TERMS AND CONDITIONS
1. DEFINITIONS
In these Conditions, the following definitions apply:
“Cancellation Form” means the form made available to the Customer by the Company in accordance with Condition 11.
“Company” means DCR Motor Car Pty Ltd, registered in Australia.
“Contract” means the contract between the Company and the Customer for the purchase of the Vehicle in accordance with these Conditions.
“Customer” means the person or firm purchasing the Vehicle.
“Deposit” means any money paid, or any Used Vehicle provided, by the Customer to the Company as a deposit towards the Vehicle, as stated in the Order or otherwise.
“Intellectual Property Rights” means patents, copyright and related rights, trademarks, service marks, trade names, design rights and all other intellectual property rights existing now or arising in the future anywhere in the world.
“Order” means the Customer’s order for the Vehicle, as set out overleaf.
“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) automatic rights under the ACCC Consumer Guarantees.
“Used Vehicle” means any vehicle that the Company agrees to accept from the Customer as part payment for the Vehicle.
“Vehicle” means the vehicle or vehicles specified in the Order.
2. BASIS OF CONTRACT
The Contract represents the entire agreement between the parties. The Customer confirms that they have not relied on any statement, promise or representation made by or on behalf of the Company unless it is expressly included in the Contract.
3. BUYING AS A CONSUMER
Where the Customer is purchasing the Vehicle as a consumer, they retain the additional legal rights relating to the satisfactory quality and fitness for purpose of the Vehicle. Nothing in these Conditions affects those statutory rights. Further information may be obtained from the Customer’s local trading standards office.
4. DELIVERY
4.1 The Company will use reasonable efforts to meet any agreed delivery date. However, the Company does not guarantee delivery by that date and will not be responsible for losses or claims arising from a delay in delivery. Delivery will take place at the agreed location.
4.2 If, once the Vehicle is available, the Customer does not complete the transaction within 14 days after receiving written notice to do so, the Company may treat the Contract as repudiated. The Deposit may then be forfeited, without affecting the Company’s right to recover any loss or expense caused by the Customer’s default.
5. WARRANTY
5.1 Where separate warranties are provided by the Company and/or the Vehicle manufacturer, the Company recommends that the Customer makes use of those warranties in accordance with their applicable terms.
5.2 Except where a warranty has been expressly provided by the Company, and other implied terms and conditions are excluded to the fullest extent permitted by law.
5.3 Any warranty referred to in Condition 5.1 may be void to the extent that the Customer fails to comply with, or acts inconsistently with, any operational manual or manufacturer instructions concerning the use, servicing, maintenance or repair of the Vehicle.
5.4 The Customer must provide all information and documentation requested by the Company that is reasonably required to process the Order, including proof of identification, and confirms that the information supplied is accurate.
6. TITLE AND RISK
6.1 Risk in the Vehicle passes to the Customer when the Vehicle is delivered.
6.2 Ownership of the Vehicle does not pass to the Customer until the Company has received payment in full, in cash or cleared funds, or as otherwise required by the Company, and, where applicable, the Customer has fully complied with Condition 7.4.
7. PRICE AND PAYMENT
7.1 The Vehicle price is the amount stated in the Order or, where no price is quoted, the Company’s price-list price applicable on the delivery date.
7.2 Before delivery, the Company may increase the Vehicle price by giving notice to the Customer where the increase reflects factors outside the Company’s control, including increases in taxes, duties, labour, materials or other manufacturing costs, or where the Customer requests changes to the Order.
7.3 The Vehicle price does not include VAT. Where VAT applies, it must be paid by the Customer in addition to the stated price.
7.4 Where the Company agrees to accept a Used Vehicle as part payment, the Customer must ensure that:
(a) the Used Vehicle is owned by the Customer free from encumbrances, subject to any agreed settlement amount;
(b) all information supplied about the Used Vehicle is true, complete and accurate;
(c) all necessary documents relating to the Used Vehicle are provided;
(d) the Used Vehicle is delivered in the same condition as when inspected, fair wear and tear excepted;
(e) the Used Vehicle is delivered to the Company on or before delivery of the Vehicle;
(f) the stated allowance remains valid for a maximum of 14 days after the Company notifies the Customer that the Vehicle is ready;
(g) if the Used Vehicle’s mileage increases by more than 1,000 km per month between inspection and delivery, the allowance may be renegotiated; and
(h) the Customer confirms that the Used Vehicle has not been involved in a serious accident or used for hire or reward.
