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General Terms and Conditions
DAF Used Trucks
DAF Used Trucks* General Terms and Conditions
1. Purchase Price, Payment
1.1. The Buyer shall pay the Seller as the purchase price for the Vehicle(s) the amounts specified in the invoice issued by the Seller.
1.2 The Buyer shall pay the purchase price to Seller immediately but ultimately within one (1) week following the date of the invoice by remittance to the Seller’s bank account. The only exception to this is where extended payment terms are in place which have been approved in advance by the Seller or where the Vehicle will be paid for using proceeds from a wholesale funding facility provided by the Seller. Payment of the purchase price by the Buyer to the bank account of the Seller is deemed to be agreement in full to the terms and conditions herein. The Seller shall be entitled to delay delivery of the Vehicle(s) until after receipt of the purchase price.
1.3 All amounts due pursuant to this agreement shall be paid by the Buyer to Seller in full and without any deduction under whatever title and Buyer shall not be entitled to assert any credit setoff or counterclaim against the Seller in order to justify withholding payment of any such amount in whole or part.
2. Delivery, Transfer of Ownership Title
2.1 The Seller shall deliver the Vehicle(s) and transfer the ownership in the Vehicle(s) to the Buyer in such a manner as the Seller shall determine.
2.2 The Vehicle(s) shall remain under the sole and absolute ownership of the Seller until such time as the Buyer shall have paid in full to the Seller the agreed price and any additional charges for the Vehicle(s).
2.3 Delivery dates and delivery periods will always only be deemed to be estimates and never be or construed to be absolute deadlines.
3. Technical Condition
3.1 The Buyer acknowledges the Vehicle is a used vehicle and that it is solely up to the Buyer to inspect the technical condition of the Vehicle, if the Buyer considers this to be an essential condition for his the purchase of the vehicle(s) to proceed.
3.2 The Seller and Buyer expressly agree that the Seller will deliver the Vehicle(s) to the Buyer in the technical condition the Vehicle(s) will have at the moment of delivery. The Buyer agrees that the Seller has not given, neither expressly nor implicitly, any warranty with respect to the operational use or merchantability of the Vehicle(s) and, in so far necessary, the Buyer declares to waive any and all rights to claims for damages from Seller based on the technical condition of the Vehicle(s).
3.3 The Buyer agrees that any reference to Kilometres on the invoice is not warranted or confirmed by the Seller.
4.1 In case the Buyer is a reseller, buyer shall in no event, directly or through any intermediary, sell the Vehicles to customers or into countries that fall under the scope of a US or EU trade embargo or in any other way, in relation to the Vehicles, directly or indirectly violate any applicable national or international legislation or generally accepted norms.
Furthermore, when such an embargo applies, Seller does not assume any liability and Buyer cannot claim any indemnity, reimbursement or compensation of any kind arising out of or in connection with the effects of the applicable trade embargo.
* DAF Used Trucks is the label for DAF Truck N.V. and its subsidiaries and PACCAR Financial Europe B.V. and its subsidiaries (PFE), under which the DAF used trucks are sold. (1 November 2019)