Warranty conditions Car Sales SoHo-Automotive

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Version 2.03 02-03-2020

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Dear buyer, 

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Congratulations on the purchase of your new car. In addition to the purchase agreement, you hereby receive our warranty terms and conditions. The content of the warranty is described in the Warranty Terms and Conditions described below.

 

Part A: What general rules apply, what services are covered by the Warranty and who can claim under the Warranty?

 

A-1 General rules

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(1) The seller and guarantor SoHo-Automotive, established at 3800 Sint-Truiden, Diestersteenweg 44 bus 2, with company number 535.757.328 (hereinafter: "Soho-Automotive") grants you as a buyer and guarantor (hereinafter: "Guarantee Holder") for your second-hand vehicle purchased from SoHo-Automotive (hereinafter: "Vehicle") a guarantee for a second-hand vehicle (hereinafter: "Guarantee").

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(2) The Guarantee Holder may be a consumer within the meaning of Articles 1649 bis to 1649 octies of Book III of the Old Civil Code, as well as a company within the meaning of Art. I.1,1° WER, with the exception of a professional (used) car dealer, unless expressly agreed otherwise in writing.

 

If the Warrantee declares in the purchase agreement that it is not a professional car dealer, but this turns out afterwards to be the case, the Warrantee shall have no rights under the Warranty.

 

A "consumer" within the meaning of Articles 1649a through 1649g of Book III of the Old Civil Code, in particular Article 1649a, § 2, 1° of the Old Civil Code, is any natural person acting for purposes unrelated to his professional or commercial activity; (hereinafter: ''Consumer'').

 

An "Enterprise" within the meaning of Art. I.1,1° WER is each of the following organisations:(a) any natural person independently exercising a professional activity; (b) any legal person; (c) any other organisation without legal personality, unless excluded by law (hereinafter ''Entrepreneur'').

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(3) The current version of these Warranty Terms and Conditions can be called up and saved on the website www.soho-auto.be and is also available in printable form. The Warranty is governed exclusively by SoHo-Automotive's Warranty Terms and Conditions, regardless of the general terms and conditions of the Warranty Holder. The Warrantee acknowledges the legally binding nature of the Warranty Terms and Conditions.

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(4) Notifications of complaints and defects - including notifications of damage - must always and directly be addressed directly to SoHo-Automotive. (email: info@soho-auto.be)

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(5) In addition to the Warranty, the Warrantee, who is a Consumer, is entitled to the statutory warranty rights arising from the sales contract. Statutory warranty rights of a Consumer are not limited by the Warranty.

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(6) A Guarantee is never transferable by the Guarantee Holder to third parties.

 

A-2 What types of Guarantee are available? 

 

The Guarantee Holder can choose between the free Basic Guarantee for 12 months and - if provided for the Vehicle - the Premium Guarantee for 12, 24 or 36 months for which a fee is charged. There is no right to the grant of a guarantee that is not reflected in the relevant online selection process.

 

The provisions for the Basic or Premium Warranty do not affect the statutory warranty period of one year that the Warrantee-consumer may invoke (see clause A-14). 

 

A-3 Which Vehicles are covered by the Warranty?

 

(1) Insofar as not otherwise provided for in these Warranty Terms and Conditions, the Warranty applies only to the parts mentioned under A-4.3 of used vehicles of the car type "passenger car", which are registered in Belgium at the time when the used vehicle is handed over to the Warrantee and which were purchased under the Warranty.

 

(2) Parts of 

a all subsequently installed, and not manufacturer-tuned parts as well as all performance-enhancing parts (tuning) of vehicles, as well as 

b construction (site) machinery, vehicles intended for courier services, teaching cars and all other vehicles that, notwithstanding the Warrantee's declaration of will that he purchases as a Consumer, are nevertheless used commercially in the context of passenger transport or leasing are not covered under the Warranty.

