Patterson Cheney Toyota

1. 1. Definitions

 

In these Terms:

 

Acceptable Condition means, in relation to a Vehicle, that it does not depart in any material respect from the description and information provided by You to the Dealer, and is not subject to any matter set out in clause 8.3;

 

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

 

Application Form means the Dealer’s Application Form made available to You for the purpose of indicating Your interest in participating in the Program and providing data and information to the Dealer about the Vehicle;

 

Commercial Use means the use of a vehicle or vehicles for commercial purposes, including but not limited to use for ride share services or as a taxi, or for hire or rental;

 

Conditional Offer means a Dealer’s conditional offer to purchase the Vehicle subject to an Inspection and its determination that the Vehicle is in Acceptable Condition;

 

Contract of Purchase means a separate. written contract signed by the parties, under which the Dealer agrees to purchase the Vehicle from You;

 

Dealer means Patterson Cheney Toyota

 

Inspection means the Dealer’s inspection of the Vehicle following Your acceptance of a Conditional Offer, to determine if the vehicle is in Acceptable Condition;

 

Program means the Instant Conditional Offer Program offered by the Dealer under and subject to these Terms;

 

Supplementary Offer means an offer made by the Dealer to purchase the Vehicle under clause 8.4(b);

 

Terms means these Instant Conditional Offer Terms and Conditions;

 

Vehicle means the used passenger vehicle being put forward by You for consideration under these Terms for potential purchase by the Dealer; and

 

You means the person putting the Vehicle forward for consideration by the Dealer under these Terms, and Your and Yourself have a corresponding meaning.

 

2. Program
   • The Dealer makes the Program available to help facilitate the efficient purchase and sale of used vehicles.

 

3. Application of Terms
   • Unless otherwise agreed by the Dealer in writing, these Terms apply exclusively to the Program and cannot be varied or replaced by any other terms.
   • Your participation or attempted participation in the Program constitutes Your acceptance of these Terms.
   • You acknowledge and agree:
     • these Terms are not a Contract of Purchase;
     • neither the making nor the accepting of a Conditional Offer is a Contract of Purchase; and
     • any agreement by the Dealer to purchase a Vehicle must be the subject of a separate Contract of Purchase.

 

4. Eligibility
   • To be eligible for the Program, You must:
     • be at least 18 years of age;
     • be selling the Vehicle, and be authorised to do so;
     • not be a motor dealer, hold a motor dealer licence or be required to hold a motor dealer licence;
     • not carry on (or be involved in the carrying on of) a business involving the provision of motor vehicles for Commercial Use; and
     • not be deemed ineligible under clause 3.
   • To be eligible for the Program, a Vehicle must:
     • be located in Australia;
     • be available for immediate sale;
     • have travelled fewer than 160,000 kilometres;
     • be fewer than 10 years old;
     • not have been used for Commercial Use;
     • comply with any further or other requirements of the Dealer as may communicate to You; and
     • not be deemed ineligible under clause 3.
   • The Dealer may at its discretion and at any time deem that You are, or a Vehicle is, ineligible for the Program.

 

5. Participation
   • To participate in the Program, You must:
     • be eligible pursuant to clause 1;
     • accurately complete the Application Form;
     • accurately complete such other forms, and provide such information, as the Dealer requires;
     • accurately and completely identify and describe to the Dealer any and all encumbrances to which the Vehicle is subject; and
     • comply strictly with these Terms.
   • If You participate or seek to participate in the Program, You must do so in good faith and must not use:
     • Your participation in the Program; or
     • any data or information You obtain by reason of Your participation in the Program:

     for any purpose:

     • other than Your participation in the Program; or
     • that may adversely affect or impact on the Dealer.

