Terms & Conditions

DEFINITIONS

• “Motor Vehicle Trader” means the vendor Motor Vehicle Trader (“MVT”) defined under the Motor Vehicle Sales Act 2003.
• “Vehicle” means the vehicle purchased pursuant to this agreement.
• “Purchaser” means the Purchaser of the Vehicle pursuant to this agreement.
• “Trade In” means a Vehicle provided by the Purchaser in partial settlement of the purchase price of the Vehicle.

DELIVERY

Delivery of the Vehicle shall me made at the place indicated in the contract and will take place as soon as is reasonably practicable and shall be deemed complete when MVT has advised the buyer that the goods are available for collection.

MVT shall not be liable under any circumstances for any loss or damage (including consequential loss) for the late or non delivery of the vehicle.

RISK & OWNERSHIP

Risk of any loss, damage or deterioration of the Vehicle passes to the Purchaser on delivery.

Property and ownership in the Vehicle remains with MVT and does not pass to the Purchaser until the Purchaser has paid the purchase price in full and where there is a Trade In (if any) it is delivered to MVT together with the Certificate of Registration, Transfer of Ownership correctly executed and confirmation that the Trade In is free of all charges.

Where MVT has arranged insurance on behalf of the Purchaser, at the request of the Purchaser, MVT shall not be responsible for any loss arising from the insurance (or lack of insurance as the case may be) arranged by MVT and the Purchaser acknowledges that it shall be the Purchasers responsibility to ensure that the insurance arranged by MVT is acceptable and correct in all respects to the Purchaser.

DEFAULT

MVT may, without Prejudice to the MVT’s other legal remedies conferred under this agreement or at law, terminate the Contract at any time and with immediate effect by written notice given by MVT to the Purchaser if:

• the Purchaser (if the Purchaser is an individual) dies;
• the Purchaser has committed a material breach of this agreement which is not reasonable capable of being remedied by the Purchaser within two business days.

If any of the events referred to in clause 4.1 occur MVT may then:

(b) apply the proceeds towards the payment of all moneys owing to MVT by the Purchaser; and all costs incurred by MVT as a result of any such action shall be immediately payable by the Purchaser upon written demand from MVT. Including but not limited to recovery from the Purchaser all amounts for any damage, losses, costs or expenses (including actual legal costs, expenses and collection company costs) arising from the default.

• such termination shall be without prejudice to the rights and remedies of either party in respect of any antecedent breach of this Agreement by the other party;
• notwithstanding any contrary provision in this Agreement any amount payable by the Purchaser to MVT under this Agreement shall be deemed to have fallen due and become payable immediately prior to such termination occurring.

TRADE IN

MVT may, but is not obliged to, accept a Trade In on the Vehicle being purchased on the following terms:

• MVT must receive clear title to the Trade In and;
• MVT reserves the right to reject the Trade In if the condition of the Trade In is, in the sole opinion of MVT, a lesser condition than when it was first inspected by MVT and;
• The Trade In has a warrant of fitness not less than 30 days old.

If for any reason MVT is of the view that any of the above conditions have been breached the full purchase price
of the vehicle shall be payable by the Purchaser and no allowance shall be taken into account for the Trade In on the purchase price.

The Purchaser confirms to MVT that it has voluntarily and without any duress agreed to the terms of the trade in including the price of the Trade In vehicle.

DEPOSIT

The Purchaser shall pay the deposit to MVT immediately on execution of the contract by both parties or at such later date as is specified in the contract time being of the essence.

The Deposit shall be in part payment of the purchase price of the Vehicle.

If the contract is not settled for any reason other than the default of MVT the Deposit shall be immediately forfeited by the Purchaser.

PRIVACY

The Purchaser irrevocably authorises and consents to MVT or any financier, credit reporting agency or any other person or entity required for the purpose of completing this contract requesting, obtaining and retaining any personal information about the Purchaser from any individual, company, state owned enterprise or government department in the public or private sector and the Purchaser irrevocably authorises and consents to any individual, company, state owned enterprise or government department in the public or private sector providing the employer with such personal information about the Purchaser as requested by MVT.

The Purchaser irrevocably authorises and consents to MVT or any financier, credit reporting agency or any other person or entity required for the purpose of completing this contract providing any personal information held by MVT about the Purchaser to any individual, company, state owned enterprise or government department in the public or private sector.

You authorise the MVT (either directly, via service providers of the MVT, or otherwise) to collect information about you and your interactions with the MVT (including but not limited to your name, contact details, your credit history and payment details, your communication preferences, via methods including but not limited to direct feedback, surveys and social media). This information will be collected, held and used by the MVT and/or service providers of the MVT, and/or it may be disclosed to third parties, for the purpose of:

• communicating with you (by telephone, post, email, text or otherwise) in relation to this sale and to seek your feedback on our services;
• cooperating with Government, regulatory or industry authorities;
• providing you with items on this agreement and any other products or services that you may receive from us, including by sharing information with providers of these products or services;
• running and administering promotions and competitions;
• marketing and promoting our and/or third party products and services to you.

You acknowledge and agree that such information may be held and used by the MVT and/or service providers of the MVT both before and after termination of this contract, but only in the manners permitted by law.

CONSUMER GUARANTEES ACT - SPECIAL NOTICE

If the Purchaser is in trade and is acquiring or holding itself out as acquiring the Vehicle under this Agreement in trade, then the Consumer Guarantees Act 1993 will not apply.

Where the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 does apply nothing in this agreement shall remove or modify your rights under either of these acts.

