Buy back (Peugeot achat rachat) - General conditions

  - GENERAL CONDITIONS OF SALE

1° MODELS - The Manufacturer reserves the right to make such changes to its models as it deems appropriate, particularly with respect to technical advances, without any obligation to apply such changes to vehicles that have been delivered or that are on order.
2° PRICE
- The price of the vehicle being ordered is that in the price list in effect at the order date. That price is guaranteed until the expiration of the contract delivery time and, if there is a delay not attributable to the purchaser, until provision of the vehicle to him/her, unless: • the purchaser himself explicitly stipulated that he refused the delivery at least three months previous;
• the price change is the result of technical changes or amendments to the taxation conditions imposed by government authorities;
• the delivery delay is the result of an act of God, such as fire, flood, requisition, labour dispute, etc., in the Manufacturer's firm, or in those of its suppliers or subcontractors, or in the seller's firm; in such a case, the price will be that of the price list in effect at the delivery date. This price guarantee applies only to the model stated on the order form.
3° ORDER
– The model of vehicle ordered is defined by its sales name. The customer who makes a commitment subject to certain features being present in the vehicle, must state so on the order form. The seller is free not to accept such an order if he cannot guarantee delivery of the vehicle with those features. Delivery of the vehicle is guaranteed to the extent of the availability of which the seller is aware at the time of the order. For delivery and price guarantee purposes, the order date will become effective only after payment of a deposit. Transfer of ownership of the vehicle is suspended until it is paid for in full, pursuant to the provisions of Article L.621-122 of the French Commercial Code concerning reservation of ownership. The customer, however, assumes all risks concerning the vehicle from the time of its delivery. This order form commits the parties only on condition that it contains: the signature of the customer on each copy, the signature and business seal of PEUGEOT SODEXA or of one of its representatives (hereinafter referred to as the "Seller Institution") on each copy. This order is valid only for the named customer: its benefit may not be assigned.The Seller Institution is not the Manufacturer's agent; it is solely liable to its customer for all commitments made by it.
4° DELIVERY TIME
- Delivery will take place by at the latest the date shown on the order form, but from that date a margin of two months is reserved, in case there is a change to the order form at the customer's request and in the case of an act of God, such as fire, flood, requisition, labour dispute, etc., in the Manufacturer's firm, or in those of its suppliers or subcontractors, or in the seller's firm. Beyond that date, which may be extended as indicated above, the customer may request that the provisions of Article 8, below, be applied.
5° PAYMENT -
The price is due once the vehicle is made available.The deposit paid at order time does not in the least represent for the purchaser the option of withdrawing from the deal in return for abandonment of this payment; if the order is cancelled, this deposit will become the property of the seller as a compensation payment, but the seller does not revoke entitlement to take other action, unless the purchaser should be in one of the circumstances specified in Article 8. Pursuant to Article L.441-6 of the French Commercial Code, it is explicitly agreed that in the event of a delay in payment, in connection with a sale made with a business person, penalties calculated on the outstanding amounts that are unpaid at the proper time, at a rate equal to one and a half times the official interest rate in effect as at the due date of those amounts, shall be applied after notice to pay has been served, but remained without effect, that interest being effective as of the date of the notice to pay.
6° DELIVERIES
- Unless explicitly agreed to the contrary, the place of delivery shall be the registered office of the Seller Institution. Once the deadline on the order form has passed, the customer is required to take delivery of the vehicle within two calendar weeks after it is made available; beyond that time, and after notice to pay has been served, but remained without effect, the Seller Institution shall be entitled to terminate the order and take possession of the vehicle; the deposit will become the property of the seller as a compensation payment.
7° PEUGEOT CONTRACTUAL WARRANTY
- Please see below.
8° CANCELLATION - TERMINATION