 

(3) The Warranty is not transferable and only applies in the relationship between the Warranty Holder and SoHo-Automotive. In particular, the Warranty does not apply to third parties to whom the car is sold or otherwise transferred by Guarantee Holder within the Warranty Period.

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A-4 When does the Warranty begin and end? What parts of a Vehicle are covered by the Warranty?

 

A-4.1 Duration of the Warranty

 

(1) If the Warrantee has opted for the free Basic Warranty, rights under the Warranty may be asserted within a period of 12 months from the delivery of the vehicle. The invoice date is the guideline for this.

 

For other warranty, the duration of the warranty shall be specifically agreed in a separate agreement.

(2) If the vehicle's factory warranty has not yet expired, the factory warranty will in any case take precedence over SoHo-Automotive's Warranty. The commencement of the term of the SoHo-Automotive Warranty will be determined in accordance with the above paragraph 3, even if the factory warranty is still in force at that time.

 

A-4.2 Warranty claim

 

(1) Only the car parts listed under A-4.3 are covered by the Warranty. Activation of the Warranty takes place at the moment that any of the parts covered by the Warranty lose their functionality within the agreed warranty period (see A-4.1), unless the loss of functionality is a result of parts or circumstances not covered by the Warranty (see A-6).

 

(2) The Warranty generally applies only if a warranty claim occurs within the Belgium. When the vehicle is temporarily used abroad, i.e. for a maximum period of six consecutive weeks, the Warranty will apply provided the vehicle is used within the European Economic Area. If a Warranty event occurs where the vehicle is used within the European Economic Area and the aforementioned six-week period is exceeded, the Warranty will lapse and the Warrantee will not be able to invoke the Warranty.

 

(3) The condition for the performance of the Warranty by SoHo Automotive is the performance of all maintenance, inspection and service work by the Warrantee. These shall be carried out at an authorised garage in accordance with the manufacturer's specifications in a specialised car workshop from the start of the Warranty period. Failure to comply with this provision automatically means that SoHo-Auto does not have to fulfil the warranty granted.

 

A-4.3 Covered parts

(1) The free Basic Warranty covers only the following parts which have become defective due to mechanical cause. Defects due to untimely replacement, damages or influences by or from outside are not covered by any Warranty:

 

Engine: - Distribution belt - Check gears - Rocker arm - Piston - Piston pin - Piston rings - Crankshaft - Crankshaft bearing - Linings - Oil pump - Camshaft - Camshaft housing - Hydraulic tappet - Connecting rod - Inlet and exhaust valve - Connecting rod bearing - Valve guide - Cylinder liner - Double mass flywheel - Engine and oil cooler - Oil filter housing - Tensioner and guide rails - Valve spring - Cylinder head - Tensioner roller - Compressor - Intercooler - Turbocharger - Steering rods - Distribution chain guide - Distribution chain tensioner

 

Gearbox: Torque converter - Synchromesh rings - Intermediate shaft - Sprockets - Gearbox housing - Main shaft - Planetary gears - Drive chain - Auxiliary shaft - Planetary gearbox - Primary shaft - Secondary shaft

 

Cooling system: - EGR cooler - Fluid level sensor - Automatic transmission cooler - Viscous fan clutch - Oil cooler - Coolant temperature sensor - Radiator fan - Viscous auto fan - Thermal switch - Cylinder head gasket

 

Brakes: - Speed sensor - Hydraulic unit - ABS control unit - Brake force regulator - Brake pressure regulator - Brake booster - Brake light switch - Brake caliper - Master cylinder - Vacuum pump

 

Electrical System: - Starter motor - Alternator - Freewheel alternator - Alternator controller - Transmission control unit - Horn - Fuel level sensor - Front and rear wiper motor - Power distributor - Ignition coils

 

Steering: - Mechanical, electric and hydraulic steering box with all internal components - Electric servo pump - Hydraulic servo pump

 

Exhaust: - EGR valve - Lambda probe

 

Safety system: Belt tensioner - Airbag

 

Fuel system: - Injection pump - Fuel pump - Engine control unit

 

Comfort Electronics: - Window lift mechanism - Window lift motor - Window actuator switch - Rear window heating elements - Electric sunroof switch - Sunroof motor - Door locks - Tailgate lock

 

Excluded from Warranty: Parts subject to wear and tear are not covered by any warranty. Among others, but not exclusively: Brakes - Clutch - Exhaust - Wipers - Lighting - Seals - Cuffs - Sleeves - Rubbers - Fluids - Air conditioning. As well as all defects caused by damage, poor maintenance - improper handling or external influences.

