Privacy Policy

1Purpose

The purpose of this statement is to, amongst others:

1.1.

To ensure that Motorhome-World Parasol as a company, agents, contractors, Board of Directors, and employees process Data Subjects' personal information responsibly and thereby ensuring that Motorhome-World Parasol complies with the Protection of Personal Information Act No. 4 of 2013 ("POPIA") and any other applicable legislation.

1.2.

It also seeks to inform Data Subjects about how Motorhome-World Parasol processes their personal information.

1.3.

This statement is further aligned to the purpose of the POPIA, which aims inter alia to give effect to the constitutional right to privacy, by safeguarding personal information when processed by Motorhome-World Parasol as a responsible party, subject to justifiable limitations.

1.4.

Where personal information relates to data subjects outside South Africa, including the European Economic Area and United Kingdom, Motorhome-World Parasol will comply with applicable data protection legislation where legally required.

2Process of collecting and purpose of collecting personal information

2.1.

Motorhome-World Parasol collects personal information either manually and/or electronically from Data Subjects as and when required for a defined purpose and to fulfil its mandate in terms of the law unless an exception applies in terms of POPIA.

2.1.1.

In so doing, Motorhome-World Parasol will always collect Personal Information in a fair, lawful, and reasonable manner and process personal information based on Motorhome-World Parasol's legitimate business interest in line with the legislative prescripts of the 8 conditions of lawfully processing personal information outlined in section 4 of POPIA, which may include but are not limited to recruitment, promotions and other employment-related requirements, performance of a contract, and for audit purposes. This will be subject to:

Consent that a Data Subject provides, and Motorhome-World Parasol may require Data Subjects to provide information voluntarily.
Motorhome-World Parasol collects personal information directly from Data Subjects and/or in some instances from Third Parties. Where Motorhome-World Parasol collects information from Third Parties, it will only do so if permitted by law, it has consent to do so or if it is in terms of a contract. An example of Third-Party information includes information obtained through recruitment agencies, other companies providing services to Motorhome-World Parasol and publicly available information on websites.
The Motorhome-World Parasol website servers might collect your IP address, save for any other personally identifiable information. The information on the IP addresses is aggregated to measure the number of visits, the average time spent on the website, pages viewed, etc. The primary purpose for processing such information is to assist Motorhome-World Parasol to improve service level standards.

2.2.

The types of information Motorhome-World Parasol may collect about a Data Subject, for example and the list is not exhaustive:

2.2.1.

Personal details, such as name, personal email address, current address, telephone number, race, gender, nationality, citizenship, and disability status. Recruitment information, such as the application form on Motorhome-World Parasol website or paper CV, resumes, interview notes of successful candidates, interview notes of unsuccessful candidates, video interviews, references from previous employers, psychometric test results, background screening information.

2.2.2.

Diversity information, such as Data Subject age group, gender, or nationality.

2.2.3.

Internal candidate information, such as references given by Motorhome-World Parasol, interview notes, internal transfer or promotion, succession planning documents.

2.2.4.

Identification information, such as proof of identity.

2.2.5.

Authentication information, username, and password for the recruitment portal. In its capacity as a motorhome manufacturer, camper converter, and vehicle and accessory seller offering warranty administration, service and repairs, customer support, and finance referrals, Motorhome-World Parasol also processes vehicle information, including VIN records, warranty records, service histories, and records relating to consumer complaints.

2.2.6.

Motorhome-World Parasol may also process sensitive personal information about Data Subjects, but only where this is strictly necessary to assess Data Subject suitability for the role the Data Subject has applied for. For example, records of criminal convictions or the right to work in the country, Data Subjects are applying to perform security background checks where it is required by local law.

2.2.7.

Motorhome-World Parasol may collect information such as Data Subject age, gender, or nationality to evaluate who applies for roles at Motorhome-World Parasol to meet our targets for diversity and inclusion.

2.3.

Motorhome-World Parasol will only process a Data Subject's Personal Information for a specific, lawful, and clear purpose (or for specific, lawful, and clear purposes) and will ensure that it makes the Data Subject aware of such purpose(s) as far as possible.

