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Terms & Conditions

Terms & Conditions

Terms and Conditions are aimed at protecting all parties and to guide in the unlikely event of a dispute. Whilst the print may be fine, the customer protection offered by Jinpeng Electric Vehicles South Africa (PTY) Ltd. exceeds most if not all other offerings. The protection retained by Jinpeng
Electric Vehicles South Africa is aimed not only at ensuring our company (and therefore your warranty), cannot be destroyed by unscrupulous customers, competitors and or legal authorities. We aim to serve you our most valued customers.

1. Definitions and Interpretation


1.1 Defined Terms In this Agreement, unless the context otherwise requires:
• Agent means the Jinpeng Electric Vehicles South Africa appointed dealer who shall meet with the Customer at the Showroom to view and explain the vehicle.
• Business Day means a day on which trading banks are open for banking business and shall not include a Saturday, Sunday, or public holiday in Southern Africa.
• Agreement means the agreement to purchase the Electric Vehicle between Jinpeng Electric Vehicles South Africa, and the Customer as contained in the Order Form and these Terms and Conditions of Contract.
• Contract is the Agreement between the Parties for the sale and use of the vehicle which in terms of the road traffic act should not be used on a public road.
• Customer means the purchaser of the Electric Vehicle.
• Funds means the amount of money paid to Jinpeng South Africa by the Customer per the amount specified in the Tax Invoice.
• Law or Laws means all statutes, regulations, proclamations, ordinances, or by-laws as may be relevant to the Agreement, the Parties to this Agreement and the Distributor and includes all statutes, regulations, proclamations, ordinances, or by-laws issued under, varying,
consolidating, or replacing such statutes.
• Tax Invoice means the Tax Invoice paid in full and signed by the Customer to which these Terms and Conditions are attached.
• Party or Parties means Jinpeng Electric Vehicles (Pty) Ltd South Africa and or the Customer as
the context requires.
• Terms and Conditions are aimed at protecting all parties and providing guidance in the unlikely event of a dispute. The protection retained by Jinpeng South Africa is aimed only at ensuring our company (and therefore your warranty), cannot be destroyed by unscrupulous
customers, competitors and or legal authorities. We aim to be here to serve you!

TERMS & CONDITIONS


• Jinpeng Electric Vehicles (Pty) Ltd South Africa means Trading as Jinpeng South Africa
• Jinpeng South Africa. All Rights Reserved
• Standard Forms means those standard forms that shall be provided to the Customer including but not limited to:
• Application to purchase and utilise our vehicles in terms of the Laws of South Africa.
• Terms and Conditions means these Terms and Conditions of Contract. 

Interpretation
Unless the contrary intention appears:
a) the singular includes the plural and vice versa.
b) an obligation or representation on the part of two or more persons binds them jointly and severally;
and 
c) each obligation of a party takes effect as a covenant.
d) references to parts, clauses, parties, annexures, exhibits, and schedules are references to parts and clauses of, and parties, annexures, exhibits and schedules to, this Variation Agreement.
e) in the interpretation of this Agreement, no rules of construction apply to the disadvantage of any party because that party was responsible for the drafting of this Agreement or of any part of this.
Agreement; and
f) a reference to rands or R shall mean South African Rands
TERMS & CONDITIONS


Jinpeng South Africa. All Rights Reserved Terms and Conditions Acknowledgement:
By signing the Order Form the Customer acknowledges and agrees that:
a) these Terms and Conditions shall apply from and including the date the Order Form is signed.
b) The agreement between the parties shall be deemed a Contract and be in force from the date
of the Order Form.

Pricing and Payment:

The pricing set out in the Quotation is:
• Valid for a period of 7 days following the Date of Visit.
• Excludes any upgrade costs that may be required. These
upgrade costs are payable in full by the Customer to the relevant dealer/supplier.

Payment Terms:

• The Payment of 100%, non-refundable is due at the time that the Customer submits its order
acceptance to Jinpeng South Africa
• Customer acknowledges by signed acceptance testing form confirming that the electric
vehicle has met all Jinpeng South Africa acceptance testing criteria verifying and ensuring the
Electric vehicles are operating at their design specifications.

Services:
General:
Upon receipt of the Order Form, Jinpeng South Africa shall:
a) Schedule a provisional supply date for the vehicle with the Dealerand the Customer.
b) Place an order and notify the Customer upon request of the anticipated time required to
Assemble/supply and obtain the date that the vehicle will be available from the dealer.
c) Contact the Customer as soon as Jinpeng South Africa has obtained the delivery date
information to confirm the final date or to schedule the collection to a mutually convenient date.
d) Jinpeng South Africa shall provide the Customer with a relevant Tax Invoice in relation.
to the amount paid.

Supply

• The Customer acknowledges and agrees that Jinpeng South Africa shall not be obliged to
install any additional components until the Customer has paid the amount as set out in the
Order Form.
• Jinpeng South Africa shall not be liable for any loss or damage to the Customer in the case of
unforeseeable circumstances arising out of the supply of the Electric Vehicle from the
manufacturer.
• Jinpeng South Africa All Rights Reserved
• Where the manufacturers are unable to supply the products at the time they previously
advised.
• Due to unforeseen circumstances including weather, etc.

