Sell Car - Dealer OffersTerms and Conditions

1. Acceptance

By accessing, browsing, or using the Platform, you agree to be bound by these Terms and Conditions and any terms incorporated into them. If you do not agree, please do not access or use the Platform. Where applicable, your express acceptance through a registration, continuous use, click-through or other electronic acceptance mechanism will also constitute acceptance of these Terms and Conditions.

2. Definitions

Unless otherwise defined in these Terms and Conditions, any term used in these Terms and Conditions with an initial capital letter(s) will have the same meaning ascribed to it in the Principal Terms. For these Terms and Conditions:

“Seller”/ “you” means any individual or entity who submits, lists, or otherwise offers a vehicle for sale through the Platform pursuant to these Terms and Conditions, on their own behalf or as duly authorised in writing by the vehicle's legal owner.

“Buyer” means any individual, car dealer or entity that expresses interest in, submits an offer for, or purchases a vehicle listed or made available for sale by a Seller through the Platform, whether directly or through any channel to which the vehicle is subsequently distributed.

"Platform" means Autochek's website, online platform, software, application, tools, interfaces, and other digital features made available by Autochek through which a Seller may submit a car for sale under these Terms and Conditions, and through which the car may subsequently be listed and made available to Buyers.

"Prohibited Car" means a car that falls within any of the following categories, and which must not be submitted, listed, or offered for sale through the Platform under any circumstances:

1. stolen cars, or cars reasonably suspected to be stolen;
2. cars with a cloned, altered, falsified, removed, or otherwise tampered VIN, chassis number, engine number, plate number, or registration documentation;
3. cars with tampered, altered, disconnected, reset, or otherwise falsified odometers or mileage records, or where the Seller knows that the stated mileage is inaccurate or misleading;
4. cars subject to an active court order, police hold, law enforcement seizure, legal prohibition, ownership dispute, or other legal restriction that prevents or restricts their lawful sale;
5. cars with material structural, mechanical, electrical, technical or safety-system damage that renders them unsafe, unsuitable for use or incapable of being used;
6. cars with falsified, forged, altered, or misleading title, ownership, registration, importation, or other car documentation;
7. cars subject to an outstanding loan, lien, encumbrance, or registered security interest where the Seller does not have the legal right or authority to offer the car for sale; and
8. cars containing material alterations, modifications, or undisclosed conditions that make the car materially different from the car represented in the listing, or that otherwise make the listing false, misleading, or deceptive.

3. Car Submission

You may submit details and photographs of your car through the Platform for listing to potential Buyers. Submission of a car does not guarantee that the car will be listed, assessed, distributed to Dealers, receive any offer, or be sold.

4. Contact and Initial Assessment

After submission, an Autochek representative may contact you within a reasonable period to discuss your requirements, obtain additional information or documentation, and guide you through the applicable process.

5. Physical Inspection

Before your car is listed or made available to Buyers for offers, you may be required to make the car available for a physical inspection by Autochek for listing purposes, and again before a sale is concluded where requested by Buyers. You agree to provide reasonable access to the car and any information or documentation required for the inspection. With respect to the inspection, please note the following:

1. Autochek may charge a non-refundable inspection fee as a condition for the Service. Where applicable, the inspection fee will be communicated to you before the inspection is scheduled, and your acceptance is required before the inspection proceeds. The inspection fee is payable and non-refundable regardless of whether the car passes inspection or is subsequently sold.
2. The inspection is conducted by Autochek solely to identify the observable condition and key features of your car for the purpose of listing it on the Platform. The inspection, and any report or output produced from it (an "Inspection Report"), does not constitute, and must not be relied on or presented as a warranty, guarantee, endorsement, or certification by Autochek as to the condition, quality, value, roadworthiness, fitness for purpose, or legal status of your car, and does not relieve you of your disclosure obligations under these Terms and Conditions or the Principal Terms.
3. You are not allowed to present or quote the Inspection Report, in whole or in part, as a representation, or as a basis for telling or implying to a Buyer that the Buyer does not need to carry out its own inspection or due diligence on the car. The Inspection Report is not a substitute for a Buyer's own assessment of the car.
4. If Autochek provides you with a copy of the Inspection Report (if applicable), it is your responsibility to review its contents. If you disagree with any finding recorded in the Inspection Report, you must notify Autochek promptly so that the matter can be reviewed; Autochek is under no obligation to amend the Inspection Report or your listing except as it considers appropriate. However, you have the right to request a delisting of the car before any engagement with a prospective Buyer.
5. Autochek and its appointed inspection agents, employees, officers, and contractors (the "Inspection Parties") shall not be liable to you for: (i) any inaccuracy, incompleteness, or error in the Inspection Report, whether arising from human error, systemic limitations, or any other cause; (ii) any defect, fault, or condition not apparent or reasonably discoverable during the inspection, including any latent or concealed defect requiring a more intrusive or specialist assessment; or (iii) any delay in, or inability to complete, the inspection.