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A-5 What services are covered under the Warranty? Up to what amount is the Vehicle covered under the Warranty?

 

A-5.1 Warranty services

 

(1) In the event of a warranty claim within the meaning of A-4.2, the Warrantee may request SoHo Automotive to repair the affected, non-functioning part - covered by the Warranty. 

 

(2) The technically necessary and actual labour and material costs shall be borne by SoHo Automotive.  The vehicle shall always be presented to SoHo Automotive, within a reasonable period of time.

 

Note: Throughout the duration of the Warranty, the Repair Costs will only be reimbursed up to the amount of the current market value of the car, determined in accordance with A-5.2 at the time of the last warranty claim. This means that under the Warranty, even if there are multiple warranty claims, the repair costs will be reimbursed up to a maximum of the current market value of the Vehicle at the time of the last warranty claim.

 

(3) The repair costs for the parts agreed in A-4.3 will always be repaired by SoHo Automotive when there is a warranty claim. Operational and auxiliary materials such as oils, filters and antifreeze fluid are always the responsibility of the Warrantee.

 

A-5.2 Determination of repair costs per Warranty Claim

 

(1) The reimbursement of the repair costs per Warranty Claim shall be limited to the respective value of the Vehicle at the time the damage occurred.

 

(2) For the determination of the current-day value of the Vehicle, reference is made to the Deutsche Autotelexpro data of the respective car type without additional equipment on the day of the damage (without taking into account the damage incurred). Special equipment of the Vehicle therefore does not normally affect the current market value within the meaning of these Warranty Terms and Conditions. If no connection can be made with the Autotelexpro data, the market price of the relevant Vehicle - without taking into account any extra equipment/version - will be taken as the basis.

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A-6 For what damages is the Warranty excluded?

 

A-6.1 Excluded damages

 

The assumption of repair costs under the Warranty is excluded for damage that

 

a) is caused by an accident (an event in which the vehicle is damaged by external (mechanical) forces); 

b) was caused by the direct effects of storm, rockfall, hail, lightning, earthquake, flood, fire or explosion; 

(c) was caused by acts of war of any kind, civil war, riots, strikes, destruction, confiscation or other external intervention or nuclear energy; 

d) was caused by the action of animals, frost or water that has penetrated; 

(e) was known to the Buyer at the time of delivery of the vehicle or damage caused by gross negligence, fault and intent of the Warrantee; 

f) was caused by improper use of the vehicle (e.g. exceeding the maximum towing weight or trailer load) or by ignoring the operating instructions/warning message (e.g. overheating the engine, topping up the oil or shifting at too high a speed); 

g) has been caused by the Warrantee's failure to maintain the vehicle within the manufacturer's prescribed maintenance interval; 

h) was caused by the use of the vehicle for (car) events and associated test drives, where exceeding the maximum speed and/or causing damage to the vehicle is common (e.g. street races); the same applies to damage associated with the aforementioned driving events and practice drives.

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A-7 Is the warranty claim transferable? 

Warranty claims cannot be transferred without the prior consent of Soho-Automotive, which must be given in writing (e.g. by e-mail, fax or letter).

 

 

A-8 What is the relationship with the performance obligations of third parties?