2.4. Is the supply of the personal information voluntary or mandatory?

The supply of certain personal information is mandatory, meaning we have to collect this personal information from you by law. If you do not supply this information, we cannot comply with our legal obligations. In this regard, if you do not supply this personal information, we cannot do business with you. We collect personal information as is required by the following legislation:

Basic Conditions of Employment Act, No. 75 of 1997
Companies Act, No. 71 of 2008
Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
Competition Act, No. 89 of 1998
Consumer Protection Act, No. 68 of 2008
Constitution of the Republic of South Africa Act, No. 108 of 1996
Electronic Communication and Transactions Act, No. 25 of 2002
Employment Equity Act, No. 55 of 1998
Income Tax Act, No. 58 of 1962
Insolvency Act, No. 24 of 1936
Machinery and Occupational Safety Amendment Act No. 181 of 1993
National Payment Systems Act No. 78 of 1998
Occupational Health and Safety Act No. 85 of 1993
Pension Funds Act, No. 24 of 1956
Promotion of Access to Information Act, No. 2 of 2000
Protection of Personal Information Act, No. 4 of 2013
Short Term Insurance Act, No. 53 of 1998
Skills Development Levies Act, No. 9 of 1999
The Labour Relations Act, No. 66 of 1995
The Long-Term Insurance Act, No. 52 of 1998
Unemployment Insurance Act, No. 63 of 2001
Value Added Tax Act, No. 89 of 1991

2.5.

In other instances, the supply of personal information is voluntary, which means there is no law imposed on us to collect this personal information. Even though there is no law that imposes the collection of the personal information, we require the personal information to deliver the products and/or services to you. In this regard, if you do not supply the personal information, we cannot do business with you.

2.6.

Motorhome-World Parasol will ensure that there is a legal basis for the Processing of any Personal Information. Further, Motorhome-World Parasol will ensure that Processing will relate only to the purpose for and of which the Data Subject has been made aware (and where relevant, consented to) and will not Process any Personal Information for any other purpose(s).

2.7.

Motorhome-World Parasol will generally use Personal Information for purposes required to operate and manage its normal operations, and these purposes include one or more of the following non-exhaustive purposes:

2.7.1.

To fulfilling its mandate in terms of the law.

2.7.2.

To providing its products or services to customers and, where relevant, for purposes of doing appropriate customer onboarding and credit vetting.

2.7.3.

For purposes of onboarding suppliers or service providers as approved suppliers/service providers of Motorhome-World Parasol. For this purpose, Motorhome-World Parasol will also process a service provider's/supplier's Personal Information for purposes of performing the necessary due diligence checks.

2.7.4.

Generally, for procurement and supply chain purposes.

2.7.5.

For purposes of monitoring the use of Motorhome-World Parasol's electronic systems and online platforms by Data Subjects. Motorhome-World Parasol will, from time to time, engage third-party service providers (who will process the Data Subject's Personal Information on behalf of Motorhome-World Parasol) to facilitate this.

2.7.6.

For purposes of preventing, discovering, and investigating violations of this policy, the applicable law and other Motorhome-World Parasol policies.

2.7.7.

In connection with the execution of payment processing functions, including payment of Motorhome-World Parasol's suppliers/service providers' invoices.

2.7.8.

For employment-related purposes such as recruiting staff, administering payroll, background checks, etc; and

2.7.9.

In connection with internal audit purposes (i.e., ensuring that the appropriate internal controls are in place to mitigate the relevant risks, as well as to carry out any investigations where this is required).

2.8.

In connection with internal/external and/or international audit assessment purposes. For this purpose, Motorhome-World Parasol may engage external service providers and international bodies or regulators, in so doing, share Personal Information of the Data Subjects with third parties.

2.8.1.

For such other purposes to which the Data Subject may consent to from time to time.

2.8.2.

For such other purposes as authorised in terms of applicable law.

2.8.3.

