Scheckterspeed.co.za
terms & conditions

By using our Website and/or our services, you agree that the following terms and conditions will apply to such usage:
1. Interpretation:
In these terms and conditions, unless the context indicates a contrary intention, words and expressions defined shall bear the meanings assigned to them and cognate expressions bear corresponding meanings
1.1 “Offer” means an offer made by an Offeror to the Seller to purchase a Vehicle from a Seller who utilizes the Website to sell such Vehicle;
1.2 “Offeror” means a person who has registered on the Website who makes an offer to the Seller to purchase a vehicle utilizing the Website;
1.3 “person” means any person, company, close corporation, trust, partnership or other legally recognized entity;
1.4 “Purchase Price” means the purchase price (inclusive of VAT) which has been accepted by the Seller as payable for the Vehicle at the expiry of the offer period for that Vehicle;
1.5 “Purchaser” means the offeror with the highest or best Offer which is accepted by the Seller in respect of a Vehicle at the expiry of the offer period for that Vehicle;
1.6 “Sale Agreement” means the agreement concluded between the Seller and the Purchaser pursuant to the Seller accepting an Offer;
1.7 “Seller” means a person loading its Vehicle on the Website for the purposes of receiving Offers;
1.8 “VAT” means value-added tax as levied from time to time in terms of the Value-Added Tax Act, 1991, as amended;
1.9 “Vehicle” means the vehicle(s) loaded by the Seller on the Website;
1.10 “Website” means www.scheckterspeed.co.za; and
1.11 “Scheckterspeed”/“we”/“our” means Scheckter Speed (Pty) Ltd, registration number 2021/757535/07
2. General
2.1 These terms and conditions govern your use of the Website and/or our services.
2.2 The services provided via the Website are in respect of vehicles that are registered in South Africa only.
2.3 The Website works as a platform to enable the Seller to procure Offers for its Vehicles from registered Offerors with a view to selling the Vehicle to the Offeror with the highest Offer for the Vehicle.
2.4 The highest offer at the expiry of the Offer process will be presented to the Seller for acceptance. The Seller is not obliged to accept the highest Offer (or any Offer), unless the Seller is a Private Car Owner, has set a reserve price, and the reserve price has been matched or exceeded.
2.5 Unless otherwise agreed to between the Seller, Offeror and/or Purchaser:
2.5.1 Scheckterspeed is not conducting an auction and does not guarantee a minimum Offer or reserve price. Scheckterspeed merely provides a platform for Offerors to view Vehicles advertised by Sellers and allow Offerors the opportunity to make Offers for Vehicles if they wish to;
2.5.2 Loading the Vehicle on the Website is free of charge and an Offer made by an Offeror is also free of charge. The Offer does not constitute a valid and binding sale until such time as the Offer has been accepted by the Seller;
2.5.3 Should the Seller accept an Offer, the details of the Purchaser are disclosed to the Seller. No fee is payable by the Seller. Scheckterspeed receives a fee from the Purchaser on acceptance of an Offer.
3. True and Correct Information
Should you upload a Vehicle to the Website and make it available to Offerors, you hereby acknowledge that an Offer will be made based on the information provided by you. Accordingly, you hereby unconditionally warrant that all information provided by you is true accurate and correct.
4. Sale
4.1 Unless otherwise agreed between the Seller, Offer and/or Purchaser, a valid sale agreement will be entered into between the Seller and Purchaser immediately once the Seller accepts the Offer and the Seller will be deemed to have sold, and the Purchaser will be deemed to have purchased, the relevant Vehicle. Please note: The sale will be subject to the Purchaser inspecting the Vehicle being as described on the Website.
4.2 When you click to accept an Offer, legal obligations arise. You must not accept any Offer through this Website unless you understand and agree all our terms and conditions. Once an Offer is accepted, it is deemed that you have read and understood the terms and conditions of the Sale Agreement, available on our website or on request from info@scheckterspeed.co.za. If you have any queries, please contact us before transacting for any service through this Website.
4.3 Unless otherwise agreed to between the Seller, Offeror and/or Purchaser, an Offer from a Purchaser shall be open for acceptance by the Seller for 24 hours from receipt of the offer. If an Offer is not accepted by the relevant time, it shall lapse and cease to be of any further force or effect.
4.4 The Purchaser and the Seller will be responsible for arranging a time and place to:
4.4.1 Meet and inspect the Vehicle;
4.4.2 Pay the Purchase Price;
4.4.3 Complete all necessary documentation, including delivery of the original NATIS form to the extent that the Vehicle is not financed; and if financed by the bank, the dealership will get the NATIS from the bank.
4.4.4 Hand over of the Vehicle, together with all service books and spare keys; and NATIS if vehicle is not financed. And we shall have no further obligation in relation to the sale between the Seller and the Purchaser.
4.5 The Seller acknowledges that he may be required to travel to the relevant Purchaser’s dealership in order to conclude the sale of the Vehicle.
4.6 The Purchaser will be responsible for attending to the transfer of ownership, registration and roadworthy certificate. The payment of outstanding finance amounts may be made by the Purchaser directly to the financier, subject to satisfactory arrangements being agreed to, to protect both parties. Scheckterspeed shall have no obligation in this regard.
