1.1. These Tracknav-SMC Limited Terms and Conditions (hereinafter referred to as 'Terms and Conditions') shall govern the sale of vehicles through the Company's website at https://www.eezycars.co.ug and/or any other internet based electronic platform or application used by the Company for the online sale of vehicles and which platform is accessible by the entire world (hereinafter referred to as the "Eezy Cars Platform").
1.2. Access to the Eezy Cars Platform is on a registration basis.
1.3. All Sales on the Eezy Cars Platform whether by Public auction or Private treaty shall be conducted in accordance with these Terms and Conditions
1.4. These Terms and Conditions shall apply to all Users of the Eezy Cars Platform including Sellers, Private Sellers, Buyers, potential Buyers, Bidders, and auctioneers.
1.5. All Users warrant that they have read and understood these Terms and Conditions.
1.6. Users shall be deemed to have accepted to be bound by these Terms and Conditions when they click and/or sign against the section with "I have read these Terms and Conditions" and when they click "I accept".
1.7. A User who disagrees with these Terms and Conditions or any part of these Terms and Conditions, must not use the Eezy Cars Platform.
1.8. A User who uses the Eezy Cars Platform in the course of a business or other organizational project:
1.8.1. confirms that they have obtained the necessary authority to agree to these Terms and Conditions;
1.8.2 confirm that they bind both themselves and the person, Company or other legal entity that operates that business or organizational project, to these Terms and Conditions; and
1.8.3 agree that "User" in these Terms and Conditions shall reference both the individual User and the relevant person, Company or legal entity unless the context requires otherwise.
1.9. The Company reserves the right to make changes to these Terms and Conditions from time to time, without prior notice to the User. The most recent version of the Terms and Conditions shall be available for the User's acceptance or refusal at the time of logging into the Eezy Cars Platform. It shall be the responsibility of the User to keep themselves updated on the Terms and Conditions. Continued use of the Eezy Cars Platform after any amendment of the Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.
2.1 In these Terms and Conditions unless the context indicates otherwise, the following words or expressions shall have the following meanings.
2.2 "Asking Price" means the price indicated as the starting price for a vehicle that is on sale by way of Private treaty.
2.3 "Auction" / "online public auction" means the public sale of a vehicle by a licensed auctioneer/bailiff through the Eezy Cars Platform to the highest bidder.
2.4 "Auctioneer" means a person licensed under the Auctioneers Act Cap 270 or Advocates Act Cap 267 to engage in auctioneering business;
2.5 "Auction Hours" refer to the hours between 10 am and 12 noon of the advertised date of auction, subject to a dynamic ending of the auction.
2.6 "Bailiff" means a person licensed under the Judicature (Court Bailiffs) Rules, 2022;
2.7 "Bid" means an offer of money for a Vehicle. It also means virtually clicking the "Bid Now" button on the Eezy Cars Platform and entering a bidding amount;
2.8 "Bidder" means an individual, entity or representative who submits a bid for purchase a Vehicle listed on the Eezy Cars Platform for sale;
2.9 "Buyer" means the Bidder with the highest Bid at the end of the Auction or the purchaser of a vehicle sold by Private treaty;
2.10 "Business Day" means the time between 8.00 a.m. to 5.00 p.m. from Monday to Friday and 9.00 a.m. to 1.00 p.m. on Saturday, with the exception of gazetted public holidays;
2.11 "Contract of Sale" means the written contract for purchase of a vehicle formed between the Private Seller and the Buyer upon conclusion of a sale by Private treaty;
2.12 "Deposit" means an amount of money, determined by the Company from time to time, payable by the bidders and potential Buyers, which enables them to place bids and make offers for purchase of vehicles on the Eezy Cars Platform.
2.13"Dynamic Ending" means the automatic extension of bidding time that occurs on the Eezy Cars Platform every time a bid is placed within the last 5 minutes of the indicated time of close of the auction. The time extensions may continue until there are no more bids.
2.14 "Listing" means the placement of a Vehicle on the Eezy Cars Platform for purposes of sale or marketing.
