Darling Motorcycle Works
  

TERMS AND CONDITIONS

Our Agreement:
My Motorcycle Leads (Pty) Ltd trading as Darling Motorcycle Works has created and developed a unique online marketplace through which you can sell your second-hand Motorcycle or buy a pre-owned Motorcycle with less risk and more convenience than ever before. As the seller of a Motorcycle, the DARLING MOTORCYCLE WORKS Website offers you the convenience and security of:
- comprehensive online advertising to purchasers who have demonstrated their commitment by registering with us online;
- DARLING MOTORCYCLE WORKS Partners who will consider the credit worthiness of potential purchasers through various Financial Institutions
- Motorcycle value estimates based on the Mead & McGrouther guidelines and market trends
- The buyer, through Darling Motorcycle Works, being offered the option of transfer of Motorcycle registration details from your name (the seller) to that of the buyer. *
- Transfer, through Darling Motorcycle Works, of Motorcycle registration details to your name (the buyer) from that of the seller and licensing of the Motorcycle, at an additional cost; *
These services (Services) are described in greater detail on the various pages of the DARLING MOTORCYCLE WORKS Website and further on in these terms and conditions (Terms). Please read these Terms fully. By accessing the DARLING MOTORCYCLE WORKS Website and using any of the Services, you are deemed to have read and agreed to these Terms. Our agreement commences when you access this website and continues thereafter indefinitely, or until terminated by DARLING MOTORCYCLE WORKS for any reason whatsoever. DARLING MOTORCYCLE WORKS May amend these Terms from time to time, in which case such amended Terms will supersede and replace any previous terms. You will be deemed to have read and agreed to these amended terms. Please ensure therefore that you check for modifications to these Terms when accessing the DARLING MOTORCYCLE WORKS Website or using any of the Services.
Pricing and Availability
Prices for Motorcycles (including delivery costs, taxes and any other fees or costs) which can be bought online are displayed on the DARLING MOTORCYCLE WORKS Website. DARLING MOTORCYCLE WORKS uses all reasonable commercial efforts to post accurate prices. Value-Added Tax at the rate of 15% is charged on goods bought by South African residents. Should Motorcycles however be incorrectly priced on the DARLING MOTORCYCLE WORKS Website, the seller will not be obliged to sell his/her/its motorcycle at such incorrect prices, nor will DARLING MOTORCYCLE WORKS be liable to any potential purchaser for such mistake. If the discrepancy between the online price and the actual price is material, Darling Motorcycle Works, and/or its holding or associated companies will only be liable to refund monies paid by the buyer for the Motorcycle in question, subject to return of the Motorcycle to the seller.
Motorcycles are on offer until they are sold. DARLING MOTORCYCLE WORKS will take all reasonable commercial efforts to discontinue the offer as soon as a Motorcycle is no longer available, but DARLING MOTORCYCLE WORKS shall not be liable if any Motorcycle is still being advertised on the DARLING MOTORCYCLE WORKS Website after it has been sold.
Placing a Motorcycle in the DARLING MOTORCYCLE WORKS Parking lot without completing the purchase cycle does not constitute an agreement of sale between a purchaser and a seller and DARLING MOTORCYCLE WORKS and its holding and associated companies cannot be held liable if such Motorcycles are not available when the purchase cycle is completed later. DARLING MOTORCYCLE WORKS may remove such an item from the parking lot if the Motorcycle is no longer available for whatever reason.
The Sale Agreement between a buyer and a seller comes into full force and effect once DARLING MOTORCYCLE WORKS receives written confirmation that the agreement has been concluded and all monies due are paid.
Because of the difficulties inherent in DARLING MOTORCYCLE WORKS establishing the identity of online buyers and sellers and without detracting from the Security Measures described below, you hereby agree to be bound by all instructions, offers, applications and other forms of electronic communications which you send to DARLING MOTORCYCLE WORKS or through the DARLING MOTORCYCLE WORKS Website and which purport to originate from you or from an email address or mobile phone number which you provide in your Registration or any Application Forms (collectively Instructions).
You hereby indemnify Darling Motorcycle Works, its employees, directors, agents, representatives and Affiliated, Subsidiary against any loss or damage, regardless of whether you did in fact authorize such instructions, with no liability of whatever nature attaching to the named parties above in regard thereto.
