Standard Terms and Conditions of Sale:
Unless otherwise stated, the Customer and Dealer agree as follows:
The Company representative or employee of the Dealer which has had any material bearing on the decision of the Customer to enter into this Contract
is expressly set out in or attached to this Contract.
a) The Customer acknowledges that at the time of signing this Contract, various items of information relating to the vehicle such as registration
number, engine number, year of manufacture and compliance date, may not be available and as a consequence the Customer authorises the Dealer to
write the appropriate information into this Contract after signing when the information becomes available.
b) The Customer acknowledges that the Dealer cannot and has not warranted that the vehicle’s mileage as recorded by its odometer, log books or
other recording device or record, is correct and the Customer acknowledges and agrees that it shall not hold the Dealer or its servants or agents, liable
therefore.
c) The Customer further acknowledges that the Dealer cannot and has not warranted that any air bag which is supposed to be fitted to the vehicle is in
fact fitted and operational.
d) The Customer has inspected the vehicle and confirms that the vehicle is ostensibly of acceptable and merchantable quality and fit for the purpose
of the Customer.
e) Any reasonable mistake or error in description shall not invalidate this Contract.
f) Where possible, all material particulars of this Contract have been completed and inserted into this Contract prior to it being rendered for signing by
the Customer.
g) The Customer acknowledges and agrees, to the extent permitted by law, to exclude
h) Where the terms of this Contract are inconsistent with the Personal Property Securities Act 2009, the Competition and Consumer Act 2010 or any
other legislation, to the extent permitted by law, the parties are deemed to have expressly excluded and replaced those statutory provisions.
i) The Customer acknowledges and agrees that deposits on ‘factory order’ vehicles are expressly non-refundable.
j) Should the Customer expressly and in writing wish to sever the contract and cause to default on this contract then American Motors or one of its
subsidiaries may, at its sole discretion put up for sale the said vehicle for the Customer and, at its sole discretion refund a deposit, whether all or in
part less the costs of selling that vehicle.
k) Whereas a vehicle being other than a factory order then part (j) of this clause shall apply: Should the Customer expressly and in writing wish to sever
the contract then American Motors or one of its subsidiaries may, at its sole discretion put up for sale the said vehicle for the Customer and, at its sole
discretion refund a deposit, whether all or in part less the costs of selling that vehicle.
l) Notices passed to the Customer by ordinary prepaid post to the Customer’s address shown in this Contract shall be sufficiently given to the
Customer and shall be deemed to have been received by the Customer on the second working day after posting.
m) In this Contract ‘Customer’ shall apply to each person named herein as the Customer, and each such person shall be bound jointly and severally by
this Contract.
n) Estimated delivery date shall only apply to vehicles available for immediate delivery to the customer. Immediate delivery only applies to vehicles
located in Adelaide, South Australia. Such vehicles, to comply with the aforesaid immediate delivery must appear on the Register of Approved Vehicles
located on the Australian Government website.
p) This Contract shall be governed by the laws and the exclusive jurisdiction of the State of South Australia.
1) FINANCE
If, before the Customer signs this Contract, the Customer has advised the Dealer that the Customer requires finance to complete the purchase of the
vehicle and/or any accessories, then:
a) The Dealer cannot dispose of any trade-in until the Customer notifies the Dealer that finance has been approved;
b) If the Customer’s application for finance is not approved the Customer may cancel this Contract provided:
i) the Customer has used best endeavours to obtain finance; and
ii) within a reasonable period after entering into this Contract, the Customer has advised the Dealer in writing what endeavours were made to obtain
finance and that finance was not approved and has provided satisfactory evidence from the finance company of the refusal of finance; and
c) The Dealer has the authority of the Customer to complete any documentation on behalf of the Customer required by the credit provider or financier
unless otherwise required by law.
