All Time Car Rental
 
FOR RESERVATIONS
905.275.7274 or 416.241.0004
 
All Time Fleet Sales : Terms & Conditions
 
905.275.7274
 
Introduction
Inventory
Terms & Conditions
 
 
 
TERMS & CONDITIONS

Please carefully read the terms and conditions set out below. They describe your rights and explain how we operate. Please be aware that by accessing the website www.Kaiva Corporation.com or placing a Vehicle Order with us you are agreeing to these terms and conditions.

 
Ordering Process
  • If you tell us your wish to purchase a Car and that car is available, we will send you a Vehicle Order. The Vehicle Order will detail the Specifications and Price.
  • If you decide to purchase the Car, you should review and sign the Vehicle Order and return it to us together with the Deposit within 24 hours of receipt (unless otherwise stated in the Vehicle Order Form). By signing and returning the Vehicle Order together with the Deposit, you will be entering a binding contract for the purchase a Car with the Specifications at the Price (the “Contract”). Please note that you must return the signed Vehicle Order and Deposit to us within 24 hours (or such other time as stated in the Vehicle Order) as we cannot guarantee the Price or the availability of the Car beyond that period.
  • Following the receipt of a signed Vehicle Order, we will send you an Order Confirmation.
Top
Price and Payments
  • When returning a signed Vehicle Order you are required to pay us a deposit of $500 (please note that certain cars maybe subject to a higher deposit). When the Car is ready for Delivery we will then send you a final invoice.
  • The balance of the Price (being the Price less the Deposit and the amount of any Part-Exchange Valuation agreed by us) shall be paid in US dollars within 14 days of receipt of the final invoice. Payment must be made by an agreed method to our account with CIBC Bank (Bank Transit Number 03022 , Account number29-11310 ) (the "Account"). We will not proceed with Delivery of the Car until we receive cleared funds into the Account in the amount of the balance.
  • All Prices quoted to you and appearing in the Vehicle Order will, unless stated otherwise, include only the car itself with additional payment for packaging, shipping and storage.
  • Where fees are applied, particularly in the case of credit cards, these will be passed onto you in addition to the Price. Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We may perform a validation check and authorization check with the card issuer and reserve the right to refuse your order where the card issuer refuses to authorize payment or where we have any other legitimate concerns about your payment.
  • All payment have to be received before the ownership transfer and bill of landing.
  • If you fail to pay any sum when due under the Contract you will be liable to pay interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of CIBC Bank, accruing on a daily basis until payment is made, whether before or after any judgment. If no specific due date for payment has been agreed, the due date for payment shall be deemed to be:
    1. the date falling 14 days after receipt of the final invoice; or
    2. (if earlier in time) the date of actual Delivery or Collection of the Car; or
    3. (if earlier in time) the date falling seven days after the date of the notice we give to you that the Car is ready for Delivery or Collection.
  • Please note that the Car will remain the property of Kaiva Corporation until full and final payment is received by us.
Top
Delivery
  • Prior to the signing of the Vehicle Order we will give you the option of either collecting your Car or having the Car delivered to you anywhere in the world but the clearing through customs and duties and applicable taxes would be the buyer’s responsibility on both ends.
  • The Estimated Delivery Date in your Vehicle Order represents our best estimate of the time it will take for the Car to be delivered to you. We will do all that we reasonably can to deliver the Car to you before the Estimated Delivery Date. However, this may occasionally be subject to manufacturer and other delays and you acknowledge that Delivery may occur later than the Estimated Delivery Date. We will inform you as soon as possible and if we are unable to deliver the Car by the Estimated Delivery Date. You will be entitled to cancel the contract and receive repayment of your Deposit if Delivery has not taken place within 28 days of the Estimated Delivery Date unless you have agreed otherwise, orally or in writing, to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay. IMPORTANT: where “Factory Order” is indicated in the Estimated Delivery Date on the Vehicle Order you accept that we have no control over the time that it takes for the factory to build the car you have ordered and as a consequence we are unable to give you a right of cancellation in the event of an extended delay in Delivery.
  • We will not be liable for any delay in the delivery of the Car which is attributable to a Force Majeure.
  • Once your Car is ready for Delivery, should you request a delayed Delivery for any reason then we agree to do all that we reasonably can to store the Car for you until you are ready to take Delivery. In this circumstance you agree to pay for the storage of the Car in full. Please note that we may still require payment on the due date which may be prior to Delivery.
  • On Delivery of your Car you will be asked to sign a Delivery Acceptance Note. Please note that after signing this note you will be deemed to have accepted the Car in the condition it arrives. It is therefore important that you check the Car for any Damage that may have occurred during Delivery and that you detail any such Damage on the Delivery Acceptance Note before signing it. If you do not wish to accept Delivery of the Car because of such Damage, then DO NOT sign the Delivery Acceptance Note. In the event that there is Damage to the Car but you still wish to accept Delivery, and provided that you have noted such Damage on the Delivery Acceptance Form, then you will have the rights set out in clause 5.7 (to have the Damage made good). Please note that Kaiva Corporation cannot be responsible for any claim of Damage to the Car if it is not brought to our attention on the Delivery Acceptance Note.