2.15"Offer" means an offer of money for the purchase of a Vehicle on the Eezy Cars Platform;
2.16 "Pre-bidding" means the process of placing bids before the Auction Hours;
2.17 "Purchase Price" means the value in money payable in consideration for a vehicle bought by auction or Private treaty.;
2.18 "Private Sale"/ "Private treaty" means the process of selling a vehicle which is listed on the Eezy Cars Platform, by way of a deal negotiated between a Seller and a Buyer, without recourse to an auction process;
2.19"Private Seller" means a person who has delivered his vehicle to the Company for the Company to sell the vehicle by way of Private treaty and who pays a commission agreed upon with the Company for a successful sale together with any other charges as may be agreed upon between him and the Company;
2.20 "Reserve Price" means the price indicated on the Eezy Cars Platform as the lowest acceptable price for a vehicle;
2.21 "Seller" means a lender, creditor or Private Seller who is entitled in law to sell a Vehicle;
2.22 "User" means any person who uses the Eezy Cars Platform and includes a Bidder, Buyer, Seller, Private Seller, auctioneer and Bailiff;
2.23 "Vehicle(s)" means any kind of motor car, supercar, motor cycle or motorised caravan, every kind of commercial, agricultural and other self-propelled vehicle, together with mechanical and electrical plant and equipment;
2.24Any reference in these Terms and Conditions to:
2.24.1 a clause is, subject to any contrary indication, a reference to a clause of these Terms and Conditions;
2.24.2 where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
2.24.3 if any provision in a definition confers rights, or imposes obligations on any party, effect is to be given to it as a substantive provision of these Terms and Conditions;
2.24.4 unless the context indicates otherwise an expression which denotes any gender includes both the others;
2.24.5 reference to a natural person includes a juristic person;
2.24.6 the singular includes the plural, and the plural includes the singular;
2.24.7 any number of days prescribed in this Agreement refers to business days and excludes the first day and includes the last day;
2.24.8 unless the context indicates otherwise, if the day for payment of any amount or performance of any obligation falls on a day which is not a Business Day, that day will be the next Business Day;
3.1 The use of the Eezy Cars Platform shall be governed by these Terms and Conditions and as far as the circumstances of each sale transaction permit, the Laws of Uganda including the Auctioneers Act Cap 298, The Judicature (Court Bailiffs) Rules 2022, The Advocates Act cap 295, The Security Interest in movable property Act 2019, The Security Interest in movable property Regulations 2019, The Tier 4 Microfinance Institutions and Money Lenders Act Cap 61, The Tier 4 Microfinance Institutions and Money Lenders regulations 2019, The Data Protection Act,Cap 97, the Law of Contracts Act, the Sale of Goods and supply of services Act, Cap 292 and, the Company's Website Terms of Use Policy and Company's Data Privacy Policy.
3.2 The Company makes no promises or guarantees as to the availability of the Eezy Cars Platform, or that a User will have uninterrupted, secure or error free access to the Eezy Car Platform. The Company excludes all liability in relation to any inability of a User to access the Eezy Cars Platform, place Bids, make Offers or availability of real time notifications.
3.3 A User agrees that the use of the Eezy Cars Platform which includes making Offers, placing Bids and purchasing vehicles, is at the User's own risk and that Offers and Bids might not be received, accepted or utilised.
3.4 By using and accessing the Eezy Cars Platform, the User warrants and promises that the User:
a. is at least 18 years old.
b. has the right, authority and capacity to enter into a legally binding contract.
c. has supplied the Company with accurate and true details about the User.
d. shall be solely liable for actions taken using the User's Username and password to access the Eezy Cars Platform, whether taken by the User or third parties and/or with or without the User's consent or knowledge.
e. will act lawfully, diligently and honestly at all times when accessing and using the Eezy Cars Platform and will comply with all laws and regulations.
f. will not interfere with, jeopardise, disrupt or harm the Eezy Cars Platform and will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided via the Eezy Cars Platform.
3.5 The Eezy Cars Platform and all information, content, materials, products (including software) and services included on or otherwise made available to the User are provided on an "as is" and "as available" basis, unless otherwise specified in writing.
3.6 The Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
3.7 The User acknowledges that the Company:
a. is not a party to the sale of any Vehicle;
b. does not warrant that the Seller is willing and/or able to perform its obligations to the Buyer as contained herein; and
c. will not be a party to any dispute between the Seller and the Buyer in relation to the Vehicle.
3.8 The Company reserves the right in its sole discretion and without giving reasons to exclude any User from using the Eezy Cars Platform where the User has breached or threatens to breach these Terms and Conditions and/or engages in any behaviour which the Company in its sole discretion regards as likely to have an adverse effect on the conduct of the sales on the Platform or the reputation of the Company.
3.9 The Company reserves the right in its sole discretion and without giving reasons to exclude and remove any vehicle listed for sale on the Eezy Cars Platform.
