Terms & Conditions

Moto Buy Back (Pty) Ltd (“MBB”, “we”, “us”, “our”) is a South African registered company that provides vehicle registration, subscription management, and programme services to non-resident visitors to the Republic of South Africa.

Our business address is 25 Protea, Mountainside, Gordon's Bay, Cape Town, Western Cape, South Africa. Company Registration No (CRN): 2026/412224/07.

You can reach us at kerrenwolfin@motobuyback.com or on +27 67 343 1425 (phone and WhatsApp).

MBB purchases a vehicle on your behalf, registers it in MBB’s name as your agent and nominee, and provides support services throughout your stay. At the end of your stay, MBB sells the vehicle on your behalf and remits the proceeds to you.

Our services are available to individuals who:

• Are non-residents of the Republic of South Africa, legally in South Africa on a valid visa or visa-exempt entry.
• Hold a valid passport and an International Driving Permit (IDP) or a driving licence recognised in South Africa.
• Are 18 years of age or older.
• Are not subject to any financial sanctions, asset freeze orders, or prohibitions under South African or international law.
• Can provide satisfactory proof of identity and source of funds as required under the Financial Intelligence Centre Act 38 of 2001 (FICAA).

MBB reserves the right to decline any application at its sole discretion, including where it cannot complete its customer due diligence obligations satisfactorily.

When you join the Moto Buyback programme, you will sign three separate legal agreements. These Terms and Conditions are the dominant, controlling agreement for all three: each agreement is deliberately kept short and specific to your bike, your dates, and your figures, but the Agency Agreement, the Subscription Agreement, and the Sale Mandate are each subject and subordinate to these Terms and Conditions in every respect. Where any specific agreement is silent on a point, or appears to differ from these Terms and Conditions, these Terms and Conditions govern and prevail.

All three agreements are signed together when you complete your purchase. The Sale Mandate is signed as an advance authorisation at that same time — MBB doesn’t yet know your eventual sale price or buyer, but already holds clear authority to sell the vehicle whenever your subscription concludes or a cancellation applies, without needing a further signature from you at that later point. The commercial details of the actual sale are completed and initialled by both parties when that time comes. Your Pre-Agreed Depreciation Schedule and Pre-Handover Condition Report are completed and signed with you in person on your Collection Date. No agreement will be back-dated.

Signing all three agreements is done in anticipation of payment, and does not by itself complete your purchase. Each agreement becomes fully effective only once MBB has received cleared funds for the full amount due at purchase (the Bike Price, On-Road Fee, any Shipment charge, and your chosen tyre set). The date on which MBB receives those cleared funds is your Purchase Date. If cleared funds are not received within 7 business days of signing, the agreements lapse automatically and without further notice, and no Purchase Date is established. If you choose to inspect a new vehicle first (Section 15), you sign a short New Vehicle Reservation Agreement when you pay the retailer’s deposit, and you accept these Terms when you sign it. It appoints MBB as your agent to place the deposit and, once you confirm and pay the full amount, to buy the vehicle for you. The three agreements above are then signed when you pay the full amount.

MBB sources a vehicle matching your requirements through its dealer network. The price you pay consists of:

• Bike Price — the total vehicle purchase price (includes MBB’s facilitation commission, blended into one figure — the commission is embedded and not disclosed as a separate line item).
• On-Road Fee — R3,000. Covers registration, licensing, roadworthy certification, and number plates.
• Shipment — R3,500, an added cost like the On-Road Fee. It is charged only where the vehicle needs to be shipped to your collection location, and is not included in the Bike Price.
• Tyres — a new tyre set is mandatory on every vehicle. You choose your tyre set at the time of purchase; this is not optional.

Full payment of the amount due at purchase is required before your vehicle is purchased on your behalf. If you change your mind, Section 15 (Cancellation & No-Use Buyback) applies.

The total amount you pay for the vehicle is not a rental deposit — it is the full purchase consideration. You own the vehicle from the moment of purchase. The vehicle will depreciate from the Purchase Date, including during any pre-arrival storage period. You accept this risk when you enter the programme.