Nothing in this agreement shall limit or abrogate the Purchaser’s rights and remedies under the Consumer Guarantees Act 1993 (where applicable) except to the extent that:

• Contracting out is permitted under the Act; and
• That Act is contracted out of this agreement.

LIMITATION OF LIABILITY

MVT shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind suffered by the Purchaser arising directly or indirectly from:

• a breach of any of MVT’s obligations under or cancellation of the Agreement; and/or
• negligence, misrepresentation or other act or omission on the part of MVT or its employees or agent.

Notwithstanding any other provision contained in the Contract the liability of MVT whether in Contract or pursuant to any cancellation of the Contract or in tort or otherwise in respect of all claims for loss, damage or injury, however arising shall not in aggregate exceed the Purchase Price of the Vehicle.

EXCLUSION OF WARRANTIES

Except as otherwise provided in this Agreement and subject to the Motor Vehicle Sales Act 2003 and the Consumer Guarantees Act 1993, no warranty condition will be implied against MVT by any statue, at common law or otherwise and no representation, express condition or variation of the Agreement will be binding on MVT unless it is in writing and signed by MVT.

The Purchaser undertakes to MVT as at the date of delivery of the vehicle as follows:

• if the vehicle has at the date of delivery a current warrant of fitness issued more than one month prior to delivery then the Purchaser acknowledges and accepts this; or
• where the vehicle does not at the date of delivery have a current certificate or warrant of fitness, the Purchaser undertakes that they will not, except for the purpose of obtaining in-service certification, operate the vehicle until it has been inspected and certified for in service fitness.

INCONSISTENCY

If there is any inconsistency between these terms and conditions and any other agreement between the parties (whether in writing, verbally or by electronic data interchange) or any other arrangement between the parties, these terms and conditions prevail unless otherwise agreed in writing by the parties.

BETTERMENT

Repair or replacement of damaged parts may put the Vehicle in a better condition than it was immediately before the repair, thereby increasing its value. The resulting improved condition of the Vehicle is known as betterment. The MVT reserves their right to request a contribution from the Purchaser towards the cost of the parts) and/or labour, or to withhold such sum, in the event of betterment.

SPECIAL CONDITIONS

This agreement is subject to any special conditions listed on this Agreement in the Special Conditions section.

CONDITIONS RELATING TO NEW VEHICLES

Availability – MVT is only liable to supply a vehicle to the purchaser if MVT has the new vehicle in stock. If delivery is unable to be achieved for this reason then this contract shall be terminated and MVT shall refund to the purchaser any sum paid towards the purchase price of the vehicle.

Price – both parties acknowledge that the price of new vehicles may fluctuate from day to day. In the event that the price payable at the time of delivery is greater than the price recorded in this agreement the purchaser shall have the option on 48 hours of notice to:

• Accept the purchase price; or
• Reclaim a full refund of any funds paid together with terminating the agreement.

Specifications – should the manufacturer of the vehicle change the specifications of the vehicle following entry into this agreement either party may terminate this agreement, provided that the change in specification is of a significant nature.

UNINVITED DIRECT SALES

If the Purchaser has entered into this Agreement as an Uninvited Direct Sale agreement, then the relevant provisions of the Fair Trading Act 1986 will apply. An Uninvited Direct Sale means an agreement made as a result of negotiations between the MVT and the Purchaser where the negotiations take place between the Purchaser and the MVT, either:

• in each other’s presence, in the Purchaser’s home or workplace, where the Purchaser did not invite the MVT to come to that place; or
• by telephone, where the Purchaser did not invite the MVT to make the telephone call.

For further explanation refer to section 36K of the Fair Trading Act 1986.
Where the parties have agreed that this Agreement was entered into as an Unsolicited Direct Sale, the Purchaser acknowledges that before it entered into this Agreement the MVT advised the Purchaser of their right to cancel and how to do so as set out on the front page of this Agreement.

The Purchaser acknowledges that it was given a copy of this Agreement on the date the Agreement was entered into (or within five working days of that date if the Agreement was entered into over the telephone).

Cancellation

In the event the Purchaser opts to cancel this Agreement, where it is an Unsolicited Direct Sale, in accordance with the terms set out on the front page of this Agreement:

• the MVT Must:
  • immediately repay all money the Purchaser has already paid under the Agreement;
  • arrange to collect (or ask the Purchaser to return) any goods the MVT has already supplied at its own expense;
  • if the Purchaser asks, reinstate the Purchaser's property to its previous condition where services have already been supplied and have altered or damaged the Purchaser's property.
• the Purchaser must:
  • allow the MVT to collect any goods already supplied, providing the Purchaser has been refunded;
  • take reasonable care of any goods that have already been supplied and enable the MVT to collect those goods within 10 working days of cancellation;
  • compensate the MVT for any loss or damage to the goods while in the Purchaser's possession, except for loss or damage from normal use or circumstances beyond the Purchaser's control. The Purchaser's liability for loss or damage ends 10 working days after cancellation, or until the MVT has been given a reasonable opportunity to collect the goods (whichever is longer).

If the MVT has already supplied services under this Agreement, they are not entitled to compensation for those services after cancellation of the Agreement by the Purchaser.

If the Purchaser chooses to return the goods to the MVT at their own expense, they must take reasonable care to ensure those goods will be delivered and not be damaged in transit.

PPSA

As security for all obligations that the Purchaser may owe to the MVT from time to time the Purchaser hereby grants the MVT a security interest under the PPSA in all Vehicles supplied by the MVT to the Purchaser from time to time and in the proceeds of all such Vehicles as well as in any negotiable instrument representing any such proceeds.

The Purchaser will provide the MVT on request with all information necessary for the registration of the MVT’s security interest in terms of the PPSA.