  • In the event that you have specified a Delivery Arrangement with Kaiva Corporation, and you subsequently choose to re-arrange or cancel such Delivery Arrangement less than 48 hours before delivery is due to take place, please note that you may be subjected to a cancellation charge of up to $200.
Top
Refund Of Deposit
  • If for any reason we have taken a Deposit from you but are unable to subsequently send you a Vehicle Order then we will return in full any Deposit paid by you to us as soon as possible (and in any event within thirty days of the date of receiving the Deposit) but we will be under no further liability whatsoever to you.
  • If the Order is cancelled by us due to a failure by you to take Delivery of the Car, or cancelled by you for any reason while we are not in breach of the Contract, then we shall be entitled to retain all or that part of the Deposit that is reasonable for us to cover the costs incurred by us which may include arranging transport, registration or resale of the Car (taking into account market fluctuations of the value of the Car).
  • If the Order is cancelled by you as a result of a breach by us of any of the conditions of the Contract, or as a result of you exercising your right to cancel following Delay as outlined in Clause 3.2, then you are entitled to a refund of your Deposit.
Top
Canceling or Changing the Order
  • After you have signed the Vehicle Order, the Specifications and Price are fixed and may only change as follows:
    1. Where you request a change to the Specifications and it is reasonably practicable for us to make those changes and you are willing to pay any corresponding increase in the Price. If it is not practicable to make the requested changes, you agree to accept the Specifications as originally ordered. You acknowledge that the sooner you are able to communicate a change of preference to us then more likely we will be able to accommodate your wishes;
    2. if, following an Order for a generic car model, the manufacturer changes the Specifications or price or model year then you will have the option either to accept the Car with the changed Specifications, Price or model year (and pay any resulting increase to the Price) or to cancel the Order and receive your deposit back in full
    3. If the costs of road fund license or the rate of value added tax increases then you will be required to pay the increased amount
  • We may cancel your Vehicle Order immediately by written notice if any of the following occurs:
    1. The manufacturer ceases to make the type of Car you ordered;
    2. The Vehicle Order has been formed upon the basis of a substantive error;
    3. A Force Majeure event occurs;
    4. You materially breach any term of the Contract, including failure to make any payments when due; or
    5. you fail, within 14 days of being asked to do so, to nominate an address for the Delivery of the Car to you, or you fail to take Delivery of the Car when Delivery is attempted by us at the address specified for Delivery in the Order, or you fail to ensure Collection has taken place within 14 days of the Collection date agreed with you.
  • Please note that if we cancel your Vehicle Order pursuant to clause 5.2.4 or 5.2.5 above, then we will do our best to find an alternative buyer for the Car. If we cannot find an alternative buyer, we reserve the right to forfeit some or all of your deposit as compensation for any losses caused directly by your breach. Kaiva Corporation Limited will not be liable for any consequential loss incurred due to cancellation of Order.
  • You may cancel your Vehicle Order if any of the following occurs:
    1. We materially breach the Contract;
    2. Each car will be reported for damages on the best knowledge of our staff and if a car is not in the best interest of the buyer the car would be rejected by our staff and a full deposit return would be issued to the buyer unless he wants to change the car.
    3. The Vehicle Order has been formed upon the basis of a substantive error in relation to any term of the Vehicle Order including a typographical or mathematical error with respect to the Price or Specification;
    4. You may choose to exercise your right to cancel in accordance with Clause 3.2 (excess delay in the Delivery of your Car); or
    5. Any of the circumstances outlined in Clauses 5.1.2 above (change of Specifications or model year, or increase in Price by the manufacturer).
  • In addition, you have a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel your order for any reason without charge. This cancellation right begins on the only before selection and you can’t customize the Car beyond the pre-defined manufacturer specific options available.
  • If you exercise your right to cancel an Order after Delivery of the Car pursuant to Clause 5.4 or Clause 5.5, then:
    1. You must inform Kaiva Corporation Limited as soon as possible.
    2. You cannot return the car after it has been delivered. or bought from the Auction and elsewhere.
    3. You must keep the Car in the same condition as it was Delivered until it is either returned or collected, and this means that you may not increase the mileage shown on the Car's odometer by more than 20 kilometers compared with the mileage at the time of Delivery;
    4. When the Car is returned or collected you must provide to us the keys, V5 registration document and all other documentation and items supplied with the Car; and
    5. You must compensate us for any Damage you have caused to the Car or any use you may have made of the car which has reduced its value.
  • Should you wish us to make any changes to the missing Specifications or Damage to the Car instead of choosing to cancel the Contract and receive a refund, then, provided you have noted such missing Specification or Damage on the collection/Delivery Acceptance Note, and to the extent that it is reasonably practicable for us to do so, we shall use our best endeavors to do so within a reasonable period of time having consideration to the nature of the repairs required. If it is not reasonably practicable for us to make good any missing Specifications or Damage to the Car we shall offer you a full refund of the Price. This does not affect your statutory rights.
Top
Used Cars