Delivery/Collection


a) Upon receipt of the required documents and forms duly completed by the Client, Jinpeng South Africa shall arrange for the delivery to the approved dealer within a 100km range for free (if over 100km there will be a delivery fee charged)
b) All work shall be completed by competent and licensed assemblers to carry out the assembly work.
c) The Customer acknowledges and agrees that:

Warranties
a) All warranties contained in the Order Form, or these Terms and Conditions include the warranty terms and conditions and procedures of the relevant manufacturer of the System which are additional to the warranty set out below.
b) Unless otherwise specified in the Order Form, Jinpeng South Africa shall provide a walk-in warranty for vehicles delivered back to our warehouse subject to inspection by our qualified technicians and prescribed by our after-sales rules for:
➢ The components and workmanship
➢ The electric motor, and batteries of the vehicle
➢ All hardware is covered by the manufacturer’s warranty.
Jinpeng South Africa will NOT be liable in respect of:
• Any misuse of the Vehicle or use of the Vehicle in a manner not expressly authorized by Jinpeng South Africa which may void this warranty.
• The company shall not be liable for any cost of repair to damage caused to the equipment for reasons which are beyond the Company’s control, war, riots, faults incurred in power lines and connections, software viruses, power surges and acts of God i.e., lightning, fire, flooding,
etc. and/or exceeding the maximum load capacity of the equipment.
• The customer is solely responsible for insuring all equipment on the purchase completion
date.

Service to Electric Vehicles


a) Jinpeng South Africa shall, at its own cost, promptly arrange for the Dealer to undertake any necessary repair and replacement works to the Electric Vehicle that are covered by the Customer's Statutory rights or the warranty terms and conditions which provide the Customer with the maximum financial benefit.
b) in the event:
➢ that a customer requests a service call out for any repair or replacement works, then the Customer shall be liable to pay a fee for such service call out. Jinpeng South Africa standard call rates will apply where the call-out is not the result of a fault with the vehicle or of the components therein.

Customer Obligations

Full Payment of all Costs:

(a) The Customer shall provide payment in full to Jinpeng South Africa upon completing and signing
the Order Form.
(b) In the event that a financial institution declines or refuses to honour the Customer’s payment
of the Dept or the Outstanding Costs then Jinpeng South Africa may elect to either:
➢ require the Customer to pay the Outstanding Costs by way
of an alternative method; or
➢ terminate this Agreement and the Customer shall be liable to pay any financial
penalties or fees that may apply concerning such refusal.
Documentation
The Customer shall complete and submit all documentation required to arrange the connection of the System to the relevant municipal area or to facilitate payments that may be required.
Warranty and Indemnification:
a) The Customer acknowledges and agrees that Jinpeng South Africa has relied upon the information provided by the Customer, both by way of the documentation, paperwork and verbally and the Customer warrants that it has provided any such information honestly and to the best of its
knowledge.
(b) The Customer shall indemnify and hold harmless Jinpeng South Africa from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses, and expenses of any nature whatsoever which the Customer may suffer or
incur in connection with the provision of false or inaccurate information and /or use of the vehicle.
➢ this agreement shall forthwith be terminated by notice in writing to the Customer by Jinpeng South Africa of such termination notice:
➢ In the event the Customer has breached this Agreement by failing to comply with the laws of South Africa, Jinpeng Electric Vehicles may be in no way held liable whatsoever:
➢ require the Customer to be conversant, understand and work within the parameters of the vehicle and in full compliance of the conditions of the NCRS and the Road Transport Act.
(A) The Customer shall be obliged to immediately pay to Jinpeng South Africa the Outstanding Costs in full; and 
(B) Jinpeng South Africa or its approved dealer shall complete the assembly works as soon as practical thereafter.
If Jinpeng South Africa terminates this contract under any clauses.
Then:
a.) The Customer shall be liable for all costs incurred by Jinpeng South Africa relating to the removal of the Vehicle from the site and the shipping of the Vehicle back to Jinpeng South Africa. Such costs shall be payable by the Customer upon receipt of a written demand from Jinpeng South Africa; and 

By Customer

If the Customer terminates this Agreement by written notice, then any Deposit paid shall be forfeited
to Jinpeng South Africa.
General:

➢ Power disruptions:
The Customer acknowledges that power generation from the grid may disrupt or slow down the vehicle recharging process.
➢ Risk Passing:
The Customer and Jinpeng South Africa acknowledge and agree that risk and title in the components
and equipment comprising the Electric Vehicle shall pass to the Customer upon the vehicle being
retrieved from the dealer.
➢ Amendments to this Agreement.
The Agreement may only be amended by agreement in writing between the parties.
➢ Severance.
If any term, condition, covenant or stipulation of the Order Form or the Terms and Conditions or the
application thereof to any person or circumstances is or becomes invalid or unenforceable the
remaining terms, covenants, conditions, and stipulations are not affected and each term, covenant,
condition and stipulation of the Order Form or the Terms and Conditions is valid and enforceable to
the extent permitted by law.
➢ Jurisdiction.
This Agreement is governed by the laws of Southern Africa and the parties submit to the nonexclusive jurisdiction of the courts of Southern Africa

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