TERMS AND CONDITIONS FOR PURCHASE OF USED MOTOR CAR
Unless the context otherwise requires:-
“Car” means the car described under the panel headed “Description of Car” of the Cover Sheet;
“Cars24” means Global Cars Aus Pty Ltd (ABN 22 645 541 920) trading as “Cars24” - and licensed as follows:
Australian Capital Territory Motor Vehicle Dealer Licence Number 20000518;
Queensland Motor Dealer Licence Number 4472654;
Tasmanian Motor Vehicle Traders Licence Number 6115;
Victorian Motor Cars Traders Licence Number 0012133;
New South Wales Motor Cars Dealer Licence Number 085533;
South Australian Vehicle Dealers Licence Number MVD312191; and
Western Australian Motor Vehicle Dealer Licence Number MD29094,
"Completion" has the meaning provided in clause 6
"Cover Sheet" means the cover sheet (setting out the particulars of the Car which Cars24 is purchasing) which is attached to these terms and conditions;
"Encumbrance" means any encumbrance, charge, lien or other adverse interest over the Car as set out on the Cover Sheet;
“PPSA” means the Personal Properties Security Act 2009 (Cth) and its associated regulations as amended;
"Price" means the price of the Car under the panel headed "Price of the Car" of the Cover Sheet;
"Purchase Agreement" means this agreement which consists of the Cover Sheet and these terms and conditions of purchase;
“Seller” means the seller of the Car described under the panel headed "Seller's Details" on the Cover Sheet; and
"Total Purchase Price" means the total price payable for the Car (including all fees and duties) next to the panel headed "Total Purchase Price" of the Cover Sheet.
2. Sale of Car
The Seller agrees to sell and Cars24 agrees to purchase the Car in accordance with this Purchase Agreement
3. Seller’s Warranties
The Seller warrants and represents the following (as at the time of initial inspection of the Car and as at Completion):
the Car has an accurate odometer reading and/or record of distance or hours travelled as recorded on the Cover Sheet;
it has full legal authority to sell the Car;
it is the sole owner of the Car;
the Car’s engine has not been replaced;
the Car’s Odometer is working, has an accurate odometer reading and/or record of distance or hours travelled and has not been replaced;
Concessional registration has not been claimed in respect of the Car;
if the Car is fitted with airbags, the airbags have been not been deployed;
any conversion or modification from the manufacturer specifications has been approved by the relevant statutory authority and/or government agency and, if applicable, a letter of approval and modification plates are fixed to the Car;
unless otherwise indicated on the Cover Sheet, the Car is not currently on the written-off vehicle register and the Car has not previously been recorded on the written-off vehicle register (as maintained by the various Australian roads and licensing authorities);
unless there is an Encumbrance disclosed, the Seller has clear title to and the unfettered right to sell the Car and the Car is not subject to a security interest of any kind including without limitation under the PPSA;
it is not a bankrupt and has not committed any act of bankruptcy;
the Car has not been used as a taxi or a hire car;
no defect notice has been issued against the Car;
the Car is in good condition;
the Car does not have any mechanical faults;
the Car has not in the past been involved in a major accident or classified as a write-off;
the Car has a service history;
the Car has at least one set of keys; and
the supply of the Car does not represent a taxable supply by the Seller in the course of an enterprise which the Seller carries on and the supply of the Car is a GST free supply or, if the supply of the Car is a taxable supply, then the Seller will provide Cars24 with a valid tax invoice at the time of Cars24 signing this Purchase Agreement.
The Seller further represents and warrants that all warranties given in clause (a) are true and correct at all times.
Notwithstanding the existence of an Encumbrance (if any), the Seller warrants that the Encumbrance will be discharged at time of Completion.
The Seller’s warranties in clause 3(a) are in addition to all other rights and remedies in respect of the Car which Cars24 has under the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) and any other Commonwealth, State and Territory laws.
If on any physical or virtual inspection conducted, Cars24 determines in its sole discretion that:
the Car does not match the description of Car on the Cover Page;
the Car does not match the description as advertised by the Seller; or
a representation, disclosure or warranty provided by the Seller about the Car to Cars24 (including under clause 3(a)) is deemed by Cars24 in its sole discretion) to be misleading, incorrect or untrue, Cars24 may terminate the Purchase Agreement.
In addition to Cars24's rights under clause 4(a), Cars24 reserves the right in its absolute and sole discretion, not to offer to purchase the Car if at the time of hand-over:
the Car does not match the description of Car on the Cover Page;
the Car does not match the description as advertised by the Seller;
a representation, disclosure or warranty provided by the Seller about the Car to Cars24 (including under clause 3(a)) is deemed by Cars24 in its sole discretion to be misleading, incorrect or untrue; or
the Car has suffered damage or deteriorated in condition in the time between when the Seller first provides details of the Car to Cars24, the initial physical inspection (if required) and final physical inspection.
5. Title and Risk
Title in the Car passes to Cars24 on the earlier of:
the first date on which Cars24 makes payment in respect of the Car; or
the date on which the Car is collected by Cars24.
Risk in the Car passes on collection by Cars24.
