Weelee (Pty) Ltd (“Weelee”) offers vehicles to customers looking to purchase a vehicle. The vehicles sold by Weelee are all used vehicles which vary from nearly new to well-used. The mileage, wear and tear, mechanical defects/faults, service history, and general condition of the vehicles on display are vehicle dependant. Weelee does not warrant or guarantee the condition of vehicles sold and does not bear any responsibility or liability for any repairs required, or road-worthy certificates pertaining to the vehicle purchased, except where specifically stated in writing in the offer to purchase. Each customer is required to inspect the vehicle prior to purchase and is responsible for ensuring the vehicle is suitable for its intended purpose.
To assist our customers to find the right vehicle, Weelee have divided the vehicles offered into three classes based on an independent DEKRA Condition Certificate obtained by Weelee prior to placing the vehicle up for sale. These classes are namely Platinum Class Vehicles, Gold Class Vehicles, and Green Class Vehicles. The DEKRA Condition Certificate, the vehicle classes, and their associated meanings for the purposes of these terms and conditions, are set out below.
1.1. The DEKRA Condition Certificate is a comprehensive certificate issued by DEKRA, an independent vehicle inspection organisation, which is a comprehensive digitalised and image rich report that reports on the technical status of a vehicle completed by an independent DEKRA Examiner.
1.2. Weelee has obtained the DEKRA Condition Certificate prior to placing the vehicle on sale.
1.3. Based on the specific condition of the vehicle as described in the DEKRA Condition Certificate, the vehicle is then classed either Platinum, Gold, or Green to assist purchasers in assessing which class of vehicle is most suited to their needs. The associated meanings of each class are set out below.
1.4. The DEKRA Condition Certificate sets out the vehicle’s technical status, and in terms of the mechanical aspects, reflects error codes to denote the specific mechanical condition. Weelee has created a document setting out what each error code means to aid in purchaser’s understanding of the vehicle’s specific condition as set out in the DEKRA Condition Certificate that accompanies the vehicle.
1.5. The document per clause 1.4 can be obtained from Weelee staff at the branch. This document may be amended from time to time without notice to purchasers. It is the duty of the purchaser to ensure that they have the latest version of the document in their possession.
2.1. These are used vehicles, which have varying levels of wear and tear and mileage, as more specifically set out in the DEKRA Condition Certificate, have passed a roadworthy test and are accompanied by a roadworthy certificate.
2.2. In spite of clause 2.1, these vehicles may have mechanical problems with the engine and gearbox, and may require servicing, mechanical checks, repair work, and reconditioning work to be carried out on them despite being roadworthy. Accordingly, Weelee does not warrant nor guarantee that the vehicle is in good working order or mechanical condition. The potential mechanical defects mentioned herein are not an exhaustive list.
2.3. In respect of the Platinum Class Vehicles, it is important to note that the DEKRA Condition Certificate sets out the specific condition of the vehicle and details both cosmetic and mechanical aspects of the vehicle.
2.4. The service records of the vehicle may be incomplete. Weelee has not verified these records, nor does it bear any responsibility in regard to same.
2.5. In light of the above, the following is compulsory and/or recommended by Weelee in terms of these vehicles:
2.5.1. A warranty product can be bought for Platinum Class Vehicles. Weelee is able to assist with such products and customers may enquire about these products from Weelee.
2.5.2. Depending on the vehicle’s service history and maintenance plan, it is recommended that if the vehicle is due for a service, the purchaser schedules a service immediately after taking delivery of the vehicle.
2.6. The purchaser is obliged to familiarise themselves with the terms and conditions applicable to the warranty taken out by them, whether through Weelee or a third party.
2.7. Platinum Class Vehicles may be financed. The applicable terms and conditions are contained in clause 7 below.
2.8. Purchasers are recommended by Weelee to test drive the vehicle, and are required to thoroughly inspect, and have due regard to the DEKRA Condition Certificate of Platinum Class Vehicles prior to the purchase and sale of such vehicle in order to ensure that the purchaser is aware of the vehicle’s condition and specifications, and that it is suited for its intended purpose.