From time to time advertisements for used cars may appear on the Website. Please note that all such cars are offered for sale by third parties and the sale of such cars shall be subject to the terms and conditions of that third party. Kaiva Corporation is not an agent for and does not represent those persons, companies and other organizations whose used cars are advertised on the Website and the advertisements do not constitute any part of an offer or contract. Kaiva Corporation Limited makes no warranty or representation that the items advertised for sale via the Website are offered free of encumbrance, charge or any other unexpired right in the item or that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase.

Top
Part-Exchange Cars
  • Kaiva Corporation offers a part-exchange facility under which we may agree to accept your Part-Exchange Car in lieu of payment of the amount of the Part-Exchange Valuation subject to the satisfaction of each of the conditions set out below:
    1. That the Part-Exchange Car is your own property and is either free from all encumbrances, or is subject only to one or more encumbrances capable of a cash settlement, in which case we will (after we have received your Part-Exchange Car and delivered the Car to you) apply an appropriate amount of the Part-Exchange Valuation to any appropriate third party to discharge any such encumbrances, and you accept that the amount of the Part-Exchange Valuation shall accordingly be reduced (and the amount of the Price payable by you in cleared funds correspondingly increased) by the amount required to discharge any such encumbrances;
    2. Should we require to do so, that we have been given reasonable opportunity to examine your Part-Exchange Car to confirm the appropriate level of the Part-Exchange Valuation and that such examination has taken place to our satisfaction;
    3. That we receive your Part-Exchange Car from you in substantially the same condition as was specified by you in the information provided to us pursuant to which the Part-Exchange Valuation was calculated and that the statements and representations made by you in relation to your Part-Exchange Car (including all statements, assessments and representations submitted by you on the site) are accurate and complete in all respects;
    4. 7.1.4 That you have disclosed to us, prior to the Part Exchange Valuation, all facts that may materially affect on the value of the Car; and
    5. That your Part-Exchange Car is collected by us at the same time as or before Delivery of the Car is made to you, and that title in your Part-Exchange Car passes to us absolutely upon Collection.
    6. That your Part-Exchange Car has a valid MOT and road tax and is in a condition suitable for use on the public highway, unless formally agreed by us, at the time of collection by us.
    7. That all vehicle documentation, V5C registration certificate, valid MOT certificate, service history and standard equipment (i.e. parcel shelf, spare wheel) relating to your Part-Exchange Car, unless formally agreed by us, is made available at the time of collection by us.
  • If any of the conditions set out above are not satisfied we will be discharged from any obligation to purchase your Part-Exchange Car or to confirm the Part-Exchange Valuation, in which circumstances we will have the choice to decide whether:
    1. You will be bound to pay the Price in full in accordance with these conditions without the Part-Exchange Car, (unless you are legitimately canceling the Contract in accordance with Clause 5.4); or
    2. We will accept the Part-Exchange Car and make an appropriate deduction in the Part-Exchange Valuation (by recalculating the value of your Part-Exchange Car where appropriate) to fairly and adequately compensate us for any inconvenience, losses, expenses or charges we incur, and you will then be bound to pay the Price in accordance with these conditions utilizing the Part-Exchange Valuation as varied, (unless you are legitimately canceling the Contract in accordance with Clause 5.4).
  • If for whatever reason:
    1. You do not allow us to collect your Part-Exchange Car within a period of 60 days of the date of the Part-Exchange Valuation; or
    2. the total mileage of your Part-Exchange Car on Collection by us exceeds the estimated mileage used for the purposes of calculating the Part-Exchange Valuation;