4.1.1 All the Users shall:
a. complete, in full, the registration or subscription documents provided on the Eezy Cars Platform;
b. certify that the information provided by the User in all respects is true and correct;
c. furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever;
d. acknowledge that the bidding for any Vehicle on the Eezy Cars Platform and any sale concluded as a result thereof will give rise to a contractual relationship between the Seller and the Buyer.
4.1.2 All Sellers other than Private Sellers may be required to register and pay a nonrefundable, non- transferable annual subscription fee as may be determined by the Company from time to time.
4.1.3 All Sellers including lenders, creditors, financial institutions, commercial Sellers, and, auctioneers who sell more than one (1) Vehicle in a year on the Eezy Cars Platform must be registered Users and may be required to pay an annual subscription fee as may be determined by the Company from time to time.
4.1.4 Any Private Seller who wishes to gain access to the Eezy Cars Platform must register as required for all other Users and pay any fees as may be determined by the Company.
4.1.5 It shall be the sole responsibility of the User to keep and maintain the safety of their account name or number and password.
4.1.6 The Company reserves the right to deny access to Users without any explanation or to make approval of a User subject to special conditions.
4.1.7 The User's registration is deemed to be consent by the User that the Company may conduct various checks on the User including checks with any third parties as circumstances may require.
4.1.8 The Company may from time to time request updated information from the User to verify the User's information or for any other purpose the Company may deem fit.
4.2.1 Unless otherwise agreed with the Company in writing, a Vehicle shall not be deemed accepted for listing unless and until the Seller, Private Seller or auctioneer has complied with clause 4.1 above and has produced:
a. the Vehicle and stored it at any authorized storage facility;
b. a copy of the Vehicle's logbook;
c. the keys of the Vehicle;
d. any required entry fee as shall be communicated by the Company from time to time.
4.2.2 It is the duty of the Seller or Private Seller to ensure the Vehicle is insured against third party damage and/or theft whilst at the storage facility or otherwise in the Company's control and shall remain insured until risk passes to a Buyer
4.3.1 Any User who wishes to place a bid or bids, offer or offers on any vehicle or vehicles on sale on the Eezy Cars Platform must pay a refundable Deposit of UGX. 150,000/= as shall be directed by the Company via the Eezy Cars Platform.
4.3.2 Any bidder whose bid is not successful shall be entitled to a refund of the Deposit less any applicable transaction fees but may in writing request the Company to retain the Deposit for use in future sales.
4.4.1 Without prejudice to any other rights of the Company under these Terms and Conditions in respect of the charging of commission, entry fees, and any other relevant fees, the Company is entitled to charge commission in all cases including but not limited to:
a. when a Vehicle is sold via auction irrespective of whether the sale is later rescinded (save further to an act or omission of the Company);
b. if the Vehicle is sold (or re-sold) by way of Private Sale;
c. if the Vehicle is re-sold further to the default of the Buyer or the Seller;
d. if the Seller becomes the Buyer.
5.1 All Online Public Auctions shall be conducted by a licensed and duly instructed auctioneer or Bailiff.
5.2 All online Public Auctions shall be conducted in accordance with these Terms and Conditions, and, in as far as they are applicable to the conduct of public auctions, the Auctioneers' Act and the Auctioneers' Rules.
5.3 All Users understand that the Eezy Cars Platform facilitates the conduct of simultaneous auctions.
5.4 All vehicles for sale by way of online public auction shall be registered on the Eezy Cars Platform by an auctioneer.
5.5 An online public auction shall be overseen by the auctioneer who registered the vehicle on the Eezy Cars Platform.
5.6 A vehicle registered on the Eezy Cars Platform for auction can only be withdrawn by the auctioneer who registered it subject to payment of all charges incurred by the Company.
5.7 Where a sale of a vehicle is subject to a reserve price, and subject to contrary instructions by a Seller, the vehicle cannot be sold below the reserve price.
5.8 The reserve price of a vehicle shall be indicated on the Eezy Cars Platform as the starting price of the vehicle.
5.9 Where a sale is subject to a reserve price, the successful bid may equal the reserve price.
5.10 Every bid shall constitute a firm offer to purchase the Vehicle on offer for the bid amount.
5.11 Bids can only be submitted electronically through the Eezy Cars Platform. No alternative form of bidding shall be accepted or considered valid for any reason whatsoever.