To comply with any applicable law or any query from Government authorities, including any regulatory or international authority that has oversight over Motorhome-World Parasol.

2.9.

Where Motorhome-World Parasol processes personal information about a Data Subject:

2.9.1.

To secure and maintain the employee's employment, as well as all aspects relating to such employment, it will be necessary for Motorhome-World Parasol to Process Personal and Special Personal Information of the employee. Such Information may be shared with or obtained from Related Companies or external business partners who provide a service to the employer, such as health care providers, retirement benefit administrators, regulatory bodies, or successors in title of Motorhome-World Parasol, as well as other third parties who may have a justifiable interest in obtaining the information, such as a professional body with authority over the employee or the employer, or subsequent potential employers of the employee.

2.9.2.

In fulfilling the legal and compliance responsibilities, Motorhome-World Parasol is required to discharge. Information may be shared in line with legal and compliance requirements that are applicable, which may include local and international dissemination of Information in the exercise of Motorhome-World Parasol responsibilities, such as in relation to audits, cooperation arrangements and information sharing with relevant companies performing/providing similar services. Motorhome-World Parasol will take reasonable steps to ensure that there is a legal basis for such transfer and that the Information is adequately protected and processed as required by applicable law.

2.9.3.

The employee's application for employment, including all the reference and background checks [including but not limited to criminal checks and credit checks] that may be required pursuant to such application, whether such check is reflected as a Condition Precedent.

2.9.4.

Attendance and performance records, including medical records.

2.9.5.

Personal profile information (such as gender, age, ethnic origin, and disability).

2.9.6.

Information relating to any breaches of this agreement, and/or conduct underlying disciplinary action taken against the employee, including the outcome of such processes.

2.9.7.

Consents to the marketing of any of the employer's products, services, or offerings to the employee, such consent to include permission to process the employee's Personal Information and communicate with the employee by way of in person, mail, or electronic communications, to give effect hereto.

2.9.8.

Without derogating from the generality of the aforesaid, the employee consents to the employer's processing of Personal Information insofar as Personal Information of the employee is contained in relevant electronic communications.

2.9.9.

The employee is hereby notified of the purpose and reason for the collection and processing of such Personal Information.

2.9.10.

The Employee undertakes to make available to Motorhome-World Parasol, all necessary Personal Information required by Motorhome-World Parasol for the purpose of securing and further facilitating the employee's employment with the employer;

2.9.11.

Without limiting the generality of the aforementioned, the employee absolves Motorhome-World Parasol from any liability in terms of POPIA for failing to obtain the employee's consent or to notify the employee of the reason for the processing of any of the employee's Personal Information. This election will not in any way be misused by Motorhome-World Parasol and the employee has a right to withdraw such consent, which should not be unreasonable, unjust or in bad faith.

2.9.12.

In terms of privacy, Motorhome-World Parasol undertakes to protect the employee's information in its possession, and in the event of a breach, the employer will disclose to the employee what information has been compromised.

2.9.13.

In doing the above, if Motorhome-World Parasol sends Personal Information about a Data Subject to a country that does not have an adequate level of data protection, as contemplated in section 72 of POPIA, Motorhome-World Parasol will make sure that there is a legal basis for such transfer and that the Data Subject's Personal Information is adequately protected as required by applicable law, for example, by using standard agreements approved by relevant authorities and by requiring the use of other appropriate technical and organisational measures to protect Data Subject Personal Information.

2.9.14.

Further information on the way Motorhome-World Parasol discharges its legal obligations in relation to international data transfers, which may be obtained in writing from the Information Officer, whose contact details are available in this policy.

2.9.15.

By submitting personal information to Motorhome-World Parasol via a contact form, the Data Subject is giving Motorhome-World Parasol permission to contact the Data Subject for purposes of customer services related to Motorhome-World Parasol's core business; and

2.9.16.

Motorhome-World Parasol undertakes to take reasonable security measures to protect all stakeholders' personal information from being accessed by any unauthorised person and confirms that all its electronic systems are regularly monitored to detect and mitigate any vulnerabilities.