- Pursuant to the provisions of Article L.114-1 of the French Consumer Protection Code ("Code de la Consommation"), if the agreed delivery date is exceeded by seven days, not due to any fault of the customer or to act of God, the customer may cancel his/her order and demand reimbursement of the payments already made, plus interest calculated at the official interest rate from the first day after expiration of the scheduled delivery time. This right shall be exercised by recorded-delivery letter within sixty (60) business days as of the contract delivery date. The seller, likewise, may cancel the order and retain the deposit as a compensation payment, if within the two-week period specified in Article 6, the customer has not taken delivery of the vehicle or, otherwise, not paid its price.
***** SPECIAL T SERIES CONDITIONS *****
1. VEHICLE - REGISTRATION IN THE T SERIES: The purchaser applies to purchase the vehicle described on verso, deliverable under T-series registration, under the temporary duty-free regime of which s/he represents s/he is eligible to be part, in accordance with the order form to which reference is explicitly made. This vehicle is covered by a "multiple risks" automobile insurance policy. The purchaser will be provided with a summary of the insurance coverage by sending a request therefor to PEUGEOT SODEXA. This insurance is underwritten by PEUGEOT SODEXA in favour of the purchaser and takes effect on the day of delivery scheduled in the contract at 0.00 a.m., and expires on the return date stipulated on verso at 12.00 midnight. This order is recorded under currently applicable French regulations. In the event that these regulations should change, causing amendment of the clauses of this order, each of the parties shall, subject to the rights and obligations set out in Articles 2 and 8 of the General Terms and Conditions of Sale with which the purchaser is familiar,be entitled to cancel this order,in consideration of reimbursement by PEUGEOT SODEXA to the purchaser of the amount paid upfront at the time of execution of this order form.
2. BUY-BACK OF THE VEHICLE:
2.1. Pledge to buy back:
PEUGEOT SODEXA or one of the members of the PEUGEOT network authorised for such purpose pledges to buy back the vehicle described on the verso of the Order Form from the purchaser no later than by the date stated on the Order Form and if the conditions set out in Article 2.2 below are met.
2.2. Conditions and procedures of the buy-back: The vehicle will be bought back subject to the following conditions:
- The vehicle is returned by the purchaser to PEUGEOT SODEXA or to one of the members of the PEUGEOT network authorised for such purpose no later than by the return date stated on the verso of Order Form in acceptable state of mechanical operation and of bodywork; for that purpose, the purchaser shall refrain from, among other things, participating in any rally or competition with the vehicle, and from making any interior or exterior modification s to the
vehicle being considered;
- For the time during which the vehicle was his property, the purchaser has complied scrupulously
with all the instructions stated in the maintenance log;
- The purchaser has paid the estimated amount of the repair of the vehicle, if damage was observed during the inspection described below, unless consent was provided to cover the damage by the Insurance Company with which a multiple risks policy was taken out, of which a certificate was
provided by PEUGEOT SODEXA to the purchaser on delivery to him of the vehicle ordered;
- The purchaser submits to PEUGEOT SODEXA or to one of the members of the PEUGEOT network authorised for such purpose all the documents pertaining to the vehicle and signs a certificate of
sale, it being noted that the vehicle cannot be bought back without a car ownership certificate;
- The purchaser returns the vehicle to PEUGEOT SODEXA or to one of the members of the PEUGEOT network authorised for such purpose, at the place stated on the verso of the Order Form. It is
noted that the accessories are not bought back by the seller.
PEUGEOT SODEXA or one of the members of the PEUGEOT network authorised for such purpose
shall perform an inspection of the vehicle on its return
2.3. Supplementary costs - The purchaser authorises PEUGEOT SODEXA to use the imprint of his bank card details of which are stated on the verso of the Order Form and to debit his account in the event of non-payment of the following supplementary costs: repair costs stated in Article 2.2, costs of returning the vehicle outside France, additional days, disappearance of items of the vehicle.
3. PAYMENT
- In light of the pledge made by PEUGEOT SODEXA to buy back the vehicle, the purchaser and PEUGEOT SODEXA agree that the balance of the price of the vehicle described on the verso of the Order Form may be debited, via the imprint of the purchaser's bank card, details of which are stated on the verso of the Order Form, by PEUGEOT SODEXA if the purchaser does not pay the price of the vehicle or does not return the vehicle on the date stipulated on the verso of the Order Form. It is hereby agreed that no amount will be payable to the purchaser in the event that s/he should request buy-back of the car prior to the date specified in the Order Form.

