PRE-OWNED EQUIPMENT SALES – TERMS & CONDITIONS

1. PRE-OWNED EQUIPMENT

The purchaser acknowledges that the equipment is pre-owned/used equipment and that it has previously been operated and may show normal signs of use, wear and tear.

2. INSPECTION OF EQUIPMENT

The purchaser has been afforded the opportunity to inspect, test and evaluate the equipment prior to purchase and is satisfied with its condition, specification and suitability for the purchaser’s intended application.

3. CONDITION OF EQUIPMENT

The condition of the equipment at the time of sale, including any known defects, damage, repairs required or limitations, will be recorded on the quotation, sales agreement or inspection report where applicable. The purchaser acknowledges the condition recorded at the time of sale, subject to any rights and warranties that may apply under applicable South African law.

4. OPERATING HOURS / KILOMETRES

The operating hours, engine hours, kilometres or other recorded usage stated on the quotation or sales agreement are those available to Agrimech SA at the time of sale. Where applicable, such information is based on the equipment’s hour meter, records supplied by the previous owner, or information otherwise available to Agrimech SA.

5. WARRANTY

The applicable warranty must be clearly stated on the quotation or sales agreement.

This may include:

– Remaining manufacturer’s warranty;

– Agrimech SA/dealer warranty;

– A specifically agreed limited warranty; or

– No additional warranty, where legally permissible.

Any warranty provided by Agrimech SA will be limited to the terms, duration and components specifically stated in writing.

6. ACCESSORIES, ATTACHMENTS AND EXTRAS

Only equipment, attachments, accessories and extras specifically listed on the quotation or sales agreement are included in the sale. Items appearing in photographs or shown during an inspection are not necessarily included unless specifically listed as part of the sale.

7. REPAIRS AND PRE-DELIVERY WORK

Any repairs, servicing or other work that Agrimech SA has agreed to complete before delivery will be recorded in writing. No additional repairs or work will be deemed to have been agreed unless confirmed in writing by Agrimech SA.

8. CUSTOMER-SOURCED / DIRECT RESALE EQUIPMENT

Where Agrimech SA acquires equipment from a farmer, customer or other previous owner for the purpose of reselling the equipment to another purchaser, the equipment remains pre-owned equipment. The purchaser acknowledges that Agrimech SA may have acquired the equipment from a previous owner and subsequently resold the equipment.

9. INFORMATION SUPPLIED BY THE PREVIOUS OWNER

Information regarding the equipment’s operating history, service history, repairs, condition, hours, usage or previous applications may have been supplied by the previous owner. Where such information has been identified as information supplied by the previous owner, it should not be regarded as an additional warranty by Agrimech SA unless Agrimech SA has expressly confirmed the information or warranty in writing.

10. KNOWN DEFECTS

Any known defects, damage, outstanding repairs or other material limitations identified by Agrimech SA before the sale will, where applicable, be disclosed and recorded on the quotation, sales agreement or inspection report.

11. CUSTOMER-SOURCED EQUIPMENT – INSPECTION

The purchaser is encouraged to inspect and, where reasonably possible, test the equipment before completing the purchase. The purchaser is responsible for satisfying themselves that the equipment is suitable for their intended application, subject to any rights and obligations imposed by applicable law.

12. NO ADDITIONAL REPRESENTATIONS

No representation regarding the equipment’s performance, condition, future maintenance requirements or suitability will form part of the agreement unless it is specifically recorded in writing.

13. PRICE AND VAT

The purchase price will be clearly stated on the quotation or sales agreement. Unless specifically stated otherwise, prices are subject to the applicable VAT requirements.

14. AGRIMECH SA RE-SALE MARGIN

Where Agrimech SA purchases equipment from a previous owner and subsequently resells the equipment, Agrimech SA may earn a margin on the resale. The purchaser’s purchase price is the agreed selling price reflected on the quotation or sales agreement. The previous owner’s purchase price and Agrimech SA’s internal margin are not part of the purchaser’s purchase agreement unless otherwise required by law.

15. PAYMENT

Payment must be made in accordance with the agreed payment terms reflected on the quotation or sales agreement. Where the purchase is financed, the sale remains subject to the applicable finance approval and finance agreement.

16. OWNERSHIP

Ownership and transfer of the equipment will be subject to the terms of the applicable sale agreement and receipt of the agreed purchase consideration. Where the equipment is subject to existing finance, liens, claims or other encumbrances, the necessary settlement and release arrangements must be completed before ownership is transferred.

17. DOCUMENTATION AND PROOF OF OWNERSHIP

Agrimech SA will take reasonable steps to establish the ownership and relevant documentation of customer-sourced equipment before resale. Where applicable, the purchaser will receive the documentation agreed as part of the sale.

18. DELIVERY AND COLLECTION

The quotation or sales agreement must specify whether the equipment will be collected by the purchaser or delivered by Agrimech SA. The responsibility for transport costs, loading, unloading and insurance must be agreed in writing.

19. RISK

The point at which risk in the equipment passes to the purchaser will be recorded in the applicable sale agreement and will be subject to applicable law.

20. TRADE-IN EQUIPMENT

Where a trade-in forms part of the transaction, the agreed trade-in value and relevant condition requirements must be recorded in writing. The trade-in value may be subject to inspection and confirmation of the condition and specification agreed at the time of valuation.

21. PRECISION FARMING / ELECTRONIC EQUIPMENT

GPS equipment, monitors, receivers, displays, subscriptions, software licences, activation codes and other precision-farming equipment are included only where specifically stated on the quotation or sales agreement.

22. PURCHASER ACKNOWLEDGEMENT

By signing the quotation or sales agreement, the purchaser confirms that they have:

– Read and understood the applicable terms and conditions;

– Had the opportunity to inspect and/or test the equipment;

– Received the equipment specification and agreed inclusions;

– Been informed of any disclosed defects or outstanding work;

– Confirmed the agreed purchase price and VAT treatment; and

– Agreed to the written terms of the sale.

23. APPLICABLE LAW

These terms and conditions are subject to the applicable laws of the Republic of South Africa, including applicable consumer protection and other legislation. Where there is any conflict between these terms and a mandatory legal requirement, the applicable legal requirement will prevail.

24. ENTIRE AGREEMENT

The quotation, sales agreement and any written schedules or documents specifically incorporated into the agreement constitute the agreed terms of the sale. Any amendment or additional agreement should be recorded in writing and authorised by the relevant parties.