Every vehicle is classified as either New (purchased by MBB as an unused, zero-kilometre unit from a dealer) or Used (purchased second-hand from a dealer). Your Agency Agreement records which applies to your vehicle. This classification matters under Section 15.

Every vehicle undergoes MBB’s internal inspection and disclosure process with the dealer before being offered to any client.

South African law (National Road Traffic Act 93 of 1996) requires vehicles to be registered in the name of a South African resident or registered entity. Because you are a non-resident, you cannot register a vehicle in your own name.

MBB holds registered title to the Vehicle as your agent and nominee, using MBB’s Business Registration Number Certificate (BRNC) to register the Vehicle in its own name. This means:

• You are the beneficial owner — you paid for it, you bear the economic risk, and the proceeds of any sale belong to you.
• MBB is the registered titleholder — for administrative and legal compliance purposes only.
• MBB has no beneficial interest in the vehicle and will not use it for any other purpose.

The Registration Cycle runs for 12 months from the date the vehicle is registered, as recorded in Schedule A of your Agency Agreement — not from the date you collect it. The minimum subscription is one calendar month from your Collection Date, and your subscription cannot run beyond the end of your Registration Cycle. If you wish to continue beyond the Registration Cycle, the vehicle must be re-registered and new agreements signed before it expires, and renewal fees apply.

Your Registration Choice

You decide whether the vehicle is registered before you collect it. Your Registration Cycle starts when the vehicle is registered, so this choice affects how much of the cycle you use:

• Registered in advance. MBB registers the vehicle in good time before your confirmed Collection Date, as late as practicable, so it is ready to ride the moment you collect it and your Registration Cycle is used as fully as possible. You confirm your arrival date in writing. If you postpone after the vehicle is registered, your Registration Cycle is not extended.
• Not yet registered. The vehicle is secured for you but has not changed hands. Registration is done after you have inspected it, and takes around 5 days before you can ride it. Your Registration Cycle starts from that registration.

What applies if you cancel depends on this choice — see Section 15.

A GPS tracking device is installed on every vehicle in the MBB programme before handover.

• The tracker is and remains the sole property of MBB at all times.
• By entering the programme, you consent to MBB monitoring the vehicle’s location.
• The tracker is used for security, recovery, and cross-border compliance monitoring.
• You must not tamper with, disable, remove, or obstruct the tracker in any way.
• The tracker must be returned in working order when you return the vehicle. Damage or loss is charged to you at replacement cost.

All clients must subscribe to at least the Essential tier. Higher tiers include additional services.

Storage Tier — R990 / month (automatic)

Applies automatically if you purchase the vehicle before your arrival in South Africa, and also if you decline a buyback offer and the vehicle remains with MBB awaiting sale (Section 14). You are billed R990 per month for each full month the vehicle is held in storage at MBB premises. A part-month is charged by the day: R990 divided by the number of days in that month, for each day stored. This tier is not selectable — it activates only while the vehicle is held by MBB and is not in your use.

• Secure storage at MBB premises
• Vehicle registration and licensing
• Vehicle kept in the condition it was in when it entered storage
• No GPS tracker active during storage (MBB holds direct physical custody)
• No roadside assistance, warranty, loan bike, or WhatsApp support

Storage Tier fees are non-refundable once the storage period has been rendered. If a genuine hardship event delays your arrival, see Section 9 (Pre-Collection Postponement) — the first 3 months may be fee-free, in the sole discretion of MBB.

Essential — R1,490 / month (from Collection Date)

• Company name registration usage
• Vehicle registration and licensing facilitation
• Roadworthy certification management
• Comprehensive insurance arranged by MBB — the premium is added to your tier fee and shown separately on your invoice
• GPS tracker installed (MBB property)

Premium — R2,990 / month

• Everything in Essential, plus:
• AA Advantage+ roadside assistance
• Loan bike while your vehicle is in for a Consumer Protection Act repair — keeps you moving at no extra cost for as long as the repair takes
• 24/7 WhatsApp emergency support (operational emergencies only, 60-minute response) — continues for the full subscription period
• Priority queue at MBB’s partner workshops for any scheduled or repair work

Overland Max — R9,500 / month

• Everything in Premium, plus:
• Monthly 1-hour professional guide consultation (capped at 1 hour; additional time billed separately)
• Garmin inReach subscription and activation, with live GPS tracker data access
• Tracks4Africa maps pre-loaded
• Private Overland Max WhatsApp community — separate from the 24/7 emergency line, for route tips, meetups, and fellow riders
• Optional: Iridium satellite phone (50-minute plan, industry market rate, no markup)

You may change tier on 30 days’ written notice. Tier changes take effect from the next billing cycle.