***** 2-YEAR CONTRACTUAL WARRANTY *****

PEUGEOT vehicles are warranted by AUTOMOBILIES PEUGEOT, 75, avenue de la Grande Armée 75016 PARIS, hereinafter "the Manufacturer," against any fault in construction or materials for two (2) years, without any limitation on mileage, as of the delivery date. This date is recorded on the "Warranty Certificate" that is delivered to the customer.This warranty covers the vehicles identified above when being operated in the countries in which AUTOMOBILES PEUGEOT is officially represented.The contractual warranty of Automobiles Peugeot is in addition to the legal warranty in the country in which it is defined.
It covers:
- repair or exchange free of charge (parts and labour) of the parts acknowledged to be defective by the Manufacturer or its representative, it being stated that such repair or exchange may be performed with new parts, new components or standard exchange after assessment by the Manufacturer or its representative,
- the costs of emergency assistance at the site of the breakdown, or towing for a maximum distance of 100 kilometres, to the nearest authorised member of the PEUGEOT repair network.
Conditions of application of this warranty:
- This warranty is subordinated to presentation of the Warranty Certificate, the Coupon of the warranty inspection* to be done at 10,000 km or 6 months of use (whichever occurs earlier) duly filled in by a member of the Peugeot repair network authorised for this purpose and to strict performance of the periodic reviews as defined in the "PEUGEOT Reviews" Log.
- The repairs performed under warranty must be done by a member of the Peugeot repair network authorised for this purpose.
* This warranty inspection is done free of charge; you must give the operator the document included in the "PEUGEOT Reviews" Log (coupon of the warranty inspection). For the BOXER 4X4 GPL vehicles (1500/2500 km warranty inspection, see special features of BOXER 4X4 and GPL page 19), lubricants are payable by the customer.
The guarantee ceases:
- if parts, accessories or fluids that are not approved by the Manufacturer have been used in the vehicle;
- if changes have been made that are not specified or authorised by the Manufacturer or carried out without compliance with the technical instructions defined by the Manufacturer;
- the fault is due to negligence by the user or lack of compliance with the instructions stated in the use and maintenance guide;
- the vehicle is used in an abnormal way or for competition purposes;
- the vehicle has been overloaded, even with passengers.
Furthermore, the Contractual Warranty does not cover:
- everyday upkeep, periodic adjustments and reviews, or everyday consumer items such as oil filters, air filters, fuel filters;
- the replacement of parts that have undergone normal wear and tear to do with the usage and mileage of the vehicle (tyres, light bulbs, windscreen wiper arms, brake linings and brake discs, shock absorbers, clutch components, etc.);
- the consequences of repair, transformation or changes made by contractors that are not approved by the manufacturer;
- damage pursuant to natural phenomena, including hail storms and floods;
- damage due to accidents;
- any other cost not specifically specified by this Contractual Warranty, or by the Legal Warranty, including especially costs pursuant to the vehicle breaking down.
The tasks performed under the Contractual Warranty do not extend the Warranty, unless specified otherwise by law. The parts or components changed under the Contractual Warranty become the property of AUTOMOBILES PEUGEOT. If the vehicle is resold, the successive purchasers have the benefit of this warranty until its expiration date, i.e., two years after date noted in the "Warranty Certificate," subject to the application conditions having been fulfilled by each of the owners of the vehicle.
This Contractual Warranty does not substitute for the legal warranty for hidden defects arising out of application of Article 1641 to 1649 of the French Civil Code, nor for the legal warranty of compliance, resulting from application of Articles L.211-1 to L.211-18 of the Consumer Protection Code and voiding rights to purchasers acting in their capacity as consumers. In this connection and as per law, the following legal provisions are cited:
Article 1641:
"The seller is bound by the guarantee due to hidden defects of the item sold that render it unsuitable for the use for which it is meant, or that reduce such use to such an extent that the buyer would not have bought it, or would only have paid a lesser price, if s/he had been aware of them."
Article 1648-1:
"Any legal action resulting from latent defects must be brought by the purchaser within two (2) years as of discovery of the defect."
Article L. 211-4:
"The seller is required to deliver a good that is in conformity, and is responsible for any defects in conformity that exist when it is delivered.The seller is also responsible for defects in conformity that result from packaging, and from set-up or installation instructions when such conformity was covered by the contract was performed at its responsibility."
Article L. 211-5:
"To be in conformity with the contract, the good must:
(1) Be suitable for the use ordinarily expected of a similar good and, if relevant: correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or a model; present the qualities that a buyer could legitimately expect, given the public statements made by the seller, by the producer or by its representative, particularly in advertising or on the labelling;
(2) Or present the features defined jointly by the parties or be suitable to any special use sought by the buyer, of which the seller was advised and to which the seller agreed."
Article L. 211-12:
"The legal action resulting from lack of conformity has a term of limitation of two years as of delivery of the good."
In addition to these conditions, a paintwork warranty and an anti-corrosion warranty – details of which are supplied below – are added to this contractual warranty.

