Terms And Conditions

TERMS AND CONDITIONS FOR SALE OF NEW MOTOR VEHICLE

1.Definitions
Unless the context otherwise requires:¬
"Purchase Vehicle" means the Motor Vehicle described in the front of this Contract under the panel headed "Description of Motor Vehicle".
 "Trade in Vehicle" means the Motor Vehicle described in the front of this Contract under the panel headed "Trade-in Motor Vehicle Particulars".
 "Purchaser" means the Purchaser described in the front of this Contract and shall include the heirs, executors and assignees of the Purchaser.
 "The Seller" means the Trader described in the front of this Contract.
"Contract" means this Contract which is comprised of the front page hereof and this page.
“Repairable write-off” means those vehicles so designated by the insurer of the vehicle in each case, and which have been notified as such by the insurer to the Vehicle Securities Register.
2. Purchase Price of Motor Vehicle
(a)  There may be an increase in the recommended retail price of the motor vehicle as published by the manufacturer or distributor as at the date of this Contract ("the current recommended retail price") and the recommended retail price as published by the manufacturer or distributor as at the date of the delivery of the motor vehicle ("the new recommended retail price"). The price increase is the amount of the new recommended retail price minus the amount of the current recommended retail price ("the price increase"). As well as or instead of such an increase in the recommended retail price there may be an increase in the amount of stamp duty or other tax payable in respect of the motor vehicle between the date of this contract and the date of the delivery of the motor vehicle ("the additional date").
(b)  By signing this contract, the Purchaser is obliged to pay to the Trader the price increase (if any) as well as the additional duty (If any) in addition to the purchase price shown on the front of this contract upon delivery of the motor vehicle or when the Purchaser is notified that the motor vehicle is available for delivery (which ever is first) UNLESS prior to accepting delivery and not more than three days after the Purchaser is notified of the price increase the Purchaser notifies the Trader in writing that the Purchaser no longer wishes to be bound by this contract.
(c)   If the Purchaser so notifies the Trader that the Purchaser no longer wishes to be bound by this contract the Purchaser will no longer be bound by this contract UNLESS not more than three days after such notification the Trader notifies the Purchaser that the Trader requires the Purchaser to purchase the motor vehicle for the total price shown on the front page of this contract exclusive of the price increase and the additional duty.
(d)   If the Trader so notifies the Purchaser the Purchaser is immediately obliged to purchase the motor vehicle for the total price shown on the front page of this contract.
(e)   The abbreviation GST means the Goods and Services Tax. Prices shown and all references to price, amounts, allowance, refund, cost, pay-out, value and other like words
made within this contract are inclusive of the Goods and Services Tax, unless amounts are specifically exempted by legislation. A separate tax invoice, will be issued in accordance with the Goods and Services Tax legislation.
3. Nominated Registered Owner
Where in this Contract a Nominated Registered Owner is designated as such the Purchaser hereby authorizes and directs the Trader to do all things reasonably necessary to effect registration of the Purchase Vehicle in the name of the Nominated Registered Owner in lieu of the Purchaser.
4. Payment
(1) Where in this Contract a receipt is not provided in the panel headed "Terms of Settlement" on the front of this Contract then this Contract shall be deemed to constitute a duly given receipt for the amount stated.
(2) If the Purchaser fails to make any payment as provided for in this Contract on the due date for such payment then the Purchaser shall pay to the Trader interest on such amount until payment of such amount at a rate equal to the rate fixed under Section 2 of the Penalty Interest Rates Act 1983 plus 5% providing the total amount of such interest shall not exceed an amount equal to 5 % of the purchase price of the Purchase Vehicle.
(3) Upon the Trader giving notice to the Purchaser that the Purchase Vehicle is available for delivery the Purchaser shall:
         ¬(a) forthwith deliver the Trade in Vehicle (if any) to the Trader; and
(b) immediately pay the whole of the balance of the purchase price of the Purchase Vehicle.
5. Authorised Sales
Notwithstanding anything herein otherwise contained this Contract shall be voidable by the Trader at anytime prior to delivery of the Purchase Vehicle, if the Contract is not executed by a person duly authorized by the Trader to execute this Contract and if this Contract is so voided by the Trader then the Contract shall be at an end and all monies paid hereunder shall be refunded to the Purchaser in full.