Where a third party such as the manufacturer, supplier or seller is liable (e.g. for production, manufacturing, construction and organisational errors, spare parts warranty, etc.) for the performance or compensation of damage (A-4.2) arising from a contract, including a repair order (e.g. also repair errors in the case of pre-repairs) or from any other maintenance, warranty and/or insurance contract, these services must be used with priority. SoHo-Automotive will only make subsidiary payments under these conditions. If there are also claims for benefits or compensation against third parties in respect of the same damage, no repair costs exceeding the total damage and the value of the vehicle will be reimbursed.

 

A-9 What are the obligations of the Warrantee in the event of a warranty claim?

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A-9.1 Obligations for notification of Warranty claim, cooperation and limitation of damage 

 

In the event of a claim under the Warranty, the Warranty Holder is subject to the following obligations:

 

A-9.1.1 Duty to notify 

The Warrantee must notify SoHo-Automotive in writing within 24 hours after he first became aware or should have become aware of the occurrence of the damage. The Warrantee must inform SoHo-Automotive - if possible stating the file number of the relevant authority - immediately when the police, the Public Prosecution Service or other authority is investigating in connection with the damage event of the Vehicle. This also applies after the Warrantee has already reported the damage to SoHo-Automotive.

 

A-9.1.2 Duty to cooperate. 

 

(1) In the event of a Warranty Claim, the Vehicle must be presented to SoHo-Automotive at all times.

 

(2) The Warrantee itself is responsible for the vehicle being towed to SoHo-Automotive's address in the event of a breakdown. It is best for the Warrantee to take out insurance for this purpose. For example, with its own insurance, Touring or VAB. SoHo-Automotive can never be held liable for the costs of this.

 

(3) A Warranty Repair at third parties, without prior consent, will not be recognised by SoHo-Automotive, and will therefore not be paid. 

 

(4) The Warrantee has an obligation to properly determine the warranty case and the scope of service under that warranty. In particular, the Warrantee must. 

(a) at SoHo-Automotive's request, demonstrate and prove that the maintenance and inspection work (including antifreeze and oil change inspection) has been carried out; 

(b) notify SoHo-Automotive in writing when the Vehicle's odometer has been reversed, otherwise affected or replaced, or he is aware of a defect in the odometer and/or the odometer has been replaced. In the event of an affirmative answer, SoHo-Automotive must be informed of the odometer reading at which the manipulation, defect or replacement took place; 

c) at SoHo-Automotive's request, confirm in writing that previous repair(s) and parts have been professionally repaired by SoHo-Automotive; 

(d) at SoHo-Automotive's request, confirm in writing that only appropriate operational fluids and lubricants have been used for the vehicle; and 

(e) at SoHo-Automotive's request, confirm in writing that SoHo-Automotive has properly implemented the manufacturer's recall(s) relating to the vehicle.

 

A-9.1.3 Obligation to limit damage 

In the event of damage, the Warrantee must do everything possible to prevent and limit the damage. In this respect, the Warrantee must follow instructions, insofar as reasonably possible, and obtain instructions from Soho-Automotive - if necessary also verbally or by telephone - if the circumstances permit this.

 

A-9.2 Legal consequences in the event of default by the Buyer 

If, in the event of a claim, the Warrantee intentionally or through gross negligence fails to comply with any of the obligations described in A9.1.1 to 9.1.3, the Warranty entitlement shall lapse. However, Soho-Automotive remains obliged to indemnify, insofar as the Warrantee proves that the breach of one of the obligations set out in A9.1.1 to 9.1.3 was neither the cause for the occurrence or determination of the Warranty Claim or the extent of Soho-Automotive's indemnification obligation. This does not apply if any of the obligations described in A-9.1.1 to 9.1.3 have been intentionally breached

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A-10 When is SoHo-Automotive exempt from performance?

 

A-10.1 Intent or gross negligence

 

(1) When the Warrantee intentionally causes the claim, SoHo-Automotive is not obliged to fulfil the warranty obligation.

(2) When the Warrantee causes the damage through (gross) negligence, SoHo-Automotive is entitled to reduce its warranty commitments in proportion to the seriousness of the Warrantee's fault.

