These Business Terms and Conditions (hereinafter “BTC”) regulate the sale of the motor vehicle specified in the Purchase Agreement (hereinafter “Vehicle”) concluded between AAA Auto International a.s., ID No.: 01759299, with its registered office at Dopraváků 874/15, 184 00 Prague 8 – Čimice, the Czech Republic, entered in the Commercial Register kept by the Municipal Court in Prague, section B, file no. 8578, as the seller on one side (hereinafter the “Seller”) and the legal entity registered on the Seller´s websites www.aaaauto.eu as the buyer on the other (hereinafter the “Buyer”).
The Seller shall enable the Buyer to acquaint with the offer of the Vehicles before offering the same to third parties for sale, especially by presenting a special stock list of the Vehicles on the Seller´s websites.
The Purchase Agreement may be entered by and between the parties only by a written order made by the Buyer and its acceptance by the Seller. The Seller shall answer the Buyer´s proposal without any delays and inform the Buyer in compliance with Art. 2.2. and 2.3 hereof. The Buyer undertakes to accept the Seller´s offer with comprehensive information about the Vehicle according to Art. 2.2 and 2.3. hereof without any delays in writing (“Conclusion of the Purchase Agreement”). By Conclusion of the Purchase Agreement, the Buyer declares that the information according to Art. 2.2 and 2.3. hereof provides a sufficient and clear description of the Vehicle and of its purchase price, including extras and services. The Seller is obliged to inform the Buyer without any delays about the unavailability of the Vehicle ordered by the Buyer.
Prior to the Conclusion of the Purchase Agreement, the Seller shall provide the Buyer with a detailed specification of the particular Vehicle(s), including the information on any defects of the Vehicle and the purchase price, including extras and services.
The purchase price, including extras and services, shall be agreed individually for each Vehicle and the cost of delivery shall be agreed for each shipment.
The purchase price and carriage fees and costs shall be payable upon an invoice issued by the Seller, which shall be due within 7 days after its receipt by a wire transfer to the bank account set out on the invoice.
The Seller shall notify the Buyer on the receipt of the payment without any delays.
By Conclusion the Purchase Agreement and accepting these Business Terms and Conditions, the Buyer shall:
examine the Vehicle and its conformity with the information obtained by the Seller under Art. 2.2. hereof at the time of the delivery and note the lack of conformity in the handover protocol;
make an appropriate test drive of the Vehicle within 48 hours following the delivery of the Vehicle to further examine its functional and technical conditions, and
notify the Seller without any delays any apparent lack of conformity discovered in compliance with Art. 3.1. a) or 3.1. b) hereof.
Should the Buyer fail to claim the defects of the Vehicle according to Art. 3.1. a) or 3.1. b) hereof, it is deemed that the Buyer has received the Vehicle in the conditions described in the respective handover protocol and without any lack of conformity and no subsequent claim for the lack of conformity of the Vehicle might be asserted by the Buyer.
If purchasing a Vehicle for funds that are part of joint marital property, the Buyer declares that he/she has informed his/her husband/wife of the intended purchase of the Vehicle according to the Purchase Agreement, and that he/she has expressed his/her consent for it to do so. In case that this representation is untrue, the Buyer shall reimburse the Seller for any and all damage arising therefrom.
The Seller is liable for any defects the Vehicle had at the time the risk of damage to the Vehicle passes to the Buyer, with the exception of those defects that the Buyer must have recognized with customary vigilance on the delivery of the Vehicle and other defects listed in paragraph 4.4 of the BTC.
In the context of its liability for the Vehicle’s legal defects, the Seller declares that the Vehicle is not the product of a crime, that it is not encumbered by a lien or any other third party rights, and that the Vehicle is not the subject of leasing according to a valid and effective, as yet unterminated leasing contract. In the opposite case, the Buyer shall be entitled to withdraw from the Purchase Agreement. The Buyer can exercise its rights under liability for legal defects for the life of the Vehicle.
In relation to its liability for other than legal defects, the Seller declares that the Vehicle was not damaged in floods, i.e. that the Vehicle was not left standing in a flooded area for an extended period, that it was not submerged or the interior affected by mud or sediment from a flood. In the opposite case, the Buyer shall be entitled to withdraw from the Purchase Agreement.
Under no circumstances is the Seller liable for the following defects:
- defects corresponding to the degree of wear and tear of the Vehicle at the time it was received by the Buyer,
- defects arising after the Buyer took receipt of the Vehicle,
- defects of which the Buyer was expressly informed.
Rights arising from liability for defects are not transferable to a third party and can only be claimed against the Seller by the Buyer.