5.12 The Eezy Cars Platform may bear a standard rate of increment of bids.
5.13 The Eezy Cars Platform permits Users to place pre-bids.
5.14 Pre-bids escalate the price of the vehicle.
5.15 Pre-bids are visible to all registered Users of the Eezy Cars Platform.
5.16 Pre-bids mature into bids at the commencement of the auction.
5.17 An online public auction shall be conducted during the Auction Hours.
5.18 When the live auction commences, the highest pre-bid shall be the starting bid.
5.19 Bids may continue to be made during the auction hours.
5.20 A Bidder may retract a bid at any time before the sale is complete.
5.21 A bid may be retracted by way of an email to hello@eezygroup.net during the Auctions Hours.
5.22 A sale is complete when the highest bid is accepted by the auctioneer and highest Bidder notified of his successful bid by way of an email from the auctioneer following the end of the Auction Hours.
5.23 An auction on the Eezy Cars Platform shall close at the end of the Auction Hours subject to a dynamic ending.
5.24 The highest bidder at the end of the Auction Hours, is the Buyer of the vehicle on auction.
5.25 In the event of equal bids being received during an auction, and the said equal bids being the highest bids received, the Auctioneer shall declare the bidder who placed the first highest bid, as Buyer of the vehicle.
5.26 The Highest bidder may receive an email notification of his successful bid from the Eezy Cars Platform.
5.27 The highest Bidder shall within a reasonable time after the lapse of the Auction Hours receive by way of an email from the auctioneer, a confirmation of purchase and payment details in respect of the monies due for the Vehicle purchased.
5.28 In the event that the highest bidder withdraws their bid after the sale, the Deposit paid by the bidder with the Eezy Cars Platform shall be forfeited and the next highest bid shall be declared the winning bidder, subject to meeting the reserve price.
5.29 The Vehicles will be sold no earlier than twenty-one (21) days after the first newspaper advertisement. If none of the qualifying bidders chooses to purchase the vehicle, it will proceed to the next auction cycle. For the $2^{nd}$ and $3^{rd}$ auction cycles, the vehicle will be re-advertised for a period of seven (7) days. For the 4th auction cycle and any subsequent cycles, the vehicle will be re-listed for a period of twenty-four (24) hours without further re-advertisement.
5.30 A vehicle that is subject to taking of further instruction by the auctioneer may continue to appear on the Eezy Cars Platform for marketing purposes only.
5.31 If, after re-advertisement and re-listing, a vehicle does not receive any bids, the auctioneer or bailiff may elect to withdraw the vehicle from the Eezy Cars Platform and explore alternative modes of auction or sale.
5.32 Once a vehicle is auctioned, the vehicle shall be removed from the Eezy Cars Platform.
5.33 Title, ownership and risk in the vehicle sold on auction vests in the Buyer upon completion of sale.
5.34 The auctioneer/bailiff will exercise a possessory lien over the vehicle together with documents of title until full payment of the purchase price and compliance with any other conditions of sale.
5.35 Neither the auctioneer nor the Company, their employees or agents, shall be responsible for any loss or damage of any kind whether caused by negligence or otherwise while any vehicle is in their custody, possession or under their control following the completion of sale.
5.36 The Company reserves the right to cancel an auction at any time without giving reasons.
5.37 Any price indicated or conveyed at an Auction, is stated inclusive of Value Added Tax ("VAT"), other applicable sales tax and/or Company commission, if applicable.
5.38 Bidders are expressly forbidden from any form of bid manipulation, including collusion or bidding on any Vehicle that they themselves or a party affiliated with them are selling in an Auction.
5.39 Bidders are strictly forbidden from bidding under a false name or as an agent for a person who would be prohibited by these Terms and Conditions, the Auctioneers' Act, The Auctioneers' Rules and any other applicable laws, rules and regulations.
6.1 The Seller warrants and guarantees that:
6.1.1 the Seller is the true owner of the Vehicle and/or is properly authorized to sell the Vehicle by the true owner or by law;
6.1.2 the Seller is able to transfer a good title to the Vehicle free from any third-party claims;
6.1.3 the odometer (or the total mileage of a Vehicle if stated to be different from the odometer) if noted as "warranted" will be true and accurate;
6.1.4 the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number that corresponds to the Vehicle registration documents;
6.1.5 the year registered and the year of manufacture which has been provided by the Seller is correct (save that when the expression "unknown" or "year as seen" is used - no warranties or representations are given regarding the age of a Vehicle); and
6.1.6 all representations made and documents and/or information provided by the Seller in any form concerning the Vehicle are accurate and informed, and the Seller acknowledges that such representations will be relied upon by the Company, the auctioneer and the Buyer.
6.1.7 the Vehicle is free from any encumbrance in favour of any third party not declared or known to the Seller at the time of sale.
