehicle for the benefit of a third party and the buyer may contact another seller.

4. Delivery of the vehicle takes place at the seller's registered office, unless otherwise agreed in writing.

Article 5

5.1 When the buyer is a natural person acting for purposes that do not fall within the scope of his professional or commercial activity, articles 1649bis et seq. of the old civil code give him specific legal rights that protect him against defects of conformity. The seller, identified on the order form, is solely responsible for this legal guarantee.

5.2 The seller guarantees that the vehicle complies with the purchase order and/or invoice and is in good working order in accordance with the annex of specific characteristics established except in the event of mention of an engine problem on the invoice and/or purchase order.
Before signing the purchase order and/or invoice, the seller and the buyer review together the mileage history and other information in the CAR-PASS document that has been included in its advertising or displayed in its showroom. Upon delivery of the vehicle, the seller gives the buyer the CAR-PASS document issued by the technical inspection station, except possibly in the context of a sale of a vehicle with an engine problem (sale for parts).

5.3 The defect is deemed not to exist as well as any engine problem mentioned on a document of which the buyer had or could have had knowledge at the time of the conclusion of the contract, are therefore considered as accepted if the buyer has been specifically informed of this defect and has expressly and separately accepted it.

5.4 It is expressly agreed between the parties that, unless otherwise stipulated in writing on the front of the purchase order and/or invoice granting a longer period of application of the legal guarantee to the buyer, the seller's intervention under the guarantee will be limited to twelve months from delivery.
For any defect, revealed during the period of application of the legal guarantee, the repair or replacement of the vehicle is covered by the following guarantee:
the buyer has the right to demand that the seller repair or replace the vehicle, in both cases free of charge, unless the chosen remedy proves to be technically impossible or imposes costs that are disproportionate to all the circumstances, and in particular the value of the vehicle if it had not been affected by the defect, the significance of the defect and the possibility of opting for the other remedy without major inconvenience for the consumer. In the case of a clear mention affixed "engine problem" or "sold for parts" on the order form and/or invoice signed by the parties, the repair is considered technically impossible by default. Therefore, the customer signs a release against the seller regarding the possibility of requesting the warranty; the engine problem does not allow the general condition of the goods to be checked given the inability to start the vehicle. A release document may be requested by the seller to confirm the buyer's understanding of the impossibility of a warranty in any way whatsoever.

In any other case, the buyer may claim a proportional reduction in the price or the termination of the sale:
a. if he cannot obtain repair or replacement of the vehicle, or
b. if the seriousness of the defect justifies it, or
c. if the seller has failed to carry out the repair or replacement within a reasonable time or without
major disadvantage for the buyer.
d. If the seller has stated, or it clearly follows from the circumstances, that he will not carry out the repair
or to replace the vehicle with a view to bringing it into compliance within a reasonable time or without
major inconvenience to the buyer, or
e. If the lack of conformity appears despite the seller's attempt to bring it into conformity.

The buyer cannot, however, request the resolution of the sale if the defect is minor. In all cases, any refund to the buyer will be reduced to take into account the use of the vehicle since its delivery. In the event of a merchant sale, export sale or sale for professional use, the warranty described here does not exist.

5.5 Any repair or replacement must be carried out free of charge, within a reasonable time and without causing
a major disadvantage for the buyer.

5.6 Work under legal warranty must be carried out in the seller's workshop or in a workshop approved by the seller. With the seller's prior written consent, the buyer may have the repair carried out in another workshop.

5.7 The buyer retains the benefit of the legal warranty if he has the motor vehicle serviced or repaired outside the network of repairers approved by the car manufacturer, in accordance with the instructions of this car manufacturer.

5.8 The warranty does not cover maintenance, adjustments, tightening and other adjustments necessary for normal use of the vehicle. The legal warranty does not cover normal wear and tear of the vehicle. It cannot be invoked by the buyer when the defect is attributable to abnormal use of the vehicle, negligence or a lack of maintenance or poor maintenance by the buyer, nor when the vehicle has been transformed or used, unless expressly specified by the buyer in the order form, accepted by the seller, in competitions or rallies or as a vehicle intended for taxi service or for the delivery of mail or express parcels. The legal warranty assumes use with due care and compliance with the manufacturer's user manual.

5.9 The buyer wishing to invoke the legal guarantee must notify the seller within 2 months from the moment he noticed the defects. However, he is recommended to give this notice as soon as possible.

5.10 The buyer undertakes to do everything necessary to avoid aggravating the damage, by refraining from using the vehicle if necessary. Failing this, this aggravation will be taken into account to determine the degree of intervention of the seller.

5.11 The seller's liability for damage caused by a defect in the vehicle sold is governed by common law.

5.12 After expiry of the legal guarantee of articles 1649bis et seq. of the Civil Code, the buyer still benefits from protection by the guarantee of hidden defects of articles 1641 et seq. of the Civil Code. The seller cannot exonerate himself from hidden defects.