Risk in and to any Motorcycle purchased through the DARLING MOTORCYCLE WORKS Website passes to the buyer when the buyer signs the delivery receipt. Ownership of any Motorcycle passes to the buyer in respect of cash sales when DARLING MOTORCYCLE WORKS, receives a confirmation of payment from the receiving bank. The passing of ownership in cases where the Motorcycle is financed is governed by the terms and conditions of the Financing Arrangement.
Credit motorcycle payments. At the time of selecting your listing services or any other application for which a fee is charged, the transaction details will be presented to the issuing bank and an authorization will be obtained for the Fee. DARLING MOTORCYCLE WORKS reserves the right to scrutinize all transactions to try to prevent fraud and a transaction may be refused if DARLING MOTORCYCLE WORKS is not satisfied that the transaction is a legitimate one.
Delivery and Lead Times
Signature of the contract will only take place once any deposit that may be required, has been received and confirmed by the bank. This could take up to 72 hours depending on the method of payment. Physical delivery of the Motorcycle will only take place once a buyer has signed both his contract and his delivery receipt; the sellers keys will be handed over to DARLING MOTORCYCLE WORKS and DARLING MOTORCYCLE WORKS will hand over the keys to the buyer. DARLING MOTORCYCLE WORKS will ensure payment to the seller and collect money from buyer. Ownership of the Motorcycle passes from the seller to the buyer on the date and at the time of delivery.
Guarantees and Warranties Returns and Refunds
Even though Motorcycles are tested, as envisaged in these terms, Darling Motorcycle Works, and its holding and associated companies does not guarantee Motorcycles bought through the DARLING MOTORCYCLE WORKS Website or showroom. All such Motorcycles are offered in a specific condition as listed on the DARLING MOTORCYCLE WORKS Website and you expressly agree to accept the Motorcycle in said condition 'as is' and, Darling Motorcycle Works disclaims all warranties of whatever nature in relation to the Motorcycles sold through the DARLING MOTORCYCLE WORKS, Website or Showroom, including without limitation any warranty/guarantee that any Motorcycle: complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website;
is fit for any purpose or free from design and manufacturing errors (including latent defects); and/or
is roadworthy (whether it was tested).
Subject to certain Terms and Conditions and the payment of an Administration fee, any purchaser is entitled to cancel a Sale Agreement and related Finance Arrangements prior to taking delivery to such buyer of the Motorcycle in question, unless the buyer has financed the Motorcycle, in which case the Finance Cooling off period applies.
Finance Cooling off period is defined as when any credit agreement in respect of which the initiative emanated from any credit grantor or his manager, agent or employee, is signed by any credit receiver ,at a place other than the business premises where the credit grantor or his manager, agent or employee ordinarily motor cycleries on business, the credit receiver may within five days after the date of the credit agreement terminate it by notice in writing, delivered or sent by prepaid registered mail to the credit grantor, and by tendering the return of any goods delivered to him in terms of the credit agreement
No Fees or other monies paid when using the Services are refundable, even if complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website; pursuant to a Motorcycle testing, elects not to offer the Motorcycle for sale on the DARLING MOTORCYCLE WORKS Website or if a potential buyer chooses not to purchase a motorcycle that he/she has test driven.
Transaction Records
A history of all the online offers, applications, contracts, and payments that you make from time to time using your account number is available on request to DARLING MOTORCYCLE WORKS For a period of 6 months from the date when DARLING MOTORCYCLE WORKS Receives your offer or payment or confirms in writing receipt of any application or the conclusion of any electronic contract. The terms of all Finance Arrangements, Insurance Policies and Agreements of Purchase and Sale concluded through the DARLING MOTORCYCLE WORKS Website will be stored for a period of 6 months.
Privacy Policy
Each paragraph is protected by copyright laws and may not be copied or used for reproduction in any manner unless arranged for in writing. All photographs on this website are copyrighted and for web browser viewing only.
DARLING MOTORCYCLE WORKS May during your use of the DARLING MOTORCYCLE WORKS Website electronically collect store and process your personal information including your gender, country of residence, non-personal browsing habits and click patterns, e-mail address, IP address, ID number, and credit card and bank account details. This will be for the internal use of DARLING MOTORCYCLE WORKS complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website; only and will under no circumstances be distributed to any other party unless agreed to by you in writing.