6.2 The Seller shall not interfere with an auction process unless called upon by the Auctioneer/bailiff effecting the auction. However, where the motor vehicle is subject to a loan and the seller is a mortgagee of the same, the seller reserves the right to stop an auction and allow a debtor to redeem the motor vehicle where a debtor pays off the loan, before an auction is concluded.
6.3 The Seller shall indemnify the Company, its servants and agents, the Auctioneer and the Buyer against any loss or damage suffered by them in consequence of any breach of the warranties set out herein above on the part of the Seller.
6.4 So far as permitted by law, the Seller agrees to indemnify, defend, and hold the Company harmless from any and all damages, losses, liabilities, costs, expenses including legal fees, disbursements, and VAT, or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) that may arise from or be related to the damage of the Vehicle or any other event affecting the Vehicle, unless such event or damage is a result of the Company's negligence.
6.5 So far as permitted by law, the Seller agrees to indemnify and keep indemnified, defend, and hold the Company harmless in respect of any liability to taxation, duty, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, wherever imposed, that the Company may suffer as a direct or indirect consequence of the use of the Eezy Cars Platform and/or Services.
6.6 the Seller agrees that where a Vehicle is available for sale at the Eezy Cars Platform, they shall not advertise or purport to sell the Vehicle elsewhere. In the event that a Seller fails to comply with this Clause, the Seller acknowledges that they may incur legal liabilities to the Company, the auctioneer and/or the Buyer where a Sale is concluded pursuant to an auction conducted through the Eezy Cars Platform.
6.7 For the avoidance of doubt, nothing in these Terms and Conditions limits the liability of the Buyer or Seller for:
a. death or personal injury caused by negligence; or
b. fraud or fraudulent misrepresentation; or
c. breach of any of the Laws of Uganda; or
d. any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability.
7.1 Bidders and Buyers warrant and represent to the Company that they have read and agreed to be bound by these Terms and Conditions.
7.2 The Buyer warrants and represents that the exclusions of liability (whether by the Company or the Seller) are fair and reasonable.
7.3 Each Bidder and Buyer shall provide his true name and address and such other information and proof of identity - as may reasonably be required by the Company.
7.4 The Buyer understands and agrees that all vehicles are sold on "as is and where is" basis with all faults and imperfections and errors of description. The absence of any reference to the condition of a Vehicle does not imply that the Vehicle is free from faults, imperfections and/or restorations. Illustrations in catalogues or brochures are for identification purposes only. The Company will not be held responsible for any damage or defect on the vehicles.
7.5 It is the Bidders' responsibility to satisfy themselves prior to bidding as to the condition of each Vehicle and should exercise and rely on their own judgement as to whether the Vehicle accords with its description. Bidders bid on the understanding that, inevitably, representations or statements as to the genuineness, origin, date, age, vehicle starting capability or condition involve matters of opinion. Neither the Company, its employees or agents nor the Seller nor the auctioneer/bailiff shall be liable for the correctness of such opinions and errors of description or the genuineness or authenticity of any Vehicle.
7.6 Bidders and Buyers agree that they shall immediately update the Company on any changes to information provided by them to the Company.
7.7 Bidders and Buyers warrant and represent to the Company that they understand and agree that:
a. they have no rights against the Company in respect of the quality, condition or merchantability of the Vehicles;
b. the Company does not conduct any safety checks; or
c. prior to making any Offer in respect of any Vehicle, they will satisfy themselves regarding the value and condition of the vehicle by inspecting it and/or making such other background checks as are prudent and sensible.
7.8 Bidders and Buyers agree to fully and effectively indemnify the Company, the Auctioneer and the Seller and hold them harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by reason of the Bidder or Buyer being in breach of these Terms and Conditions.
7.9 By placing a Bid, the Bidder warrants that they have the ability and the intention to proceed with the purchase of the Vehicle.
8.1 Immediately following the end of the Auction Hours, the Buyer shall follow the appropriate process as notified by the auctioneer and pay the purchase price.
8.2 The Buyer should make payment of the total purchase price in the currency advertised within 3 hours after confirmation of the sale by the auctioneer/bailiff. Should the Buyer be unable to make payment of the full price within 3 hours of the confirmation of the sale, including instances when the Buyer is procuring third party financing for the purchase price, the Buyer will be expected to notify the auctioneer/bailiff by way of email and pay a deposit of not less than $25\%$ of the purchase price within 3 hours after receiving confirmation of the sale. The balance of the purchase price must be paid within 24 hours of receiving confirmation of the sale. If the Buyer fails to make the payment as communicated by the auctioneer, the auctioneer retains the absolute discretion to exercise any of the options set out at clause 10 below.