4Storage and security

Motorhome-World Parasol takes reasonable measures to protect your information from unauthorised access, loss, or misuse.

5Data Subject rights

5.1.

Data Subjects have a right to correct or update the personal information that was processed by Motorhome-World Parasol about the Data Subject if it is not accurate. If the information Motorhome-World Parasol process about Data Subject needs updating, or Data Subject think it may be inaccurate, the Data Subject can update Data Subject information by contacting the relevant division within Motorhome-World Parasol in writing.

5.2.

Data Subjects have the right to request a copy of the personal information Motorhome-World Parasol processes the Data Subject. A Data Subject can apply for a copy of Data Subject personal information from [email protected].

5.3.

Data Subjects have the right to object in writing to Motorhome-World Parasol from processing Data Subject personal information where Motorhome-World Parasol relies on our legitimate interest to do so, for example, using Data Subject contact information to contact Data Subject about other roles at Motorhome-World Parasol.

5.4.

In certain circumstances, a Data Subject has the right to request that Motorhome-World Parasol erase the personal information Motorhome-World Parasol holds about Data Subject. The Data Subject can request that Data Subject information be deleted by contacting [email protected] or the relevant division within Motorhome-World Parasol in writing.

5.5.

If the Data Subject feels that the personal information, Motorhome-World Parasol holds about the Data Subject is inaccurate or believes Motorhome-World Parasol should not be processing the Data Subject's personal information; the Data Subject may have the right to ask us to restrict processing that information. Data Subjects can request to restrict processing by contacting the relevant division within Motorhome-World Parasol in writing.

5.6.

If Motorhome-World Parasol does not act based on any of the above requests, Motorhome-World Parasol will inform the Data Subject of the reasons, therefore.

5.7.

If Data Subject has an account on our site, or has left Data Subject information, Data Subject can request to receive an exported file of the personal data Motorhome-World Parasol holds about Data Subjects, including any data that Data Subjects have provided to Motorhome-World Parasol. A Data Subject can also request that Motorhome-World Parasol erases any personal data Motorhome-World Parasol holds about the Data Subject. This does not include any data Motorhome-World Parasol is obliged to keep for administrative, legal, or security purposes.

6Retention of personal information

6.1.

Motorhome-World Parasol may keep records of Personal Information, correspondence, or comments it has collected in an electronic or hardcopy file format.

6.2.

In terms of POPIA, Motorhome-World Parasol may not retain Personal Information for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or de-identify the information as soon as is reasonably practicable once the purpose has been achieved. This prohibition will not apply in the following circumstances:

6.2.1.

Where the retention of the record is required or authorised by law or by any government authority.

6.2.2.

Motorhome-World Parasol requires the record to fulfil its lawful functions or activities in terms of the law governing its incorporation, or regulations.

6.2.3.

Retention of the record is required by a contract between the parties thereto.

6.2.4.

The Data Subject (or competent person, where the Data Subject is a Child) has consented to such longer retention; or

6.2.5.

The record is retained for historical, research, archival or statistical purposes, provided safeguards are put in place to prevent use for any other purpose.

6.3.

Where Motorhome-World Parasol retains Personal Information for longer periods for regulatory, statistical, historical, archival or research purposes, Motorhome-World Parasol will ensure that appropriate and reasonable safeguards have been put in place to ensure that all recorded Personal Information will continue to be processed in accordance with this policy and applicable laws.

6.4.

Once the purpose for which the Personal Information was initially collected and processed no longer applies or becomes obsolete, Motorhome-World Parasol will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information. In instances where we de-identify your Personal Information, Motorhome-World Parasol may use such de-identified information indefinitely.

7Cookies and tracking

A cookie is a small piece of data sent from our websites or applications to your computer or device's hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smartphone.

By using our websites or applications, you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.

Motorhome-World Parasol's cookies fall into the following categories:

Essential cookies, required for core site functionality and security.
Analytics cookies, including tools such as Google Analytics, used to understand website usage.
Functional cookies, used to remember preferences.
Advertising cookies, including technologies such as the Meta Pixel, used to deliver and measure relevant advertising.