If a genuine hardship event prevents you from arriving to collect your vehicle on the originally expected Collection Date — such as a death in your immediate family, war, or a comparable event beyond your control — MBB may postpone your Collection Date on the following basis:

• No Storage Tier fee is charged for the first 3 months beyond your originally expected Collection Date, provided you notify MBB and provide reasonable supporting documentation (for example, a death certificate or an official travel restriction notice).
• From month 4 of the postponement onward, the standard R990/month Storage Tier fee applies for as long as the postponement continues.
• This postponement is available only before your Collection Date, and only for genuine hardship as described above. If you simply no longer want the vehicle, Section 15 (Cancellation & No-Use Buyback) applies instead.
• MBB may, in its sole discretion, decline to extend a postponement, or may require you to proceed under Section 15 instead, if it can no longer reasonably continue holding the vehicle for you.

Comprehensive insurance is mandatory for all clients throughout the subscription period. Every vehicle is insured from the start of your subscription (your Collection Date), with cover arranged by MBB, and the insurance ends when your agreement ends.

• Each policy is specific to you and your vehicle, in your name as beneficial owner — you are not on a fleet policy.
• The insurance premium is recorded in your Subscription Agreement and is added to your subscription tier fee to make your monthly fee. Your invoice shows the subscription and the comprehensive insurance as separate lines.
• The policy is your own policy. You bear responsibility for the claim and accept the policy’s terms, including any applicable excess.
• You must notify MBB immediately if the vehicle is involved in an accident, theft, or sustains any damage.
• If the insurance lapses or is cancelled for any reason (including non-payment), your authority to use the vehicle is immediately suspended.

MBB is satisfied with the insurance cover arranged, but makes no warranty as to its suitability. You are encouraged to review the policy terms and seek independent advice if needed.

All amounts are quoted and payable in South African Rand (ZAR). Where you pay in foreign currency, conversion is at the prevailing Authorised Dealer rate on the payment date.

Payment Schedule

Your monthly fee is your subscription tier fee plus your insurance premium. They are charged together and shown as separate lines on your invoice.

Every client must register a Visa or Mastercard with MBB when purchasing. Card payments are processed through Peach Payments. Your purchase (the Bike Price, On-Road Fee, any Shipment charge, and your chosen tyre set) may be paid by card, SWIFT bank transfer, or PayPal. Everything charged after that is charged to your registered card: your Storage Tier fee, your subscription tier fee, your insurance premium, and any traffic fines and penalties.

• Your subscription tier fee and insurance premium are charged monthly on the same day of each month as your Collection Date (on the last day of any month that is shorter). Each monthly cycle is a full month: the subscription fee is not divided.
• There is no fixed end date. The subscription continues for as long as you keep paying, up to the end of your Registration Cycle.
• You must keep a valid card registered for as long as you have the vehicle, and until every charge has been settled after your agreement ends.

If you end your subscription early, the unused days of your insurance premium are refunded as set out in Section 18.

Deposit (Unregistered New Vehicle Reservation)

Where you choose to inspect a new vehicle in person before it is registered, you pay only the deposit the retailer requires — approximately 10% of the Bike Price. MBB places the deposit with the retailer in your name, as your agent under your New Vehicle Reservation Agreement. Once you decide you want the vehicle, you pay the full amount due at purchase, and MBB buys the vehicle and registers it. See Section 15 for what happens if you cancel before then.

Cross-Border Letter of Authority

R500 per request — a standalone handling fee, not included in any subscription tier. See Section 12.

