Our Terms and Conditions

 

 

Welcome to Firma Trading Pty Ltd's webpage. By accessing this website (the "Site"), you agree to be bound by the Terms and Conditions appearing in this document. Please read the following terms and conditions carefully. Your use of the services provided by the Site or any of its subsidiaries (the "Service") is specifically conditioned upon your agreement to the Terms and Conditions contained in this Terms and Conditions Agreement (the "Agreement"). By using the Service, you are agreeing to all of the terms contained in this Agreement.

 

Definitions
Throughout this Agreement, the words "we," "us," "our", and "ours" refer to Firma Trading Pty Ltd, a South Australian based corporation, its officers, employees, consultants, and subsidiaries. The words "you," "your," and "yours" refer to you, a user of the Service.

 

Modifications to Agreement
We may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the Site from time to time to review the current Terms and Conditions.

 

Ownership
Any and all intellectual property rights associated with the Service and Firma Trading Pty Ltd and its affiliates—including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, and copyrights—are the sole property of Firma Trading Pty Ltd., and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without our written permission. Except as provided herein, we do not grant to you any express or implied rights to our intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content that you provide to us, you hereby grant to us a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service.

 

Termination
You agree that we, in our sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party as a result of our termination of your access to the Service.

 

Acceptable Use
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.

You explicitly agree not to:

  • Transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortious, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
  • Transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
  • Transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
  • Transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, unauthorized links to other websites, or other such solicitation;
  • Use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
  • Transmit any Content that solicits purchase of any product or service, unless that solicitation has been paid for by you and explicitly approved in writing by us;
  • Use the Service to transmit Content that includes any virus, worm, Trojan horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host;
  • Disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity;
  • Use any robot, spider or other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Service, nor act as a conduit for others to affect the same result; or
  • Use the Service with the intent to defraud us, any user of the Service, or any other party, including, but not limited to, using the Service to solicit sales fraudulently or using the Service to engage another party in a fraudulent transaction.

 

No Liability
We assume no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:

  • Any Content you transmit will be treated by us as not being confidential to you, except as noted in the Privacy Policy;
  • You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission; we cannot and will not guarantee the security of any of the Content stored or transmitted by the Service; and
  • You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.

 

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

 

Errors in Content, including, but not limited to, description, photography, or typographical errors, are subject to correction at our sole discretion.

 

Third Parties
Parties other than us and our subsidiaries may operate stores, provide services, or sell product lines on the Service. Additionally, the Service may offer links to the websites of affiliated companies and certain other businesses. We shall not be responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their respective websites. We assume no responsibility or liability for the actions, product, and content of all these and any other third parties. You explicitly agree to carefully review their privacy statements and other conditions of use.

 

Electronic Communications
By using the Service or by communicating with us electronically via email, instant messenger, or by other means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Product, Service Descriptions and Refund Policy
We attempt to be as accurate as possible with respect to all product and service descriptions and shall try not to misrepresent a product or service to the best of our abilities at all times. However, we do not warrant that product and service descriptions or other Content of the Service is accurate, complete, reliable, current, or error-free. Under this Agreement, it is up to you to take all necessary steps, precautions or otherwise as required to perform the necessary due diligence and verify all details for all our products and services listed before you enter into any contract with us to purchase any of our products or services. In accordance with this Agreement, we shall consider that you have conducted all necessary due diligence and that you are fully satisfied with your purchase once a contract of sale has been effected and entered into between you and us. Please note that under this Agreement, you are also aware that we have a strict non refundable policy in place and no further claims against us shall be entertained at any time henceforth.

 

No Warranty
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.

 

Please note that under South Australian Laws, we are not obliged to provide any statutory warranties and neither do we have a duty of repair for vehicles that have been driven for more than 200,000 kilometres or if its first year of registration was more than 15 years ago.

 

We have a comprehensive list of strict terms and conditions of sale. Please contact us if you are interested to go through our contract terms and conditions of sale prior to purchase. We shall be pleased to provide more details upon request.

