| RED SUN IMPORTS Vehicle Terms of Sale | Version 2023 revision 1.3 |
| 1. | ACCEPTANCE |
| 1.01 | The buyer agrees to have seen all the photos and information on the condition of the above Vehicle located in the inventory section of the website: (www.redsunimports.com/inventory), and thereby accepts the condition of the vehicle as seen on the photos and the descriptions provided. |
| 1.02 | Payment from the Buyer to the Seller can only proceed after the Buyer had agreed to both the vehicle’s condition and the terms of sale. |
| 2. | PURCHASE PRICE |
| 2.01 | The Total Price noted on the invoice (Vehicle Price plus BBO/BAZV and BAVP) is to be paid by the Buyer to the Seller for the Vehicle (the “Purchase Price”). |
| 3. | RED SUN IMPORTS STOCK: RESERVATIONS, PAYMENTS, PENALTIES, DEFAULTS & CANCELLATIONS |
| 3.01 | Red Sun Imports is not in the business of financing. This is the responsibility of the Buyer to arrange financing if needed. |
| 3.02 | Quotations for financing can be requested. These will be sent via email to the client. |
| 3.03 | Acceptable forms of payment are: – Cash (By appointment only) – Online Bank transfers. |
| 3.04 | Vehicles that are on the way to Aruba can be reserved for the Buyer. The reservation fee is paid in the form of a minimum deposit of Fls. 2,000.00 either cash or by bank transfer. This deposit also serves as a down-payment. A payment schedule is also agreed upon between the Seller and Buyer on the first invoice. The remaining balance of the total price, is due at the delivery of the Vehicle to the Buyer. |
| 3.05 | Reservations that are cancelled for any reason by the buyer before the actual delivery date are subject to a Fls. 1,000.00 penalty fee regardless of the amount deposited. |
| 3.06 | Reservation is only 100% refundable if there are issues with the vehicle relating to its safe operating condition and is not able to be resolved between the Seller and the Buyer during delivery. |
| 3.07 | No refunds will be issued due to shipping delays. |
| 3.08 | Vehicles order specifically for the customer from Red Sun Imports sources will have a Fls. 2000.00 penalty fee if this is cancelled by the customer. |
| 3.09 | Refunds are made by bank transfers only, no exceptions. |
| 3.10 | The vehicle is to be paid off within 7 days of the actual delivery date by means of cash/transfer/deposit. Cars not paid off after this period will be placed for sale and 100% of the deposit is billed as restocking / loss of sale fee. The Buyer shall notify the Seller as soon as there are impending issues when the buyer is not able to pay according to the agreed upon schedule. |
| 3.11 | All delays in the agreed payment schedule shall be subject to item 3.08. |
| 3.12 | The reservation/purchase process can be made 100% online if requested. The buyer will receive a signed pdf copy of the invoice via email. This copy will need to be electronically signed and returned to Red Sun Imports via email before the bank transfer is made. By making payment, the buyer agrees to purchase the vehicle and hereby agrees to the conditions of this contract. |
| 4. | VEHICLE SALE CONDITION: RED SUN IMPORTS’ STOCK |
| 4.01 | The Seller hereby notifies the Buyer, and the Buyer acknowledges and agrees, that the Vehicle is used and is being sold “As-Is”, without warranty of any kind, whether expressed or implied. |
| 4.02 | Used vehicles are not in perfect condition. They might have a known or hidden repair history, additional minor imperfections and defects that does not affect the safe operation of the vehicle such as: minor scratches, minor dents not seen in photos, paint issues (dry, discoloration, fine hairline scratches, re-painted), minor surface rust, missing interior plastic panel clips, low fuel, low to no battery power, noisy/grinding brake discs, missing spare tire and or tools. |
| 4.03 | Hybrid & electric vehicles: The battery health will be checked upon arrival in Aruba. |
| 4.04 | There is no warranty on battery health, however Red Sun Imports tries to acquire and import the best possible examples to the island. |
| 4.05 | If there are issues with battery health with the first owner of a hybrid vehicle bought from Red Sun Imports’ inventory, then the diagnostic charges and installation fees relating to hybrid/electric battery repair are waved. The cost and importation cost of battery modules, parts related to the battery system or new aftermarket battery packs are not waved. These will need to be covered by the customer. |
