1.1. The following terms and conditions shall apply to the order and sale of a motor vehicle (“New Vehicles”) and all current and future after sales services of our company (“Axess Limited or Axess ”) in relation to the repair, maintenance and other services for motor vehicles (“Services”) as well as the delivery of spare and replacement parts (“Parts” or “Part”).
1.2. These terms and conditions shall apply exclusively.
1.3. Terms and conditions are binding and cannot be altered without the prior consent of Axess Limited.
1.4. Illustrations, photographs and descriptions provided by Axess Limited are intended as a general guide only.
2.1. Our offers are to be treated as an estimate only and subject to withdrawal, correction or alteration at any time before Axess Limited acceptance of the purchaser’s order.
2.2. Our offer is valid only for a given period of time.
2.3. For Services, our offer is only valid for a period of 30 days as from the date of the offer.
2.4. No order is to be deemed to have been accepted by Axess Limited until its formal acceptance is posted or delivered.
3.1. No order submitted by the Customer shall be deemed accepted by Axess Limited unless and until confirmed in writing by Axess Limited.
3.2. In case of cancellation of a firm order of a vehicle, unless otherwise agreed, the Purchaser agrees to pay a cancellation fee not exceeding 50% of the value of the vehicle.
4.1. Our prices are an estimate and can be subject to modification, correction or alteration.
4.2. Axess Limited reserve the right to adapt prices, for confirmed orders as well, to reflect any increase in our costs due to Foreign Exchange fluctuations, Government enactments,increase in freight, transport and insurance charges, and/or any other increase beyond the control of Axess Limited like force majeure, shortage of primary material or labour, strikes, transportation or similar problems.
5.1. Notwithstanding normal warranty conditions as defined by the Manufacturer, goods are sold on an ex-store basis. The responsibility of Axess Limited ceases immediately upon delivery of the vehicle.
5.2. “Force Majeure” may apply and namely but not exclusively under the following circumstances:
- Delays in deliveries arising from circumstances beyond the control of Axess Limited.
- All obstacles that render the execution of the order totally or partially impossible and for which Axess Limited cannot be held responsible, such as war, strikes, riots, lockouts, etc.
6.1. All parts that are subject to an insurance expertise, Axess will deliver the parts based on the specification provided by the insurance expert. Axess’s liability to that effect shall be excluded as Axess accepts orders for delivery of Parts based on the insurance expert advice.
6.2. The parties shall agree on the delivery time. The agreed delivery time shall only be binding for Axess if all commercial and technical matters have been settled between Axess and the Customer and the Customer has fulfilled all contractual obligations; otherwise, the delivery time shall be extended accordingly, provided such delay is not attributable to Axess.
6.3. Axess shall be obliged to adhere to the agreed delivery time. In the event of Force Majeure, labour conflicts or other events beyond the Axess’s control, the delivery time shall be extended accordingly. Axess shall notify the Customer of the begin and the end of such circumstances as soon as possible.
7.1. Axess represents and warrants that it will perform the Services with reasonable care and skill.
8.1. Unless expressly agreed otherwise in writing, the Customer shall make payments according to the Axess Limited’s schedule of prices and services which the Customer may request from Axess Limited at any time.
8.2. Payment for New Vehicles shall be made prior to the registration of the New Vehicles.
8.3. Unless expressly agreed otherwise, payment for Services and deliveries of Parts is due immediately upon receipt of invoice.
8.4. Axess Limited will charge interest at 1% above Commercial Bank Rate, on all outstanding accounts. Should any amount in capital or interest be recovered by an Attorney-at-Law, the Purchaser agrees to pay the attorney’s fees, which will not exceed 10% of the amount claimed.
9.1. Please note that personal and sensitive data is being collected from you for various purposes, namely for providing services, maintaining client relationship, sending notifications about promotions, responding to requests. Your data will be shared and matched with other entities of the ENL Group for marketing purposes. We, or another ENL entity or the relevant data processor designated by us, propose to use and process your personal and sensitive data for the purposes set out above.
9.2. By filling in the present form or by signing the present agreement, you hereby consent, in compliance with the Data Protection Act, to the use and processing by us, by any other ENL entity or by the relevant data processor designated by us, of any of your personal and sensitive data that may be collected during the course of business with you for the purposes set out above.