For completion to occur:
unless otherwise agreed, the Seller must provide to Cars24:
executed transfer of ownership and registration forms for the Car including any other documents or certificates required in order to transfer the ownership and registration of the Car to Cars24;
the Car with clear and complete title free from any Encumbrances save for any Encumbrance for which a payout statement has been provided to Cars24 and for which Cars24 has the Seller's direction and authority to discharge by applying all or part of the Total Purchase Price;
all of the Cars keys (master/s and copies);
the Cars current registration certificate and proof of ownership documentation;
the Cars service history, owners' manual and service books (if available);
any accessories; and
any other documents or items reasonably required by Cars24 in relation to the transfer of the Car.
Cars24 must pay the Total Purchase Price to the Seller
7. Personal Property Securities Act
As security for performance of the Seller's obligations under this Purchase Agreement, the Seller grants to Cars24 a security interest over the Car and the proceeds derived from the Car.
The Seller acknowledges that Cars24 may register the security interest described in clause 7(a) on the PPS Register as it sees fit.
For the purposes of the PPSA:
terms used in this clause 7 that are defined in the PPSA have the same meaning as in the PPSA; and
the Seller must do whatever is necessary in order to give a valid security interest over the Car which is able to be registered by Cars24 on the Personal Property Securities Register.
The security interest arising under this clause attaches to the Car when Cars24 pays any part of the Price and the Seller retains possession or control of the Car.
Where permitted by the PPSA:
the Seller waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA; and
Cars24 and Seller agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA will apply to this Purchase Agreement.
To the extent permitted by the PPSA, the Seller agrees that:
the provisions of Chapter 4 of the PPSA which are for the benefit of the Seller or which place obligations on Cars24 will apply only to the extent that they are mandatory or Cars24 agrees to their application in writing; and
where Cars24 has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
The Seller must immediately upon Cars24’s request:
do all things and execute all documents necessary to give effect to the security interest created under this Purchase Agreement; and
procure from any person considered by Cars24 to be relevant to its security position such agreements and waivers (including as equivalent to those above) as Cars24 may at any time require.
Cars24 can terminate this Purchase Agreement by immediate notice to the Seller where:
the Seller has breached this Purchase Agreement; or
a representation, disclosure or warranty provided by the Seller to Cars24 about the Car is deemed by Cars24 in its sole discretion to be misleading, incorrect or untrue.
On termination of this Purchase Agreement under clause 8(a), the Seller must immediately refund to Cars24 all amounts paid by Cars24 to the Seller.
The Seller can terminate this Purchase Agreement by immediate notice to the Seller where Cars24 has breached this Purchase Agreement.
The Seller agrees to indemnify Cars24 against any claim, action, damage, loss, liability, cost, charge, expense or payment which Cars24 may pay, suffer, incur or are liable for, arising from or in connection with any act the Seller does or causes to be done, in breach of this Purchase Agreement (including a breach of warranty).
This Purchase Agreement is governed by the laws of the jurisdiction in which the Car is purchased by Cars24 and the parties agree to submit to the non-exclusive jurisdiction of the relevant court in that jurisdiction.
Cars24 may set off from any amounts it owes to the Seller, any amounts the Seller owes to Cars24 under this Purchase Agreement.
If the whole or any part of a provision of this Purchase Agreement is void, unenforceable or illegal it is severed. The remainder of this Purchase Agreement will continue to have full force and effect.
To the extent permitted by law, in relation to the subject matter of this Purchase Agreement, this Purchase Agreement embodies the entire understanding of the parties, and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement between the parties.
The Seller acknowledges that Cars24 has disclosed to the Seller on the Cover Sheet that it is a licensed motor dealer.
11. Privacy Statement
Purposes of collection and use of personal information This Purchase Agreement and other transfer documentation that the Seller signs when it sells a Car contain personal information, including the Seller’s name, telephone number, address, drivers licence number and email address. Cars24 holds the Seller’s personal information and is stored on file. Cars24 collects and holds this personal information to facilitate the Seller’s sale of the Car and to meet the requirements of the legislation associated with the purchase of a vehicle. If the Seller does not provide the requested information, Cars24 may refuse to purchase the Car.
Disclosure of Personal Information Cars24 will only disclose the Seller’s personal information in accordance with the Australian Privacy Principles (APPs) as set out in Schedule 1 of the Privacy Act 1988 (Privacy Act). Cars24 will disclose the Seller’s personal information to the relevant statutory authority, and any other organisation that requires the Seller’s details in order to carry out the transfer of registration of the Car. The Seller’s personal information may also be disclosed to Cars24’s contracted suppliers, service providers and other entities that are associated with Cars24. Finally, Cars24 may disclose the Seller’s personal information if it determines that disclosure of such information is required by law and reasonably necessary to protect the rights, property or safety of Cars24. The Seller’s personal information may be disclosed to overseas recipients. As the internet is a global environment, where we use the internet to collect and process personal information this will necessarily involve the transmission of that information worldwide. We may also share the Seller’s personal information with our associates and suppliers overseas. Where we do so, we will take reasonable steps to ensure such recipients comply with the APPs.
Security Cars24 will take all reasonable steps to ensure the Seller’s personal information is kept secure. Cars24 only permits its authorised personnel to access the Seller’s personal information.
The Seller’s consent By signing this Purchase Agreement, the Seller consents to the collection, use and disclosure of my personal information as set out in clause 11.