General conditions

GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY FOR SECOND-HAND VEHICLES

1. Applicable provisions

The sales agreement is governed by law, by the special provisions on the front and by these general terms and conditions, including the description of the vehicle.

Any document or form of advertising originating from the seller and relating to the vehicle that is the subject of this order form is binding on the seller.

2. Financing

If the buyer requests financing, this will be stated on the order form. If financing is not obtained, the purchase will be deemed not to have existed and the buyer will be entitled to reimbursement of any advance payment under the following conditions:

a. the buyer must inform the seller by registered letter within 7 days of signing the order form of the refusal of financing;

b. written proof of this refusal will be sent to the seller within one month of signing the order form.

In that case, the advance payment will be refunded to the buyer without delay and at the latest within 14 working days. If the proof is not provided within the above-mentioned period, the seller is entitled to the compensation provided for in article 3.4 below.

3. Delivery date

3.1. The seller must state the final delivery date on the order form. In the absence of this date, the seller delivers the vehicle by transferring physical possession or control of the vehicle to the buyer without delay, but in any case no later than 30 days after the conclusion of the agreement.

3.2. Except in the event of force majeure, if the seller does not deliver the vehicle on the agreed date, the buyer has the right to:

a. when the delivery date is essential for the buyer and is included as such in the sales agreement, to terminate the agreement without delay;

b. in other cases, to propose a new delivery period adapted to the circumstances and, if the vehicle has not been delivered by the end of this new period, to terminate the agreement without delay;

In the event of cancellation of the sale, the seller will reimburse the amounts paid by the buyer under the agreement without delay and at the latest within 14 working days after the termination of the agreement.

3.3. Except in the event of force majeure, if the buyer refuses to accept the vehicle on this date against full payment, the seller will put the buyer in default with the request to fulfil his obligations within ten days from the sending of this letter. In the absence of payment, the buyer may

by registered letter either demand the execution of the agreement or consider the agreement as terminated immediately and automatically.

3.4. In the event of termination of the sale, the injured party will be entitled to a fixed compensation of 10% of the agreed price, excluding VAT, with a minimum of €250. From the moment of notification of the termination of the sale, the seller may dispose of the vehicle for the benefit of a third party and the buyer may turn to another seller.

4. Place of delivery

The delivery of the vehicle takes place at the seller's registered office, unless otherwise agreed in writing

5. Legal guarantee

5.1. If the buyer is a natural person acting for purposes that do not fall within the framework of his professional or commercial activity, Articles 1649bis et seq. of the old Civil Code grant him specific legal rights that protect him against a lack of conformity.

The seller named on the purchase order is solely responsible for this legal guarantee.

5.2. The seller guarantees the buyer that the vehicle is in conformity with the sales contract

Before signing the purchase order, the seller will review with the buyer the history of the mileage and the other elements of information, which appear on the CAR-PASS document, which are also included in his advertisement or displayed in his showroom. Upon delivery of the vehicle, the seller hands over the CAR-PASS document issued by the vehicle inspection station to the buyer.

5.3. A defect is deemed not to exist if, at the time of conclusion of the agreement, the buyer has been expressly informed of this defect and has expressly and separately accepted it.

5.4. The parties expressly agree that the seller's intervention under this guarantee is limited to twelve months from delivery, unless a written provision is included on the front of the order form granting the buyer a longer period for the application of the legal guarantee.

For any defect that manifests itself during the period of application of the legal guarantee, the repair or replacement of the vehicle is covered as follows: the buyer has the right to demand from the seller the repair or replacement of the vehicle, in both cases free of charge, unless the chosen form of remedy is impossible or entails costs that are disproportionate to all the circumstances, in particular the value of the vehicle if it were not affected by the defect, the importance of the defect and the possibility of choosing the other form of remedy without major inconvenience to the consumer.

The buyer may demand a proportionate reduction in the price or a cancellation of the sale,

• if he cannot obtain repair or replacement of the vehicle, or;

• if the seriousness of the defect justifies it, or;

• if the seller has not carried out the repair or replacement within a reasonable period or without serious inconvenience to the buyer,

• if the seller has declared, or it is clear from the circumstances, that he will not repair or replace the vehicle in order to bring it into compliance with the regulations within a reasonable period or without serious inconvenience to the buyer, or;

• if the lack of conformity is apparent despite the seller's attempt to bring it into compliance. However, the buyer may not request cancellation of the sale if the defect is minor. In all cases, any refund to the buyer will be reduced to take into account the use of the vehicle since its delivery.

Any defect that comes to light during the period of application of the legal guarantee is deemed to have already existed at the time of delivery, unless the seller can prove otherwise.

5.5. Any repair or replacement must be carried out free of charge within a reasonable period and without serious inconvenience to the buyer.

5.6. The work carried out under the legal guarantee must be carried out in the seller's workshop or in a workshop appointed by him. With the prior written consent of the seller, the buyer may have the repair carried out in another workshop.

5.7. The buyer retains the protection of the legal guarantee even if he has the vehicle serviced or repaired in accordance with the instructions of the car manufacturer outside the network of repairers approved by that car manufacturer.

5.8. The legal guarantee does not cover maintenance, adjustments, tightening and other preparations necessary for normal use of the vehicle.

The legal guarantee does not cover normal wear and tear of the vehicle. The guarantee cannot be invoked by the buyer if the defect is due to abnormal use of the vehicle, negligence, or a lack of maintenance or poor maintenance by the buyer, nor if the vehicle has been converted or used - unless expressly specified on the order form by the buyer and accepted by the seller - in competitions or rallies, nor if it has been used as a taxi service or for the delivery of mail or express shipments. The seller's legal guarantee intervention depends on the vehicle being used as a good family man and on respecting the manufacturer's instructions for use.