| 4.06 | To the best of the Seller’s knowledge, the information and facts disclosed to the Buyer on Red Sun Imports website regarding the Vehicle are true and correct in all material respects and that the vehicle is being sold and delivered in a safe and good mechanical operating condition. |
| 4.07 | Upon Arrival and prior to delivery, all vehicles are test-driven by the Seller for 15 minutes to ensure that they are in good and safe operating condition. At this time the final condition of the vehicle will be communicated to the Buyer. If there are additional issues, these will be communicated to the Buyer and coordination for repair will be performed by the Seller. All repair expenses will be covered by the Seller. A new delivery date will be scheduled between the Buyer and the Seller. |
| 4.08 | All RHD vehicles imported from Japan will come equipped with a radio that is not compatible in the Caribbean region, i.e., radio frequency is limited to 89.9 MHz, navigation/GPS, Bluetooth might not work etc. For this reason, the Seller does not inspect the radios if they work or not, as they are highly recommended to be replaced. |
| 4.09 | Issues such as AC not working properly, power window buttons, noisy wheel bearing, extensive damage to the body of the vehicle not noted in photos will be resolved by the seller prior to delivery of the vehicle. |
| 4.10 | Vehicles will come with unpolished paint and usually there will be additional small blemishes and fine scratches (especially on dark colors) that are not visible in the photos on the website. Red Sun Imports recommends the Buyer to have the vehicle polished to prevent deterioration of the vehicle’s exterior paint. |
| 4.11 | All vehicles will be delivered un-serviced. Red Sun Imports recommends the Buyer to perform a regular service of the vehicle (which includes changing the following: oil, oil filter, transmission oil, air filter, cabin AC filter). |
| 4.12 | The Buyer shall understand that additional maintenance and/or repairs might incur additional delays in the delivery time of the vehicle, depending on the workload of the maintenance shop and/or logistics issues of importing parts from other countries which can sometimes take up to 1 month. This last part is not controllable by Red Sun Imports. |
| 4.13 | If customer is pressed to take ownership of the vehicle without pending repairs, the seller will release the vehicle to the owner. All pending repairs and associated cost will fall under the buyer after the release, including also article 4.13 |
| 4.14 | All vehicles will undergo a simple wash and inside cleaning before delivery. |
| 4.15 | Upon delivery of the vehicle to the buyer, a visual inspection and a test drive is performed with the Seller and Buyer to confirm and accept that the vehicle is in good and safe mechanical operating condition. |
| 4.16 | Vehicles do not come with 4 license plate screws. The fastener size is metric size M6 x 1.0 and can be bought at any hardware store. |
| 4.17 | As the vehicle is a used one, there is a risk that issues might arise after delivery of the vehicle. Any mechanical issues needing repair that may arise after taking ownership of the vehicle after 3 days are the sole responsibility of the Buyer. |
| 4.18 | By making payment and/or signing the invoice, the Buyer hereby satisfies itself as to what is offered for sale, and by reserving and/or purchasing the vehicle; he/she will be held to have satisfied itself of the Vehicle’s condition in all respects. |
| 5. | VEHICLE SALES CONDITIONS: SPECIAL ORDERS / CUSTOMER REQUESTS FROM CUSTOMER’S SOURCE |
| 5.01 | Red Sun Imports is not responsible for a vehicle’s condition when it is ordered from the buyer’s supplied source. It’s the responsibility of the customer to do his/her due diligence in choosing a vehicle online. |
| 5.02 | By making payment and/or signing the invoice, the Buyer hereby satisfies itself as to what is offered for sale with the information given to him/her from the dealer online. |
| 5.03 | Once a vehicle is reserved and/or paid, this order cannot be cancelled. There are no refunds of any kind. |
| 5.04 | Any open sum payable to Red Sun Imports will have to be cancelled within 7 days of the vehicle’s arrival. Any open debt after this time will be referred to in-casso process, unless this is properly coordinated with Red Sun Imports. |
| 5.05 | The customer is welcomed to request Red Sun Import’s opinion on a particular vehicle; however Red Sun Imports does not decide for the customer when choosing a vehicle from the customer’s online source. |
| 5.06 | All used cars offered online are sold on the As-Is basis with no warranty. |