***** PAINTWORK WARRANTY *****

As a supplement to the Contractual Warranty, the Manufacturer warrants the PEUGEOT vehicles against any fault in the original bodywork paintwork, as of the date of delivery stated on the "Warranty Certificate" that is delivered to the customer, applicable for:
- three (3) years for all private cars; and
- the term of the Contractual Warranty for all utility vehicles.
The Paintwork Warranty covers:
The total or partial repainting required to treat a fault observed by Automobiles PEUGEOT or its representative according to the manufacturer's standards. The warranty applies on the explicit condition that the vehicle has always been repaired in strict conformity with the manufacturer's rules and that the customer has ensured that (a) the periodical reviews described in the "PEUGEOT Reviews" Log were performed, and (b) any damage to the vehicle had been repaired, in good time and in accordance with the maintenance cycle defined by the Manufacturer.
The Paintwork Warranty does not cover:
• damage to the bodywork paintwork caused by the environment, such as atmospheric, chemical, animal or vegetable effects, or the impact of sand, salt, flying gravel or natural phenomena (e.g., hail or floods) and other external factors (whether or not connected with an accident).
• damage due to negligence on the part of the user or lack of compliance with the Manufacturer's recommendations.
• damage arising out of events not covered under the Contractual Warranty.
• the consequences of repairs, transformations or changes made by contractors that are not approved by the manufacturer.
The work performed under the Contractual Warranty must be done by a member of the Peugeot repair network authorised for this purpose.
If the vehicle is resold, the successive purchasers have the benefit of this Paintwork warranty until its expiration date, i.e., depending on the vehicle, until the end of the term of the Contractual Warranty or until three years after the delivery date noted in the "Warranty Certificate," subject to the application conditions having been fulfilled by each of the owners of the vehicle.

***** ATICORROSION WARRANTY *****

As a supplement to the Contractual Warranty, the Manufacturer warrants the PEUGEOT vehicles against puncturing due to corrosion of the interior towards the exterior of thebodywork, as of the date of delivery stated on the "Warranty Certificate" that is deliveredto the customer, applicable for:
- twelve (12) years for all private cars; and
- six (06) years for all utility vehicles.
The Anticorrosion Warranty covers:
Repair or replacement of items that are acknowledged by the manufacturer or its representative to be faulty, on which a puncturing occurs due to corrosion, and the costs of labour arising out of such repair or replacement. The warranty applies on the explicit condition that the vehicle has always been repaired in strict conformity with the manufacturer's rules and that the customer has ensured that (a) the periodical reviews described in the "PEUGEOT Reviews" Log were performed, and (b) any damage to the vehicle had been repaired, in good time and in accordance with the maintenance cycle defined by the Manufacturer.
The Anticorrosion Warranty does not cover:
• damage due to negligence on the part of the user or lack of compliance with the Manufacturer's recommendations;
• damage arising out of events not covered under the Contractual Warranty;
• the consequences of destruction of the anticorrosion protection products by an additional treatment not specified in the upkeep plan;
• the consequences of repairs, transformations or changes made by contractors that are not approved by the manufacturer;
• corrosion resulting from the installation of accessories not certified by the manufacturer and/or installed without adherence to the instructions defined by the manufacturer;
• the trays and loading platforms of utility vehicles, and bodywork transformations performed on vehicle bases;
• the wheels and mechanical items that are not an integral part of the bodywork.
The work performed under the Anticorrosion Warranty with regard to puncturing due to corrosion must be entrusted to a member of the Peugeot repair network. If the vehicle is resold, the successive purchasers have the benefit of this warranty until its expiration date, i.e., six years or twelve years, depending on the vehicle, after the delivery date noted in the "Warranty Certificate," subject to the application conditions having been fulfilled by each of the owners of the vehicle.
Supplement to the Contractual Warranty:
This document is a supplement to the conditions of the PEUGEOT Warranty. It concerns solely new vehicles marketed in France and in the French overseas départements and territories ("DOMTOM") that are covered by the Contractual Warranty
.