5.9. The buyer who wishes to invoke the legal guarantee must, by law, inform the seller of this within two months of discovering the defects. However, it is advisable to inform him as soon as possible.

5.10. The buyer undertakes to do what is necessary to prevent the damage from getting worse, if necessary by not using the vehicle. In the event of failure to do so, this worsening will be taken into account in determining the degree of intervention by the seller.

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

5.12. After the expiry of the legal guarantee according to articles 1649a et seq. of the Civil Code, the buyer is still protected by the guarantee for hidden defects of articles 1641 et seq. of the Civil Code. The seller cannot exempt himself from hidden defects

6. Commercial warranty

When a commercial warranty from the seller and/or the manufacturer applies, this will be indicated on the purchase order. When a commercial warranty from the seller applies, it is expressly agreed between the parties that the acceptance of work under the commercial warranty is limited to the duration and the elements determined by the parties. The legal rights of the buyer mentioned above remain unaffected, regardless of the commercial warranty. Any commercial warranty conditions added to the purchase order form an integral part of the contract. The seller's commercial warranty is concluded solely for the benefit of the buyer and is not transferable.

7. Repairs not covered by a warranty

Repairs that are the responsibility of the buyer must be the subject of a detailed specification that is handed over to the buyer. If the preparation of this estimate is subject to payment, this amount will be refunded to the buyer if the latter has his vehicle repaired by the seller.

The estimate shall include at least the following information: the name and/or trade name of the seller, his address and his company number, the date, the period of validity, the mileage of the vehicle, the description and duration of the work to be carried out and the costs associated with the hourly rate and the parts. The invoice shall include the same information as the estimate, with the exception of the period of validity.

8. Transfer of ownership and risk

8.1. The transfer of ownership shall take place at the time of full payment of the price.

8.2. The risk of loss or damage to the vehicle shall be transferred to the buyer as soon as he or a person designated by him, who is not the carrier, takes physical possession of the vehicle. When the agreement provides for the shipment of the vehicle, the risk of loss or damage to the vehicle is transferred to the buyer at the time of its delivery to the carrier charged by the buyer with the transport and insofar as the choice of this carrier was not offered by the company.

9. Payment

The agreed sales price is not subject to revision.

The seller may not demand an advance payment of more than 15% of the sales price of the vehicle.

Unless expressly agreed otherwise, the buyer must have paid the full price or the balance before the delivery date in order to take possession of the vehicle. The full price or the balance must be paid in cash at the time of delivery, unless expressly agreed otherwise. The seller may retain this until the price has been paid in full. If the buyer fails to make payment on the due date, the seller will send a notice of default by registered letter. In the absence of payment within 14 calendar days (starting from the third working day following the sending of this notice of default), the seller may cancel the sale by means of a registered letter addressed to the buyer. Any amount that has not been paid after the expiry of this period will bear interest from that date at the interest rate determined in Article XIX.4 of the Code of Economic Law. If the unpaid amount is higher than 500 euros, the buyer will also owe a fixed penalty of 65.00 euros, increased by 5% of the amount above 500 euros, with a maximum of 2000 euros.

10. Takeover of a vehicle

If the order form mentions the takeover of a vehicle belonging to the buyer, the takeover is dependent on the delivery of the vehicle that is the subject of the current sale, as well as on proof that the buyer is the owner of the vehicle to be taken over and can freely dispose of it. The buyer must also demonstrate that all obligations relating to any financing have been fulfilled and that the vehicle is not subject to any form of seizure.

The value of the vehicle to be taken over, agreed upon when ordering the vehicle that is the subject of the current agreement, is final insofar as the condition of the vehicle at the time of delivery by the buyer corresponds to the description thereof stated on the order form or on a document that forms an integral part of this order form. The depreciation of the car vehicle to be taken over as a result of a delay in delivery of the car vehicle that has been sold to the consumer, is for the account of the seller.

11. Disputes

In the event of a dispute, the seller and the buyer undertake to do everything in their power to reach an amicable settlement. If they cannot find a solution between themselves, the dispute can be submitted, without prejudice to the legal proceedings, to the AUTOMOTO Conciliation Commission set up by

the organisations that developed this agreement.

The headquarters of the AUTOMOTO Conciliation Commission and its secretariat are located at:

Jules Bordetlaan 164 - 1140 Brussels

Tel: 02/778.62.47

Fax: 02/778.62.22

e-mail: info@verzoeningautomoto.be

All regulations, forms and documents are available on the Commission's website (www.verzoeningautomoto.be). They can also be provided on paper or on another durable medium.

12. Competent courts

The courts determined by Article 624, 1°, 2° and 4° of the Judicial Code shall have jurisdiction to deal with disputes arising from the interpretation or execution of this agreement, without prejudice to the application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

13. Personal data

The Seller is responsible for the processing of the personal data provided by customers and prospects (name, first name, gender, postal address, e-mail, landline or mobile phone) for purposes such as communicating offers and executing contracts and marketing activities. He retains

this data for seven years. Customers and prospects have the right to access and correct their data. For additional information, please consult his ‘data privacy statement’ available on his website or on a durable medium upon request.

14. Contact details for questions or complaints

All questions or complaints regarding this agreement can be addressed to:

Dirk Verschueren

Mechelsesteenweg 521 2830 Willebroek

Tel: 03/886 43 16

E-mail: info@autosverschueren.be

The vehicle sold was subjected to a thorough inspection concerning 113 points included in the description of the vehicle. This document on the back is an integral part of the sales agreement. The seller undertakes to deliver the vehicle in a condition that corresponds to this description.

The buyer acknowledges having read the general terms and conditions and accepting them.