2) PRICE
The total price of the vehicle and any accessories shown in this Contract (“Contract Price”) is the price of those goods based on costs and
circumstances as at the date the Contract is entered into by the Dealer. If there is any change in these costs or circumstances before delivery of the
vehicle to the Customer then the Dealer reserves the right to increase the total Contract Price accordingly. If the Dealer increases the total Contract
Price (and unless the Customer takes delivery of the goods or such increase results only from a change in any applicable statutory charge) the
Customer may by notice in writing to the Dealer cancel the Contract at any time within three (3) days after receipt of notification (written or oral) of the
increase.
3) TRADE-IN
a) The Customer will deliver any trade-in vehicle that forms part of this Contract to the Dealer and full ownership of the vehicle free from
encumbrances will pass to the Dealer on delivery.
b) Any defect in or encumbrance on the trade-in or departure of the trade-in from the description on the face of this Contract whether discovered
before or after settlement will entitle the Dealer to rescind this Contract or to reduce the amount allowed by the Dealer in respect of the trade-in or to
return the trade-in without liability to the Customer and in such case, the Dealer shall be entitled to recover from the Customer any additional balance
due as a result of such reduction or return.
c) If the Customer delivers to the Dealer a trade-in vehicle which in the opinion of the Dealer is a water damaged vehicle, a hail damaged vehicle, a
statutory write-off or a repairable write-off, and that condition is not fairly and accurately disclosed in writing by the Customer in this Contract, the
Dealer may without incurring any liability whatsoever and in its absolute discretion rescind this Contract and return the trade-in vehicle to the
Customer. The Dealer will be entitled to recover from the Customer any additional balance due or costs incurred by the Dealer as a result of the trade-
in vehicle being returned to the Customer.
d) If the Customer has not delivered the trade-in vehicle to the Dealer as at the date of this Contract, the Dealer shall have the right upon the trade-in
being delivered to the Dealer to re-value the trade-in and based upon that re-valuation may either rescind this Contract or substitute a new amount as
allowance on the trade-in for the purposes of this Contract and the Dealer shall be entitled to recover from the Customer any additional balance due
as a result of such re-valuation.
e) In the event of a dispute between the Dealer and the Customer as to the amount the Dealer has reduced the allowance on the trade-in, then the
amount of such reduction shall be determined by an independent arbiter as agreed to by both the Dealer and the Customer and failing agreement, by
an independent arbiter appointed by the President of the Motor Trades Association of the State in which this Contract is made or equivalent industry
governing body nominated by the Dealer.
4) DELIVERY
a) The Customer shall pay or cause to be paid to the Dealer the total Contract Price or so much thereof as is outstanding forthwith upon notification
that the vehicle is available for delivery by the Dealer.
b) Upon notification by the Dealer to the Customer that the vehicle is ready for delivery, the Customer shall, subject to payment in full of the total
Contract Price, be entitled to and shall take delivery of the vehicle within seven (7) days of such notification at the Dealer’s place of business and shall
not reject the vehicle provided that it is of acceptable quality and conforming to the specifications of this Contract.
5) TITLE
Until the Contract Price is paid and cleared to the account of the Dealer:
a) Title to the vehicle shall not pass to the Customer;
b) Should the Customer take possession of the vehicle, the Customer does so as the trustee and bailee of the Dealer and shall not sell, transfer or
otherwise encumber or deal with the vehicle;
c) If, in breach of clause 5(b) the Customer sells, transfers or otherwise encumbers or deals with the vehicle, the Customer does so as the trustee of
the Dealer and the Customer will receive all proceeds whether tangible, or intangible, direct or indirect, of any such dealing with the vehicle on trust for
the Dealer and will keep such proceeds in a separate account until the Customer’s liability to the Dealer under this Contract is discharged;
d) The Dealer has a security interest in the vehicle; and
e) The Dealer is entitled to register its security interest under the Personal Property Securities Act 2009 and the Customer will do all acts and things to
assist in such registration.