3.1. These vehicles are used vehicles which have varying levels of wear and tear and mileage, as more specifically set out in the DEKRA Condition Certificate. Gold Class Vehicles have not undergone or passed a roadworthy test. Despite the Condition Certificate, compiled at the time of an inspection, not containing any items which would impede the vehicle from passing a roadworthy test, obtaining a roadworthy certificate is solely the purchaser’s responsibility. To assist the purchaser, a DEKRA voucher for the costs of the roadworthy test will be provided to the purchaser by Weelee. Weelee bears no liability or responsibility in regards to obtaining the roadworthy certificate.
3.2. In spite of clause 3.1, these vehicles may have mechanical problems with the engine and gearbox and may require servicing, mechanical checks, repair work, and reconditioning work to be carried out on them even after the roadworthy test. Accordingly, Weelee does not warrant nor guarantee that the vehicle is in good working order or mechanical condition. The potential mechanical defects mentioned herein are not an exhaustive list.
3.3. In respect of the Gold Class Vehicles, it is important to note that the DEKRA Condition Certificate sets out the specific condition of the vehicle and details both cosmetic and mechanical aspects of the vehicle.
3.4. The service records of the vehicle may be incomplete. Weelee has not verified these records, nor does it bear any responsibility in regard to same.
3.5. In light of the above, the following is compulsory and/or recommended by Weelee in terms of these vehicles:
3.5.1. A warranty product can be bought for Gold Class Vehicles, once they have passed roadworthy. Weelee is able to assist with such products and customers may enquire about these products from Weelee.
3.5.2. Depending on the vehicle’s service history and maintenance plan, it is recommended that if the vehicle is due for a service, the purchaser schedules a service immediately after taking delivery of the vehicle.
3.6. The purchaser is obliged to familiarise themselves with the terms and conditions applicable to the warranty taken out by them, whether through Weelee or a third party.
3.7. Gold Class Vehicles may be financed, subject to having passed roadworthy tests. The applicable terms and conditions are contained in clause 7 below.
3.8. Purchasers are recommended by Weelee to test drive the vehicle, and are required to thoroughly inspect, and have due regard to the DEKRA Condition Certificate of Gold Class Vehicles prior to the purchase and sale of such vehicle in order to ensure that the purchaser is aware of the vehicle’s condition and specifications, and that it is suited for its intended purpose.
4.1. These are used vehicles which may have substantial mileage, wear and tear, little or no proof of service and maintenance history, may not be in good working condition. The DEKRA Condition Certificate may indicate that these vehicles have issues which would impede the obtaining of a roadworthy certificate and as such, the vehicles may require maintenance and repair work to be done before the vehicles are able to pass a roadworthy test. Green Class Vehicles have not undergone or passed a roadworthy test and getting the vehicle repaired and obtaining a roadworthy certificate is solely the purchaser’s responsibility. Weelee bears no liability or responsibility in this regard.
4.2. As Green Class Vehicles require maintenance and repair work to be completed before they are able to pass a roadworthy test, these vehicles cannot be driven until the necessary work has been completed and an independent roadworthy test conducted and passed.
4.3. Given the condition of Green Class Vehicles, these vehicles may require minor or major repairs, mechanical checks and/or repairs, servicing, and reconditioning.
4.4. In respect of Green Class Vehicles, it is important to note the following:
4.4.1. These vehicles may malfunction given their condition, particularly where the purchaser fails to perform the necessary repair work, service, and/or checks timeously or at all, or where it is carried out but not carried out in a proper and workmen like manner.
4.4.2. The DEKRA Condition Certificate sets out the specific condition of the vehicle and details both mechanical and cosmetic aspects of the vehicle.
4.4.3. The engine and gearbox of these vehicles may have mechanical problems and may require work as described in clause 4.3. The potential mechanical defects mentioned herein are not an exhaustive list.
4.4.4. The vehicles interior may have damage or exhibit signs of wear and tear that requires repair work.
4.4.5. Clauses 4.4.3 and 4.4.4 are not exhaustive, and reference must be had to the specific vehicle’s DEKRA Condition Certificate for a detailed breakdown of the specific vehicle’s condition prior to purchase.
4.5. The service records of the vehicle may be incomplete. Weelee has not verified these records, nor does it bear any responsibility in regard to same.