DARLING MOTORCYCLE WORKS will do all that is commercially and legally reasonable to protect such personal information from unauthorized use or disclosure.
Security Measures - Data Protection
The security, accuracy and integrity of the data on the DARLING MOTORCYCLE WORKS Website (including Motorcycle test results, users' personal financial information, and all other information stored on the databases that support the website (Website Data) is of material importance to. DARLING MOTORCYCLE WORKS Accordingly reserves the right to conduct whatever verification of your identity and details it deems appropriate prior to Registration Confirmation, and to use whatever technological and other measures it deems necessary to detect and prevent unauthorized access or attempts to gain unauthorized access to the Website Data or to restricted pages of the DARLING MOTORCYCLE WORKS Website. You hereby agree to allow DARLING MOTORCYCLE WORKS to take all reasonable steps to ensure the integrity and security of the Website Data and related back-office applications and agree to comply at your cost with all reasonable security measures which DARLING MOTORCYCLE WORKS May notify to you from time to time regarding access to the Website Data, including without limitation -
using your account number and unique username and password (which complies with the character sets notified by DARLING MOTORCYCLE WORKS From time to time and is changed when reasonably requested from time to time) and ensuring that authorized employees use such account number together with their unique usernames and passwords to log on to the secure pages of the DARLING MOTORCYCLE WORKS Website; and
taking all steps necessary to prevent the disclosure of passwords to any third party. If for any reason a password is no longer secure or becomes accessible to any unauthorized person, you must immediately notify DARLING MOTORCYCLE WORKS Thereof.
Any person who delivers or attempts to deliver any damaging code to the DARLING MOTORCYCLE WORKS Website or attempts to gain unauthorized access to any page on this site or to any Website Data shall be prosecuted and civil damages shall be claimed if DARLING MOTORCYCLE WORKS Or any of its customers suffers any damage or loss.
Security Measures - Payment, Payment Information and Personal Information
DARLING MOTORCYCLE WORKS Warrants that the payment systems used on the DARLING MOTORCYCLE WORKS Website are sufficiently secure with reference to accepted technological standards at the time when you pay any Purchase Price, Deposit, Insurance Premium, Finance Instalment and/or Fees, given the type of transactions concerned.
No Advice, Financial Advice or Solicitation
While DARLING MOTORCYCLE WORKS Makes available the Website Data and the Services to assist you, nothing contained on the DARLING MOTORCYCLE WORKS Website should be construed as any form of advice or as an offer or solicitation in relation to any Motorcycle whatsoever. You undertake not to rely on the Website Data (including without limitation all Test Reports) or other content of the website as the sole criterion in taking decisions or actions that may influence your financial position, but to exercise your own skill and judgment in placing reliance on the information and to consult an expert or professional where necessary.
You will not use the DARLING MOTORCYCLE WORKS Website, the Service/s or the Website Data for any purpose that is unlawful or contrary to these Terms.
Intellectual Property Rights
General - All intellectual property rights not expressly granted are reserved and are protected from infringement by local and international legislation and treaties. The content of the DARLING MOTORCYCLE WORKS Website is provided solely for your private, individual use and you agree not to copy, reproduce, transmit, distribute, sell, publish, broadcast or in any other way disseminate the content or any part thereof. To obtain permission for the commercial use of any of the content on the DARLING MOTORCYCLE WORKS Website, please contact us using the Contact Details.
Copyright - Copyright of the content of the DARLING MOTORCYCLE WORKS Website and the databases and data accessible through the DARLING MOTORCYCLE WORKS Website, including without limitation all software, databases, text, graphics, icons, hyperlinks, designs and pricing information, vests exclusively in DARLING MOTORCYCLE WORKS And/or are licensed to complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website; You may download, view and print content from the DARLING MOTORCYCLE WORKS Website for private and non-commercial purposes only.