Storage Fee

The Storage Tier fee (Section 8) is charged monthly from the day storage begins — your Purchase Date, or the day the vehicle is returned to MBB awaiting sale — and any part-month is charged by the day. A final part-month before collection is charged on your Collection Date. The storage fee is separate from your insurance, which starts on your Collection Date. If a card payment fails, MBB invoices it to you, payable within 7 days.

Traffic Fines & Penalties

As beneficial owner, you are responsible for every traffic fine, toll penalty, and regulatory penalty incurred while the vehicle is in your use. Notices are issued to MBB as registered owner. On receiving one, MBB immediately sends you the notice with a note of the amount, and settles it with the issuing authority on your behalf. The amount is charged to your registered card, and your invoice shows it as a separate line (Traffic fines & penalties) next to your subscription and your insurance. Where the law allows, MBB may instead nominate you as the driver with the authority; in that case you deal with the authority directly and MBB does not charge your card for that fine. You consent to MBB giving the authority your details for this purpose. If a card payment fails, MBB invoices the amount to you, payable within 7 days, and any amount still unpaid is deducted from your buyback proceeds. Fines and penalties incurred during your use remain yours after your agreement has ended: if a notice reaches MBB later, even months later, MBB charges the amount to the card it holds for you, and you authorise this.

Late Payment

Payment not received within 7 days of the due date triggers automatic suspension of your use rights and may result in vehicle recovery under Section 19. Interest accrues at FNB’s prime overdraft rate plus 2% per annum, calculated daily.

Accepted Payment Methods

• Direct SWIFT bank transfer
• Peach Payments (Visa and Mastercard)
• PayPal (Goods and Services)

Cash on arrival and cryptocurrency are not accepted. Monthly charges are by card only.

You cannot take the vehicle outside the Republic of South Africa without MBB’s prior written approval on each occasion.

• Request approval via WhatsApp to the MBB emergency support number.
• MBB will respond within 24 hours.
• Approval is only available for countries pre-listed in your Subscription Agreement. Travel to unlisted countries will not be approved.

Where approval is granted, you are solely responsible for: obtaining a valid cross-border letter of authority (a standalone R500 handling fee applies, per Section 11 — this is not bundled into any subscription tier); ensuring your insurance covers the destination country; complying with all laws of that country; and any customs, import, or seizure consequences.

By entering the Moto Buyback programme, you confirm that you are legally in the Republic of South Africa, and you agree to the following:

• As the beneficial owner, you hold the responsibility that all users of the vehicle have a valid International Driving Permit (IDP) or a driving licence recognised in South Africa, and carry it at all times while riding.
• As the beneficial owner, you hold the responsibility that all users are covered by the vehicle’s comprehensive insurance.
• As the beneficial owner, you hold the responsibility that all users are registered users of the vehicle with MBB.
• You will ride the vehicle lawfully and in compliance with all South African road traffic laws.
• You will not use the vehicle for commercial purposes, including carrying paying passengers.
• Any modifications you make to the vehicle may influence the buyback offer value.
• You will not tamper with or disable the GPS tracker.
• You will service and repair the vehicle only with OEM or dealer-approved parts at an authorised workshop, and keep a complete service history in the vehicle’s logbook. Failing to do so reduces your buyback offer (Section 14).
• You will notify MBB if your travel plans change, including early departure from South Africa.
• You will return the vehicle before your Registration Cycle expires.
• You are responsible to pay all traffic fines, tolls, and regulatory penalties incurred during your use, as set out in Section 11.
• All funds you use to purchase the vehicle are lawfully obtained and you are not subject to any financial sanctions.

Vehicles depreciate in value over time. When you join the programme, MBB and you will sign a Pre-Agreed Depreciation Schedule at the time of collection. This schedule sets out the vehicle’s projected reference buyback value at the end of each calendar month of your subscription period, together with the odometer reading projected for each month at the riding rate recorded in it.

• The schedule is locked in at signing and cannot be changed unilaterally by either party.
• The schedule provides a reference point — not a guaranteed price.
• The actual buyback offer at end of term is based on the vehicle’s condition, odometer reading, and current second-hand market value.
• The depreciation clock runs from your Purchase Date — including any pre-arrival storage period. The difference between what you paid and what you receive back is the total economic cost of ownership from purchase to sale. This is your risk, accepted when you enter the programme.