Data Subjects may manage or withdraw cookie consent at any time through the cookie preference tool on our website, where available, or through their browser settings.

8Direct electronic marketing

In terms of section 69 of POPIA, Motorhome-World Parasol may only send direct marketing communications by email, SMS, WhatsApp, or similar electronic means, and via social media platforms such as Facebook, Instagram, and LinkedIn, where the Data Subject has consented, or is an existing customer being marketed similar products or services and was given a reasonable opportunity to object at the point of collection and on each subsequent communication.

This includes newsletters, remarketing, and lead-generation communications. Data Subjects may opt out or unsubscribe at any time using the unsubscribe link in any electronic communication, or by contacting the Information Officer, and Motorhome-World Parasol will give effect to such requests without unreasonable delay.

Access, correction and complaints

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

Confirmation that we hold your personal information.
A copy or description of the record containing your personal information; and
The identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.
Please note that the law may limit your right to access information.
You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.
A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.
You may object on reasonable grounds to the processing of your personal information.
We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing is done according to your consent or the processing is necessary to conclude or perform under a contract with you.
Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems; during this time we may still process your personal information. You must inform us of any objection in writing.
You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.

Information Regulator contact details

Email: [email protected]
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Physical address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg

9How to contact Motorhome-World Parasol

If the Data Subject has any further questions about this Privacy Policy or how Motorhome-World Parasol processes Data Subject information, please contact the Information Officer. The Information Officer for Motorhome-World Parasol is the Chief Financial Officer.

Nontobeko Vellah, Chief Financial Officer and Information Officer

Telephone: 011 395 1020
Email: [email protected]

10Review of the policy

This policy will be amended as and when there are developments in the policy, governance, the law and/or operational environment that necessitate a review.

Company information and contact details of Motorhome World

Tel: 021 577 3863
Cell/WhatsApp: 064 864 6312
Email: Sales and Enquiries – [email protected]
Email: General Info and Secondhand Enquiries – [email protected]
Address: See footer

Our Office Hours:
Mondays to Thursdays: 07h00- 17:00.
Fridays: 07h00 – 14h00.
Saturdays: Only by Appointment.

Policies:

Privacy Policy Motorhome-World

The following principles underpin our approach to respecting your privacy:

We will provide clear information about how we use your personal information.
• We will take all reasonable steps to protect your information.
• We will comply with all applicable data protection laws and regulations.
• By using our website / products / services, you are consenting to collecting, using and disclosing yourpersonal information. We will only collect, use and store your personal information where it is fair and lawful to do so.
• Should we require information about children under the age of 18, we will obtain consent from a parent orguardian before we collect the personal information.
• “Personal information” refers to information such as name, residential / postal address, telephone numbers,e-mail addresses, credit card details etc.
• We may collect information about you from different sources, including information you give us directly orinformation collected by using our website or through an agent.
• We may use personal information:
– To submit information about our services / products;
– To fulfill agreement with the user;
– To ensure the user’s requested services / products are delivered;
• No login names or passwords will be disclosed to any third party, except those third parties responsible for the execution of the services / products.
• We take all reasonable precautions to keep your personal information secure and access to your personal information is restricted to prevent unauthorized access, modification or misuse and is only permitted among our employees and agents on a need-to-know basis.
• Information will not be kept or stored for longer than is needed to complete the services / products or that the following Acts require :
– Close Corporation Act No 69 of 1984
– Companies Act No 71 of 2008
– Consumer Protection Act No 68 of 2008
– National Credit Act No 34 of 2005
– Electronic Communication and Transaction Act No 25 of 2002
– Value Added Tax Act No 89 of 1991
• We endeavor to take all reasonable steps to protect the user’s personal information. However, we cannot guarantee the security of any data that the user discloses online. The user accepts the inherent security risks of providing information and dealing online and will not hold the company , its directors, employees or agents responsible for any breach of security unless this is due to our proven gross negligence or willful misconduct.
• Please feel free to contact us if you have any questions regarding our Privacy Policy.