      

 

6. Acknowledgements, warranties and indemnity
   • You acknowledge that the Dealer relies, and is entitled to rely, on the information You provide to it about the Vehicle.
   • You agree and warrant that:
     • You are the owner of the Relevant Vehicle, and are fully authorised to offer it for sale to the Dealer;
     • any and all information You provide to the Dealer, whether orally or in writing, is accurate and complete, and is not false or misleading; and
     • Your participation in the Program is not unlawful or in breach of any contractual obligation.
   • You indemnify the Dealer from and against any and all actions, claims, demands, expenses, fees (including but not limited to legal costs and expenses), actual or threatened loss, liabilities or penalties claimed against the Dealer or incurred by the Dealer, in any way arising from:
     • a breach by You of these Terms;
     • any act or omission by You; and
     • Your offering of the Vehicle for sale.

 

7. Conditional Offer
   • Within 48 hours (or as soon as is practicable) of its receipt of Your Application Form and any such other information it has requested from You, the Dealer will contact You with its Conditional Offer
   • Any Conditional Offer made to You by a Dealer remains valid and open for Your acceptance for a period of 48 hours from its making, or such longer time as the Dealer may nominate by notice in writing to You.
   • If You accept a Conditional Offer, You must:
     • communicate Your acceptance of the Conditional Offer to the Dealer in writing; and
     • make the Vehicle available for Inspection at a time and location agreed with the Dealer.
   • You acknowledge and agree that:
     • any Conditional Offer made by the Dealer is made in reliance on the information You supply to the Dealer and the Dealer’s understanding of the market;
     • the amount of a Conditional Offer does not amount to a representation that it is the highest amount You may be able to secure for the Vehicle from other potential buyers; and
     • You are responsible for satisfying Yourself that any Conditional Offer is fair and reasonable for You.
   • Notwithstanding anything to the contrary in these Terms, you acknowledge and agree any Conditional Offer made by the Dealer is conditional on, and subject to:
     • the Dealer completing an Inspection and confirming the Vehicle is in Acceptable Condition; and
     • the parties entering into a Contract of Purchase.
   • Without prejudice to any of its other rights under these Terms, the Dealer may withdraw a Conditional Offer at any time and for any reason at its discretion.

 

8. Inspection
   • The Dealer will undertake the Inspection at no cost to You.
   • If the Dealer determines from the Inspection that the Vehicle is in Acceptable Condition, the parties may proceed to enter into a Contract of Purchase for the Vehicle.
   • A Vehicle will not be in Acceptable Condition if, in the reasonable opinion of the Dealer it:
     • is not eligible for the Program in accordance with clause 2 of these Terms;
     • departs in any material respect from the description and information provided by You to the Dealer;
     • has incomplete service records;
     • has sustained exterior or interior damage that was not disclosed by You to the Dealer prior to the Dealer making its Conditional Offer;
     • contains rust; or
     • is in a unroadworthy condition.
   • If the Dealer determines the Vehicle is not in Acceptable Condition, the Dealer may:
     • withdraw its Conditional Offer without liability of any kind to You; or
     • withdraw its Conditional Offer without liability of any kind to You, and make a new offer to purchase the Vehicle for Your consideration.
   • Notwithstanding anything to the contrary in these Terms, You acknowledge and agree any Supplementary Offer is conditional on, and subject to, the parties entering into a Contract of Purchase.

 

9. Encumbrances
   • Where the Vehicle is subject to one or more encumbrances, You acknowledge and agree that unless otherwise agreed by the parties in writing:
     • the amount of a Conditional Offer or Supplementary offer (as applicable) represents the total amount the Dealer offers to pay for the Vehicle;
     • part of the amount offered by the Dealer may be payable directly to the holder of an encumbrance, to obtain clear title to the Vehicle; and
     • in such circumstances, this would result in You receiving less than the amount of the Conditional Offer or Supplementary Offer (as applicable).

 

10. Liability
    • To the maximum extent permitted by law, the Dealer is not liable to You or any third party in any way arising under or in connection with the Program or these Terms.
    • The Dealer is not liable for any consequential or indirect damage or loss suffered by You or any third party, except to the extent of any liability imposed by the ACL.
    • Nothing in these Terms excludes, modifies or restricts the the application of any State or Federal Legislation that cannot be excluded, modified or restricted.

 

11. Governing law and jurisdiction
    • The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

 

12. Interpretation
    • If a clause is unenforceable, it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.