Terms and Conditions

Africa Car Buyer is operated by:

AI Upstart Ltd Company number: 13849186 Registered office: 20-22 Wenlock Road, London, N1 7GU Trading as: Africa Car Buyer Website: https://africacarbuyer.com/ Email: support@africacarbuyer.com

In these Terms, “Africa Car Buyer”, “we”, “our” and “us” refer to the company identified above. “You”, “your”, “Customer” or “Buyer” means the individual or organisation requesting or purchasing Services from us.

Africa Car Buyer provides a vehicle sourcing, purchasing assistance and export coordination service primarily for customers wishing to acquire vehicles located in the United Kingdom for export overseas.

Depending on the particular transaction, our Services may include:

• locating vehicles matching your requirements;
• obtaining vehicle information from sellers, dealerships, auctions or other sources;
• arranging or coordinating vehicle history checks;
• arranging independent inspections;
• submitting offers or bids where expressly authorised by you;
• purchasing or facilitating the purchase of a vehicle on your behalf;
• collecting vehicles;
• arranging inland transportation;
• arranging storage;
• coordinating export documentation;
• arranging shipping through third-party shipping companies, freight forwarders or agents;
• providing transaction and shipping status information; and
• providing administrative assistance associated with the transaction.

Unless we expressly state otherwise in writing for a particular transaction, Africa Car Buyer acts as a sourcing and purchasing intermediary and not as the manufacturer of the vehicle, auction operator, shipping line, freight carrier, inspection company, customs authority or overseas vehicle dealer.

The precise capacity in which we act for a particular vehicle will be stated in the applicable quotation, order confirmation or invoice.

Where we obtain a vehicle from a third-party seller, auction house, dealer or marketplace on your instructions, information relating to that vehicle may originate from that third party. Unless expressly stated otherwise:

1. we do not manufacture the vehicle;
2. we do not control its previous use;
3. we do not control information supplied by a previous keeper or third-party seller;
4. we do not guarantee the accuracy of third-party auction or seller descriptions; and
5. our role is to exercise reasonable care and skill in providing the Services we have agreed to provide.

Nothing in these Terms excludes any rights that cannot lawfully be excluded.

You are responsible for providing complete and accurate requirements when requesting a vehicle. These may include:

• make;
• model;
• year;
• body type;
• fuel type;
• transmission;
• mileage range;
• colour;
• specification;
• maximum purchase price;
• maximum landed budget;
• destination country;
• destination port;
• age restrictions;
• emissions requirements;
• steering position;
• engine capacity restrictions; and
• any country-specific import requirement.

A vehicle matching some but not all preferences will not be purchased without your approval unless you have expressly provided us with discretion to purchase within an agreed set of parameters.

Unless stated otherwise, quotations are estimates based on information available at the time they are prepared. A quotation may contain some or all of the following:

• vehicle purchase price;
• auction buyer fees;
• seller fees;
• Africa Car Buyer service fee;
• inspection charges;
• collection charges;
• inland transportation;
• storage;
• documentation charges;
• port handling charges;
• freight;
• marine insurance where requested;
• payment processing charges;
• VAT where applicable; and
• other third-party charges.

Quotes may change where third-party costs change. In particular, freight rates, auction fees, foreign exchange rates, port charges, storage charges and customs-related expenses may change without notice. Unless specifically described as a fixed quotation, a quotation does not guarantee the final landed cost of a vehicle.

We will normally provide relevant information about a proposed vehicle before committing Customer funds. Depending on availability, this may include registration number, VIN or chassis number, photographs, mileage, auction report, seller description, MOT information, vehicle history information, inspection results, known defects, estimated purchase price and estimated shipping costs.

When you instruct us to buy, bid, secure, proceed or otherwise commit to the vehicle, that instruction constitutes your approval of that vehicle based on the information supplied to you at that time. Customer approvals submitted through the Website, customer portal, email, SMS, WhatsApp or another agreed electronic communication method may be treated as written authorisation.

