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Terms & Conditions

Please read the below terms and conditions to understand the process of selling your car through us.

SERVICE DESCRIPTION

The Seller wishes to sell the automotive vehicle(s) (a “Vehicle”) through Motorgy (E-Business Arabia Co), via the Motorgy electronic platform (website and apps) and/or other platform or mechanism from time to time operated by Motorgy or its affiliates.

The Seller agrees and acknowledges that they may be required to sign other documentation in respect of the Services and the transfer of any Vehicle, including any official legal or regulatory transfer documents, vehicle registration transfers.

The seller agrees and acknowledges that Motorgy is acting as a “Disclosed Agent” for them, meaning that Motorgy acts in the name of and on behalf of a Seller and for the benefit of such Seller in such cases where the vehicle is sold through Motorgy but Motorgy is neither the buyer and never the owner of the vehicle.

Motorgy reserves the right to refrain from providing an offer at any time at its discretion and has the right to withdraw an offer at any time at its discretion .

INSPECTION ON SITE

Our professional and experienced team of car inspectors will evaluate the condition of your car and complete an appraisal form and take photographs, which will be available only to potential buyers on our platforms.

MAKING A CASH OFFER

After your car has been inspected by our experienced car inspector, we will get you the best current market place offer taking into account your current car condition and features. Motorgy reserves the right to refrain from submitting an offer at any time upon its discretion. 

VEHICLE DETAILS

The Seller represents and warrants on the date of the Seller Agreement and immediately prior to vehicle registration transfers that the vehicle details stated in your submission, or as otherwise provided to Motorgy, are true, accurate, and not misleading.

CONTRACT TO SELL THE VEHICLE   - SELLER AGREEMENT (SA)

If you agree to go ahead with the final offer given to you after a complete physical inspection of your car, you will have to sign a legally binding contract - Seller Agreement - with us to complete the deal. You are free to decline our offer if you are not comfortable with the price. Once you have signed the contract with us, you are expected to hand over the car keys and all car-related documents to us. This is a legally binding contract and after it is signed you will not be able to decline the offer. From our side, we will not change the price after you have signed the contract. However, if in future if we discover any additional major faults in the vehicle which were not noticed at the time of inspection, then we reserve the right to withdraw the offer or reduce the price. If for whatever reason, we find that vehicle details stated in your submission or otherwise provided are not true, accurate, or are misleading, we will withdraw the offer. 

WARRANTIES OF THE SELLER

The Seller represents and warrants on the date of the Seller Agreement and immediately prior to vehicle registration transfer, and undertakes, as follows:

  • a. the Seller is the legal and sole owner of the Vehicle;
  • b. the Vehicle is not subject to any joint ownership arrangements;
  • c. the Seller has full power and authority to sell and transfer registration of the vehicle to the Buyer and, where relevant, it has obtained all authorizations and has taken all corporate actions necessary in order to enter into the Seller Agreement and these Terms and to perform its obligations hereunder;
  • d. the Vehicle is registered in Kuwait in accordance with applicable law;
  • e. all fines, penalties, endorsements and the like have been paid on the vehicle and removed by the relevant Licensing Authority, the governmental or regulatory body;
  • f. the Vehicle is free from all liens, charges, mortgages, security interests, encumbrances or other claims (including any loans), except where such claim is fully and accurately disclosed by the Seller to the Buyer in the Seller Agreement or otherwise in writing;
  • g. the odometer reading on the Vehicle is true, accurate and not misleading and has not been altered, amended or tampered with at any time;
  • h. there are no court orders, legal claims or proceedings, whether alleged, claimed or otherwise, against the Vehicle (including by the estate of a deceased person) or against the Seller which may affect the Seller’s ability to fulfill its obligations under the Seller Agreement or these Terms; and
  • i. any Vehicle reports that relate to the maintenance and reliability of the Vehicle are true, accurate, and not misleading to the best of the Seller’s knowledge having made reasonable inquiries.


