Terms & Conditions

1)PROVISION OF SERVICES AND SERVICE FEE

a)In consideration for AAS providing the Services, AAS will charge the Seller a Service Fee of $182. This only applies to cars over $2,000.

b)The Service Fee will be deduced from the Purchase Price or otherwise charged to the Seller in accordance with this agreement.

2)PAYMENT

Subject to the terms of this agreement, AAS will pay thePayment Amount to the account nominated by the Seller within 7 days of the date of this agreement, provided theSeller has provided AAS with all necessary information and material and is otherwise in compliance with the terms of this agreement.

3)VEHICLES SUBJECT TO FINANCE

a)If the Vehicle is subject to finance, the Seller must do all things that AAS reasonably requires to obtain the PayoutFigure from the financier.

b)If the Purchase Price is less than the Payout Figure, AAS may, at its sole discretion:
i)terminate this agreement by notice to the Seller and invoice the Seller for the Service Fee; or
ii)agree to receive payment of the difference from the Seller (plus any Service Fee) so that AAScan pay the Payout Figure to the financier to discharge any loan against the Vehicle, with such payment to be deemed payment by AAS of the Purchase Price under this agreement.

4)WARRANTIES

a)The Seller represents and warrants to AAS that:
i)it is the legal and beneficial owner of theVehicle;
ii)it has the sole right, power and authority to enter into this agreement and fulfil its obligations under this agreement;
iii)in selling the Vehicle, it will not be in breach of any obligation owed to any person;
iv)all information provided by the Seller in this agreement is true, complete and not misleading;
v)it will not permit the Vehicle to be driven without the written consent of AAS from the date of this agreement;
vi)on collection of the Vehicle by AAS, the Vehicle will be in the same condition as when theVehicle was inspected by AAS, prior to entering into this agreement;
vii)at the time of payment of the Payment Amount, title to the Vehicle will pass to AAS free of any encumbrance and third party interests; and
viii)it will remove any advertisements for the sale of the Vehicle immediately upon notification of payment by AAS.

b)These warranties apply as at the date of this agreement and at the date of collection of the Vehicle by AAS.

5)COLLECTION

a)The Seller must take all reasonable steps to make theVehicle, together with all manuals, keys, service history and registration details (if applicable), available for immediate collection once AAS has provided proof of payment of the Payment Amount, or at any other time mutually agreed between the parties.

b)AAS will use reasonable endeavours to arrange collection of the Vehicle at the time agreed between the parties, or otherwise as soon as reasonably practicable.

6)INSURANCE

The Seller must maintain any insurance policies in place with respect to the Vehicle as at the date of this agreement until collection of the Vehicle by AAS.

7)RISK AND TITLE

a)All risk in and to the Vehicle will pass to AAS upon collection of the Vehicle by AAS.

b)Legal and equitable title in and to the Vehicle will pass to AAS upon payment of the Payment Amount.

c)The Seller acknowledges that until title in and to theVehicle passes to AAS in accordance with this agreement, the Seller holds the Vehicle as bailee of AASand that a fiduciary relationship exists between the Seller and AAS.

8)CANCELLATION BY THE SELLER

a)The Seller may terminate this agreement at any time before AAS has made payment of the Payment Amount by providing at least 24 business hours written notice to AAS.

b)Notice of cancellation must be sent to sales@carbuyers.com.au or such other address nominated by AAS in writing from time to time.

c)In the event of cancellation by the Seller, a cancellation fee of $1000 (plus GST) will be payable immediately by theSeller to AAS in addition to payment of the Service Fee.

9)CANCELLATION BY AAS

AAS may terminate this agreement by providing written notice to the Seller at any time before making payment of the Payment Amount at its sole and absolute discretion.

10)LIMITATION OF LIABILITY

a)To the full extent permitted by law, AAS’ liability under this agreement is limited to payment of the Purchase Price.

b)Under no circumstances will AAS be liable for anyConsequential Loss and any such Consequential Loss is expressly excluded.

11)INDEMNITY AND RELEASE

a)Except where legislation cannot be excluded or would make this clause illegal, or where the inclusion of this clause would make AAS liable to a penalty, the Seller releases and indemnifies AAS from any Claim that is made c)This clause is subject to any other specific agreement regarding the payment of GST on supplies.

12)PERSONAL PROPERTY AND SECURITY ACT

a)The Seller acknowledges that:
i)this agreement constitutes a security agreement for the purposes of the PersonalProperty Securities Act 2009 (Cth) (PPSA);
ii)AAS has a security interest in the Vehicle supplied under this agreement.; and
iii)from the date of this agreement AAS may register a security interest in the Vehicle on thePersonal Property Securities Register.

b)The Seller agrees to do anything that AAS reasonably requires to ensure that AAS has at all times a continuously and perfected security interest over theVehicle.

13)GST

a)If GST is payable by a supplier (or by the representative member for a GST group of which the supplier is a member) on any supply made under or in relation to this agreement, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.

b)If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.

14)ASSIGNMENT

The Seller must not transfer any right or liability under this agreement without the prior written consent of AAS.

15)NOTICES

a)Any notice to or by a party under this agreement must be in writing and signed by the sender or, if a corporate party, an authorised officer of the sender.

16)GOVERNING LAW AND JURISDICTION

a)This agreement is governed by and construed under the law in the State of Victoria.against AAS in respect of any loss, damage, death or injury arising from negligence or otherwise caused directly or indirectly or arising out of the use or condition of the Vehicle sold to AAS, including Consequential Loss, except to the extent that such loss, damage, death or injury has been caused by AAS.

b)Without limiting the foregoing, the Seller indemnifies and agrees to keep indemnified, AAS from and against any loss, cost damage or expense (including legal costs on a full indemnity basis) incurred by AAS in connection with any breach of warranty provided by the Seller under this agreement.

17)AMENDMENTS

Any amendment to this agreement has no force or effect, unless effected by a document executed by the parties.

18)ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter.

19)FURTHER ASSURANCE

The Seller must promptly do all things necessary in order to give effect to this agreement, including executing and delivering documents

20)COUNTERPARTS

This document may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.

21)PRIVACY

If you agree to be photographed with your vehicle, you acknowledge and accept that this may appear on our social media and / or website for marketing purposes.

22)DEFINITIONS

a)”Claim” means any claim, demand, action or proceeding;

b)“ Consequential Loss ” means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of data or data use, future reputation or publicity, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity;

c)”Payment Amount” means the Purchase Price less the Service Fee;

d)”Payout Figure” means the amount owed to the financier of the Vehicle to discharge any loan against the Vehicle, including any and all associated fees;

e)”Seller” means the owner of the Vehicle identified in this agreement;

f)”Service Fee” means the fee for the performance of the Services in the amount of $182 (plus GST) or such other amount notified by AAS to the Seller in writing prior to entering into this agreement;

g)”Services” means services performed by AAS including background, history, ownership and security checks, transfer and collection of the Vehicle;

h)“Vehicle” means the vehicle identified in this agreement.