Version 2022 revision 1
The purpose of this “Vehicle Terms of Sale” is for the Buyer to understand the process and also the type of transaction he/she is getting into when purchasing a vehicle through Red Sun Imports.
|1.01||The Seller will send a link to the inventory page to the Buyer where all the vehicle’s most recent photos, condition and information is kept. The Buyer is free to ask as many questions as possible on the process and condition to the Seller.|
|1.02||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.|
|1.03||The Seller will send a link to this Vehicle Terms of Sale page (www.redsunimports.com/termsofsale) to the Buyer where all the sale conditions are mentioned. The Buyer is free to ask as many questions as possible to the Seller.|
|1.04||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.|
|2.01||In exchange for the Vehicle, on the day of the actual delivery of the Vehicle, the Buyer will pay-off the Seller the total purchase price of the Vehicle by wire transfer, deposit on account or cash.|
|2.02||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.||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. |
Quotations for financing can be requested. These will be sent via email to the client.
|3.02||Acceptable forms of payment are:|
– Cash (By appointment only)
– Online Bank transfers.
|3.03||Vehicles that are on the way to Aruba can be reserved 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.
|3.04||Reservation that is cancelled for any reason by the buyer before the actual delivery date is subject to a Fls. 1,000.00 penalty fee regardless of the amount deposited.|
|3.05||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.|
|3.06||Reservation fee and other deposits made are not refunded due to shipping delay reasons.|
|3.07||Special order(s) and vehicle(s) ordered on behalf of the buyer from a buyer’s supplied source cannot be cancelled or refunded once the order is placed by Red Sun Imports. No refunds will be given when these types of orders are cancelled.|
|3.08||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.
|3.09||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.|
|3.10||All delays in the agreed payment schedule shall be subject to item 2.5.|
|3.11||Refunds are made by bank transfers only.|
|4.||SELLER’S REPRESENTATIONS AND WARRANTIES|
|4.01||The Vehicle is free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever.|
|5.||VEHICLE SALE CONDITION & OTHER WARRANTIES|
|5.01||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, regarding the condition of the Vehicle.|
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.
|5.02||The vehicle being a used one, might have a known or hidden repair history and that it might come with additional minor imperfections and defects that does not affect the safe operation of the vehicle. The nature of such a used vehicle might include minor imperfections, but are not limited to the following: 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.|
|5.03||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.|
|5.04||The Buyer shall understand that additional maintenance and/or repairs might incur delays in the delivery time of the vehicle, depending of the workload of the maintenance shop and/or logistics issues of importing parts from other countries. This last part is not controllable by Red Sun Imports.|
|5.05||Issues such as AC not working properly, power window buttons, leaking shocks, extensive damages on the body of the vehicle not noted in photos will be resolved by the seller prior to delivery of the vehicle. Article 5.04 applies here also.|
|5.06||All vehicles will undergo a simple wash and inside cleaning before delivery.|
|5.07||All vehicles will be delivered without being 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).|
|5.08||All 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.
|5.09||All RHD vehicles imported from Japan will come equipped with a radio that is not compatible in our 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.|
|5.10||Upon delivery of the vehicle, 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.|
|5.11||Vehicles do not come with the 4 license plate screws. The size is M6 x 1.0 and can be bought at any hardware store.|
|5.12||As it is a used vehicle, there is a risk that issues might arise after delivery of the vehicle. Any issues needing repair that may arise after taking ownership of the vehicle are at the sole responsibility of the Buyer.|
|5.13||The Seller neither assumes, nor authorizes any other person or entity to assume on its behalf, any liability in connection with the sale of the Vehicle.|
|5.14||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. Section 1 applies also.|
|5.15||Red Sun Imports is not responsible for a vehicle’s condition when it is ordered from the buyer’s supplied source.|
|6.01||Shipping times & customs clearance are not in control of Red Sun Imports. There might be delays due to transit times, act of god, 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 21 days delay after the estimated date given initially on the invoice. Red Sun Imports will do it’s best to regularly check with the shipping agent.|
|6.02||Vehicles transported during the hurricane season (June till November) might incur extra delays in transit time due to weather.|
|6.03||Shipments arriving in December might incur delays up to 14 days delay due to high traffic volume.|
|6.04||Shipping updates are given when available to the customer or when requested via WhatsApp.|
|7.||DELIVERY OF THE VEHICLE|
|7.01||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.|
|7.02||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. Article 3.08 also applies.|
|8.||CONVEYANCE OF OWNERSHIP / TITLE|
|8.01||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 sale, a signed receipt of additional payments (when applicable), the original Title/ Export Certificate, a copy of the seller’s ID, a copy of the Aruba Chamber of Commerce registration.|
|8.02||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 number.|
|8.03||Transfer of ownership and vehicle release from the Seller to the Buyer shall be until the Vehicle is paid in full.|