MBB does not guarantee any specific buyback value and bears no responsibility for market value fluctuations.

A new vehicle is no longer new once it has been registered. Its buyback value reflects a registration reduction from the moment of registration, even at zero kilometres.

Kilometres

Kilometres ridden beyond 3,000 per month reduce your buyback offer: R1 per kilometre for the portion between 3,000 and 5,000 kilometres a month, and R2 per kilometre for the portion above 5,000 kilometres a month. Your offer is confirmed against the odometer reading when you return the vehicle, so it may differ from the projection in your Pre-Agreed Depreciation Schedule.

How Condition Affects Your Offer

As beneficial owner, you decide what condition to return the vehicle in — MBB does not impose a required standard, and there is no separate breach for returning it in poor condition. Condition is instead priced directly into your buyback offer:

• Excellent — rewarded with a higher offer than the reference schedule alone would suggest.
• Good — the baseline the Pre-Agreed Depreciation Schedule assumes; no adjustment either way.
• Fair — results in a reduced offer below the reference schedule.
• Poor — results in a substantially reduced offer.

A complete service history in the vehicle’s logbook and the use of OEM parts at authorised workshops improve your offer; their absence reduces it.

Declining the Offer

MBB presents you with a buyback offer. You are not obliged to accept it. You may decline the offer and find a buyer yourself, and you remain in charge of that sale. The buyer purchases the vehicle from MBB, as registered titleholder, and MBB pays you the net proceeds once it has received cleared funds. While you look for a buyer, the vehicle is kept in storage and the Storage Tier fee (Section 8) is charged monthly, and by the day for any part-month, until the sale is completed. If the vehicle is still in storage when your Registration Cycle expires, it must be re-registered at your cost, as beneficial owner, and renewal fees apply.

This section covers what happens if you change your mind before your vehicle purchase is complete. What applies depends on whether your vehicle has been registered yet (see Section 6) — not on how much time has passed or how far you’ve ridden.

New Vehicle — Not Yet Registered

If you want to inspect the vehicle in person before committing, you pay only the deposit the retailer requires — approximately 10% of the Bike Price — and MBB places it with the retailer in your name, as your agent under your New Vehicle Reservation Agreement (Section 11). At this stage you have not paid the full price, the vehicle has not been bought, is not registered, doesn’t have a number plate, and is not insured — the deposit is the only money MBB holds from you.

Cancelling at this stage is a cancelled reservation, not a buyback — there is no purchased vehicle to buy back yet. Your deposit is refunded, less two cancellation fees:

• The retailer’s cancellation fee — approximately 10% of the deposit.
• MBB’s cancellation fee — 10% of the deposit, for sourcing and managing the reservation.

Choosing to inspect first typically costs you around 5 days compared to collecting a registered vehicle immediately — registration, tyre fitting, insurance, and queue position still need to happen once you commit.

New Vehicle — Registered (“Collect and Go”)

Where the vehicle is registered, fitted with tyres, and insured before you collect it, you save that time. If you cancel on or after your Collection Date, this is treated as a regular first-month buyback under Section 14, at the normal depreciation basis for month 1. No subscription fee or insurance premium is charged for a same-day cancellation.

The following are non-refundable regardless of when you cancel once registered: the On-Road Fee, shipment (if the vehicle was shipped), and new tyres (if a set was actually fitted).

Used Vehicle — Not Yet Registered

A used vehicle belongs to a third party — a private seller or another dealer — while it sits on a showroom floor. To secure it against other buyers, you pay the full Bike Price upfront (not a deposit). You may still choose not to register it immediately, so you can inspect it on arrival.

If you cancel before registration, the vehicle is bought back at 86.4% of the Bike Price (a 13.6% deduction), plus shipment costs if the vehicle was shipped to your collection location.

Used Vehicle — Registered

Once a used vehicle has been registered, cancellation follows the same rule as a registered new vehicle above — a regular first-month buyback, with the same non-refundable costs (On-Road Fee, shipment, and tyres if fitted).