TERMS AND CONDITIONS OF SALE

1.INTERPRETATION

1.1 In these Conditions: “Buyer”means the person; company or retailer whose order for the Goods is accepted by the Seller; “Seller” means Bobo Motorhomes cc t/a Motorhome-World (registered in South Africa, CK 2001/070787/23) and or Fiamma Southern Africa CC (registered in South Africa, CK 2008/054077/23) “Goods”means any manufactured motorhome and or caravan, including and or excluding any after market products for the motorhome and or caravan, or any other products or services offered by the Seller. “Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) including any special terms and conditions agreed in Writing between the Buyer and Seller; ”Contract “means the contract for the purchase and sale of the Goods, “Customized goods”means any part,assembly, inhouse manufactured goods or a complete motorhome that was designed by MH-W to the buyer’s own specification and wishes. ”Writing”and includes telex, cable, facsimile transmission, E-mail and comparable means of communication provided that any communication by facsimile transmission shall be followed by a hard copy thereof sent by post.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted extended the relevant time.

1.3 The heading in these Conditions are for convenience only and shall not affect their interpretation.

1.4 The terms and conditions contained in this conditions of sale, shall constitute the entire agreement between the Seller and Buyer and no variation, amendment, consensual cancellation or otherwise shall be of any force or effect unless agreed to by both the Seller and Buyer in writing.

BASIS OF SALE

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any order of the Buyer which is accepted by the Seller, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.

2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorized representatives of the Buyer and the Seller.

ORDERS AND SPESIFICATIONS

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller’s authorized representative. The Buyer must place orders with the Seller in Writing.

3.2 The Buyer must place orders with the Seller by letter, fax or e-mail.

3.3 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements.

3.4 No order which has been accepted by the Seller may be canceled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.

3.5 Any cancellation of a motorhome, caravan and or Goods orders or returns are subject to a minimum 10% cancellation fee. Any cost incurred by Motorhome-World for a particular order will be deducted from a deposit where received. Where a deposit has been received by the Seller for the securing of a chassis / manufacturing slot, this will show that the client has deemed to have accepted the terms and conditions as set out in this document. This deposit is also subject to the above mentioned cancellation fee.

3.6 For Dethleffs orders and deposits received, The ordered Dethleffs unit is specially ordered, manufactured and imported by Motorhome-World for the client. Upon a cancellation received, the client will only be refunded the deposit after the unit has been sold to a third party. This deposit is still subject to above conditions as described in item 2.1.

3.7 Only Goods returned undamaged and in original packaging with be accepted as returns.

PRICE OF THE GOODS

4.1 The price of the Goods shall be the price listed in the Seller’s price list current at the date of acceptance of the order.

4.2 The price for the Goods does not include the price of carriage and at the Buyer’s request the Seller shall arrange for delivery of the Goods to such premises as the Buyer may require subject to such charge for transport, packaging and insurance as the Seller may specify.

4.3 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

TERMS OF PAYMENT

5.1 The Buyer of a motorhome and or caravan must pay a deposit as negotiated between the Seller and the Buyer before any manufacturing of the aforementioned will start.

5.2 The Buyer shall pay the full outstanding price of the Goods, that exclude the deposit in the case of a motorhome and or caravan (without any deductions) before the date of delivery for the goods. The Buyer shall pay the price of the Goods (without any deductions) within 30 days of the date of the Seller’s invoice if the Seller granted credit facilities with the Buyer, if not, the Buyer must furnish payment before or on the delivery of goods, notwithstanding that delivery may not have taken place. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

5.3 Payment will be done by transferring cash or making electronic (Internet) payments into the Sellers bank account. For motorhomes and or caravans, only Cash transfers, electronic (Internet) payments or Bank guaranteed cheques are accepted as form of payment for deposits or any other payments.

5.4 The Seller shall be entitled to recover the price of the Goods (plus value added tax) notwithstanding when the property in the Goods has not passed to the Buyer.