Purchasing vehicles through an auction carries additional risks. By authorising an auction purchase, you acknowledge that:

• vehicles may be sold with limited warranties or no commercial warranty from the auction;
• auction descriptions may contain errors;
• inspections may be limited;
• mechanical defects may not be apparent from photographs or auction reports;
• vehicles may have been stored for prolonged periods;
• batteries, tyres, brakes or other consumable components may deteriorate;
• cosmetic condition is subjective;
• warning lights or faults may appear after purchase;
• auction houses may impose additional fees;
• once a successful bid has been made it may be legally or commercially impossible to cancel the purchase; and
• auction houses generally impose their own separate terms of sale.

Where you approve a maximum bid, you authorise us to bid up to that amount plus any clearly disclosed applicable auction fees, taxes and agreed charges. Once a bid has been successfully placed or an auction purchase becomes binding, you cannot cancel the vehicle purchase merely because you change your mind, except where applicable law gives you a non-excludable right to do so.

Many vehicles sourced through Africa Car Buyer are used vehicles. Age, mileage, previous use and price will therefore affect the reasonable condition expected of a vehicle. Used vehicles may exhibit scratches, stone chips, dents, paint variation, wheel damage, tyre wear, interior wear, mechanical wear, battery degradation, minor fluid leaks, worn consumable parts, corrosion appropriate to age, previous repairs or other age and mileage-related characteristics.

Where a known fault or defect has been specifically disclosed to you before purchase and you elect to proceed, you acknowledge that disclosed condition in making your purchasing decision. This clause does not remove statutory rights applicable to the transaction.

Where requested or included in the Service, we may obtain vehicle history information from third-party databases. Such checks may include available information concerning finance, insurance write-off status, theft records, mileage, registration history, MOT records and keeper information.

These databases are maintained by third parties. We cannot guarantee that every historical event, accident, repair, mileage discrepancy or other matter concerning a vehicle will appear in a database search. Our obligation is to exercise reasonable care and skill when obtaining and reporting checks we have agreed to perform.

Where an inspection is ordered, it may be undertaken by Africa Car Buyer personnel or an independent third-party inspection provider. The nature and scope of the inspection will depend on the inspection service purchased.

Unless explicitly included, an inspection is not a dismantling inspection, an engine strip-down, a gearbox strip-down, an engineering certification, a manufacturer's warranty, a guarantee against latent defects or a guarantee that the vehicle will never subsequently develop a fault.

An inspection records reasonably observable conditions at the time and within the scope of that inspection. Mechanical faults can occur after inspection, purchase, collection, transportation or storage. We strongly recommend that customers purchase the highest appropriate inspection level for vehicles of substantial value.

A deposit may be required before we commence sourcing, bidding, inspection, purchasing or other Services. The applicable quotation or payment request will specify the amount of the deposit, what the deposit covers and whether any element is refundable.

Once we have incurred costs, commissioned third-party services, entered an auction bid, secured a vehicle or otherwise commenced Services at your express request, amounts properly incurred may be deducted from any refund to the extent permitted by law. Money committed irreversibly to an authorised vehicle transaction cannot ordinarily be recovered simply because the Customer later changes their mind.

Our service fee compensates Africa Car Buyer for the sourcing, administration, purchasing assistance and/or coordination Services described in the quotation. The service fee is separate from the vehicle cost, auction fees, inspection costs, transportation, freight, customs duties, VAT, port charges and destination charges, unless the quotation expressly states otherwise.

Payments must be made using a payment method approved by us. Unless expressly agreed otherwise, cleared funds must be received before a vehicle is purchased, the vehicle is released, shipping documents are released or ownership documentation is transferred.

We may refuse third-party payments or require further identification before accepting them. You must not make a payment from an account belonging to another person without our prior approval. You are responsible for bank fees, exchange charges and intermediary banking fees associated with your payment unless otherwise agreed.

