VEHICLE SALES AGREEMENT
THIS VEHICLE SALES AGREEMENT is made this ____ day of _________________,
by and between
xxx CLOETE (ID No.xxxxxxxxxxxxxxxx),a major male Namibian citizen who is a
pensioner and currently resides at Erf No. xxxx Dollar Street, Khomasdal, Windhoek,
Namibia.
(hereinafter referred to as "Seller")
AND
UHONGA TJIURUTUE (ID No. 980601900343), a major male Namibian citizen
currently employed as a Candidate Legal Practitioner at TJITEMISA AND
ASSOCIATES with its principal place of business at No. xxx Web Street, Windhoek
North, Windhoek, Namibia and residing at Dollar Street, Khomasdal, Windhoek,
Namibia.
(hereinafter referred to as "Buyer")
(hereinafter collectively referred to as "the Parties")
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1. PREAMBLE
1.2. WHEREAS the Seller desires to sell his White Toyota xp blah blah model
with Registration Number N2354 675W hereinafter referred to as the "the
Vehicle", under the terms and conditions set forth below;
1.3. WHEREAS the Buyer desires to purchase the Vehicle offered for sale by
Seller under the terms and conditions set forth below;
1.4. IN CONSIDERATION of the mutual promises and other valuable
consideration exchanged by the Parties as set forth herein, the Parties,
intending to be legally bound, hereby agree as follows:
2. THE VEHICLE
The Description of the Vehicle is as follows:
1. Model : ___________________________
2. Color : WHITE
3. Manufactured in : ___________________________
4. Registration Number : ___________________________
5. Registration Date : ___________________________
6. 6. Engine Number : ___________________________
7. Chassis Number :
___________________________
8. Mileage at Delivery :
_________________________
PAYMENTS.
4. The Purchase Price. The total purchase price to be paid by Buyer to Seller for the
Acquired Vehicle is: N$ 60 000.00
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5. The Purchase price shall be paid in 3 months’ installments, with a monthly
payment of N$ 20 000.00 PER MONTH.
B. DELIVERY OF ACQUIRED VEHICLE AND CONVEYANCE OF TITLE
1. DELIVERY OF ACQUIRED VEHICLE. Seller shall deliver the Acquired Vehicle,
and Buyer shall take possession of same, at Seller's premises (either in person
or through a third party) on or before 30TH JUNE 2023 ("Delivery Date").
2. Along with the Acquired Vehicle, Seller shall also deliver the Registration
Certificate in original to Buyer, on the last day of payment, being 31ST AUGUST
2023. (“Possession Date)
3. If delivery is to be made at a date after the execution of this contract, it is Seller's
duty to ensure that the Acquired Vehicle is delivered in the same condition as
when last inspected by the Buyer (or, if no Buyer inspection, the execution date
of this agreement). It is Buyer's duty, either in person or through a third party to
appear at Seller's premises during standard business hours on or before the
Delivery Date to remove the Acquired Vehicle from Seller's premises. However, if
Buyer fails to appear at Seller's premises on or before the Delivery Date to
accept possession of the Acquired Vehicle, then risk of loss passes to the Buyer
on the Delivery Date.
4. TRANSFER OF OWNERSHIP. Seller shall convey title to Buyer upon last
payment of the vehicle to Buyer. Seller agrees and covenants to execute all
documents presented by Buyer which are necessary to finalize transfer of title
and registration upon the Acquired Vehicle to Buyer.
C. REPRESENTATIONS, WARRANTIES, AND DISCLOSURES
1. Warranties. This vehicle is sold "AS IS", and Seller does not in any way,
expressly or impliedly, give any warranties to Buyer. Seller expressly disclaims
any implied warranties of merchantability or of fitness for a particular purpose.
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2. Odometer Declaration. Seller hereby states that the odometer in the Acquired
Vehicle now reads _________________ Km and to the best of Seller's
knowledge, it reflects the actual mileage of the vehicle described herein.
3. Buyer Representation. The individual signing this agreement on behalf of Buyer
hereby represents to Seller that he or she has the power and authority to do so
on behalf of Buyer.
4. Buyer hereby declares that the Acquired Vehicle is free from all encumbrances,
liabilities and litigations to the best of his/her knowledge.
D. BUYER'S RESPONSIBILITY
1. Buyer acknowledges that from the instant the Acquired Vehicle is delivered by
Seller to Buyer, Buyer is solely responsible and liable for any accidents, offences
or disputes regarding the Acquired Vehicle, including, but not limited to, illegal
use of the vehicle, traffic violation notices, accident-related litigation, payment of
related taxes, maintenance of valid insurance and updating the vehicle records
with relevant NATIS.
2. Buyer acknowledges that unless prohibited by applicable law, any insurance
coverage, license, tags, plates or registration maintained by Seller on the
Acquired Vehicle shall be canceled upon delivery of the Acquired Vehicle to, and
the acceptance of, by Buyer.
E. INTEGRATION.
This Agreement, including the attachments mentioned in the body as
incorporated by reference, sets forth the entire agreement between the Parties
with regard to the subject matter hereof. All prior agreements, representations
and warranties, express or implied, oral or written, with respect to the subject
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matter hereof, are hereby superseded by this agreement. This is an integrated
agreement.
F. SEVERABILITY.
In the event any provision of this Agreement is deemed to be void, invalid, or
unenforceable, that provision shall be severed from the remainder of this
Agreement so as not to cause the invalidity or unenforceability of the remainder
of this Agreement. All remaining provisions of this agreement shall then continue
in full force and effect. If any provision shall be deemed invalid due to its scope or
breadth, such provision shall be deemed valid to the extent of the scope and
breadth permitted by law.
G. MODIFICATION.
Unless otherwise provided in this document, this agreement may be modified,
superseded, or voided only upon the written and signed agreement of the
Parties. Further, the physical destruction or loss of this document shall not be
construed as a modification or termination of the agreement contained herein.
H. ACKNOWLEDGEMENTS.
Each party acknowledges that he or she has had an adequate opportunity to
read and study this Agreement, to consider it, to consult with attorneys if he or
she has so desired.
I. BREACH OF CONTRACT.
The Parties agree to have their dispute resolved through conciliation and
arbitration, and both parties further agree to a one-month grace period upon
where each party will be allowed to remedy the cause of the breach.
J. State Law.
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This Agreement shall be interpreted under, and governed by, the laws of the state of
__________________________________, India. IN WITNESS WHEREOF and acknowledging
acceptance and agreement of the foregoing, Seller and Buyer affix their signatures hereto.
SELLER BUYER
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
Dated: Dated:
WITNESS-1 WITNESS-2
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
Dated: Dated:
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