Terms & Conditions
1. General
These Terms of Use (“Terms”) govern your (“User”) interaction with Ngeo Namibia hereinafter referred to as “Ngeo Namibia”)
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By accessing and utilizing the Ngeo Namibia website, you acknowledge and agree to be bound by these Terms. Should you choose not to accept these Terms, please refrain from accessing, displaying, using, downloading, or otherwise distributing content from the website.
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We strongly advise you to carefully read these Terms of Use before engaging with the website.
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2. Updates to these Terms
Ngeo Namibia reserves the right to modify, amend, or remove portions of these Terms at any time. Such changes will take effect upon being posted on the website. Ngeo Namibia will notify you of any amendments via email or by posting a notice on the websites. Your continued use of the website following the posting of changes or updates signifies your acceptance of the revised Terms.
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3. Disclaimers
Ngeo Namibia makes no warranties, conditions, guarantees, or representations, whether express or implied, regarding:
The completeness or accuracy of the information or advice provided on the websites or any linked sites.
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The content of vehicle advertisements appearing on the websites, including but not limited to ownership, quality, authenticity of photographs, accuracy of descriptions, or fitness for a particular purpose.
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The accuracy of vehicle prices displayed on the website, which may be subject to genuine errors.
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The completeness of search results conducted on the website, or the assumption that the vehicles revealed by such search are the only ones in our database meeting your search criteria.
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4. No Binding Agreement Without Written Confirmation
Communications addressed to Ngeo Namibia through the website, support channels, or other forms of communication do not constitute a legally binding contract or agreement. Ngeo Namibia reserves the right to require written contracts at its discretion. Consequently, any information contained on the website should not be interpreted as an offer capable of acceptance that could result in a legally binding contract.
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5. Intellectual Property Rights
All intellectual property, including trademarks, names, and logos—whether registered or not—featured in the content published on the website, are proprietary to Ngeo Namibia. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms grants you any license or rights under any trademarks, names, or logos.
All rights, including copyright, in the content of the website, photographs of vehicles displayed, and the vehicle database are owned and/or controlled by Ngeo Namibia.
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Except as expressly permitted by these Terms, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from, or otherwise extract or reuse any of the content from the website, nor may you authorize or facilitate others to do so.
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6. Limitation of Liability
The website and all content therein are provided on an “as is” basis and may contain inaccuracies or typographical errors. Ngeo Namibia, including its suppliers, employees, directors, partners, affiliates, and agents, will not be liable for any damage, loss, or liability incurred by any party as a result of any act or omission.
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Ngeo Namibia will not be held responsible for any damage of any kind related to the use of, or inability to access, the content, the website, or any functionality of linked websites to the extent permissible by law.
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The content and information on the website may be altered or updated periodically and may become outdated. Ngeo Namibia assumes no responsibility for ensuring that the information on the website is current or for any liability resulting from outdated content.
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Ngeo Namibia excludes all representations and warranties relating to access and use of the websites, to the extent permitted by law.
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Ngeo Namibia will conduct routine maintenance and servicing of its servers and equipment from time to time. While we aim to minimize disruption, continuous online availability cannot be guaranteed. As such, the website is provided on an "as is" and "as available" basis.
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Ngeo Namibia does not warrant that the website (or any linked websites) are free from viruses or other harmful software. It is the user’s responsibility to employ appropriate virus protection measures.
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Interception of Communications:
Please be aware that Internet-based communications can be intercepted. Without encryption, the Internet is not a secure medium, and privacy cannot be guaranteed. Email communications are vulnerable to interception and forgery. Ngeo Namibia is not responsible for any damages incurred by you or third parties as a result of the transmission of confidential or sensitive information via the Internet, or any errors or alterations made during transmission.
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To familiarize yourself with Ngeo Namibia' privacy practices, please review the "Privacy Policy" on our website.
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7. Governing Law
These Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of South African courts.
Should any provision of these Terms be found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, with the remainder of these Terms continuing in full force and effect.
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These Terms constitute the entire agreement between Ngeo Namibia and the User concerning the use of the websites.
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8. Registration and Website Use
You must be 18 (eighteen) years of age or older and possess full legal capacity to register and use the websites.
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You agree that Ngeo Namibia may collect, process, and disclose your personal information (including but not limited to voice recordings, images, identity numbers, contact details, and address) for the purpose of processing online or other transactions. Ngeo Namibia will store your personal information in its databases.
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CONSUMER PROTECTION ACT
Consumer Protection Act (CPA) Overview: Implications for Used Motor Vehicle Purchases
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The primary objective of the Consumer Protection Act (CPA) is to safeguard consumer rights, which are fully applicable when purchasing a used motor vehicle. Below, we explore key consumer rights under the CPA that are particularly relevant to such transactions.
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Use of Plain Language
Motor vehicle dealers are required to ensure that all notices, documents, or visual representations mandated by the CPA or any other law are presented in clear and understandable language. This obligation includes ensuring that standard terms and conditions, as well as any forms completed by customers, are drafted in plain and comprehensible English.