4.6. Green Class Vehicles are sold without any warranty whatsoever. Weelee does not warrant nor guarantee that the vehicle is in good working order or mechanical condition.
4.7. Weelee is not responsible or liable for any repair work or servicing of this class of vehicle. These costs are solely for the account of the purchaser.
4.8. Given the condition of Green Class Vehicles:
4.8.1. They cannot be financed through a financial institution; and
4.8.2. Warranty products cannot be purchased for these vehicles.
4.9. In light of the above, Weelee recommends the following in terms of these vehicles:
4.9.1. Depending on the vehicle’s service history, maintenance plan and DEKRA Condition Certificate, it is recommended that should the vehicle be due for a service, the purchaser schedules a service immediately after taking delivery of the vehicle.
4.9.2. The purchaser does not utilise the vehicle before it has undergone and passed a roadworthy test at an accredited certification centre.
4.10. Purchasers are recommended by Weelee to test drive the vehicle, and are required to thoroughly inspect, and have due regard to the DEKRA Condition Certificate of Green Class Vehicles prior to the purchase and sale of such vehicle in order to ensure that the purchaser is aware of the vehicle’s condition and specifications, and that it is suited for its intended purpose.
5.1. The vehicle being purchased is a used vehicle, not a new vehicle.
5.2. As the vehicle is used, it may have mechanical or other defects which would not be expected in a new vehicle.
5.3. The DEKRA Condition Certificate which accompanies the vehicle details the specific condition of the vehicle purchased at the date the certificate was obtained.
5.4. Vehicles purchased from Weelee, regardless of class, may have mechanical defects with the engine and gearbox and may require minor or major repairs, mechanical work and/or repairs, servicing and reconditioning. The potential mechanical defects mentioned herein are not an exhaustive list, reference must be had to the DEKRA Condition Certificate of the vehicle for a detailed list in this regard.
5.5. Weelee cannot warrant that the vehicle has not been damaged, in a collision or otherwise, and if so damaged, whether it was repaired to the manufacturer’s specifications and standards.
5.6. Weelee is not a manufacturer of vehicles, but a retailer of second-hand vehicles to customers. It cannot be reasonably expected by a purchaser that Weelee has discovered and/or is aware of, any and all unsafe characteristics, failures, or defects in the vehicles it markets and sells. Therefore, Weelee does not accept any liability in respect of any failure/defect/unsafe characteristic in the vehicle, or any consequential losses or damages sustained as a result of such failure/defect/unsafe characteristic.
5.7. The service records of the vehicle may be incomplete. Weelee has not verified these records, nor does it bear any responsibility in regard to same.
5.8. Weelee endeavours to provide accurate vehicle descriptions, however, Weelee does not accept any liability for any incorrect descriptions. This is due to the fact that the vehicles are used and their history incomplete or unknown to Weelee.
5.9. The odometer readings as displayed may be incorrect. Weelee does not warrant the readings accuracy or accept any liability for any incorrect readings. Weelee is not responsible for, nor can it be reasonably expected to, check if the odometer readings have been manipulated in anyway.
5.10. Items such as a spare wheel, tools, spare key, service book, and owner’s manual, will only be delivered with the vehicle where such items were received by Weelee when it purchased the vehicle for on sale. Weelee does not bear any responsibility to buy, replace, or refund purchasers for these items where they were not received by Weelee upon initial purchase of the vehicle.
5.11. All vehicles sold by Weelee are sold without any express or implied warranty, and Weelee does not warrant that:
5.11.1. The vehicle is free from any defects, mechanical or otherwise; and/or
5.11.2. The vehicle components meet the specifications of the manufacturer; and/or
5.11.3. The vehicle is in good working condition.
5.12. The purchaser is responsible for ensuring that:
5.12.1. they have familiarised themselves with the condition of the vehicle they intend to purchase. In this regard they confirm they have read and understood the DEKRA Condition Certificate;
5.12.2. they are satisfied with the condition of the vehicle; and
5.12.3. that the vehicle meets the requirements for its intended purpose.
5.13. By entering into the offer to purchase, the purchaser acknowledges that they have complied with their responsibilities as set out in clause 5.12 and that they were provided ample opportunity to inspect the vehicle.