6) DEFAULT
If the Customer defaults in observing any of these terms and conditions then without prejudice to any other rights and remedies, the Dealer may resell
the vehicle with no liability to the Customer
and:
a) Forfeit and retain any monies paid by the Customer on account of the Contract Price to a limit of twenty per cent (20%) of the Contract Price, being a
genuine pre-estimate of the Dealer’s loss that may be sustained on account of the Customer’s default; or
b) Recover from the Customer by way of liquidated damages an amount representing twenty per cent (20%) of the Contract Price; or
c) Recover from the Customer by way of liquidated damages all loss of profit and reasonable expense and costs incurred as a result of such default; or
d) Retain any vehicle or other goods traded-in or proceeds of sale of same or any monies paid by the Customer on account of any damages suffered.
OTHER TERMS AND CONDITIONS
1) WARRANTY
a) To the extent lawfully possible, no conditions, representations, warranties or guarantees are made or given by the Dealer save and except as
expressly set out in this Contract or otherwise provided in writing by the Dealer to the Customer at the time of delivery of the vehicle.
b) To the extent lawfully possible, all conditions, representations, warranties and guarantees which are not expressly set out in this Contract or
otherwise provided in writing by the Dealer to the Customer are hereby expressly negatived and excluded.
c) The Customer shall have the full benefit of any conditions, warranties and guarantees which are implied into this Contract by the provisions of any
consumer protection, fair trading or sale of goods legislation applicable to the State in which this Contract was made, but only to the extent that such
conditions, warranties and guarantees are applicable to this Contract and cannot be excluded from it.
d) The Customer has requested that any parts, accessories, products, additional items, customisations, modifications or other works referred to on
the front of this Contract (the “Products”) be supplied and/or fitted to the vehicle. The Customer acknowledges and agrees that some or all of the
Products may not be or are not approved by the Manufacturer of the vehicle for installation or use on the vehicle. Some or all of the Products may
therefore not be covered by any warranty that may be provided by the Manufacturer and installation or use of the Products on the vehicle may affect
any such warranty to the extent that the Manufacturer considers that any non-approved Products and/or their installation and/or use may affect the
specifications or quality of the vehicle.
2) SEVERANCE
If any of the provisions of this Contract should be judged invalid, unlawful or unenforceable for any reason whatsoever by a Court of competent
jurisdiction, such invalidity, unlawfulness unenforceability (unless deletion of such provision or provisions would substantially alter the intention of the
parties hereto expressed or implied) will not affect the operation, construction or interpretation of any other provisions of this Contract and the invalid,
unlawful or unenforceable provisions will be treated for all purposes as severed from this Contract.
3) GST OBLIGATIONS
a) Where the Customer is making a taxable supply of the trade-in vehicle to the Dealer, the Customer acknowledges that:
i) The Customer is registered for GST at the time of entering into this Contract and will notify the Dealer if it ceases to be registered.
ii) The Customer shall be solely responsible for the payment of GST to the Australian Taxation Office in relation to the trade-in (based on the Trade-in
Allowance, which shall be deemed to be GST-inclusive);
iii) The Dealer shall be entitled to claim an input tax credit in relation to the trade-in (based on the Trade-in Allowance);
iv) Subject to the following paragraph, the Customer shall provide the Dealer with a valid tax invoice in relation to the trade-in vehicle upon execution of
this Contract by the Dealer; and
v) The Customer gives the right to the Dealer to issue a Recipient Created Tax Invoice in respect of the trade-in vehicle and the Customer agrees not to
issue a tax invoice in relation to the trade-in vehicle if the Dealer issues the RCTI. If an adjustment event occurs in relation to the RCTI issued, the
Dealer agrees to issue an adjustment note.
b) Where the Customer is not making a taxable supply of the trade-in vehicle to the Dealer, the Customer acknowledges that the Dealer shall be
entitled to claim a notional input tax credit (based on the Trade-in Allowance).
c) The Dealer confirms it is registered for GST.
4) FURTHER CONDITIONS
a) The Customer has read and fully understands the terms and conditions of this Contract and warrants that any assurance, inducement, promise or
representation made by the Dealer or any representative or employee of the Dealer which has had any material bearing on the decision of the
Customer to enter into this Contract is expressly set out in or attached to this Contract.
If you have any queries please contact us at:
126-138 Port Rd, Alberton SA 5014