then we reserve the right to recalculate the value of your Part-Exchange Car to take account of the increased mileage and any other factors which may reduce the value of your Part-Exchange Car since the Part-Exchange Valuation was calculated, and you agree to be bound to pay the Price in accordance with these conditions utilizing the recalculated value of your Part-Exchange Car in the Contract.

  • Where we have agreed the Part-Exchange Valuation of your Part-Exchange Car in accordance with these conditions, and you cancel the Contract after we have collected the Part-Exchange Car from you, we may (in our absolute discretion) either return the Part-Exchange Car to you or pay to you a sum of money equal to the amount of the Part-Exchange Valuation of the Part-Exchange Car.
Top
Use of the Website
  • All material on the Website (the "Content") is the property of Kaiva Corporation Limited. You may not reproduce part or all of the Content of the Website in any form unless it is for personal, non-commercial use. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other). You may not frame or link to the Website or any part of it without our permission (although we will generally be happy with a link that promotes the Website). You may not use the Website for any illegal or unlawful purpose.
  • In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Kaiva Corporation Limited:
    1. Redistribute any of the content (including by using it as part of any library, archive or similar service);
    2. Remove the copyright or trade mark notice from any copies of content made under these terms; or
    3. Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content.
    Requests to republish or redistribute content should be addressed to the content manager, Kaiva Corporation Limited, The Farmhouse, Gaters Hill, Mansbridge Road , Southampton , SO18 3HW .
  • You acknowledge that "Kaiva Corporation Ltd", Kaiva Corporation.co.uk, "Kaiva Corporation" and the “Kaiva Corporation” logo are trade marks of Kaiva Corporation Limited and that you may not use them without written permission from Kaiva Corporation Limited.
  • You may use the Website to purchase products or services from Kaiva Corporation Limited’s third party partners. In that event, your Contract for such products will be with the third party partner and will be subject to that third party's terms and conditions. Kaiva Corporation Limited cannot be responsible for any aspect of the relationship between you and the third party partner; in particular anyone advertising used cars through the Website. Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements. Kaiva Corporation Limited will not be responsible for any error or inaccuracy in advertising material.
  • Kaiva Corporation Limited makes every effort to ensure that the content on the Website is accurate and will endeavor to make the Website available at all times but we neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site and do not guarantee that the Website and the content will operate without interruption. Kaiva Corporation Limited excludes any liability for any errors and omissions on the Website or any loss caused by the use of or inability to use this site.
  • Other than those contained in these Terms and Conditions, and your statutory rights, Kaiva Corporation Limited does not give any warranties in respect of the Website or content or the products or services available through the Website and makes no representations as to the fitness for a particular purpose of any products or services available on the site. Kaiva Corporation Limited does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Website or the purchase or use of any products or services from the site.
  • All photos, drawings, descriptive matter, specifications and advertising appearing on the Website are issued or published for the sole purpose of giving an approximate idea of the cars described in them. The Car models pictured and described on the Website are illustrative of the model generally, and may include optional extras, and should not be taken as representing the exact Car you may choose. As indicated below, should you decide to purchase a Car, you should review the exact Specifications contained the Vehicle Order, as these will form the precise description of the Car you are purchasing.
  • Kaiva Corporation Limited may wish to change these Terms and Conditions (including those relating to your use of the content) at any time and without notice to you. By using the Website following any changes to the terms, you agree to be bound by those changes.
  • The display of vehicles on the Website and/or any quotation given by us to you on the Website in respect of any Car shall not constitute an offer by us to sell or supply any Car and prior to the signature by you of the Vehicle Order we reserve the absolute discretion to refuse to accept any Order from you, or to refuse to sell or supply any Car to you, without the need to provide any reason therefore .
Top
Privacy Policy
  • In the performance of the Contract, we may collect certain personal information relating to you (such as your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"). Kaiva Corporation Ltd is committed to protecting your privacy. We understand that personal information is especially sensitive and that you may have concerns about sharing personal information with us. We believe you should control the amount of information we receive about you.
    1. We will not collect or process sensitive personal information relating to you (such as your political or religious beliefs, racial or ethnic origin, sexual life or health) without your explicit consent and your Personal Information will be processed by us for the purposes of (collectively "the Purposes"): the performance of the Contract; and
    2. To check your credit record with any credit reference agencies and for fraud prevention purposes (which will include the supply of your Personal Information to third parties for such purposes) should you decide to apply for finance.
  • By entering into a Contract, you consent to the processing and disclosure of the Personal Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to you.
  • We agree to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
  • If you wish to update or correct any inaccuracies in your Personal Information or if you have any other comments or complaints in relation to this Services Agreement or the Vehicle Order please let us know by e-mail to info@kaivafashions.com.
  • In accordance with the Privacy & Electronic Communications Act 2003 we do not send random marketing emails to personal email addresses (spam).
Top
Limitation of Our Liability
  • Our entire financial liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract to you in respect of:
    1. Any breach of these Terms and Conditions;
    2. any use made by you of or resale by you of a Car; and
    3. any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract,