5.14. The purchaser must use and maintain the vehicle in accordance with the manufacturer’s specifications and may not operate or alter the vehicle in anyway contrary to the manufacturer’s specifications after taking delivery of the vehicle. Should the purchaser fail to comply with this requirement, Weelee will not be liable for any damages or defects suffered as a result.
5.15. Delivery of vehicles occurs at Weelee branches, during normal working hours, after payment of the full purchase price as per the tax invoice has been received and cleared by the accounts department.
5.16. Where the vehicle must be transported to another location, either for inspection or delivery, the costs are for the account of the purchaser and will be included on the invoice and form part of the final purchase price.
5.17. Where a vehicle is still under a manufacturer’s warranty, it is the responsibility of the purchaser to transfer the warranty into their name.
5.18. Registration of ownership of vehicles is the purchaser’s responsibility and must be carried out within 21 (twenty-one) days of taking delivery of the vehicle. Weelee is under no obligation to transfer ownership into the purchaser’s name and the purchaser understands that they will be liable for all fines and other costs incurred from date of delivery of the vehicle, regardless of when ownership is registered.
5.19. An administration fee is charged on all transactions and this cost is reflected on the invoice.
5.20. In the event of a dispute arising, the following process is to be followed by the purchaser:
5.20.1. The purchaser is to first try and resolve the dispute with Weelee directly. The purchaser must log their complaint with the Weelee Customer Care Department within 48 hours, alternatively, as soon as reasonably possible, after becoming aware of the issue giving rise to the dispute. The contact details for the Weelee Customer Case Department are listed in clause 5.20.5.
5.20.2. The purchaser will receive an acknowledgement of receipt and a reference number within 24 hours of logging their complaint with Weelee.
5.20.3. The Weelee Customer Care Department will undertake investigations of the complaint and provide the investigation outcome to the purchaser within 3 (three) business days from date of acknowledgment of receipt of the complaint.
5.20.4. Should the complaint remain unresolved between the purchaser and Weelee within 10 (ten) business days from date of acknowledgment of receipt of the complaint, it can then be referred to the relevant body with authority in terms of the Consumer Protection Act 68 of 2008, being the Motor Industry Ombudsman of South Africa (“MIOSA”), for investigation and recommendation of a finding. MIOSA is the accredited dispute resolution forum for the automotive industry in South Africa and is an independent and impartial organisation. The contact details for MIOSA can be located on its website, www.MIOSA.co.za .
5.20.5. Weelee Customer Care Department contact details: Tel: 0861 933 533 Email: [email protected] Website: www.weelee.co.za
5.21. The purchaser consents to Weelee processing its personal information, including but not limited to, their identity number, contact information, address, and images, and to Weelee storing the information on its databases, subject to its privacy policy.
5.22. The purchaser agrees to all the terms and conditions of offer upon attaching their signature thereto and warrant that in signing such agreement, the terms and conditions were explained to them prior to signature.
5.23.1. Each provision of this sale and purchase agreement is, notwithstanding the grammatical relationship between that provision and the other provisions of this agreement, severable from the other provisions of this agreement.
5.23.2. Any provision of this agreement, which is or becomes invalid, unenforceable or unlawful shall be treated as pro non scripto to the extent that it is so invalid, unenforceable or unlawful, without invalidating or affecting the remaining provisions of this agreement which shall remain of full force and effect.
5.23.3. The parties declare that it is their intention that this agreement would be executed without such invalid, unenforceable or unlawful provision if they were aware of such invalidity, unenforceability or unlawfulness at the time of execution of this agreement.
5.24. No variation, cancellation, or waiver by either party of any of the terms or conditions will be of any force or effect, including this term, unless reduced to writing and signed by both parties.
5.25. The agreement constitutes the entire agreement between the parties regarding the subject matter hereof and no representations, warranties, terms, or conditions outside of this agreement shall be binding on the parties.
6.1. A roadworthy certificate is required in order to finance a vehicle.
6.2. In respect of Platinum Class Vehicles, the following terms and conditions are applicable:
6.2.1. Weelee has obtained a roadworthy certificate for the vehicle, the cost of which in included in the purchase price of the vehicle.
6.2.2. Notwithstanding, clause 6.2.1, Weelee does not warrant that the vehicle will not require additional maintenance and/or repair work.