Because vehicle purchases can involve significant sums and cross-border transactions, we may carry out identity, fraud-prevention, sanctions, source-of-funds and other compliance checks. We may require:

• passport or other government-issued identification;
• proof of address;
• company registration information;
• beneficial ownership information;
• source-of-funds information;
• bank statements;
• proof of income or business activity;
• information concerning the intended vehicle recipient;
• destination information; and
• additional information reasonably required for legal or risk-management purposes.

You agree to provide accurate and genuine information. We may pause or refuse a transaction where satisfactory verification cannot be completed, information appears inconsistent, we suspect fraud, money laundering or financial crime, the transaction may violate sanctions, we believe the vehicle may be exported illegally or completing the transaction could expose Africa Car Buyer to regulatory or legal risk. Where law prevents us from explaining the reason for a compliance decision, we are not required to provide that explanation.

Africa Car Buyer may restrict or refuse cash payments. Where accepting cash would result in regulatory, anti-money-laundering or registration obligations, we reserve the right to require payment by bank transfer or another traceable electronic method. Attempting to split a payment into smaller payments to evade compliance requirements is prohibited.

You must not use Africa Car Buyer to purchase, transfer or export a vehicle in violation of UK sanctions, United Nations sanctions where applicable, applicable export controls, customs restrictions, destination-country restrictions or other applicable laws.

You confirm that neither you, the beneficial owner of the transaction nor the intended recipient is subject to applicable sanctions that prohibit the transaction. We may cancel, suspend or refuse any transaction where we reasonably believe sanctions or export controls may apply.

Unless we expressly agree in writing to provide a destination-country compliance service, the Customer is ultimately responsible for ensuring that the selected vehicle can legally be imported, registered and used in the destination country. Import requirements can include vehicle age limits, left-hand/right-hand-drive restrictions, emissions rules, engine-size restrictions, inspection certificates, roadworthiness standards, customs valuation rules, import licences, pre-shipment inspection, tax clearance, registration requirements and local standards.

Rules can change at short notice. Any general information supplied by Africa Car Buyer regarding foreign import requirements is provided as assistance and should not be treated as legal, tax or customs advice unless we expressly state that we are accepting responsibility for providing that advice.

Unless expressly included in writing, our prices do not include destination-country customs duty, import VAT, excise taxes, registration costs or local taxes. These amounts are normally payable by the Customer or vehicle recipient in the destination country. The Customer is responsible for determining and paying them.

Customs authorities may independently reassess vehicle values. Africa Car Buyer does not control customs valuations or government tax decisions.

Where included within our Services, we will take reasonable steps to provide or coordinate UK export documentation applicable to the transaction. Customers acknowledge that government agencies, sellers, auction houses, ports and other third parties may cause processing delays beyond our reasonable control.

Shipping may be provided by independent freight forwarders, shipping lines, port operators, transport companies and agents. Shipping methods may include Roll-on/Roll-off (“RoRo”), container shipping, shared container shipping or other freight arrangements.

Any sailing date, departure date, arrival date or transit period is an estimate unless expressly guaranteed in writing. Shipping schedules can change due to vessel availability, port congestion, weather, industrial action, customs inspections, carrier schedule changes, mechanical failures, geopolitical events, route changes, documentation issues, government intervention or force majeure events.

Africa Car Buyer is not responsible for delays caused solely by a third-party carrier or circumstances outside our reasonable control, provided we have exercised reasonable care and skill in arranging the agreed Services.

A vehicle is not automatically insured against every possible shipping loss merely because shipping has been arranged. Where marine or cargo insurance is available, we may offer it separately or identify it within the quotation.

If you decline available insurance, you accept the financial risks associated with uninsured loss or damage to the extent those risks are not legally attributable to Africa Car Buyer. Insurance policies may contain deductibles, exclusions, claim deadlines, valuation rules and documentary requirements. Any claim remains subject to the insurer's policy terms.

