Proposed Payment Terms and Conditions
Thank you for your online payment for the reservation or purchase of your INFINITI vehicle.Outlined below you will find the Al Tawkilat Premium Motors Agencies’ Terms and Conditions in connection with your reservation or purchase.
For the purposes of these Terms and Conditions, any reference to “Seller” shall mean Al Tawkilat Premium Motors Agencies while references to “Buyer” shall mean the purchaser of Infiniti vehicles or the person making the reservation, as applicable. Both the Seller and the Buyer shall collectively be referred to as “Parties” while individually as “Party”.
Words such as “we”, “us”, and “our” are used to refer to the Seller while words such as “you” and “your” are used to refer to the Buyer.
- These Terms and Conditions shall apply to the reservations or sales of new Infiniti vehicles and Used vehicles to the exclusion of all other terms and conditions referred to, offered, or relied on by the Buyer during negotiations or at any stage in the dealings between the Parties.Any standard or printed terms used by the Buyer is not applicable, binding, or enforceable unless the Buyer specifically states in writing, separately from such terms, that he/she wishes to apply such proposed terms and that such proposed term or terms have been acknowledged and agreed by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions arranged between the Parties) shall be inapplicable and not binding between the Parties unless agreed to the contrary by the Seller in writing.
- Only one vehicle should be reserved at a time.
- In the event that the reservation is not confirmed by return email within 72 hours from the date and time of receiving a reservation confirmation email on the Buyer’s email, it shall be in our sole discretion to release the subject vehicle to other clients or customers.
PRICE AND PAYMENT
- The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the Parties. The price is inclusive of VAT only and excludes any other applicable costs.
- Al Tawkilat Premium Motors Agencies is not responsible for typographical or pricing errors. If an error is discovered, Al Tawkilat Premium Motors Agencies and/or the Buyer reserves the right to cancel the sale prior to registration of the vehicle. All prices, specifications and availability are subject to change without notice. Please contact Al Tawkilat Premium Motors Agencies for the most current information or for additional assistance.
- If, for any reason, we have underpriced a vehicle in error, we will not be liable to supply that vehicle at that price. Should you choose not to complete the purchase, your reservation deposit will be fully refunded on the credit card provided for the deposit.
- Monthly payment Calculation is intended solely for general information and is provided as an estimate.
Any description given or applied to the vehicles is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that he/she does not in any way rely on any description when entering into the purchase.
- Unless otherwise agreed in writing, delivery of the vehicle shall take place at the Al Tawkilat Premium Motors Agencies facility specified by the Buyer on, or as close as possible to, the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the vehicle whenever it is ready for delivery.
- If the Seller is unable to deliver the vehicle because of actions or circumstances under the control of the Buyer and 30 days has passed from the date of the expected delivery date, then the Seller shall be entitled to place the vehicle in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage equal to SAR 1,000 per month on a pro-rate basis.
- The Buyer acknowledges that during the vehicle preparation process, it may be noticed that during the transit, some minor imperfections need to be polished or restored to the original condition without any impact on the quality, warranty or cause detriment to the vehicle.
TITLE / REGISTRATION
Title or registration of the vehicle shall not pass to the Buyer until the Seller has been paid in full.
The risk attached to the vehicle passes to the Buyer on delivery of the vehicle and remains the Buyer’s risk so long as it is under his custody notwithstanding the ownership remaining with the Seller.
RETURN OF THE VEHICLE
If the vehicle is registered, the sale is on a firm sale basis, i.e. the Seller will not take back the vehicle, unless otherwise agreed in writing.
RETURN OF A DEPOSIT OR VEHICLE PAYMENT
- To provide complete confidence, Al Tawkilat Premium Motors Agencies will provide you refund of your deposit (in accordance with the applicable conditions below under this section) if for any reason the reserved vehicle is not to your satisfaction as follows:
- Refund of a deposit is within 60 days if a purchase was not confirmed and will be completed on the same credit card used to issue the payment. There will be no cash refund from an on-line payment or reservation.
- Refund of a purchase prior to registration is within 60 days from the date of the payment and will be completed on the same credit card used to issue the payment. There will no cash refund from an on-line payment.
USE OF SITE
We are the controller of the databases on the site and we are the owner of any databases made available. You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase or to extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws and could place the violator at liability for the sanctions which may be imposed by the applicable laws.
LIMITATION OF LIABILITY
- The Seller shall not be liable for any and/or all losses or damages suffered by the Buyer in excess of the contract price.
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All information or documents (including, but not limited to, texts, animated or static images, sounds, know-how, databases) stored on the Website as well as all elements created for the Website and its general structure are the property of Al Tawkilat Premium Motors Agencies.
All Intellectual Property Rights produced from or arising as a result of the performance of these terms and conditions, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, epidemic or pandemic, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract between the Parties.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the Parties and nothing in these Terms and Conditions shall be deemed to construe either of the Parties as the agent of the other or the employee of the other.
In an attempt to provide an increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable, directly or indirectly, for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. We do not guarantee that these websites will operate without interruption or that the servers ensuring access to them operate and/or the third party sites to which the relevant hypertext links refer do not contain viruses.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and the Seller for the sale of the vehicle shall not be assigned or transferred nor shall the performance of any obligation be sub-contracted in either case by the Buyer without the prior written consent of the Seller.
The failure by either Party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
UPDATING OF THESE TERM AND CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- Use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia and the parties hereby submit to the exclusive jurisdiction of the Saudi Arabian courts in case of any disputes.
Al Tawkilat Premium Motors Agencies ensure that the collected personal data is processed in accordance with the applicable legislation relating to data protection.
I understand that all the trademarks, pictures, and designs on the website are registered to Al Tawkilat Premium Motors Agencies and hereby accept the above terms and conditions. I undertake not to copy/duplicate the trademarks, pictures, and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of these terms and conditions, I understand that I will be held liable for all legal costs incurred by Al Tawkilat Premium Motors Agencies for any criminal or civil action or any legal action deemed necessary against me.