VEHICLE INSPECTION

Prior to any offer to purchase a vehicle and/or any purchase by a Buyer of a Vehicle, the Seller agrees that Motorgy, the relevant Buyer and/or any third party nominated by Motorgy and/or the relevant Buyer shall be entitled to perform one or more inspections of such Vehicle. During the inspection and at all times until completion of the registration transfer of the Vehicle from the Seller to the Buyer, risk in respect of such Vehicle shall remain with the Seller.

Motorgy, the relevant Buyer and/or any third party nominated by Motorgy and/or the relevant Buyer who carries out a Vehicle inspection shall not be liable for any losses, damages, liability, costs (including legal fees) and expenses incurred by the Seller and which may arise as a result of any inspection carried out, irrespective of the cause.

DELIVERY AND TITLE

The Seller shall deliver the vehicle to such location as instructed and required by Motorgy from time to time in order to perform the Services.

When instructed by Motorgy, the Seller shall promptly take all actions that are necessary to ensure that title to the Vehicle transfers successfully from the Seller to the Buyer, including but not limited to the execution of all documents required to complete the vehicle registration transfer of the Vehicle to the Buyer at the relevant vehicle licensing authority.

The Seller shall where requested by Motorgy, or the Buyer, and only if applicable, provide evidence of their own purchase of the vehicle.

Title to and risk in the Vehicle shall transfer from the Seller to the Buyer when the transfer of ownership is recorded and verified in the system operated by the relevant Licensing Authority.

Until Title Transfer and possession in the Vehicle has passed to the Buyer, the Seller shall: (i) take all reasonable care of the Vehicle and keep it in the condition it was in when inspected pursuant to paragraph 5; (ii) unless otherwise agreed with Motorgy in writing, keep the vehicle insured in accordance with applicable law; and (iii) inform Motorgy immediately if any of the representations, warranties and undertakings provided, or the Seller has a reasonable belief shall become, untrue.

Time shall be of the essence in relation to the performance by the Seller of its obligations.

PAYMENT METHOD

Motorgy will process payment via check or bank transfer from the Seller directly or indirectly within three business days from the vehicle registration transfer date. Motorgy will not be held responsible for any delay in payments due to bank or administrative error.

SELLER RELEASE INDEMNITY

The Seller shall indemnify, and keep indemnified, Motorgy, its affiliates and their respective officers, directors, employees, representatives, and agents from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by Motorgy as a result of or in connection with: (i) the Seller’s breach of any of the Seller’s obligations under the Seller Agreement or these Terms; (ii) the representations and warranties provided by the Seller, or any other information provided by the Seller to Motorgy or a Buyer pursuant to the Seller Agreement or these Terms, being untrue or misleading; (iii) any injury to or sickness, disease or death of any person engaged by Motorgy, the relevant Buyer and/or any third party, or any loss of or damage to any property of Motorgy, the relevant Buyer and/or any third party, and (iv) the Vehicle being in the possession of Motorgy or the Buyer prior to the transfer vehicle registration.  Motorgy never guarantees the sale of any vehicle and will not be held liable for any vehicle that is not sold at any stage. 

FORCE MAJEURE

Neither party shall be liable to the other if they are delayed in or prevented from performing their obligations due to any event or sequence of events beyond such party’s reasonable control (“Force Majeure”), provided that it: (i) promptly notifies the other of the Force Majeure event and its expected duration; and (ii) uses all reasonable endeavors to minimize the effects of that event.

If, due to Force Majeure, a party: (i) is or shall be unable to perform a material obligation; or (ii) is delayed in or prevented from performing its obligations for a continuous period exceeding fifteen days, the other party may, within thirty days, terminate the Seller Agreement or these Terms on immediate notice.

GOVERNING LAW AND JURISDICTION

These Terms and the Seller Agreement shall be governed by the law of the State of Kuwait.

FEEDBACK

For any feedback queries, you can write to us at info@motory.com The above information tells you the terms on which you may sell your car through us. Before you enter your details with us, please read the above terms and conditions carefully. If you wish to sell your car through us, you agree to be bound by the above terms.