A vehicle may be driven, transported on a transporter or moved by another reasonable method during collection and logistics. Mileage may therefore increase slightly after purchase. Vehicles may also be moved around auction sites, onto and off transporters, around storage sites, within ports, onto vessels and during customs or inspection procedures. Such ordinary logistics mileage does not constitute a defect or misdescription.

Where a vehicle cannot proceed to the next stage because of unpaid Customer balances, missing Customer documents, delayed Customer instructions, customs issues attributable to the Customer, destination restrictions, failure to nominate a consignee or another matter within the Customer's control, storage charges may accrue.

We will inform you of applicable storage charges where reasonably practicable. The Customer is responsible for reasonable storage and associated costs caused by Customer delay.

If you fail to pay an amount when due, we may suspend Services after giving reasonable notice where appropriate. Depending on the stage of the transaction, this may result in storage costs, auction penalties, transport cancellation charges, shipping cancellation charges, port costs, loss of a shipping slot or other third-party charges.

You will be responsible for reasonable costs arising directly from your breach of the payment obligations, subject to applicable law. We reserve any lawful rights available to us in relation to unpaid vehicles or documents.

The point at which legal title to a vehicle passes will depend on the structure of the individual transaction and will be stated in the relevant purchase documentation where necessary. Where Africa Car Buyer temporarily purchases a vehicle as part of fulfilling an authorised Customer transaction, title does not pass merely because the Customer has paid an initial deposit unless expressly stated. Full payment may be required before ownership documentation is released.

Risk allocation will depend upon whether Africa Car Buyer is selling a vehicle directly to the Customer or arranging a purchase as intermediary. Where applicable consumer legislation determines when risk legally passes, those statutory rules take precedence over these Terms.

Where Africa Car Buyer merely arranges transportation of a vehicle already owned by the Customer, risk associated with transport may additionally be governed by the relevant carrier's terms and any insurance policy obtained.

We may use third parties to provide elements of the Services, including auction houses, vehicle dealerships, independent sellers, inspection companies, vehicle history providers, recovery companies, transporters, freight forwarders, shipping lines, port operators, customs agents and payment providers.

We remain responsible for obligations which the law requires us to perform. However, Africa Car Buyer does not guarantee the independent performance of a third party where that third party provides a separate service directly to the Customer and Africa Car Buyer is not legally responsible for its acts or omissions.

If you are a consumer purchasing Services online or at a distance, applicable consumer legislation may give you a cancellation period. Where you expressly ask us to begin providing sourcing or other Services before the cancellation period has expired, you agree that we may begin work immediately.

If you subsequently exercise a lawful cancellation right after work has begun at your request, you may be required to pay a proportionate amount for Services already supplied, where the law permits. If our Service has been fully performed following your express request and acknowledgement in circumstances where applicable law provides that your cancellation right ends upon complete performance, the statutory cancellation right may cease.

Nothing in these Terms removes any cancellation right which applicable law says cannot be excluded.

A request to cancel our Services is different from cancelling a vehicle transaction. Once, on your authority, an auction bid has become binding, a dealer has accepted an offer, a vehicle has been paid for, a non-refundable deposit has been paid to a seller, shipping has been irrevocably booked or another legally binding commitment has been entered into, Africa Car Buyer may be unable to reverse that commitment.

You will remain responsible for authorised third-party costs and commitments to the extent permitted by law. Where possible, we may attempt to mitigate the Customer's losses, but we do not guarantee that the vehicle can be returned, resold or cancelled.

Where a refund is due, it will normally be returned using the original payment method or to a verified bank account in the Customer's name. Refunds may be reduced by amounts which have already been properly paid to third parties, are contractually non-refundable, relate to Services already properly performed, represent reasonable cancellation costs or otherwise may lawfully be retained.

This does not restrict statutory refund rights.

Where payments, vehicle purchases or shipping costs involve more than one currency, foreign exchange fluctuations may affect the final price. Unless expressly fixed in writing, Africa Car Buyer is not responsible for losses caused solely by currency movements.