5. Indicative Valuation
5.1 Subject to a Seller entering true and accurate information relating to the relevant Vehicle on the Website, the Seller will receive an Transunion value range for its Vehicle. The estimated value range is merely an indicative value of the Vehicle and is to be used for information purposes only – this is no way a minimum Offer guarantee. Due to the fact that many Offerors may be making Offers on the Vehicle, the highest Offer may be at a higher value or lower value than the values in the indicative range and will be subject to the Purchaser inspecting the Vehicle and the Vehicle being in accordance with the Seller’s description thereof, as disclosed through the Website. The valuation of a Vehicle utilizing the Website does not in any way whatsoever constitute an Offer to purchase the Vehicle
5.2 Unless the contrary is agreed to between the Seller, Offer and/or Purchaser, the Seller may decide in its sole discretion whether to accept an Offer to sell its Vehicle utilizing the Website, but note that once an Offer is accepted, a legally binding contract of sale is created between the Purchaser and the Seller and the Seller shall be obliged to sell the Vehicle to the Purchaser on the terms and conditions contained in the Sale Agreement.
6. Period of Ownership and Paperwork
6.1 Unless the contrary is agreed to by the Purchaser, the Vehicle must be registered in the Seller’s name from the date on which such Vehicle is loaded on the Website.
6.2 A Purchaser shall not be obliged to purchase a Vehicle if any necessary and/or relevant and/or material documentation of the Vehicle is missing.
6.3 “person” means any person, company, close corporation, trust, partnership or other legally recognized entity;
7. User Rights
7.1 Activities or actions of users that make our service dysfunctional or otherwise frustrate our commercial endeavors are strictly prohibited
7.2 The Website shall not be used for any unlawful, speculative, false or fraudulent purpose.
7.3 Linking, integration or associating any other links to our service without the prior written consent of Scheckterdpeed is prohibited.
8. No Agency and Limitation of Liability
8.1 Scheckterspeed is only responsible for providing the platform for Sellers to procure Offers for Vehicles.
8.2 Scheckterspeed does not make any guarantee or promise that any Offer will be made in respect of any Vehicle. Scheckterspeed will make the Vehicle available to all prospective Offerors for consideration.;
8.3 The Seller, Offeror and Purchaser(s) are independent third parties and nothing contained herein shall be deemed to constitute a partnership, joint venture, or the like between them. Scheckterspeed is not the agent of any party for any purpose whatsoever and shall not be liable to any party for any act or omission in any way whatsoever. Each of the Seller, Offerors and/or Purchaser undertake not to make any representations which might induce the belief that a relationship of agency, joint venture, partnership, or employment exists between any of them and Scheckterspeed.
8.4 Scheckterspeed shall not be liable for any defects and/or functionality of the Website, or for the correct reproduction of the user-entered content or incur any liability in relation to a valuation estimate that may be provided.
8.5 Scheckterspeed shall not be liable to any person for any loss of whatsoever nature and howsoever caused arising from any conduct of the Seller, Offeror and/or the Purchaser, including but not limited to: the Seller and/or the Purchaser breaching any provisions of the Sale Agreement entered into between them and/or the Vehicle not being described accurately on the Website and/or the failure by the Purchaser to pay the Purchase Price of the Vehicle (in whole or in part) and/or any failure by the Seller and/or Purchaser to transfer the Vehicle and/or any other act or omission by the Seller and/or Purchaser.
8.6 Due to the nature of the Internet, access to the Website may occasionally be interrupted or restricted beyond our control. In addition, we reserve the right to interrupt access for purposes of repairs, maintenance or the introduction of new services.
8.7 Scheckterspeed shall not be liable for any damage caused to any user using the Website and/or by any third party, including the Seller, the Offeror and/or the Purchase, nor shall it be liable in any way for the accuracy and/or completeness of the information or content thereon. The use of the Website is completely at the user’s own risk.
9. No Warranty
9.1 Scheckterspeed does not give any warranty of any kind, whether express or implied, that is not recorded in these conditions.
10. POPI Consent / Data Protection Policy
10.1 The protection of personal data and privacy of users of our Website is taken very seriously by us. To ensure maximum protection, we comply with all legal requirements of data protection law in South Africa.
10.2 Please refer to our privacy policy available on www.scheckterspeed.co.za.
10.3 If you do not agree with our privacy policy, please do not use the Website.
11. Website Rights
11.1 All logos, texts, images and other data on our Website is subject to trademark protection and/or copyright.
11.2 The unauthorized use of our information, logos and/or trademarks and those of third parties that are represented on our Website is not permitted.
11.3 We reserve the right to:
11.3.1 Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you;
11.3.2 Change these terms and conditions from time to time. Continued use of the Website (or any part of) following such change/s shall be deemed to be your acceptance of such change.
11.4 We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be entitled to any compensation for loss and/or damages because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
12. Third Party Links
12.1 In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or from such websites or resources, nor for any damage, loss or offence cause or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
13. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
14. Contact
By utilizing the Website, you agree that we may contact you directly via any method, including, but not limited to email, telephone, WhatsApp and/or SMS.
15. Applicable Law
The law of South Africa shall apply to the use of this Website.