Terms and Conditions

Vehicle Sale Contract Terms & Conditions

(PLEASE READ CAREFULLY)

1. Payment

The Purchaser must pay to the Dealer the Balance Payable specified in the Price and Terms of Settlement and the Purchaser must deliver to the Dealer the trade-in vehicle (if any) described in this contract prior to taking of the motor vehicle.

The Balance Payable and all other prices set out in the Price and Terms of Settlement are based upon existing costs and circumstances. It is possible that these prices may increase prior to delivery of the motor vehicle.

If any of these prices set out in the Price and Terms of Settlement increase prior to delivery of the motor vehicle, the Dealer will notify the Purchaser of any such increase. If the Purchaser accepts delivery of the motor vehicle or if the Purchaser fails to notify the Dealer within seven (7) days of notification by the Dealer that the Purchaser wishes to cancel its order and rescind this contract, the Purchaser will be deemed to have accepted the increase in prices.

2. Trade-In Vehicle

If the trade-in vehicle is not in substantially the same condition as it was at the time of valuation by the Dealer, the Dealer may:

• Reduce the trade-in allowance to an amount determined by the Dealer to be a fair valuation of the vehicle in its current condition; or
• Rescind the contract.

The Purchaser may:

• Accept the revised trade-in allowance; or
• Rescind the contract.

3. Delivery

The Purchaser must take delivery of the motor vehicle from the Dealer's premises within seven (7) days of being notified by the Dealer that the vehicle is available for collection.

4. Vehicle Title

Clear title in the motor vehicle will pass to the Purchaser upon the later of:

• Receipt in full by the Dealer of the Balance Payable; or
• The date on which the Dealer acquires clear and unencumbered title to the trade-in vehicle.

5. Risk and Delivery

Risk in the motor vehicle passes to the Purchaser upon delivery. The Purchaser indemnifies the Dealer against any claims, losses, damages, costs and expenses connected with possession or use of the motor vehicle until title passes to the Purchaser.

6. Declaration

The Purchaser declares and warrants that:

• They are the owner of the trade-in vehicle or have authority to transfer it;
• The vehicle is free from encumbrances except those disclosed in this contract;
• All information supplied regarding the trade-in vehicle is accurate;
• The vehicle has never been used as a taxi, rental vehicle or hire car;
• The vehicle has never been subject to hail damage, flood damage or an insurance write-off;
• The vehicle has not been modified so as to make it unroadworthy or unregisterable;
• The vehicle is not subject to any defect notice;
• There are no unpaid fines or infringement notices outstanding;
• The vehicle is currently registered and there are no circumstances that may cause registration to be cancelled;
• The registration is not subject to any concessional rebate;
• The Purchaser is not bankrupt and has not committed any act of bankruptcy affecting title to the vehicle;
• If the Purchaser is not the owner, the owner is not bankrupt, insolvent, in liquidation, receivership or administration.

7. Termination

If the Purchaser fails to provide clear title to the trade-in vehicle, breaches any warranty, refuses delivery, or otherwise breaches this contract, the Dealer may terminate the contract immediately by written notice.

The Dealer may repossess the vehicle and recover any reasonable costs incurred. The Purchaser acknowledges that the Dealer may retain the deposit and recover an amount equal to 10% of the Total Vehicle Price less any deposit already paid as fair compensatory damages.

8. Finance Disclosure

If the Purchaser informs the Dealer before entering into this contract that finance is required and, despite taking reasonable steps, is unable to obtain finance, the Purchaser may rescind the contract by written notice within a reasonable period after signing.

9. Refund

If the Purchaser lawfully rescinds this contract, the Dealer will refund amounts paid under the contract less any expenses incurred in repairing or improving the trade-in vehicle and any amounts paid to acquire clear title to the trade-in vehicle.

If the trade-in vehicle has not been sold, it will be returned to the Purchaser. If it has been sold, the realised value less applicable expenses will constitute fair and reasonable compensation.

10. Warranty Terms & Conditions

To the extent permitted by law, all warranties and conditions are excluded from this contract. Any warranty, condition or term that cannot be excluded by law will be deemed incorporated into this contract.

11. Binding Agreement

This contract sets out the entire agreement between the parties. Any amendment or variation must be in writing and signed by both parties.