    shall be limited to the Price, and we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of a Car (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.

  • Nothing in these conditions excludes or limits the liability of the Company:
    1. for death or personal injury caused by the Company’s negligence; or
    2. under section 2(3), Consumer Protection Act 1987; or
    3. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
    4. For fraud or fraudulent misrepresentation.
  • We may on occasion offer you certain products and services from our Suppliers in connection with the Car you are purchasing, for example free motor insurance. Please note that in these instances we will put you in touch with the Supplier and any contract made for the provision of these products or services shall be between yourself and the third party Supplier and not between yourself and Kaiva Corporation. We may for our and your convenience refer to the product or service on the Vehicle Order but this shall not form a term of the Contract and we shall not under any circumstances be responsible for the ongoing provision of that product or service.
Top
Amendments to these Conditions

These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a representative of Kaiva Corporation Limited. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. For the avoidance of doubt, any finance agreement or agreement for the purchase of a used Car you may enter into will be separate agreements made between you and a third party.

Top
Contacting Us

Any notice under the Contract (including any amendment to the Vehicle Order) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.

 
Assigning the Contract
  • We may at any time without prior notice to you cause all or any part of our rights, benefits and/or obligations under the Contract to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which we transfer all or a significant part of our assets by delivering to you a written substitution notice.
  • This Contract is personal to you and you may not transfer it without our prior written approval. Such approval will not be withheld without good reason.
Top
Complaints

If you have any complaint about our performance, please contact our customer services department by writing to Complaints, Kaiva Corporation, 833-Westlock Rd , Unit #2 , Mississauga , Ontario , L5V 1T6 , Canada or by email to info@Kaivafashions.com .

2006 - 2010. All Rights Reserved. All Time Car Rental. | Privacy Policy | Terms of Use |
Powered by Enetmaill.com | Creatives @ //EnetStudioz | An Enetmaestro.com Company