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Disclosure of Pricing
Unless vehicles are sold online, dealers must prominently display the prices of their vehicles. This can be achieved through a clearly visible notice on the vehicle.
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Auctions
The CPA outlines specific rules for auctions, including the requirement for advance notice if a sale is subject to a reserved or upset price. While the auction rules do not need to be read aloud at the auction, they must be made available to the public at least 24 hours before the auction begins.
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Right to Fair, Just, and Reasonable Terms and Conditions
The CPA prohibits unfair transactions and unreasonable or unjust terms and conditions. Dealers must not offer, negotiate, or enter into agreements to supply vehicles on terms that are unfair, unreasonable, or unjust. Similarly, marketing practices and the administration of transactions must not be conducted in a manner that is unfair or unreasonable.
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If a consumer believes a term is unreasonable or unfair, they may seek recourse through the courts. The court may, among other remedies, declare the agreement unenforceable or remove the offending term if found to be unfair, unjust, or unreasonable.
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Limitation of Liability
Any term or notice that seeks to limit the dealer's liability, shift risk to the consumer, or impose an obligation on the consumer to indemnify the dealer must be presented in plain language and brought to the consumer's attention before the agreement is
concluded or payment is made. This may be done, for example, by highlighting relevant terms in bold or placing them within a text box.
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The Motor Industry Ombudsman of South Africa emphasizes that it is the consumer's responsibility to fully understand the implications of entering into a legally binding agreement. By signing such an agreement, the consumer acknowledges that they have read, understood, and agreed to its terms and conditions.
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Consumer’s Right to Safe, Good Quality Goods and Implied Warranty of Quality
Unless the consumer has been expressly informed of the goods' specific condition and has agreed to accept them as such, every consumer has the right to receive goods that are reasonably suitable for their intended purpose, of good quality, in good working order, and free of defects. Additionally, the consumer has the right to receive goods that are durable for a reasonable period of time, considering their intended use, and that comply with applicable public standards.
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These rights do not apply to goods purchased at auction.
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To enforce these rights, there is an implied warranty in every agreement for the supply of goods that the producer, importer, distributor, and retailer each guarantee that the goods comply with the standards mentioned above. This warranty, however, becomes void if the consumer tampers with or misuses the vehicle post-purchase, such as by driving it without oil or coolant. It also does not apply to defects resulting from normal wear and tear.
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The CPA allows consumers to return goods within six months of delivery if they fail to meet the required standards.
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Case law, such as Vousvoukis v Queen Ace CC t/a Ace Motors (3878/2013) [2015] ZAECGHC, supports the notion that it is sufficient for goods to be described with enough particularity to indicate potential defects, such as being second-hand or sold at a lower price due to reduced quality. In this case, the court held that:
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“A reasonable person in the plaintiff’s shoes, being aware that he was purchasing a second-hand motor vehicle, albeit an expensive one, for a price very considerably less than a new motor vehicle of that make would have been conscious of the fact that it might experience mechanical problems from time to time which were not to be expected in a brand new motor vehicle of that make.
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It is still possible for a dealer to exclude liability for defects that render the vehicle unsuitable for its general purpose (such as transportation) or of inferior quality. However, it may not be sufficient to simply advertise or sell the vehicle "as is" or include a voetstoots clause in the contract, as consumers may not fully understand these terms.
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Dealers must clearly inform consumers of the specific condition of the goods being offered—such as if the vehicle is second-hand, has high mileage, and is likely to have defects—and ensure that the consumer agrees to these conditions.
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The warranties that goods must be usable and durable for a reasonable period and comply with public regulations cannot be excluded. However, the warranty regarding usability and durability contains an inherent limitation: what constitutes a reasonable period depends on the intended use and the circumstances surrounding the supply of the goods.
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Thus, a consumer who knowingly purchases a high-mileage used vehicle cannot expect it to last as long as a new or low-mileage vehicle. The fact that the vehicle is obviously second-hand, well-used, and sold without a roadworthy certificate (or the dealer's commitment to obtain one) forms part of the supply circumstances. In such cases, the dealer is not offering a roadworthy vehicle, and the consumer cannot assume it will be usable and durable for six months.
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By implication, vehicles sold without a roadworthy certificate are effectively sold without the implied six-month warranty.
Dealers must clearly communicate this to consumers before they enter into the purchase agreement or make payment.
Right to Return the Vehicle
As a general rule, if the consumer purchases the vehicle in a roadworthy condition (i.e., the roadworthy certificate is arranged and supplied by the dealer), they may return the vehicle within six months, provided certain conditions are met.
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First, the consumer must prove that the vehicle has a defect or that it was sold in a condition unfit for its intended purpose.
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Second, the consumer must demonstrate that the defect was present at the time of sale. The burden of proof lies with the consumer, who may need to provide expert evidence, while the dealer will have the opportunity to rebut this evidence.
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Given that vehicles depreciate with use, the consumer will be liable for the usage of the vehicle, any damages caused, and the costs of re-certifying the vehicle as roadworthy and returning it to the dealer's inventory.