| 5.07 | Red Sun Imports always recommends the customer to purchase additional warranty when this is offered from a dealer online. |
| 5.08 | Red Sun Imports can assist the customer when claiming additional purchased insurance. |
| 5.09 | Red Sun Imports is not responsible for any delays in shipping. |
| 5.10 | Upon Arrival and prior to delivery, all vehicles are test-driven by the Seller for 15 minutes to ensure that they are in good and safe operating condition. At this time the final condition of the vehicle will be communicated to the Buyer. This process is only to inform the customer prior to delivery of the car. Red Sun Imports is not responsible for any malfunction of any kind of the vehicle nor is responsible for any repair. |
| 5.11 | All vehicles will undergo a simple wash and inside cleaning before delivery. |
| 5.12 | All vehicles will be delivered un-serviced. |
| 5.13 | Vehicles do not come with 4 license plate screws. The fastener size is metric size M6 x 1.0 and can be bought at any hardware store. |
| 6. | VEHICLE SHIPPING |
| 6.01 | Shipping times & customs clearance are not in the control of Red Sun Imports. There might be delays due to transit times, acts of God such as storms & pandemics, customs manpower scheduling, breakdown of equipment, weekends, holidays, other inefficiencies etc. Actual arrival dates may vary on average from 7 days earlier up to 30 days delay after the estimated date given initially on the invoice. Red Sun Imports will do its best to regularly check for updates with the shipping agent. |
| 6.02 | The Seller is not responsible for availability of space on cargo ships. |
| 6.03 | The Seller is not responsible for the speed of the Supplier in booking shipping. These vary from 30 to 120 days, depending on the market. |
| 6.04 | Vehicles transported during the monsoon/typhoon/hurricane season (June till November) might incur extra delays in transit time due to weather. |
| 6.05 | Shipments arriving in December might incur additional delays up to 14 days delay due to high cargo traffic volume on the island. |
| 6.06 | Shipping updates are given when available to the customer or when requested via WhatsApp. |
| 6.07 | By signing this Terms of Sale, the Buyer understands the risks relating the vehicle shipping process in this document. If the buyer keeps on pressing and harassing the Seller on shipping, the Seller can immediately issue a refund via bank transfer to the customer. The order and sale of the vehicle to this specific customer shall hereby be immediately cancelled. |
| 7. | DELIVERY OF VEHICLE |
| 7.01 | Vehicles are delivered in the sequence they were reserved. Priority is given to the customers go reserved their vehicle first. |
| 7.02 | The Buyer, either itself or through a third-party, shall appear at the Seller’s address via appointment within 7 days after the actual pick-up date to remove the Vehicle from the Seller’s address. Other arrangements can be planned before the delivery date. Red Sun Imports is not responsible for the vehicle if the buyer fails to pick up the vehicle after this date. |
| 7.03 | If the Buyer fails to appear at the Seller’s address after the agreed time frame, the risk of loss and damages to the Vehicle passes to the Buyer. If additionally, the vehicle is not paid off in the agreed timeframe, then article 3.11 also applies. |
| 8. | PARTS SUPPORT |
| 8.01 | Red Sun Imports assists only its current customers with quotations and import of either new or used original parts. |
| 8.02 | Current customers are only the first owners of vehicles bought from Red Sun Imports stock. Parts support does not apply to the second owner after the vehicle has been sold by the first owner. |
| 8.03 | Red Sun Imports does not assist in sourcing & importing aftermarket parts. |
| 8.04 | Red Sun Imports does not assist in sourcing & importing parts for cars not bought from its inventory. |
| 9. | CONVEYANCE OF OWNERSHIP |
| 9.01 | The Seller shall provide to the Buyer the following documents upon receipt of the total purchase price on the day of the sale: a signed copy of bill of salea signed receipt of additional payments (when applicable) the original or copy of the vehicle’s Title/ Export Certificatea copy of the seller’s IDa copy of the Aruba Chamber of Commerce registration |
| 9.02 | No customs documents or copies of import documents are given to the Buyer. This is due to the vehicle being imported under Red Sun Imports as a business and under its tax ID number and not the Buyer’s tax ID number. |
| 9.03 | Transfer of ownership and vehicle release from the Seller to the Buyer shall be until the Vehicle is paid in full. |