6. Retention of Title
(1) It is expressly agreed between the Purchaser and the Trader that the title to the Purchase Vehicle shall in no circumstances pass to the Purchaser until the Trader has received full and cleared payment for the Purchase Vehicle as herein provided. Until the Trader has received such payment for the Purchase Vehicle the Trader shall be entitled to the immediate possession of the Purchase Vehicle without notice to the Purchaser and the Purchaser hereby authorizes the Trader to enter into any premises owned or controlled by the Purchaser for the purpose of repossessing the Purchase Vehicle.
(2) If the Purchaser is in default under this Contract the Trader may at his option notwithstanding that property in the Motor Vehicle has not passed to the Purchaser and insofar as is possible by law sue for and recover the balance of any monies outstanding under this Contract and any expenses and costs and interest incurred as a consequence of the Purchaser's default as aforesaid.
7. Delivery
The Purchaser shall accept delivery of the Purchase Vehicle at the address of the Trader set out on the front of this Contract and all risk in the Purchase Vehicle shall pass to the Purchaser upon delivery.
8. Trade In Conditions
(1) Where the purchase involves a trade-in vehicle then the amount allowed for the trade-in (net trade-in allowance) shall be deducted from the total purchase price. The net trade-in allowance will be the amount allowed on the trade-in vehicle less any amount to be paid by the seller to discharge the interest of any other person in the vehicle.
(2) The trade-in vehicle must be delivered to the seller no later than the date of delivery of the purchase vehicle. If the trade-in vehicle is delivered after this date or is not in substantially the same condition as at the date of this contract then the net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the trade-in vehicle between the date of this contract and the date of delivery to the seller.                                                                                                         
(3) The purchaser's interest in the trade-in vehicle shall pass to the seller¬
(a) when the purchaser accepts delivery of the purchase vehicle; or
 (b) when the purchaser has delivered the trade-in vehicle to the seller and the seller has paid the net trade-in allowance to the purchaser or acknowledged in writing that this amount has been credited towards the total purchase price - whichever first occurs.
  (4) The seller shall not. without the prior written consent of the purchaser, sell or agree to sell the trade-in vehicle before delivery of the purchase vehicle to the purchaser.
(5)  “If the trade-in vehicle is discovered by the Trader between the date of contract and the date of delivery to the seller to be registered on the Vehicle Securities Register as a repairable write-off then the Trader shall have the right to obtain a fresh valuation of the vehicle, and, if appropriate, adjust the fair value of the trade-in vehicle previously offered to the seller to reflect its now current market value.”
(6)  The Purchaser warrants that save for the encumbrances set out on the front of this Contract the Trade in Vehicle including all extras and accessories now on or attached thereto are his or her sole and absolute property and are free from all or any other encumbrances whatsoever and the amount set out as payment on the front of this Contract includes all monies owing or payable to any person firm, or corporation in respect of the Trade in Vehicle and all extras and accessories.
(6) If the amount required to pay out the encumbrances in respect of the Trade-in Vehicle exceeds the amount provided on the front of this Contract then the Trader may at its option pay such amount as may be necessary to obtain an unencumbered title to the Trade in Vehicle which the Purchaser hereby authorises and the Purchaser shall immediately pay such amount to the Trader forthwith.
(7) The Trader agrees to allow part of the total purchase price for the motor vehicle to be discharged by the Purchaser delivering to the Trader the undermentioned trade-in vehicle including all extras and accessories now on or attached thereto, free of all encumbrances, or as otherwise arranged hereinafter called "the trade-in motor vehicle", at the time and on the terms and conditions contained herein.
9. Delays in delivery
(1) The seller shall make every reasonable effort to make the purchase vehicle available for delivery on or before the delivery date stated in this contract. Where delivery is delayed more than 14 days the purchaser may terminate this contract by notifying the seller in writing, unless the delay is caused by the purchaser
(2) The purchaser shall take delivery of the purchase vehicle within 7 days of being notified by the seller that the vehicle is ready for delivery. If the purchaser fails to take
delivery within this time the seller may terminate the contract by notice in writing.