 

Please further note that from time to time, we assist our clients with their transport requirements and arrangements. We shall always endeavour to use a reputable transport carrier. Please be aware that under this arrangement, we are by no way responsible for any damage to the product arising out of negligence, accidents, mistakes, oversights or any other mishaps through no fault of ours or while in transit. Please be aware that it shall be prudent to take up any relevant insurance policies to insure against any loss or damage. Our responsibility will be strictly limited to when the product is in our possession. Once the product has been handed over, we cannot be held responsible for any loss, damages or claims whatsoever and no further claims will be entertained at any time henceforth.

 

Indemnity
You agree to indemnify and hold us and our vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.

 

Modifications to Service
We reserve the right at any time to modify, correct, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also change your priority of access to the Service with respect to other users. We make no commitment to update the information provided by the Service.

 

Disclosure of Content
Although we have no obligation to monitor the Content of our users, we reserve the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third parties, or protect our rights, property, or personal safety, or that of our users, or of the public.

 

Privacy Policy
For detailed information regarding our use of registration data and other user information, please read our Privacy Policy.

 

Miscellaneous
This Agreement shall constitute the complete and exclusive agreement between you and us. While we reserve the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and a representative authorized by us execute a separate written agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of South Australia, Australia without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of South Australia, Australia. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of South Australia, Australia. The arbitration shall be conducted under the rules then prevailing of the relevant South Australian authority. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, we may obtain equitable relief in any court to protect our intellectual property.

 

CONTRACT FOR THE SALE OF A USED MOTOR VEHICLE

FIRMA TRADING PTY LTD

ABN: 40 162 273 725

SA DEALERS LICENSE NUMBER: MVD 254471

Firma Trading Pty Ltd (Firma Trading)ABN 40 162 273 725 conducts this Contract of Sale on these Terms and Conditions, which replace any other previously published Terms and Conditions or

conditions of business. Purchasers are advised to carefully read these Terms and Conditions.

FIRMA TRADING'S PRIVACY STATEMENT

The Contract of sale and collection of personal information

When you purchase a vehicle, you will sign a Contract of sale and transfer documentation that will contain personal information about you. Personal information is information about you from

which your identity can be ascertained.

Firma Trading collects personal information to facilitate your purchase of a vehicle and to meet the requirements of the legislation associated with the supply of a motor vehicle and related goods.

Associated services will include the provision of warranty, insurance and registration.

Disclosure of personal information

Firma Trading needs to disclose your personal information to Service SA, and or any other organisation that requires your details in order to effect the transfer registration of your vehicle.

If you apply for finance in connection with the purchase of your vehicle, Firma Trading must provide your personal information to the financier for the purposes of the financing arrangements.

Your personal information may also be disclosed to Firma Trading's contracted suppliers and service providers.

Firma Trading may disclose your personal information if Firma Trading determines that disclosure of such information is required by law, and reasonably necessary to protect the rights, property,

or safety of Firma Trading.

Access and Correction of your personal information

Firma Trading aims to ensure your personal details are up to date. If you have any queries, concerns, or would like to access or revise your personal information, please contact Mr K J Parekh at

Firma Trading Pty Ltd.

Firma Trading has a comprehensive Privacy Policy on our company website and more details can be found at the following website link: http://www.firmaauto.com/Privacy%20Policy.html

TERMS AND CONDITIONS FOR SALE OF A USED MOTOR VEHICLE

1. Definitions

Unless the context otherwise requires:-

“Purchase Vehicle” means the Motor Vehicle described in the front of this Contract as listed in Form 5 as required by section 17 of the Second-hand Vehicles Dealers Act 1995.

“Trade in Vehicle” means the Motor Vehicle described in the front of this Contract as listed in Form 5 as required by section 17 of the Second-hand Vehicles Dealers Act 1995.

“Purchaser” means the Customer whose details are described in the front of this Contract as listed in Form 5 as required by section 17 of the Second-hand Vehicles Dealers Act 1995.

“The Seller” means the licensed Dealer described in the front of this Contract as listed in Form 5 as required by section 17 of the Second-hand Vehicles Dealers Act 1995.