6.2.3. As these vehicle’s already have a roadworthy certificate, they are ready to be financed. The terms and condition’s relating to financing of these vehicles are contained in clause 7.
6.3. In respect of Gold Class Vehicles, the following terms and conditions are applicable:
6.3.1. These vehicles are in a roadworthy condition, but they have not undergone or passed a roadworthy test at the time of purchase and despite Weelee not being responsible for arranging a roadworthy test, the DEKRA Condition Certificate does not contain any items which would impede the vehicles ability to pass a roadworthy test. A DEKRA voucher covering the costs of a roadworthy test will be provided to the purchaser by Weelee.
6.3.2. Should any repairs and or maintenance be identified by DEKRA at the roadworthy test before a roadworthy certificate can be issued after the purchaser has taken delivery of the vehicle, such costs will be for the account of the purchaser. The purchaser will then also be responsible for any costs associated with further roadworthy tests.
6.4. In respect of Green Class Vehicles, the following terms and conditions are applicable:
6.4.1. These vehicles are not in a roadworthy condition and Weelee is not responsible for arranging a roadworthy test or for the cost of obtaining the roadworthy certificate, nor is it responsible for any associated costs, such as possible repair work or servicing costs required in order to obtain a roadworthy certificate.
6.4.2. The purchase price of Green Class Vehicles does not include the cost of a roadworthy test unless the contrary is clearly indicated in writing.
6.4.3. It is the purchaser’s responsibility, and for the purchaser’s account, to conduct any maintenance, repairs, and/or servicing required to get the vehicle into a roadworthy condition and to obtain the roadworthy certificate.
6.4.4. As Green Class Vehicle’s do not have a roadworthy certificate, they cannot be purchased using bank finance nor can warranty products be purchased for them.
7.1. Platinum and Gold Class Vehicle’s that have passed roadworthy may be financed, and warranty products may be purchased. Weelee can assist with both finance and warranty products, should a purchaser be interested in these products, they may request Weelee for assistance and a separate quote.
7.2. If Platinum and Gold Class Vehicles are sold with a valid warranty, it is the responsibility of the purchaser to transfer such warranty into their name.
7.3. If a purchaser intends to finance a Platinum or Gold Class Vehicle, the following must be complied with:
7.3.1. The vehicle must have undergone a roadworthy test and obtained a roadworthy certificate. The terms and conditions for roadworthiness are set out in clause 6.
7.3.2. If applicable, the vehicle must have a warranty product which is valid for at least 12 (twelve) months from the date of purchase and that provides at least R20 000.00 (twenty thousand rand) in cover for major vehicle component failure such as engine failure. The purchaser is obliged to acquaint itself fully with the terms and conditions appliable to such warranty product and its applicable inclusions and exclusions.
7.3.3. Should the vehicle be sold with a valid warranty, but which will expire within 6 (six months) of the date of purchase, it is recommended that the purchaser purchase an additional warranty product to provide a full
12 (twelve) months cover from the date of purchase.
7.4. If the purchaser decides to finance a Platinum or Gold Class Vehicle, but does not obtain a warranty product from Weelee, the purchaser will be required to provide Weelee with proof of a third-party warranty which is comprehensive and complies with the requirements as set out in clause 7.3.2.
7.5. If a purchaser does not finance a Platinum or Gold Class Vehicle but does take a warranty product on same, should the warranty product be through a third-party entity, proof of such warranty must be provided to Weelee.
7.6. The warranty product purchased in respect of a Platinum or Gold Class Vehicle, is required to be used to claim for any defect/failure/unsafe characteristic of the vehicle and Weelee will not be liable, at all, for any shortfall in payout of a claim or rejected claim under the warranty.
8.1. The documentation as set out below is required to be provided by purchasers to Weelee when concluding a offer to purchase for a vehicle.