    10. Limitation of Liability
At the time of delivery of the Purchase Vehicle the Purchaser acknowledges that the Purchase Vehicle is in all respects in accordance with the description contained in the Contract and insofar as is possible by law by taking delivery of the Purchase Vehicle the Purchaser:
 (a) waives any rights or remedies he would or might otherwise have had by reason of any misdescription of the Purchase Vehicle in this Contract; and
                   (b) the Parties hereto shall be deemed to have thereupon agreed to have varied this Contract by changing the description of the Purchase Vehicle               so it describes the Purchase Vehicle actually delivered. ~.
11. Subject to finance
         (1) Where this contract is subject to the purchaser obtaining finance, the contract is conditional upon the purchaser obtaining finance approval ae:
(a) within the time stated in this contract;
 (b) of the amount stated in this contract;
 (c) from the credit provider named in this contract (or from a similar type of credit provider);
 (d) for the type of finance stated in this contract;
 (e) upon reasonable terms and conditions in the circumstances.
(2) The purchaser agrees to take all reasonable steps towards obtaining finance approval.
(3) If the purchaser does not obtain finance approval then either the purchaser or the seller may terminate this contract by giving notice to the other party.
             
 12. Transfer to credit provider
       Where requested by the purchaser the seller shall transfer title to the Purchase Vehicle to the purchaser's credit provider upon payment of the total purchase price to the seller.

13. Termination
     (1) Where this contract is lawfully terminated by the seller due to a breach of this contract by the purchaser then¬
               the purchaser shall forfeit the amount stated in this contract to the seller provided that amount does not exceed 5 per cent of the total purchase price;
(a) the purchaser shall forfeit the amount stated in this contract to the seller provided that amount does not exceed 5 per cent of the total purchase   price;
 (b) where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then the seller shall -
 (i) refund to the purchaser so much of the amount paid that exceeds the forfeitable amount; and
(ii) return any trade-in vehicle to the purchaser; and
(c) where an amount has been paid towards the purchase price and that amount does not provide the seller with the forfeitable amount and a trade-in vehicle has been
delivered to the seller then the trade-in vehicle may be forfeited to the seller and the purchaser credited with the net trade-in allowance. If this amount and any other
amount paid by the purchaser exceeds the forfeitable amount then the excess shall be refunded to the purchaser.
(2) Where this contract is lawfully terminated by the purchaser due to a breach of this contract by the seller then the seller shall -
¬(a) refund to the purchaser all money paid by or on behalf of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(3) Where this contract is lawfully terminated by either the purchaser or the seller due to clause 13 or for any reason other than a breach of this contract then the seller shall
¬(a) refund to the purchaser all money paid by or on behalf of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(4) Where this contract provides for the seller to return any trade-in vehicle to the purchaser but the seller has, with the prior written consent of the purchaser, sold or agreed to sell the trade-in vehicle then this contract will be complied with if the seller pays to the purchaser¬
(a) An amount equal to the net trade-in allowance; or
(b) Where the purchaser or seller have agreed on a value as the fair market value of the trade-in vehicle - that agreed value less any trade-in payout made or to be made by the seller.
(5) Where the seller returns any trade-in vehicle to the purchaser and the seller has carried out repairs on the vehicle with the consent of the purchaser then the seller shall be entitled to an amount equal to the reasonable cost of those repairs.
(6) Where either the purchaser or seller wishes to terminate this contract in accordance with this clause they must give written notice to the other party of the decision to terminate.
     (7) Nothing in this clause affects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986 or regulation 10 of the Motor Car Traders Regulations 1998.
 14. Non exclusion of statutory warranties and other rights
       The benefits conferred by this contract and by the seller's warranty, if any, are in addition to all other rights and remedies in respect of the purchase vehicle which the purchaser has    
       under the Trade Practices Act 1974 and any other Commonwealth, State and Territory laws.
       Note: The parties to this contract may include other conditions if those conditions do not reduce the rights given to either party by or under the Motor Car Traders Act 1986.