5.13 All vehicles must be serviced every 10,000 km or, failing that, at least once a year.

5.14 The seller has no obligation to provide assistance or to provide a replacement vehicle, either for payment or free of charge, to the customer during the repair or maintenance of the vehicle. Therefore, no technical unemployment can be claimed given that the workshop does everything possible to shorten intervention times.

6. When a commercial warranty of the seller and/or the manufacturer is applicable, this is indicated on the purchase order. If a commercial warranty of the seller is applicable, it is expressly agreed between the parties that the assumption of work under this commercial warranty is limited to the duration and the elements defined by the parties. The legal rights of the buyer set out above are not affected by any commercial warranty. Any commercial warranty conditions attached to the purchase order form an integral part of the contract. The commercial warranty of the seller is concluded solely for the benefit of the buyer and is not transferable.

7. Repairs to be paid for by the buyer must be the subject of a detailed estimate given to the buyer. If the preparation of this estimate is subject to a charge, the price of the estimate will be refunded to the buyer if the latter has the vehicle repaired at the seller's premises. The estimate must include at least the following information: the date, the period of validity, the mileage on the odometer, the description and duration of the work to be carried out, the cost of labor and parts. The invoice contains the same information as the estimate, with the exception of the period of validity. These repairs are guaranteed for at least the remaining warranty period of the vehicle. This guarantee covers both the work carried out and the parts replaced unless these are provided by the buyer.

8. The parts used for vehicle work may be new or used, original or any compatible generic part depending on availability, price and the repairer's opinion. However, the buyer may request new original parts against payment at his expense.

9. Transfer of ownership takes place at the time of full payment of the price. The risk of loss or damage to the vehicle is borne by the buyer as soon as the latter or the person designated by him and who is not the carrier, physically takes delivery of the vehicle. When the contract provides for the shipment of the motor vehicle, the risk of loss or damage to the motor vehicle is transferred to the buyer at the time of delivery to the carrier who has been instructed by the buyer to carry out the transport and provided that the choice of this carrier has not been offered by the company.

10. The agreed sale price is not subject to revision. The seller may not claim a deposit greater than 15 % of the sale price of the vehicle. Unless expressly stipulated otherwise, the buyer must have paid the total price or the balance by the delivery deadline in order to take possession of the vehicle. The seller may, where applicable, withhold it until the price has been paid in full. Payment of the price is generally made by bank transfer. When accepted by the seller, payment in cash may not under any circumstances exceed €3,000. When the buyer has not made payment on the due date, the seller will send him formal notice by registered letter. If payment has not been made after a period of 14 calendar days (starting on the third working day following the sending of this formal notice), the seller may cancel the sale by registered letter addressed to the buyer. Any amount not paid by the end of this period shall bear interest at the rate defined by Article XIX.4 of the Code of Economic Law, from this due date. When the unpaid amount is greater than €500, the buyer is also liable for a fixed compensation equal to €65.00, increased by €5 % of the portion greater than €500 of the amount due, with a maximum of €2,000. 10. When the purchase order and/or invoice mentions the repossession of a vehicle belonging to the buyer, this repossession is subject to the delivery of the vehicle which is the subject of this sale, as well as proof that the buyer is the owner of the vehicle to be repossessed, and that he can dispose of it freely, all obligations relating to any financing having been fulfilled and that the vehicle is not subject to any seizure.
The value of the vehicle to be taken back, agreed when ordering the vehicle which is the subject of this contract, is final provided that its condition is, at the time of its delivery by the buyer, consistent with the description given in the order form and/or invoice or in a document attached thereto and which forms an integral part thereof.
However, the reduction in the value of the vehicle to be taken back, following a delay in delivery of the vehicle sold to the buyer, is the responsibility of the seller.

11. In the event of a dispute, the seller and buyer undertake to do everything possible to reach an amicable settlement. In the absence of an amicable agreement, this sales and warranty contract is governed by Belgian law and only the Mons court has jurisdiction to hear any disputes to which its interpretation or execution may give rise.

12. The seller is responsible for processing personal data communicated by its customers and prospects (name, first name, gender, postal address, e-mail, landline or mobile phone) for the purposes of communicating offers, executing contracts and its marketing activities. It retains this data for 7 years. Its customers and prospects have a right to access and correct their data. For further information, consult its 'Data Privacy Policy' available on its website or on a durable medium upon request.

13. Any questions or complaints regarding this contract may be addressed to:

Kabakcicar (customer department) rue du grand courant 4
7033 CUESMES
065 84 83 15
info@kabakcicar.be

The vehicle sold has been subject to a thorough examination, covering 113 points, included in the description of the vehicle appearing on the front and forming an integral part of the contract.
The seller undertakes to deliver this vehicle in a condition consistent with this description.