6. Car Listing

Where a car is accepted for listing, Autochek may make it available to potential Buyers for review and offers. Listing a car does not guarantee that it will receive any offer or be sold, and Autochek may subsequently suspend or remove the listing where any concern or dispute arises regarding the car or the proposed transaction.

7. Autochek’s Right to Decline or Withdraw

Autochek reserves the right, in its sole discretion and without any liability, to decline to accept, list, distribute, suspend, amend, or withdraw any car submission or listing where, in its discretion, the car, the information provided, or the proposed transaction does not meet Autochek’s applicable quality, accuracy, eligibility, or other qualification criteria, or where Autochek reasonably considers that doing so is necessary or appropriate. This includes where:

1. the car is not reasonably considered merchantable or has any material defect, condition, discrepancy, or other issue, which in Autochek’s reasonable opinion, may give rise to a dispute, adverse claim, liability, or other risk to Autochek;
2. any information or documentation appears inaccurate, misleading, incomplete, fraudulent, or otherwise unreliable;
3. the car is a Prohibited Car or its sale or transfer may be unlawful;
4. an inspection or verification identifies an unresolved concern relating to the car, its ownership, title, documentation, condition, or history;
5. you fail to provide required information or reasonably cooperate with the inspection or selling process; or
6. Autochek reasonably considers that declining, suspending, amending, or withdrawing the car is necessary for legal, regulatory, safety, fraud prevention, reputational, financial, operational, or other legitimate reasons, including where listing or facilitating the sale may expose Autochek to undue risk or make the car unsuitable or unviable for the Platform.

8. Seller representations and warranties

By submitting a car, you represent and warrant, at the time of submission for listing and on each occasion the car is presented to a prospective Buyer that:

1. you are the legal owner or are duly authorised in writing by the legal owner to offer the car for sale;
2. you have full legal capacity and authority to sell or transfer the car;
3. the car is free from any undisclosed mortgage, charge, encumbrance, lien, hire-purchase, security interest, court order, or other restriction that would prevent a transfer of good title;
4. all applicable customs duties, import levies, road taxes, and registration fees have been paid in full, and any outstanding amount has been fully disclosed to the Buyer;
5. there is no pending or threatened claim, dispute, litigation, police, judicial, or regulatory investigation, or legal proceeding affecting the car, its title, or your authority to sell it; and
6. all information, photographs, and documents you provide are accurate, complete, genuine, and not misleading. If any representation ceases to be accurate after submission, you must notify Autochek immediately.

9. Seller Obligations

10. Offers and Sale

Autochek may facilitate communications between you and interested Buyers and assist with the offer and sale process on a facilitation basis only. You are responsible for reviewing and considering any offer and for negotiating and agreeing the final sale price and transaction terms. No sale shall be deemed concluded unless and until you and the Buyer have agreed to the transaction and completed any required documentation or other applicable formalities.

11. Facilitation Commission

1. Upon successful completion of a sale through the Platform, a non-refundable commission or other facilitation fee may be charged by Autochek. The applicable commission or fee will be communicated to you before listing. Autochek reserves the right to update the commission rate for new submissions and will communicate any change before it takes effect. You acknowledge and agree that any commission or facilitation fee paid to Autochek is consideration solely for the facilitation of the transaction and is separate from, and does not form part of, the purchase price or other consideration payable between the Seller and the Buyer. The commission is a genuine commercial fee payable to Autochek for its Services and, once earned and paid, is non-refundable under any circumstances.
2. Any dispute arising between the Seller and the Buyer in connection with the car or their transaction shall not affect Autochek’s entitlement to, or right to retain any commission or facilitation fee properly earned or payable to it. To the fullest extent permitted by applicable law, Autochek shall have no liability or obligation to refund, reimburse, set off, or otherwise account for any commission or facilitation fee solely because of any dispute, cancellation, default, fraud, misrepresentation, investigation, or other claim arising between the Seller and the Buyer or any third party, unless such liability arises from Autochek’s own acts or omissions.

