Terms of Trade
Terms and Conditions
Clause 1: Applicability of Terms
By clicking on the the terms of trade and completing the User Profile, the User agrees to the following as legal and binding terms of trade.
Motor Grupo Co., Ltd hereby establishes the following terms of trade (hereinafter referred to as (the) "Terms of Trade”) for persons utilizing Motor Grupo's sales service and for New and Used cars and other items (hereinafter referred to as “(the) "User" and (the) "Service" respectively).
Clause 2: Scope of and Changes to the Terms of trade
1. The Terms of Trade (as in effect from time to time) will apply to all transactions between Motor Grupo and the User relating to the service.
2. Motor Grupo reserves the right to modify the Terms of Trade from time to time.
Clause 3: User Notification
1. Except as otherwise stipulated in the Terms of Trade, the User shall receive notifications from Motor Grupo via e-mail, via general postings on the service website, or by other means deemed appropriate by Motor Grupo.
2. Where notification is given by e-mail, said notification is deemed complete when the e-mail is sent to the User last known e-mail address as provided to Motor Grupo at the time of application or subsequently.
3. Where the notification is carried out via general postings to the service website, notification is deemed complete once it has been posted to the website for general access by the User.
4. The User is responsible for perusing notifications from Motor Grupo made be e-mail without delay. Motor Grupo will not be liable for the User failure to do so.
Clause 4: Applicable Laws, etc.
1. The Terms of Trade are governed by the laws of Thailand.
2. Only the English version of the Terms of Trade shall have legal effect.
Clause 5: Court Holding Jurisdiction
1. Should any dispute between the User and Motor Grupo occur with regard to the service and/or any contracts concluded through the service, the parties agree to attempt to settle any such dispute in a sincere manner through discussion.
2. If the dispute cannot be resolved through discussion between the parties, either the Bangkok District Court or the Bangkok Summary Court shall have original, non-exclusive jurisdiction over the dispute.
Clause 6: Prerequisites for Utilizing the Service
The User is solely responsible for obtaining and operating the equipment necessary to utilize the service.
Clause 7: Making Changes to Registration Information
1. Should changes occur in the User information such as name, address, telephone number, and other information provided to Motor Grupo, User must report any such changes to Motor Grupo immediately and update the User profile associated with the User.
2. Motor Grupo shall not be liable to the User or any third party by reason of the failure to inform Motor Grupo of changes in User information.
Clause 8: Restrictions
The service is available to the User or prospective User acting in good faith for the purpose of legitimate business transactions. Any actions of the User which do not meet such requirement shall entitle Motor Grupo in its sole discretion to withdraw the service from that User and to recover damages for any wrongful act of the User.
Clause 9: Proprietary Information
The User may not utilize any information or records available via the service by any means whatsoever without the permission of Motor Grupo for any purpose other than business transactions with Motor Grupo.
Clause 10:
1. The User who wish to obtain an estimate for new or used cars or other items (hereinafter referred to as “goods”) sold through the service can request the estimate via the service according to the procedure specified by Motor Grupo on the Website.
2. Where an estimate is requested according to the procedure described above, it will be forwarded to the User within three business days by e-mail or other means deemed appropriate by Motor Grupo.
3. Estimates will be forwarded to the User in the manner described in Clause 3 of these Terms of Trade.
4. Motor Grupo will not be liable if the User is unable to obtain an estimate due to incorrect or incomplete information.
Clause 11: Conclusion of Contract
1. The User wishing to purchase goods from Motor Grupo through the service should remit the amount indicated on the invoice by the due date specified on the invoice by electronic wire transfer to a specified account or by other means of settlement as stipulated by Motor Grupo in the currency specified by Motor Grupo. The User are responsible for all local and international bank fees incurred in the remittance of funds.
2. The contract is concluded when payment in full is credited to Motor Grupo's specified account or where payment is made by some other method specified by Motor Grupo, said payment in full has been confirmed.