Trademarks - The trademarks, names, logos and service marks displayed on the DARLING MOTORCYCLE WORKS Website are the registered and unregistered trademarks of DARLING MOTORCYCLE WORKS And/or its Affiliated Companies. Nothing contained on the DARLING MOTORCYCLE WORKS Website should be construed as granting you any license or right to use any trademark without the prior written permission by complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website;
Use of Hypertext Links, Framing, Spiders and Crawlers
Hypertext links to external websites - These may be provided for your convenience. Such websites are, however, beyond the control of DARLING MOTORCYCLE WORKS and DARLING MOTORCYCLE WORKS Does not endorse, approve of or make any representation regarding the content and any advice, opinions, products and services offered via such websites. Use or reliance on any external links is at your own risk. When visiting external websites please refer to such sites' terms and conditions of use.
Disclaimer
No warranties - While DARLING MOTORCYCLE WORKS Makes every reasonable effort to ensure that the Website is available 24/7 and that the Website Data and other information we make available to you via the DARLING MOTORCYCLE WORKS Website is reliable, complete and up-to-date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up-to-date, the DARLING MOTORCYCLE WORKS Website and all its content, together with the Services, are provided as is. Save as set out in these Terms, DARLING MOTORCYCLE WORKS Makes no representations and provides no warranties or guarantees of whatever nature regarding the DARLING MOTORCYCLE WORKS Website, its availability, content and/or the Services. DARLING MOTORCYCLE WORKS Does not warrant or guarantee -
The accuracy, completeness, validity, timeliness or reliability of the Website Data or its fitness for use in any jurisdiction; or
The error free use, secure use and/or availability of the DARLING MOTORCYCLE WORKS Website.
Own reliance - Your use of the DARLING MOTORCYCLE WORKS Website and your use of and reliance on Website Data or any part thereof is at your own risk. You remain solely responsible for your instructions, the use of your password, and the lawfulness and soundness of any decision you make or action you take because of your use of the DARLING MOTORCYCLE WORKS Website, the Services and the Website Data. You also remain responsible for ensuring adequate protection and back-up of data and for taking reasonable and appropriate precautions against viruses and other malicious programs.
Indemnity - Without prejudice to any of the rights of DARLING MOTORCYCLE WORKS at law or under these Terms, you will have no claim against and hereby indemnify complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website; their directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which DARLING MOTORCYCLE WORKS Or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the DARLING MOTORCYCLE WORKS Website, including without limitation:
any breach by you of these Terms, including your use of the DARLING MOTORCYCLE WORKS Website for any purpose that is unlawful under South African law, International law or the law of any jurisdiction applicable to you;
Any action taken by DARLING MOTORCYCLE WORKS Pursuant to your instructions or instructions that purport to emanate from you in the manner described above;
any loss of business, profits, opportunity and/or data; and
any action taken, or decision made by you in reliance on the Website Data.
DARLING MOTORCYCLE WORKS Will not be liable to you or any third party and you hereby waive whatever claims you may have against complies with and performs in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS Website; their directors, employees, agents, representatives or Affiliated Companies for any expense, loss or damage of whatever nature that you may suffer or sustain because of or arising from:
any errors, omissions or corruption of information including any errors that may occur because of changes in applicable legislation and/or any inaccuracy or error occurring in respect of your offer or any Registration or Application Form;
any unavailability of the DARLING MOTORCYCLE WORKS Website or Services for whatever reason, including the failure or delay by any third-party service providers to render any service necessary to ensure the availability of the DARLING MOTORCYCLE WORKS Website;
any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;
Any unauthorized access by third parties to the DARLING MOTORCYCLE WORKS Website or Website Data or the interception of communications between us;
any failure, errors or delay in receiving or acting on your Instructions or stopping or cancelling any transaction;
any failure, errors or delay in making available or transmitting Registration Confirmations or Contract Conclusion Confirmations to you.
You acknowledge and agree that DARLING MOTORCYCLE WORKS provides this Portal for free and the Value-Added Services at a nominal fee in reliance upon this Disclaimer and that the provisions of this Disclaimer are material to the agreement between us and will survive the termination of these Terms for whatever reason.
Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the DARLING MOTORCYCLE WORKS Customer Relations Department, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Subject to the foregoing, you hereby consent to the jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with these Terms, or any matter related to or in connection therewith.