12. Process Changes

Autochek reserves the right to reasonably modify the Platform or the process, including the applicable steps, timelines, inspection requirements, qualification criteria, and listing process, where necessary to reflect operational, commercial, legal, regulatory, or other relevant considerations.

13. Valuations and offers

Any valuation, indicative offer, or price estimate communicated through the Platform is indicative only and not binding on any party. The final sale price is agreed between you and the relevant Buyer through the facilitated offer process. You are not obligated to accept any offer. Autochek does not determine, fix, or underwrite the price of your car and accepts no liability for any difference between any indicative valuation and the price agreed or received.

14. Transfer, Registration and Security Interests

Upon the conclusion of the sale of your car, you agree to cooperate fully and promptly with the Buyer in connection with any registration, transfer of ownership, or noting or registration of any lien or security interest relating to the car. You undertake to provide all documents, information, consents, and other assistance reasonably required to complete the applicable formalities.

15. Tax and transfer obligations

You are solely responsible for all applicable taxes, duties, registration or transfer fees, and other charges arising from or in connection with the sale or transfer of the car, including any applicable capital gains or income taxes. Autochek is not responsible for advising on, calculating, or remitting any such taxes or charges on behalf of you or the Buyer.

16. Autochek's limited role

Autochek provides the Platform as a facilitation product. We do not act as owner, Buyer, Seller, valuer, guarantor, auctioneer, or agent of any party unless expressly agreed otherwise in writing. Autochek shall not be responsible for: (a) any inaccuracy, misrepresentation, or omission in information provided by a Seller; (b) any dispute, loss, defect, damage, non-payment, or failure to complete any transaction between the parties; (c) any difference between an indicative valuation and the price agreed or received; (d) any failure by a Seller to transfer good title; (e) any undisclosed encumbrance, liability, or restriction affecting the car; (f) any failure to complete registration or transfer formalities; or (g) any delay in the selling process.

17. Indemnity

18. Consent to the collection and use of information

By providing or submitting any information, documents, or other materials through to Autochek, you consent to Autochek collecting, accessing, storing, using, and processing such information for purposes connected with your use of the Platform. This includes processing your information to create and manage your account, provide and facilitate the car sale, process and verify requests, and facilitate or complete transactions involving the listing or sale of a car through the Platform. Your information will be handled in accordance with Autochek's Privacy Policy at www.autochek.africa/privacy.

19. Breach and Consequences

Any breach of these Terms and Conditions may result in the immediate withdrawal or removal of the car listing, suspension or termination of your account or access to the Platform, and the forfeiture of any applicable inspection fee already paid. Autochek may also report suspected fraudulent, unlawful, or criminal conduct to the appropriate authorities and pursue any other rights or legal remedies available to it under these Terms and Conditions, the Principal Terms, or applicable law.

20. Compliance with Laws

You warrant and undertake that you will comply with all applicable laws in connection with your use of the Platform and the sale of any car, including applicable criminal laws, anti-money laundering and counter-terrorist financing laws, anti-bribery and corruption laws, etc. Without limitation, you undertake not to use the Platform to sell a car, or to receive, transfer, or deal with any payment, that constitutes or represents the proceeds of crime or any unlawful activity, and not to offer, give, solicit, or accept any bribe or other improper inducement to or from Autochek in connection with a sale. Autochek reserves the right to request information or documentation reasonably necessary to verify your compliance with this clause, to suspend or terminate your account, decline or reverse a transaction, and report the matter to the relevant authorities, where it reasonably suspects a breach of this clause.

21. Review and Amendment of the Terms

Autochek may, at its sole discretion, review, amend, update, modify, supplement, or otherwise change these Terms and Conditions from time to time to reflect changes on the Website, Services, business operations, technology, legal or regulatory requirements, or for any other legitimate purpose. Any amendments will take effect from the date they are published on the Platform. Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the amended Terms and Conditions.