8.3 Where a Buyer is obtaining third party financing for the balance of the purchase price, he shall be required to provide the auctioneer/ bailiff with an offer letter or any other form of the third party's approval to finance the balance of the purchase price within 24 hours of the confirmation of the sale. In the event of any delay in obtaining third party financing by the Buyer, the Buyer shall be liable for all fees, costs, claims and charges emanating from such delay.
8.4 No cash payments will be accepted by the Auctioneer/bailiff or the Company in payment of the Purchase price. Payment must be done by either mobile money transfer or electronic funds transfer. The Company reserves the right to refuse any other method or means as payment.
8.5 Unless stated otherwise in this Terms and Conditions, all payments shall be exclusive of any transaction fee.
8.6 Before remitting the proceeds of any sale to the Seller, the Auctioneer/bailiff is entitled to deduct his charges from the purchase price and any other charges as he may be instructed or as he may agree with the Seller.
8.7 Where the Buyer fails to pay the balance of the purchase price following payment of the deposit on the purchase price or a part thereof, the Deposit paid to the Company shall stand forfeited and the deposit on the purchase price of $10\%$ or any other lesser amount, shall similarly stand forfeited and be deemed as liquidated damages inclusive of the auctioneer's/bailiff's fees, flowing from the Buyer's default. Any amount paid by the Buyer in excess of $10\%$ of the purchase price shall be refunded to the Buyer within seven days of the default.
9.1 The Seller shall give and the Buyer shall take possession of the Vehicle within 48 (forty-eight) hours after paying the Purchase Price. The Buyer shall collect the Vehicle directly from the storage facility. All risk in and to the Vehicle shall pass from the Seller to the Buyer upon completion of sale.
9.2 Where the vehicle is stored at the Company's storage facility, and the Buyer fails to collect the Vehicle from the storage facility within forty-eight (48) hours as aforementioned, then the Company shall be entitled to store the Vehicle and charge storage charges of not be less than UGX 15,000 per day inclusive of VAT and associated costs, which shall be borne by the Buyer. The Company shall not release the vehicle to the Buyer and shall exercise a lien over the vehicle until such time as the storage and associated costs have been paid by the Buyer.
9.3 Where the vehicle is stored at any other authorized storage facility not owned by the Company, their storage Terms and Conditions shall apply.
10.1If the Buyer does not honour its obligations for payment under Clause 8 above in any way, the Auctioneer may elect to exercise one or more of the following rights or remedies:
a. to rescind the Sale and re-auction the Vehicle and retain or recover from the defaulting Buyer all costs incurred as a result of the default of the Buyer including liquidated damages stipulated herein.; and/or
b. to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction;
10.2In the event of default on payment by a Buyer who has paid more than $10\%$ of the purchase price within the initial 3 hours, the Buyer will be reimbursed the amount in excess of $10\%$ of the purchase price. The Deposit paid to the Company in order to bid and the stipulated $10\%$ liquidated damages will be retained consistently with the provisions of clause 8.7 herein.
11.1All Private Sales conducted via the Eezy Cars Platform shall be conducted by the Company, which for purposes of the sale is the Private Seller's agent.
11.2The mandate of the Company in Private sales shall include:
a. listing the Vehicle on the Eezy Cars Platform as a mode of advertising the Vehicle or on any other platform the Company may deem suitable, for purposes of securing the best possible price for the Vehicle;
b. ensuring safe storage of the Vehicles stored at its facility pending sale;
c. receiving offers and offers through the Eezy Cars Platform or any other method
d. regulating the process on the Eezy Cars Platform including the fixing of the rate of bid increment
e. communicating any offers or bids to the Private Seller
f. communicating the Private Seller's acceptance or refusal of an offer to the maker
g. availing information regarding the viewing of the Vehicle to potential Buyers
h. signing the Contract of Sale on behalf and with the authority of the Private Seller
i. receiving the Purchase Price on behalf of the Private Seller
j. paying the Purchase Price to the Private Seller less the agreed commission and any other charges that may be due from the Private Seller
k. withdrawing the Vehicle from the Eezy Cars Platform for any reason whatsoever and without giving reasons, before or after a sale
11.3The Company is an agent of the Private Seller solely for the purpose of securing a Buyer and shall not be liable for any breach, liability, loss or damage by or to the Private Seller or Buyer however occasioned.