General Legal Terms
These Terms (including any document such as the Registration Form, the Financing Terms and Conditions, the Financing Arrangement, the Insurance Terms and Conditions and the Insurance Polices referred to and incorporated herein by reference) constitute the sole record of the agreement between you and DARLING MOTORCYCLE WORKS in relation to the subject matter hereof. Neither you nor DARLING MOTORCYCLE WORKS Shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and DARLING MOTORCYCLE WORKS in respect of the subject matter hereof. No indulgence or extension of time which either you or DARLING MOTORCYCLE WORKS May grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
You are not entitled to cede, assign and delegate any of your rights or obligations, in terms of these Terms to any third party without the prior written consent or comply with and perform in accordance with the specifications detailed on the DARLING MOTORCYCLE WORKS website
All provisions of these Terms are, notwithstanding the way they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-scrip to and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should DARLING MOTORCYCLE WORKS be prevented from fulfilling any of its obligations to you because of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as DARLING MOTORCYCLE WORKS is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. If force majeure continues for more than fourteen days after it has first occurred, then DARLING MOTORCYCLE WORKS Shall be entitled (but not obliged) to terminate all its rights and obligations in terms of or arising out of these terms by giving notice to you. An event of force majeure shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, virus attacks, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
All prices are quoted inclusive of VAT at 15%.
*Amounts invoiced as Registration & Licensing fees are for services performed by DARLING MOTORCYCLE WORKS On behalf of the client in registering and licensing the Motorcycle within the municipal area of the DARLING MOTORCYCLE WORKS Performing the service. Should DARLING MOTORCYCLE WORKS Agree to undertake the registration and licensing of the Motorcycle outside of this area, the additional costs incurred by DARLING MOTORCYCLE WORKS in this regard shall be for the client's account. The pricing quoted above includes - where applicable - all government fees and service fees.
I ACKNOWLEDGE, CONFIRM AND AGREE THAT:
THE RIGHT OF EQUALITY
I am satisfied that you will not unfairly discriminate against me on any grounds whatsoever or unfairly treat me in a different manner than the way you treat any other customer.
THE RIGHT TO PRIVACY
I may: I. refuse to accept,
ii. inform you in writing to discontinue, or
iii. register a pre-emptive block with the Administrator of the Registry for Direct Marketing against any direct marketing communication from you.
I have been informed that I can obtain any information regarding the Registry for Direct Marketing from the National Consumer Commission (NCC Call share number: 0860 266 786).
THE RIGHT TO CHOOSE
Nothing on this site constitutes a fixed term contract.
I will take delivery of the goods at your business premises unless otherwise agreed to in writing between us.
Any dates given for delivery and availability are estimates only and no exact delivery date or time has been agreed and that you are not able to promise any date or time.
RIGHT TO DISCLOSURE AND INFORMATION
I agree that the purchase price displayed on the site excludes the agreed delivery costs and any accessories or value-added products and that I will be liable to pay the agreed delivery costs and the purchase price contained in a signed Offer to Purchase for the accessories and / or value-added products as is noted on the transaction schedule of the Offer to Purchase.
I understand that new Motorcycles could be imported, in which event the purchase price contained on this site is subject to exchange rate fluctuations and periodic price increases by the international Manufacturer. I confirm that my right to be informed of any price increases prior to delivery and my right to cancel this agreement without pen if I do not want to accept such price increase has expressly been brought under my attention.
If the goods are subject to any manufacturer’s warranty, such warranty will run concurrently with any other statutory warranty applicable to the goods.
Any warranty applicable to the goods does not apply to ordinary wear and tear having regard to the circumstance for which the goods are intended to be ordinarily used.
I have an obligation to read the Manufacturer’s warranty (if applicable), the Owner’s manual, the service and/or maintenance booklets (if applicable) pertaining to the goods to ensure that I know exactly how and how not to use the goods and accessories fitted to the goods (where applicable)
THE RIGHT TO BE HEARD AND OBTAIN REDRESS
In the event of a complaint by me, or a dispute arising between us, as to the subject matter of this website, or the interpretation hereof, I shall inform you in writing of the exact extend and nature of the complaint or dispute where after we will attempt to resolve the matter within 7 (seven) business days, failing which, any one of us can refer the matter to the relevant accredited Ombud of the Motor Industry.
Notwithstanding the contents of clauses above, either party has the right to approach a competent court for redress.

 
 
 
 
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