 

A-10.2 Deception and fraud. 

SoHo-Automotive is also exempt from performance if the Warrantee has committed or attempted to commit fraud in relation to facts relevant to the acceptance of a warranty claim or the amount of warranty payments.

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A-11 Who is covered by the Guarantee? 

This Warranty applies to the Consumer, Companies are excluded from warranty unless expressly agreed otherwise in writing. 

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A-12 Relationship of the Guarantee to statutory warranty rights 

(1) The legal warranty rights of Consumers as set out in Article 1649bis ev. Old Civil Code are not limited by these Warranty Conditions. The Warrantee has these statutory warranty rights, in addition to the rights (if any) under the Warranty, regardless of whether the Consumer has opted for the Basic or Premium Warranty. 

 

(2) Notwithstanding section 1949quater, paragraph 1 Old Civil Code, the term is one (1) year for used cars. In accordance with the statutory warranty rights, SoHo-Automotive is liable to the Consumer for the lack of conformity that exists at the time of delivery of the Vehicle and that manifests itself within an agreed period of one (1) year from the aforementioned delivery. If the Consumer wishes to invoke the statutory warranty rights, the Consumer must notify SoHo-Automotive of the defect within 24 hours of its discovery, failing which SoHo-Automotive will not bear any liability. 

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Part B - What other regulations must be complied with? 

B-1 Withdrawal 

(1) The Warranty may be revoked within the statutory revocation period of 14/21 days if the Warrantee is a consumer, the contract has been concluded exclusively by means of remote communication and the object of the contract is a service for payment. With the Basic Guarantee, there is therefore no right of withdrawal. 

(2) Consumer, mentioned in the above provision, means any natural person who enters into a legal transaction for purposes that cannot be attributed either to his commercial activity or to his self-employed professional activity in the main. 

(3) The right of withdrawal commences on the day on which the car is handed over by the seller to the buyer or to a carrier designated by the buyer. 

(4) To exercise the right of withdrawal, the Warrantee-consumer must inform SoHo-Automotive of the decision to withdraw from the contract before the withdrawal period expires by means of an unequivocal statement (by registered mail, e-mail or by means of a model form found on the SoHo-Automotive website). Page 12 of 12 

(5) SoHo-Automotive suggests that the Guarantee Holder use the email address info@soho-auto.be to exercise their right of withdrawal. On the other hand, Guarantee Holder can also send their notice of withdrawal to the above-mentioned address of SoHo-Automotive. 

(6) After revocation of the Guarantee Agreement, SoHo-Automotive shall refund all payments received to the Guarantee Holder within 14 days from the day on which the notice of revocation is received. SoHo-Automotive will use the same payment method as the Warranty Holder used to purchase the vehicle, unless expressly agreed otherwise. No fee will be charged for the refund. 

(7) The revocation of the Guarantee does not affect the purchase agreement relating to the Vehicle.

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B-2 Other conditions 

The possible total or partial invalidity of one of the provisions of these Terms and Conditions of Warranty shall in no way result in the invalidity of all provisions of these Terms and Conditions of Warranty. Instead of the invalid/null provision, a valid provision will be deemed to have been agreed upon that most closely approximates the original provision in commercial terms, which will be determined by the court in the absence of agreement between the parties.

 

B-3 Applicable law 

Belgian law shall be the applicable law for all disputes that will arise between the parties, and which have their origin in the Guarantee Agreement concluded between the parties, with the exception of the Vienna Sales Convention. 

 

B-4 Disputes 

The Court of the judicial district of Limburg, has exclusive jurisdiction for all disputes that may arise between the parties and that may arise from the Guarantee Agreement concluded between the parties. The European Commission offers a platform for online dispute resolution, which can be found here: https://www.ec.europa.eu/consumers/odr. As disputes must be resolved directly with the customer, SoHo-Automotive does not participate in said form of dispute resolution.