Before purchasing a vehicle from us, you will be provided with a final contract to sign which will form the final terms of sale. However, we've provided a short-form copy of our terms for you to read and acknowledge in advance.
Effective as of 7/1/2023
Special Conditions
Build Confirmation Process: Approximately fourteen (14) days prior to the Estimated Delivery Date, the Customer
shall receive a Build Confirmation through a method selected by the Dealer, which may include but is not limited to a phone call, email, or text message. The Customer must affirmatively accept the Build Confirmation for the manufacturing process to commence.
Specification & Pricing Changes: The Customer acknowledges that both vehicle specifications and pricing are
subject to change due to factors beyond the Dealer's control prior to the issuance of the Build Confirmation. Final specifications and pricing shall be communicated to the Customer upon issuance of the Build Confirmation. The Customer has the option to cancel their order according to the terms of this contract if they do not agree with the final specifications and/or pricing.
Initial Deposit and Termination: The Initial Deposit is fully refundable until the Build Confirmation is affirmed
by the Customer. Either party may terminate this Agreement without penalty prior to the affirmation of the Build Confirmation by the Customer.
Additional Deposit and Financing: Upon affirmation of the Build Confirmation, the Initial Deposit shall by
considered non-refundable and the Customer shall arrange necessary financing, if applicable, to facilitate final payment on the Delivery Date.
Final Payment: The Customer shall remit any remaining balance owed to Dealer within five (5) business days
following the date on which the Vehicle achieves Blue Slip Compliance (“Compliance Date”). Payment shall be made via Electronic Funds Transfer (EFT) to the bank account specified by the Dealer. No other payment methods (such as cheque) will be accepted.
1.1 The Purchase Price of the motor vehicle is the amount shown as "Total Amount Payable".
1.2 The Purchase Price may be varied if, before the delivery of the motor vehicle, there is a change in the
manufacturer's recommended retail price, statutory charges, or applicable taxes and duties. The Dealer shall give the Customer written notice of any variation in the Purchase Price. If the Purchase Price is varied due to an increase in the recommended retail price, the Customer may rescind this Contact any time within three days after receipt of the written notice of the variation.
2.1 The Dealer shall use its best endeavours to acquire the motor vehicle by the estimated delivery date, not be
liable to the customer for any damage or loss whatsoever arising either directly or indirectly from any such delay or failure of delivery.
2.2 The Customer shall take delivery of the motor vehicle at the Dealer's premises within seven (7) days of the
Dealer notifying the Customer that the motor vehicle is available for delivery.
2.3 If the Dealer has not delivered the motor vehicle to the Customer within sixty (60) days of the estimated
delivery date, the Customer may by notice in writing to the dealer rescind this Contract.
2.4 Both the Dealer and the Customer acknowledge by signing the Clause in the space provided below that the motor
vehicle is of unusual design or combines unusual options and that the customer waives his/her right to the rescission as provided in Clause 2.3.
3.1 At or before taking delivery of the motor vehicle the Customer shall pay to the Dealer the balance of that
Purchase Price shown as "Balance Payable".
3.2 Before taking delivery of the motor vehicle the Customer shall deliver to the Dealer the trade-in vehicle
together with all accessories, extras, and attachments fitted at the time of valuation. If the trade-in vehicle is not in substantially the same condition as when valued by the Dealer, the parties may negotiate a variation in the net trade-in allowance, or either party may rescind this contract.
3.3 Until the Dealer has received payment in full of the Purchase price, title in the motor vehicle shall not pass
to the Customer and the Customer shall hold possession of it as bailee only.
3.4 The Customer shall be deemed not to have paid the Purchase Price until the Dealer receives clear and
unencumbered title to any trade-in vehicle and all other payments are credited to the Dealer's account.
3.5 While the Customer holds possession of the motor vehicle as bailee, he/she:
is responsible for its proper care and maintenance:
is liable for any loss or damage occasioned to it subject to the Customer's obligations, if the contract is terminated under any Cooling Off Right (Dealer-Financed Purchases) applicable to the contract: and
will indemnify the Dealer against any claim arising from its use.
3.6 Payment of final balance shall be made via Electronic Funds Transfer (EFT) to the bank account specified by
the Dealer.
4.1 Where the Customer requires finance to be provided for the payment of the motor vehicle, the Customer shall
promptly provide the Dealer and/or the Financier with information necessary to allow a determination of the Customer finance application.
4.2 Where the Customer advises the Dealer before entering into this Contract that he/she requires credit to be
provided for the payment of the motor vehicle and having taken reasonable steps has been unable to obtain credit, the Customer may within a reasonable period by notice in writing given to the Dealer rescind this Contract.
Where the Customer fails to take delivery of the vehicle, except under applicable Cooling Off Right, or breaches
this contract, the Dealer may terminate the contract upon notice. The Customer will forfeit any deposit(s) up to 10% of the Purchase Price. The Dealer may claim liquidated damages from the Customer, equal to 10% of the total amount due, less any forfeited deposit.
Where this Contract is lawfully rescinded (other than by exercising the Cooling Off Right), the Dealer shall
refund
any monies paid by the Customer and where possible return the trade-in vehicle PROVIDED THAT the Dealer shall retain
from any monies due to the Customer the actual costs of repairs and improvements, including GST, to the trade-in
vehicle and any payouts made or to be made by the Dealer to clear any encumbrances. Where the Dealer has disposed of
the trade-in vehicle the Customer shall accept: ______ which the parties agree is fair and reasonable compensation.
If the Customer is entitled and duly elects to terminate this Contract under the Cooling Off right:
7.1 the Customer is liable to the Dealer for any damage to the motor vehicle while it was in the Customer's possession, other than fair wear and tear:
7.2 the Dealer need not return any trade in vehicle if the Dealer is unable to return it because of a defect in the
trade in vehicle, not caused by the Dealer, that renders the trade in vehicle incapable of being driven or unroadworthy, but the Dealer must permit, and the Customer must arrange for, the collection of the trade in vehicle from the Dealer within 7 days of the exercise of the Cooling Off Right:
7.3 the Customer (if the Customer has accepted delivery of the motor vehicle before termination) must return the
motor vehicle to the Dealer unless the Customer is not able to return it because of a defect in the motor vehicle, not caused by the Customer that has rendered the motor vehicle incapable of being driven or unroadworthy in which case the Customer must permit, and the Dealer must arrange for, the collection of the motor vehicle: and
7.4 any “tied loan contract” within the meaning of the Consumer Credit (New South Wales) Code is terminated and
section 125(2)-(6) of the code applies to that termination as if it were a termination referred to in that section.
No warranties apply to this Contract with the exception of any which have been implied pursuant to any
Commonwealth or State law and which may not by law be excluded there from together with any express warranties, the terms of which are set out herein.
Any addition to or variation of these terms and conditions will have no effect unless made in writing and signed
by the parties to this Contract.
Privacy Statement
The Dealer is an organisation bound by the National Privacy Principles under the Privacy Act 1988. A copy of the
Principles is available for perusal at the Dealer's premises or from the Office of the National Privacy Commissioner.
The kind of information the dealer holds is that detailed within the contract document or other information
necessary to establish the Customer's identification.
The kinds of people which may be provided with information relating to you will include the NSW Roads and Traffic
Authority, insurance companies, suppliers of cars and other automotive products and services.
If you have any queries or concerns about the way the Dealer manages your personal information, you should contact
the Quality manager at the dealership or alternatively, visit our website.
You may request access to your personal information held by the Dealer, by contacting the person nominated in
clause 5 above.