3. Once full payment has been made by the User and confirmed by Motor Grupo, and the User and Motor Grupo both agree to the sale, the User will be notified by e-mail, or other means deemed appropriate by Motor Grupo, that the contract has been concluded.
4. It is the sole responsibility of the User to comply with all and any import regulations in their own country, and for the payment of all duties and taxes assessed in their own country.
Clause 12: Termination of Contract
1. Even after the contract has been concluded as described in (2) of Clause 11, Motor Grupo reserves the right to terminate the contract if the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc, from the relevant authorities, where the User has made false statements or has engaged in any unlawful activity, where it is recognized that the contract is rendered impossible to execute due to actions of the User or for any other cause beyond the control of Motor Grupo.
2. Deposits for vehicles are non refundable and will be forfeited if payment for the vehicles specified on the invoice issued from Motor Grupo to the buyer is not paid in full by the due date specified on the invoice.
2. In instances as described in (1) above, any funds remitted or payments made to Motor Grupo will be returned to the User without interest and less any bank charges or other costs incurred by Motor Grupo, with the exception of deposit paid and forfeited due to default of full payment by the due date specified on the invoice issued from Motor Grupo to the User.
3. Where a sales contract by way of acceptance of an invoice without payment made, Motor Grupo will hold the vehicle for a period of no more than 3 days.
Clause 13: Forwarding and Shipping
Once the contract has been concluded and the appropriate paperwork (Export, Customs, Administration, Shipping arrangements, etc.) completed, the User will be promptly notified of shipping details in the manner described in Clause 3 (notification).
Clause 14: Transfer of Property Rights on Goods
1. The transfer of property rights between Motor Grupo and the User is governed by the International Commercial Terms (InCoTerms) issued by the International Chamber of Commerce (ICC), as noted on the estimate at the time the contract is concluded (see Clause 11).
2. Where Motor Grupo and the User agree to conditions other than the above, their agreement takes precedence.
Clause 15: Transfer of Risk
1. The ICC’s InCoTerms apply to the timing of transfer of risk on goods between Motor Grupo and the User, as noted on the estimate at the time the contract is concluded (see Clause 11).
2. Where Motor Grupo and the User agree to conditions other than the above, their agreement takes precedence.
Clause 16: Product Liability
Product sales are based on as-is condition at the time of sale. Motor Grupo bears no liability whatsoever for problems, including failure and/or accidents, which arise from breakdown, defects etc. that are the responsibility of the manufacturer (hereinafter referred to as “the manufacturer”). Further, Motor Grupo will have no liability for loss or damage incurred by the User or any third parties.
Clause 17: Defect Liability
1. Once property rights have been transferred, Motor Grupo is in no way liable for damages incurred by the User or any third party, including those arising from manufacturing defects.
2. Motor Grupo and User may agree to conditions other than the above, in which case their agreement takes precedence.
Clause 18: Returns
1. Where a contract is concluded as stipulated above, Motor Grupo will not allow for any returns once the property rights on such goods have been transferred.
Clause 19: Termination and Suspension of Service
Motor Grupo may terminate or suspend operation of the service under the following circumstances:
1. For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a Motor Grupo website system failure.
2. Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
3. Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
4. Under any other circumstances where Motor Grupo deems temporary suspension necessary to the operation of the service.
5. Motor Grupo will endeavour to inform the User in advance when operation of the service is to be terminated or suspended as per the above. This may not be possible in emergency situations.
6. Motor Grupo is in no way liable for damages incurred by the User or third parties resulting from termination or suspension of the service.
Clause 20: Exclusions
1. Except where otherwise specified in the terms of trade, Motor Grupo is in no way liable for damages incurred by the User or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or cancellation of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.
2. Motor Grupo makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by the User through the service.
3. Motor Grupo is in no way liable for any disputes between the User and third parties that may arise through use of the service.
4. In addition to the above, the User is liable for compensation of any damages incurred by Motor Grupo as a result of user’s violation of the Terms of Trade, wilful default, or gross negligence.