5.5 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.6.1 cancel the Contract or suspend any further deliveries to the Buyer,

5.6.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

5.6.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 2 per cent per month above Standard Bank (Pty)Ltd base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5.7 If the Buyer has an approved credit facility with the Seller those terms and conditions of that agreement will supersede this contract.

DELIVERY

6.1 Collection of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the seller, by the seller delivering the Goods to that place with a delivery fee without any risk of loss and or damage to any goods shall pass the seller. The Buyer must inform the Seller of the necessary insurance available for the transport of goods.

6.2 If the Seller does not have sufficient stock of the goods which are ordered by the customer, unless the customer cancels its order in writing, the goods will be available as soon as the Seller receives the stock thereof.

6.3 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods for reasons beyond its control. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.

6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.

6.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instruction at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, may:

6.5.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or

6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

6.5.3 the deposit made to purchase the goods will be forfeited and or the Buyer will only be rereimbursed against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Seller as a result of cancellation.

RISK AND PROPERTY

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:

7.1.1 In the case of Goods to be delivered at the Buyers premises, at any time when the Seller notifies the Buyer that the Goods are available for collection ; or

7.1.2 in the case of Goods to be delivered otherwise than at the Buyers premises, at the time of actual delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property and shall arrange for the Seller’s interest to be noted on all relevant insurance policies. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall hold the proceeds of sale of the Goods, and proceeds of any insurance claim, on trust for the Seller shall keep all such proceeds seperate from any moneys or property of the Buyer and third parties in a separate bank account clearly denoted as an account containing monies deposited for the benefit of the Seller by the Buyer acting in a fiduciary capacity.

7.4 Until such time as the property of the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so immediately, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossesses the Goods.

7.5 The Buyer shall not be entitled to pledge or in any way change by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

WARRANTIES AND LIABILITY

8.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. All other warrants, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law; unless any such warrants were issued to the Buyer in writing.

8.2 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.

8.3 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

8.3.1 Act of GOD, explosion, flood, tempest, fire or accident

8.3.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition

8.3.3 acts restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;

8.3.4 import or export regulations or embargoes

8.3.5 strikes, lock -outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party)

8.3.6 difficulties obtaining supplies

8.3.7 power failure or breakdown in machinery

8.4 in respect of any Customized goods, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, if the seller has warned the buyer in writing regrading the possible practical none use (be it minor use of complete use of a motorhome) of a particular design of the customized goods.

8.5 A motorhome, consisting of a vehicle(which may include modifications to the chassis depending on the model ordered) and body/motorhome conversion is covered by seperate warrentees.

8.5.1 The vehicle warranty is covered by the original vehicle manufacturer (OEM)

8.5.2 The motorhome conversion/body is covered by the Seller

8.5.3 The Seller shall not be liable to the buyer or deemed to be in breach of contract for any claims of warranty relating to the original vehicle.

INSOLVENCY OF BUYER 9.1 This clause applies if:

9.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation of reconstruction): or

9.1.2 an encumbrancer takes possession of or a receiver is appointed over any of the property against the Buyer; or

9.1.3 a winding up petition (if a company) or a bankruptcy petition (if an individual) is presented against the Buyer; or

9.1.4 the Buyer ceases, or threatens to cease, to carry on business or

9.1.5 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly

9.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller. the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding and previous agreement or arrangement to the contrary.

GENERAL

10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

10.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

10.4 The Contract shall be governed by the laws of South Africa and any dispute arising under or in connection with these Conditions or the sale of the Goods shall be subject to the jurisdiction of the South African courts.

10.5 If the goods are returned or repossessed by the Seller, it shall be entitled to dispose of same in such manner and on such terms and conditions as it may in its sole discretion determine.

10.6 The Buyer undertakes to notify the Seller in writing of any changes of address of its principal place of business and or registered office (where applicable). The Buyer chooses as its “domicilium citandi et executandi” for the service of all letters; notices; accounts; summonses and the like at the physical address being the physical place of business aforerefered to.