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Product Liability
The CPA imposes strict or "product" liability on all parties in the supply chain for harm arising from unsafe, defective, or hazardous goods, regardless of whether negligence occurred. However, liability does not arise if the defect or hazard did not exist at the time the product was supplied. Therefore, the consumer must prove that the defect was present at the time of purchase and that it caused the harm.
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A special defence is available to retailers, such as dealers, who can claim that it was unreasonable to expect them to have discovered the defect, considering their role in marketing the goods. This defence may apply where a dealer has clearly communicated that no inspections or checks were performed on the vehicle.
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Enforcing Consumer Rights under the CPA
Consumers can enforce their rights under the CPA through various means, including by approaching the Motor Industry Ombudsman of South Africa, the accredited dispute resolution forum for the South African Automotive and Related Industries and their customers.
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TERMS OF SALE
Welcome to Ngeo Namibia! These Terms of Sale ("Terms") govern the sale of vehicles and related services by Ngeo Namibia ("we," "us," "our") to you ("Customer," "you," "your"). By purchasing a vehicle or service from us, you agree to be bound by these Terms.
1. Definitions
"Vehicle" refers to any new or used automobile sold by Ngeo Namibia.
"Service" refers to any maintenance, repair, or additional service provided in connection with the sale of a Vehicle.
"Customer" refers to any individual or entity purchasing a Vehicle or Service from Ngeo Namibia.
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2. Agreement to Terms
By purchasing a Vehicle or Service, you agree to these Terms. Please read them carefully before proceeding with your purchase. If you do not agree to these Terms, please refrain from making a purchase.
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3. Vehicle Condition and Inspection
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3.1. New Vehicles
All new Vehicles are sold with the manufacturer's warranty, subject to the terms and conditions of that warranty. Customers are advised to review the manufacturer's warranty before completing the purchase.
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3.2. Used Vehicles
Used Vehicles are sold "as-is" unless otherwise specified in a written agreement. Customers are encouraged to inspect the Vehicle thoroughly before purchase. We provide a comprehensive Vehicle history report, and any known defects or issues will be disclosed. However, Ngeo Namibia is not responsible for any defects or issues discovered after the sale unless otherwise agreed in writing.
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4. Pricing and Payment
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4.1. Pricing
All prices are listed in South African Rand (ZAR) and include VAT, unless otherwise stated. Prices are subject to change without notice until a sale is confirmed.
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4.2. Payment Terms
Full payment is required before the delivery or handover of the Vehicle. We accept payment via bank transfer, debit/credit cards, or financing through approved partners. Payment details will be provided upon the finalization of the sale.
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4.3. Financing
If you choose to finance your purchase, the terms of the financing agreement will be provided by our financing partners. Ngeo Namibia is not responsible for the terms and conditions of the financing agreement, and any issues must be resolved directly with the financing partner.
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5. Delivery and Handover
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5.1. Delivery Options
Vehicles can be collected from our premises or delivered to an agreed-upon location. Delivery fees may apply depending on the location and will be communicated before the sale is finalized.
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5.2. Handover Process
Upon payment completion, we will arrange a convenient time for you to collect or receive your Vehicle. You will be required to sign a delivery note, acknowledging receipt of the Vehicle in the agreed-upon condition.
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6. Returns and Refunds
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6.1. New Vehicles
Returns of new Vehicles are subject to the terms and conditions of the manufacturer's return policy. Please contact us for assistance if you wish to return a new Vehicle.
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6.2. Used Vehicles
All sales of used Vehicles are final. Returns and refunds are not accepted unless there has been a material misrepresentation regarding the Vehicle's condition or history.
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6.3. Cancellation
If you wish to cancel your purchase before delivery or handover, please contact us immediately. Cancellation fees may apply, depending on the circumstances of the cancellation.
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7. Warranties and Guarantees
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7.1. New Vehicles
New Vehicles come with the manufacturer's warranty, which covers certain repairs and services for a specified period. Please refer to the warranty documentation provided at the time of purchase.
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7.2. Used Vehicles
Used Vehicles are sold "as-is," with no express or implied warranties unless otherwise stated in writing. Any additional warranties or guarantees provided will be outlined in the sales agreement.
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8. Liability
Ngeo Namibia is not liable for any indirect, incidental, or consequential damages arising from the sale of a Vehicle or Service. Our liability is limited to the purchase price of the Vehicle or Service.
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9. Privacy
We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
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10. Dispute Resolution
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10.1. Governing Law
These Terms are governed by the laws of South Africa. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Africa.
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10.2. Mediation
In the event of a dispute, we encourage you to contact us to resolve the matter amicably. If a resolution cannot be reached, the dispute may be submitted to mediation before proceeding to court.
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11. Amendments
We reserve the right to amend these Terms at any time. Any changes will be posted on our website and will take effect immediately upon posting. It is your responsibility to review these Terms periodically.
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12. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
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+264 65 240 710
+264 65 240 711
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