12.1 A Private Seller wishing to engage the Company to sell his Vehicle by way of Private treaty through the Eezy Cars Platform or otherwise shall deliver the motor Vehicle to the Company's designated yard.
12.2 The Private Seller must provide all information, authorities and consents required by the Company including by filing in any documents and forms provided by the Company, with regards to:
a. the motor Vehicle including the title documents of the Vehicle, any defects and accidents the motor Vehicle may have been involved in, the reasons for selling the motor Vehicle amongst others.
b. his full identity including his postal and physical address, mobile number and email address
c. authorizing the Company to sell the Vehicle and to sign the Contract of Sale on his behalf
d. undertaking to pay the Company its commission on the sale and any other charges that may be incurred by the Company in the conduct of the sale.
e. his ownership of the Vehicle and agreement to transfer the ownership and possession to the Buyer
f. any other information that may be required by the Company
The Private Seller warrants and guarantees that:
13.1 the Private Seller is the true owner of the Vehicle and/or is properly authorised to sell the Vehicle by the true owner or by law;
13.2 the Private Seller is able to transfer good title to the Vehicle free from any third-party claims;
13.3 that the Private Seller shall co-operate with the Company and the Buyer to ensure an expeditious transfer of the ownership of the Vehicle to the Buyer.
13.4 the Vehicle is free from any charge or encumbrance in favour of any third party, not declared or known to the Private Seller at the time of sale.
13.5 the Buyer shall have and enjoy quiet possession of the Vehicle;
13.6 the Vehicle has its true and proper registration mark and chassis number and/or Vehicle identification number that corresponds to the Vehicle registration documents;
13.7 the year registered and year of manufacture which has been provided by the Seller is correct and save that where the year is indicated as unknown, no warranties or representations are given regarding the age of the vehicle.
13.8 all representations made and documents and/or information provided by the Private Seller regarding the Vehicle are accurate and the Private Seller acknowledges that such representations, documents and/or information shall be relied upon by the Company and the Buyer.
Bidders, Potential Buyers and Buyers warrant and agree that: -
14.1 they have read and agreed to be bound by these Terms and Conditions.
14.2 by making an offer for purchase of a Vehicle, the Potential Buyer warrants that they have the ability and the intention to proceed with the purchase of the Vehicle.
14.3 they have the capacity to enter into the Contract of Sale.
14.4 they shall provide their true name and address and such other information and proof of identity as may reasonably be required by the Company.
14.5 it is their responsibility to satisfy themselves prior to bidding or making an offer for purchase of a Vehicle, as to the condition of each Vehicle and should exercise and rely on their own judgement as to whether the Vehicle accords with its description. Bidders and Potential Buyers bid on the understanding that, inevitably, representations or statements as to the genuineness, origin, date, age, Vehicle starting capability or condition involve matters of opinion. Neither the Company nor its employees or agents nor the Seller shall be liable for the correctness of such opinions and errors of description or the genuineness or authenticity of any Vehicle.
14.6 all Vehicles are sold on a "as is and where is" basis with all faults and imperfections and errors of description. The absence of any reference to the condition of a Vehicle does not imply that the Vehicle is free from faults, imperfections and/or restoration. Illustrations in catalogues or brochures are for identification purposes only. The Company will not be held responsible for any damage or defect on the Vehicles.
14.7 they have no rights against the Company in respect of the quality, condition or merchantability of the Vehicles;
14.8 the Company does not conduct any safety checks;
14.9 they agree to fully and effectively indemnify the Company and/or the Private Seller and hold them harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by reason of their breach of these Terms and Conditions.
15.1 Upon delivering the Vehicle to the Company's designated yard, the Vehicle shall undergo a valuation for purposes of determining its market and forced sale values.
15.2 The Private Seller undertakes that the valuation report shall be a point of reference when determining the Asking Price.
15.3 The Private Seller may consult with the Company regarding the Asking Price.
15.4 The valuation report shall be available on the Eezy Cars Platform for viewing by Users.
15.5 The Purchase Price shall be paid as agreed upon by the Private Seller and the Buyer in the Contract of Sale.
16.1 The Eezy Cars Platform shall avail protentional Buyers with four options: 'Bid', 'Autobid' 'Make an Offer' and 'Buy Now'.
16.2 The 'Bid' option is available to bidders making an offer to purchase a Vehicle and who are subject to the bid increment rate.
16.3 The 'Autobid' option is available to bidders who wish to make a substantially high bid unbound by the bid increment rate.
16.4 The 'Make an Offer' option is available to potential Buyers offering to purchase the Vehicle at a price lower that the indicated Asking Price.