8.2. Natural Persons, who are South African citizens, must provide the following documents:
8.2.1. Identity document; and
8.2.2. Proof of residential address not older than 3 (three) months.
8.3. Natural Persons, who are not South African citizens, must provide the following documents:
8.3.1. Valid passport;
8.3.2. Traffic registration number certificate, alternatively a traffic register; and
8.3.3. Proof of residential address not older than 3 (three) months.
8.4. Juristic Persons (ie. Company, Close Corporation, Partnership, or Trust), must provide the following documents:
8.4.1. If it is a Company or Close Corporation, the registration documents, if it is a Partnership, the partnership agreement, or if it is a Trust, the letter of authority;
8.4.2. Identity document or valid passport for all directors/members/partners/trustees;
8.4.3. Identity document or valid passport of the authorised representative of the Company/Close Corporation/Partnership/Trust;
8.4.4. Confirmation of VAT number from SARS;
8.4.5. Proof of physical business address not older than 3 (three) months;
8.4.6. Business registration number certificate; and
8.4.7. Proxy details from the licence office.
8.4.8. Written confirmation of the juristic person’s asset value and/or annual turnover as at the date of concluding the offer to purchase with Weelee.
8.5. Weelee will only accept original documents or certified copies of the documents required for entering into a sale and purchase agreement.
8.6. No sale and purchase agreement will be concluded until Weelee has:
8.6.1. Properly and sufficiently identified all parties to the transaction and they have been verified; and
8.6.2. The applicable requirements of the Financial Intelligence Centre Act 38 of 2011 (“FICA”) have been complied with.
9.1. The return policy for vehicles purchased from Weelee is governed by the terms and conditions of offer, as well as the applicable sections of the Consumer Protection Act 68 of 2008 (“the CPA”).
9.2. Weelee limits its liability in terms of the CPA to the extent permissible, by drawing the purchaser’s attention to the following, and therefore returns will only be permitted under limited circumstances in terms of the CPA:
9.2.1. The vehicle’s sold by Weelee are used vehicles and therefore may have mechanical or other defects which would not be expected in a new vehicle.
9.2.2. These vehicles may have mechanical problems with the engine and gearbox and may require servicing, mechanical checks, repair work, and reconditioning work to be carried out on them even after the roadworthy test. Accordingly, Weelee does not warrant nor guarantee that the vehicle is in good working order or mechanical condition.
9.2.3. The potential mechanical defects mentioned are not an exhaustive list, and reference must be had to the specific vehicle’s DEKRA Condition Certificate for a detailed breakdown of the specific vehicle’s condition prior to purchase.
9.2.4. The service records of the vehicle may be incomplete. Weelee has not verified these records, nor does it bear any responsibility in regard to same.
9.2.5. By entering into the offer to purchase, the purchaser acknowledges that they have complied with their responsibilities as set out in clause 5.12 and that they were provided ample opportunity to inspect the vehicle without undue influence from Weelee. They also confirmed that they were aware of the specific condition of the vehicle, including the specific condition as set out in the DEKRA Condition Certificate, and that it was fit for use for the intended purpose.
9.3. In respect of Platinum Class Vehicles, where the roadworthy test was organised by Weelee and a warranty product as approved by Weelee was purchased, the following return policy is applicable to the purchaser:
9.3.1. The return shall be handled in accordance with the provisions of the CPA.
9.3.2. The purchaser bears the costs and responsibility associated with proving any alleged defect.
9.3.3. Mechanical defects or failures caused by misuse of the vehicle or modification/alternations not compliant with the manufacturer’s specifications, and wear and tear due to use of the vehicle, are specifically excluded.
9.3.4. The normal warranty claim procedure as set out in the policy of the warranty product purchased, must be followed.
9.3.5. Should the purchaser’s claim under the warranty product be rejected by the relevant insurer, this return policy will not be applicable.
9.3.6. Where the claim is approved, the purchaser will be eligible to utilise this return policy as follows:
9.3.6.1. The purchaser has the option to request a repair, replacement, or refund.
9.3.6.2. The purchaser will be liable for the costs of the usage of the vehicle for the period in which they had possession of it. The reason for such is the fact that vehicles are goods and devalue with time and use and are subject to wear and tear as a result.
9.3.6.3. The costs of usage are calculated by multiplying the kilometre’s driven from date of purchase to date of return by the official AA rates at date of return and shall be deducted from any amounts refunded to the purchaser. Kilometre’s driven from date of purchase to date of return x official AA rates at date of return = costs of usage payable by the purchaser.