If these requirements are not satisfied, the Company is not obliged to accept the Used Vehicle as part payment.
7.5 Third-party finance may be offered by the Company, subject to status. All finance offers remain subject to acceptance by the relevant finance company on terms determined by that finance company. The Company is not responsible for credit referencing or for any credit agreement entered into between the Customer and the finance company. The Customer is not required to obtain, apply for or use finance provided by a finance company.
8. TERMINATION
8.1 The Company may terminate the Contract immediately by notice, without liability to the Customer, if the Customer becomes insolvent or suffers an equivalent event. This includes liquidation, the appointment of a receiver, suspension or threatened suspension of payment of debts, inability to pay debts under the Insolvency Act, an arrangement or composition with creditors, bankruptcy proceedings, or any similar event in any relevant jurisdiction. The Company may also terminate if the Customer’s financial position deteriorates to the extent that the Company reasonably concludes that the Customer will not fulfil their obligations.
8.2 Termination of the Contract, regardless of the reason, does not affect any rights or remedies that accrued before termination.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Conditions limits or excludes the Company’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot legally be excluded or restricted.
9.2 Subject to Condition 9.1, the Company is not liable for loss of profit or any indirect or consequential loss arising from or connected with the Contract. The Company’s total liability for other losses arising under or in connection with the Contract will not exceed the purchase price of the Vehicle.
9.3 Subject to Condition 9.1, the Company will not be liable for losses arising where the Customer fails to comply with, or acts inconsistently with, any operational manual, handbook, verbal instruction or written direction concerning the use, servicing, maintenance or repair of the Vehicle.
10. CANCELLATION AND CONSEQUENCES OF TERMINATION
10.1 If the Company terminates the Contract in accordance with Condition 8, or the Customer cancels where there is no contractual right to cancel:
10.1.1 the Company may retain the Deposit in full;
10.1.2 where all or part of the Deposit consists of a Used Vehicle, the Customer must, at their own expense, complete any documents and acts reasonably required to transfer ownership of that Used Vehicle to the Company or its nominee;
10.1.3 the Company may recover all reasonable costs incurred as a result of the Customer’s cancellation or termination, to the extent those costs exceed the Deposit.
11. RIGHTS TO CANCEL
11.1 If the Customer is purchasing the Vehicle as a consumer and either was not present at the Company’s premises when the Vehicle was ordered or the Order was made remotely, the Customer may cancel the Contract by giving notice to the Company no later than 14 days after delivery of the Vehicle.
11.2 A copy of the Company’s Cancellation Form, which the Customer may use but is not required to use, is available for download at the Company’s website or can be provided in hard copy upon request.
11.3 If the Customer cancels under Condition 11.1, the Customer must:
(a) return the Vehicle to the Company at the Customer’s expense as soon as reasonably practicable;
(b) not drive the Vehicle except for the purpose of returning it to the Company;
(c) pay for any special items or accessories fitted to the Vehicle that are required to be removed; and
(d) keep the Vehicle insured until it has been returned to the Company.
The Company will refund amounts paid for the Vehicle less any costs properly due under these Conditions.
11.4 The cancellation right does not apply where the Vehicle is made or modified to the Customer’s personal specification or where the Contract is otherwise exempt from the Regulations.
12. GENERAL
12.1 Notices may be given by either party by post using a prepaid envelope addressed to the other party’s address shown in the Order, or another address notified in writing. A posted notice is deemed received 24 hours after posting.
12.2 No concession, indulgence or delay by the Company will amount to a waiver of, or prejudice, any right or claim available to the Company.
12.3 The Contract is governed by Australian law.
STATUTORY RIGHTS
Nothing in these Conditions is intended to affect or remove the Customer’s statutory rights in connection with the purchase of the Vehicle.