For any defect of the Vehicle not reasonably noticeable by the Buyer upon the delivery, despite a careful examination, the Buyer must give notice to the Seller specifying the nature of the defect within reasonable time after he has discovered or ought to have discovered such defects, though no later (with the exception of legal defects) than 6 (six) months from the date the risk of damage to the Vehicle(s) passed to the Buyer, otherwise its entitlements under the Seller’s liability for defects shall expire. The Parties have hereby agreed that Section 2166 (1) of the CivC shall not apply.
The Seller is only entitled to withdraw from this Agreement if the Buyer fails to duly and promptly pay the purchase price for the Vehicle.
In the event of a withdrawal from the Purchase Agreement for any of the reasons given by law or these Business Terms and Conditions, the Seller will return the purchase price for the Vehicle to the Buyer against the return of the Vehicle to the Seller by the Buyer at the Seller’s premises, in the condition in which it took receipt of the Vehicle from the Seller, taking normal wear and tear into account. If the Buyer fails to return the Vehicle to the Seller in the condition in which it took receipt of the Vehicle from the Seller, taking normal wear and tear into account, it undertakes to pay the Seller all costs for returning the Vehicle to such a condition, and all damages incurred by the Seller in this context; the Seller will be able to offset its claim for the payment of these sums against the Buyer’s claim for the return of the purchase price. In the event of a withdrawal from the Purchase Agreement, the Buyer will not be entitled to compensation for costs in relation to the return of the Vehicle to the Seller, unless this a justified withdrawal based on claimed liability for defects. The Buyer is not entitled to interest on money returned by the Seller.
The Buyer shall become the owner of the Vehicle upon the Purchase Agreement becomes effective and payment in full of the purchase price for the Vehicle.
The Vehicle shall be delivered at the Seller´s premises. Should the Buyer arrange for the transport of the Vehicle from Seller´s premises, the Buyer shall inform the Seller 24 hours, at the latest, before the intended takeover of the Vehicle.
The Seller undertakes to handover the Vehicle to the Buyer by within 10 (ten) business days following the payment of the full purchase price. From the moment it takes receipt of the Vehicle, the Buyer is fully responsible for complying with all legal regulations on the operation of vehicles on public roads, and will ensure the conclusion of third party motor vehicle insurance for the Vehicle at the latest from this moment, otherwise it will be liable for all damages incurred by the Seller (including fines imposed by the relevant authorities).
The risk of damage to the Vehicle passes to the Buyer at the instant the Buyer (including any agent or carrier appointed by the Buyer) takes receipt of the Vehicle.
The Seller guarantees the Buyer that the Vehicle can be re-registered to the Buyer in the Czech Republic, and that this is not prevented by any record with the relevant public administration authority. This guarantee explicitly relates to the Czech Republic only, whereas the Seller does not, as a matter of principle, handle administrative operations relating to the registration of vehicles outside the Czech Republic.
The Buyer shall provide the Seller with consent to make a copy of the Buyer’s ID card, or other submitted identity document, in accordance with Section 15a of Act No. 328/1999 Coll., on identity cards, as amended, or in accordance with Section 2 (3) of Act No. 329/1999 Coll., on travel documents, as amended, for the purposes of entering the Buyer in the Seller’s customer records, and to arrange changes in the Motor Vehicle Register.
If financing the purchase of the Vehicle through a loan or leasing, the Buyer understands that the Seller takes no responsibility for the offer or conditions of the loan or leasing arranged between the Buyer and the finance provider.
The provisions of Section 1798 to 1800 of the CivC shall not apply to the obligation between the Seller and the Buyer, if the Buyer is an entrepreneur in the sense of Section 420 of the CivC.
All contractual relations between the parties are concluded in accordance with the laws of the Czech Republic and in questions not expressly covered by the Purchase Agreement or BTC, shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended.
The parties exclude application of the UN Convention on Contracts for the International Sale of Goods to their relationships. The parties agree that courts of the Czech Republic shall have exclusive jurisdiction to settle any disputes arising in connection with the Purchase Agreement and these BTC, whereas the general court of the Seller shall have local jurisdiction.
Any agreement to alter the Purchase Agreement must be made in writing. For the purpose hereof, the written form includes also e-mail messages.
Any communication relating to the Purchase Agreement and BTC shall be made in English.
The Buyer is bound by the wording of the BTC effective at the time of Concluding the Purchase Agreement.
These BTC become valid and effective on June 17, 2014.
AAA Auto International a.s. | Dopraváků 874/15, 184 00 | 8 Praha 8 – Čimice | ID No.:
Entered in the Commercial Register kept by the Municipal Court in Prague, section B, file no. 8578, ID No. 01759299, Tax No. CZ699002719