***** PEUGEOT SODEXA ASSISTANCE *****

If a Vehicle (as defined below) that is marketed in continental France (including Corsica) by PEUGEOT SODEXA and being operated in the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, continental France (including Corsica), Gibraltar, Greece, Hungary, Ireland, Iceland, Italy, Luxembourg, Macedonia (F.Y.R.O.M.), Malta, Morocco, Norway, The Netherlands, Poland, Portugal, Principalities of Andorra, Liechtenstein, Monaco, the Czech Republic, Romania, the United Kingdom, Saint Marino, Slovakia, Slovenia, Sweden, Switzerland, Tunisia, Turkey, breaks down or is stolen prior to the return date stipulated in this order form, the users of the vehicle may also have the benefit of breakdown assistance and/or towing referred to in the body of the Contractual Warranty, and of additional transportation and/or accommodation services, by calling PEUGEOT SODEXA ASSISTANCE at the number stated in the practical guide.
I. BENEFICIARIES: The owner of the Vehicle and his/her spouse and the persons involved in the transportation of the Vehicle, for as many seats as are indicated in the Vehicle's registration certificate.
2. SERVICES: In the event:
- that the Vehicle breaks down or is unable to be used normally due to a mechanical fault, an
accident, a theft attempt, which cannot be remediated within one day of its occurrence, or
- that the Vehicle is stolen (duly proven by a police declaration of theft),
the beneficiaries may have:
- a replacement vehicle of at most the equivalent class,without any special equipment, from within
the available local stocks, or
- on-site accommodation, or
- return transportation to their place of destination in Europe or to the delivery location of their Vehicle in Europe, by first-class train travel or tourist-class or equivalent air travel (in the event that train travel would take more than eight hours), for a value of up to
915 (inclusive of all taxes) per incident. The duration of the on-site accommodation or provision of a replacement vehicle may not exceed the return date of the Vehicle that is stated on this order form.
The return location of the replacement vehicle will be the place at which it was provided or any other place stated by PEUGEOT SODEXA ASSISTANCE. The driver makes a commitment to comply with the conditions stipulated in the loan contract or rental contract of the replacement vehicle. The costs associated with the use of the replacement vehicle, including expenses for fuel, tolls, parking, any insurance supplements or "excess," and any overrun of the cost of provision beyond the amount of
915 (inclusive of all taxes) will be payable by the beneficiary.
If the beneficiaries are transported to their place of destination or to the delivery location of their Vehicle, a one-way ticket for one person by first-class train travel or tourist-class or equivalent air travel (in the event that train travel would take more than eight hours) will be provided to the beneficiary to enable him/her to go and pick up the repaired Vehicle. If the Vehicle breaks down or is unable to be used normally due to a mechanical fault, an accident, a theft attempt, which can be remediated within one day of its occurrence, the beneficiaries shall be entitled to breakdown assistance and/or towing, but not to the benefits described
above.
3. LIMITS - WAIVERS: Incidents caused by the factors below shall not be covered:
- an error in the choice of fuel or running out of fuel,
- loss of the keys and/or of the transponder card,
- sinking,
- lack of compliance with the vehicle's upkeep plan as defined by the manufacturer in the
upkeep log,
- the vehicle being held up by police or security forces,
- an act of God ["force majeure"],
- participation in sporting competitions or rallies, or preparations for such events.
PEUGEOT SODEXA ASSISTANCE will not pay for the costs of dining, telephone communications, fax transmissions, road tolls, parking costs, fuel costs. The benefits granted under this contract and paid for by the beneficiaries at their own initiative without the prior consent of PEUGEOT SODEXA ASSISTANCE will not be reimbursed. Furthermore, no compensatory payment will be made for benefits used by the beneficiaries but excluded from the conditions stated above, in consideration of benefits specified that were not used
.

***** PARTICULAR CONDITIONS EUROP AUTO JET INC. *****

The buyer acknowledges that Europ Auto Jet Inc. (“Europ Auto Vacances”), holder of a travel agency license issued by the Office de la Protection du Consommateur du Québec, acts solely as an intermediary between the purchaser and Peugeot Sodexa (“the Manufacturer”), and as such, Europ Auto Vacances has no control over the Manufacturer. Europ Auto Vacances does not assume any responsibility in the event of a delay or default on the Manufacturer’s part, or any of his agents or representatives, nor in the event of any physical, material, or moral damages.
Europ Auto Vacances does not assume any responsibility for the representations, statements, or interpretations made by a travel agent, a representative of the Manufacturer, or the Manufacturer, relating to the standards, quality, or services or benefits supplied, whether included or not, in the goods and services included in the Purchase order.
By signing the Purchase order, the buyer confirms his understanding and acceptance of the Manufacturer and Europ Auto Vacances’ terms and conditions.

(Up dated: January 2007)