Where Africa Car Buyer incurs foreign exchange or banking charges specifically for the Customer's transaction, these may be charged to the Customer if disclosed or reasonably incurred under the agreed transaction.

Vehicle photographs can be affected by lighting, image compression, screen settings, camera angle, reflections, dirt, weather conditions and image resolution. Photographs should therefore be considered together with inspection reports and other information provided. Minor differences between photographic appearance and physical appearance do not automatically constitute misdescription.

Mileage displayed on our Website or communications will normally be based upon information obtained from the vehicle, seller, auction provider, MOT history or third-party data provider. Unless we explicitly state that mileage has been independently verified, mileage figures should not be interpreted as an independent guarantee by Africa Car Buyer.

Where we identify a material mileage discrepancy, we will disclose it before purchase where reasonably possible.

Used vehicles do not necessarily include two keys, service books, owner's manuals, charging cables, spare wheels, toolkits, parcel shelves, navigation media or other accessories originally supplied when new. Only items specifically confirmed as included form part of the agreed specification.

Unless expressly stated in the individual transaction documents, Africa Car Buyer does not provide an additional commercial mechanical warranty merely by arranging the sourcing of a vehicle. A vehicle may nevertheless benefit from a remaining manufacturer warranty, seller warranty, third-party warranty or statutory rights. Nothing in this clause removes rights the Customer has under applicable law.

If something goes wrong, you should contact us promptly at support@africacarbuyer.com. Please provide your name, order/reference number, vehicle registration or VIN, description of the problem, supporting photographs or documents and the resolution you are seeking.

We will investigate complaints fairly and within a reasonable period. Where a complaint relates to shipping damage, auction condition or another time-sensitive third-party claim, you should inform us as soon as reasonably possible so that relevant evidence can be preserved and applicable claim deadlines can be met.

You agree:

1. to provide accurate information;
2. not to impersonate another person;
3. to provide legitimate payment;
4. not to use our Services for unlawful purposes;
5. to comply with applicable import and export law;
6. to respond reasonably promptly where instructions are required;
7. to review vehicle information before approving a purchase;
8. to disclose any material destination-country restriction you know applies;
9. to provide identification and compliance documents when reasonably requested; and
10. not to instruct us to falsify invoices, purchase prices, vehicle information, ownership details, customs values or shipping documents.

We will refuse any request to deliberately misstate a vehicle's value or transaction price to customs or another authority.

You must not use the Website or Services fraudulently, for money laundering, for sanctions evasion, for tax or customs evasion, to export prohibited goods, using stolen funds, using false identity documents, to interfere with our systems, to scrape protected information without permission, to distribute malware or in any other unlawful manner. We may immediately suspend an account reasonably suspected of such activity.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liabilities or statutory consumer rights that cannot lawfully be excluded.

Subject to those protections, Africa Car Buyer will not be responsible for losses which were not reasonably foreseeable when the contract was entered into; arise from inaccurate information supplied by the Customer; arise from the Customer's failure to comply with destination-country laws; result solely from action by customs, tax or government authorities; arise from a third party for whose acts Africa Car Buyer is not legally responsible; result from Customer delay or failure to provide instructions; or arise from events outside our reasonable control.

Where you purchase Services wholly or mainly for business purposes, additional business-specific liability restrictions may be included in the applicable business quotation or contract.

If you purchase Services wholly or mainly for purposes relating to your trade, business, craft or profession, you are a Business Customer. For Business Customers, to the fullest extent permitted by law:

• implied terms which may legally be excluded are excluded;
• neither party will be liable to the other for indirect or consequential loss;
• Africa Car Buyer will not be liable for loss of profit, business, revenue, anticipated savings or business opportunity; and
• unless otherwise expressly agreed, our aggregate liability arising from a particular transaction will not exceed the total Africa Car Buyer service fees paid for that transaction, except where such limitation would be unlawful.