Storage Tier or Active Subscription fees already paid are never refunded under this section — they cover services already rendered.

You may change to a different vehicle at any point during your subscription. Every swap is priced on the Bike Price — the blended figure including MBB’s commission.

Unregistered Swap

If your current vehicle has not yet been registered, a swap is straightforward: you pay, or are refunded, the Bike Price difference between the two vehicles. A more expensive vehicle means you pay the difference; a cheaper one means a partial refund, proportional to the commission on the difference.

Registered Swap

If your current vehicle has already been registered, a swap means unwinding your existing agreements and starting fresh: your existing Agency Agreement, Subscription Agreement, and Sale Mandate are cancelled, and new versions are issued for the new vehicle. Your subscription and insurance commence on your Collection Date. Your current vehicle is bought back under the buyback principle in Section 14 — the rate applicable to the month of your subscription then current, adjusted for the vehicle’s condition and odometer reading at the time of the swap.

A registered swap is charged as follows:

• A fixed R5,000 handling fee, covering the administrative work of unwinding and reissuing all three agreements and re-registering the new vehicle.
• A new On-Road Fee (R3,000) — the new vehicle is registered from scratch.
• Tyres — MBB checks first whether your original tyres can transfer to the new vehicle or be refunded. You are only charged for a new set if they cannot transfer, including where the new vehicle takes a different wheel size.
• GPS tracker refitting to the new vehicle.
• A full tank of fuel.
• Shipment, if the new vehicle needs to be shipped to you.
• The Bike Price difference between your original and new vehicle — you pay the difference for a more expensive vehicle, or receive a partial refund for a cheaper one.

If the vehicle is written off, stolen without recovery, or permanently rendered unusable (“Total Loss”):

• MBB, as registered owner, receives the insurance claim determination payout from the insurer.
• MBB remits to you the amount received from the insurer, less any outstanding fees or deductions.
• The Pre-Agreed Depreciation Schedule value for the month of the loss is the reference figure. If the insurance payout is lower, you receive the insurance payout only — MBB bears no shortfall.
• The subscription terminates automatically from the date of submission of the insurance claim indicating the Total Loss. No further subscription fees are payable from that date.

Comprehensive insurance is your sole financial protection against Total Loss. MBB strongly recommends you review your policy terms and satisfy yourself that the cover is adequate.

You may end your subscription early — after you have used the vehicle — by giving written notice and returning the vehicle. There is no required condition to meet: as beneficial owner, you may return it in whatever condition it is in, and that condition is priced directly into your buyback offer per Section 14. (If you have not yet used the vehicle, see Section 15 — Cancellation & No-Use Buyback — instead.) When you terminate early:

• MBB will sell the vehicle through the normal buyback process.
• You receive the actual sale proceeds less all permitted deductions and indebtedness.
• MBB refunds the unused days of your insurance premium, from the date the vehicle is physically returned, to your bank account.

No refund applies where termination is caused by your breach of these Terms or the underlying agreements.

Automatic Termination

Your use rights terminate immediately and without further notice upon any of the following:

• Non-payment of the subscription fee for more than 7 days.
• Expiry of the 12-month registration cycle without renewal.
• Cancellation of the vehicle’s insurance policy for any reason.
• Unapproved cross-border travel.
• Tampering with or disabling the GPS tracker.

What Happens After Termination

Once your use rights are terminated, you must return the vehicle to MBB within 24 hours. If you do not:

• MBB will use GPS tracker data to locate the vehicle immediately.
• MBB will instruct a licensed repossession agent to take physical possession of the vehicle. This does not require a court order.
• MBB may report the continued use of the vehicle to the South African Police Service (SAPS) as unauthorised use of a vehicle under section 66 of the National Road Traffic Act 93 of 1996. This is not a theft report — it is a report of unauthorised use by a known person, which is a criminal offence in South Africa.
• MBB may appoint legal advisors to apply to the High Court for an urgent interdict compelling return of the vehicle, or any other action they advise.
• All repossession, storage, legal, and administrative costs are charged to you at the relevant service provider’s cost and deducted from your buyback proceeds.