16.5 The 'Buy Now' option is available to bidders ready to purchase the vehicle at the indicated Asking Price.
17.1 The Company shall inform the Private Seller of all bids and offers received on the Vehicle.
17.2 The Private Seller shall confirm his acceptance or refusal of the bids or offers to the Company.
17.3 Upon acceptance of a bid or offer by the Private Seller, the Company shall inform the Buyer of his successful bid or offer, and invite the Buyer to sign the Contract of Sale and pay the Purchase Price.
17.4 The Buyer shall pay a deposit of at least $25\%$ of the purchase price within 48 hours of being notified of his successful bid or offer and the balance of the purchase price shall be paid within the next following 48 hours.
17.5 In the event that the Private Seller declines all the bid or offers received, the Private Seller may re-instruct the Company to re-advertise the Vehicle for sale or may withdraw the Vehicle from the Company subject to payment of all costs, fees and charges incurred by the Company.
17.6 The Contract of Sale shall be a binding and enforceable written agreement between the Private Seller and the Buyer on the purchase of the Vehicle.
17.7 The Contract of Sale shall be signed by the Private Seller or the Company when duly authorized and by the Buyer or his agent authorized in writing.
17.8 All obligations, rights and liabilities under the Contract of Sale shall be the Private Seller's and Buyer's obligations, rights and liabilities, and shall not attach to the Company or the Buyer's agent who may have executed the Contract of Sale on their behalf.
19.1The ownership and risk in the Vehicle sold by Private sale shall vest in the Buyer upon payment of the Purchase Price whether delivery has been made or not.
19.2The Company's designated yard where the motor Vehicle is stored shall be the place of delivery.
19.3It shall be the obligation of the Buyer to take possession of the Vehicle upon payment of the Purchase Price.
19.4The Company and the Private Seller shall not be liable for any loss or damage to the Vehicle caused by the Buyer's delay or failure to promptly take possession of the Vehicle immediately upon payment of the Purchase Price.
19.5Where the Buyer fails to take possession of the motor Vehicle within the timelines stipulated by the Contract of Sale, which shall in any event be upon payment of the Purchase Price, he shall be liable to pay storage and associated charges that may accrue as a result of his failure whether the Vehicle is stored at the Company's storage facility or a third-party storage facility.
19.6At the time the Buyer takes possession of the Vehicle, the Company shall initiate the process of transferring the Vehicle to the Buyer on behalf of the Private Seller, and shall provide the Buyer with the documents of title required by the Buyer to obtain registration of the Vehicle in his favour.
20.1 The Company shall remit the Purchase Price less its commission and any other charges agreed upon to the Private Seller within two working days of receipt from the Buyer.
20.2Unless otherwise agreed between the Company and the Private Seller, the Company shall not be under any obligation to remit the Purchase Price to the Private Seller until such time as the Buyer remits the full Purchase Price.
21.1 If the Buyer does not honour its obligations for payment under Clause 17 above in any way, the Private Seller may elect to exercise one or more of the following rights or remedies:
a. to rescind the Sale and put up the vehicle for sale again and retain or recover from the defaulting Buyer all costs incurred as a result of the default of the Buyer including liquidated damages of $10\%$ of the Purchase price; and/or
b. to reject or ignore any bids or offers made by or on behalf of the defaulting Buyer at any future sale;
21.2In the event of default on payment by a Buyer who has paid more than $10\%$ of the purchase price within the initial 3 hours, the Buyer will be reimbursed the amount in excess of $10\%$ of the purchase price within 7 days. The Deposit paid to the Company and the stipulated $10\%$ liquidated damages will be retained by the Company and the Private Seller respectively.
22.1 Personal data will be processed as set out in the Data Privacy Statement which can be viewed at http://www.eezvgroup.net/compliance as updated, amended or replaced by the Company from time to time and in accordance with the Data Protection Act No. 24 of 2019
22.2The User warrants that they have read and understood the Data Privacy Policy and agree to be bound by the policy upon accepting to be bound by these Terms and Conditions.
23.1 The use of the Company's website is subject to the Website use Terms and Conditions which can be viewed at http://www.eezygroup.net/compliance as updated, amended or replaced by the Company from time to time.
23.2The User warrants that they have read and understood the website use Terms and Conditions and agree to be bound by the same upon accepting to be bound by these Terms and Conditions.
24.1 The interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Uganda.
24.2 Users are hereby submitting to the non-exclusive jurisdiction of the courts of Uganda.
$01 / 01 / 2025$
Terms and Conditions Effective Date