This Business Customer limitation does not apply to consumers.

We will not be in breach of contract for delay or failure caused by an event outside our reasonable control. Such events may include natural disasters, severe weather, flood, fire, war, civil disturbance, terrorism, epidemic or pandemic, cyberattack on critical third-party infrastructure, industrial action, port closure, shipping disruption, government action, sanctions changes, customs intervention, power failure, telecommunications failure or major transport disruption. We will take reasonable steps to minimise the effect of such events.

We aim to maintain reliable Website availability but do not guarantee uninterrupted access. The Website may occasionally be unavailable due to maintenance, security work, upgrades, cloud service failures, telecommunications problems or other technical issues. A temporary Website outage does not affect contractual obligations already entered into by either party.

You are responsible for keeping your login credentials secure. You must notify us promptly if you believe your account has been compromised, your password has been disclosed or an unauthorised person has issued purchasing instructions from your account. We may suspend access where reasonably necessary to protect the Customer or Africa Car Buyer.

You agree that transaction documents and communications may be sent electronically. These may include quotations, invoices, inspection reports, purchase approvals, receipts, shipping updates, vehicle documentation and contractual notices. You are responsible for keeping your email address and telephone number current.

We process personal information in accordance with our Privacy Policy. Certain information may need to be shared with third parties involved in fulfilling your transaction, including vehicle sellers, auction providers, inspection providers, payment providers, transport companies, freight forwarders, shipping lines, customs agents, government bodies and fraud-prevention or compliance providers.

International transactions may necessarily involve transmitting relevant information outside the United Kingdom in accordance with applicable data-protection requirements.

The Website, branding, logo, written materials, graphics, software and other original content belonging to Africa Car Buyer are protected by applicable intellectual-property laws. You may not copy, reproduce, commercially exploit or redistribute protected Website content without our permission except where permitted by law.

If you submit a review, testimonial or other content to us, you confirm that it is truthful and does not infringe another person's rights. We will not knowingly publish fabricated customer reviews. Where you separately consent, we may use Customer photographs or testimonials for promotional purposes.

We may update these Terms from time to time to reflect legal changes, regulatory requirements, changes to our Services, operational changes or improvements to customer protection. The Terms applicable to a particular transaction will normally be those accepted when that transaction was entered into. Changes will not retrospectively remove contractual or statutory rights already acquired.

You may not transfer your rights under an active vehicle transaction to another person without our written consent where doing so would materially affect our compliance or contractual obligations. We may transfer our rights or obligations as part of a genuine business restructuring or transfer provided this does not reduce a consumer's legal rights.

If a court or competent authority determines that part of these Terms is unlawful or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary. The remaining provisions will continue in effect.

If we do not immediately enforce a contractual right, this does not mean that we have waived it. Similarly, a decision to make an exception for one Customer or transaction does not oblige us to make the same exception subsequently.

These Terms, together with the accepted quotation, vehicle purchase approval, invoice, Privacy Policy, applicable inspection documentation and any other expressly incorporated transaction document, form the agreement between you and Africa Car Buyer for the relevant Services.

For consumers, nothing in this clause excludes legally binding statements or representations on which the Customer is entitled by law to rely.

Unless expressly stated otherwise, a person who is not a party to the agreement does not have a right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

These Terms and contracts entered into under them are governed by the laws of England and Wales. If you are a consumer resident elsewhere in the United Kingdom or another jurisdiction, you may also benefit from mandatory protections of the law applicable to you which cannot lawfully be excluded.

The courts of England and Wales will have jurisdiction over disputes arising from these Terms, subject to any mandatory rights consumers may have to bring proceedings in another applicable jurisdiction.

Questions regarding these Terms may be sent to:

Africa Car Buyer AI Upstart Ltd 20-22 Wenlock Road, London, N1 7GU Email: support@africacarbuyer.com Website: https://africacarbuyer.com/