Your comprehensive insurance policy (arranged by MBB and paid by you) includes third party liability cover. That insurance is the primary source of protection for such claims.

By entering the programme, you fully and irrevocably indemnify MBB against all claims, losses, damages, and resulting legal costs and expenses, brought against MBB in its capacity as registered owner arising from your use or misuse of the vehicle. This indemnity applies regardless of whether the claim exceeds the insurance payout limit. You accept personal liability for any shortfall above the insurance payout.

You are also reminded of your responsibility for all traffic fines, toll penalties, and regulatory infractions incurred during your use of the vehicle. Section 11 sets out how they are charged.

The Buyback offer value is greatly affected by the condition the vehicle is returned in at the end of your use.

Motorcycling carries an inherent risk of injury or death, on South African roads and on any approved cross-border route. By entering the programme, you acknowledge and accept this as a known risk of the activity.

Your Own Medical Cover

The insurance MBB arranges under Section 10 covers the vehicle — it is not personal accident, medical, travel, or health insurance for you as the rider. MBB strongly recommends you hold your own comprehensive travel and medical insurance, including emergency medical evacuation cover, valid for the duration of your stay and any cross-border travel, before you collect the vehicle.

Injury or Death to a Third Party

If your use of the vehicle causes injury or death to another person, your comprehensive insurance policy’s third party liability cover, described in Section 20, is the primary source of compensation. Where that cover is insufficient, you indemnify MBB under Section 20, and you remain personally liable to the injured person or their estate for any amount not covered by insurance.

Reporting

You must notify MBB within 24 hours of any accident involving injury or death, in addition to any legal obligation you have to report the incident to the South African Police Service.

MBB’s liability to you for a failure in the Active Subscription services is limited to the subscription tier fee for the month in which the failure occurred. You must show that MBB failed to deliver the service in that month. This applies whether you pay monthly or prepay. This is a liability cap — it limits the maximum amount you could recover from MBB for a service failure, regardless of the value of any loss claimed. Your insurance premium is separate from the subscription tier fee and is not part of this amount.

This cap does not apply if MBB damages or loses your vehicle, including while it is in storage at MBB premises, whether before collection or while it awaits sale after you decline a buyback offer. In that case MBB bears the cost of the damage or, if the vehicle is lost or beyond repair, its replacement value at that time.

MBB operates in compliance with South African financial regulations. The following applies to all transactions:

Inward Payments (You Paying MBB)

• All international payments are received and processed through a South African Authorised Dealer (commercial bank) in compliance with Exchange Control Regulations.
• Balance of Payments (BoP) declarations are filed where required by the South African Reserve Bank.
• You undertake to provide truthful information about the source and purpose of funds when requested.

Outward Payments (MBB Paying You Buyback Proceeds)

• All proceeds are remitted through a South African Authorised Dealer.
• MBB does not provide tax advice. You are responsible for your own tax obligations, in South Africa and in your home country, arising from the buyback proceeds, and MBB strongly recommends obtaining independent tax advice.

FICAA Compliance

MBB is required to conduct Customer Due Diligence (CDD) on all clients under the Financial Intelligence Centre Act 38 of 2001. This includes verifying your identity and the source of funds used to purchase the vehicle. MBB retains these records for a minimum of 5 years. MBB may decline to proceed or may terminate an agreement if its FICAA obligations cannot be satisfied.

These Terms and all agreements entered into under the Moto Buyback programme are governed by the laws of the Republic of South Africa.

Any dispute arising from these Terms or the programme shall be referred to mediation, held in Cape Town, in the first instance. If the dispute is not resolved within 30 days of referral, either party may refer the matter to arbitration under the Rules of the Arbitration Foundation of Southern Africa (AFSA), seated in Cape Town.

The parties consent to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, for enforcement of arbitral awards and for urgent relief, including urgent vehicle recovery applications. All disputes, mediation, arbitration, and legal proceedings under these Terms are handled exclusively in Cape Town.

MBB reserves the right to amend these Terms at any time. Amendments affecting existing clients will be notified in writing with a minimum of 30 days’ notice.