“Contract” means this Contract which is comprised of the attached Terms and Conditions of Sale as well as to the Contract For the Sale of a Second Hand Vehicle By A Dealer as listed in Form 5 as

required by section 17 of the Second-hand Vehicles Dealers Act 1995.

2. Nominated Registered Owner

Where in this Contract a Nominated Registered Owner is designated as such, the Purchaser hereby authorizes and directs the Seller to do all things reasonably necessary to effect registration of

the Purchase Vehicle in the name of the Nominated Registered Owner in lieu of the Purchaser.

3. Payment

(1) If the Purchaser fails to make any payment as provided for in this contract on the due date for such payment then the Purchaser shall pay to the Seller interest on such amount until payment of

such amount at a rate equal to the rate fixed under the relevant Penalty Interest Rates Act plus 50% providing the total amount of such interest shall not exceed an amount equal to 5% of the

purchase price of the Purchase Vehicle.

(2) Upon the Seller giving notice to the Purchaser that the Purchase Vehicle is available for delivery the Purchaser shall:-

(a) forthwith deliver the Trade in Vehicle (if any) to the Seller; and

(b) immediately pay the whole of the balance of the purchase price of the Purchase Vehicle. Terms of payment are strictly cash, bank cheque or direct deposit before delivery.

(3) The abbreviation GST means Goods and Services Tax. Prices shown and all references to price, amounts, allowance, refund, cost, pay-out value and other like words made within this Contract

are inclusive of the Goods and Services Tax, unless amounts are specifically exempted by legislation. A separate tax invoice will be issued in accordance with the Goods and Services Tax legislation.

4. Authorised Sales

Notwithstanding anything herein otherwise contained in the Contract shall be voidable by the Seller at any time prior to delivery of the Purchase Vehicle, if the Contract is not executed by a person

duly authorized by the Seller to execute this Contract and if this Contract is so voided by the Seller then the Contract shall be at an end and all monies paid hereunder shall be refunded to the

Purchaser in full without any interest, expenses or other costs and charges.

5. Odometer Reading

The Seller being unable to satisfy itself absolutely as to the accuracy of the odometer reading as being the distance travelled by the Purchase Vehicle, cannot and therefore does not, believe the

odometer reading accurately record such distance.

6. Retention of Title

(1) It is expressly agreed between the Purchaser and the Seller that the title to the Purchase Vehicle shall in no circumstances pass to the Purchaser until the Seller has received full and cleared

payment to the Purchase Vehicle as herein provided. Until the Seller has received such payment for the Purchase Vehicle, the Seller shall be entitled to the immediate possession of the Purchase

Vehicle without notice to the Purchaser and the Purchaser hereby authorizes the Seller to enter into any premises owned or controlled by the Purchaser for the purpose of repossessing the

Purchase Vehicle without prejudice.

(2) If the Purchaser is in default under this Contract, the Seller may at his option notwithstanding that property in the Purchase Vehicle has not passed to the Purchaser and insofar as is possible

by law sue for and recover the balance of any monies outstanding under this Contract and any expenses and costs and interest incurred as a consequence of the Purchaser's default as aforesaid.

7. Delivery

The Purchaser shall accept delivery of the Purchase Vehicle at the address of the Seller set out on the front of this Contract and all risk in the Purchase Vehicle shall pass to the Purchaser upon

delivery to the Purchaser or to the Purchaser's nominated parties or to any service providers or contractors to whom the Purchase Vehicle is handed over to as associated with the purchase.

8. Trade in Conditions

(1) Where the Purchase involves a trade-in vehicle, then the amount allowed for the trade-in (net trade-in allowance) shall be deducted from the total purchase price. The net trade-in allowance

will be the amount allowed on the trade-in vehicle less any amount to be paid by the seller to discharge the interest of any other person in the vehicle.

(2) The trade-in vehicle must be delivered to the Seller no later than the date of delivery of the Purchase Vehicle. If the trade-in vehicle is delivered after this date or is not in substantially the same

condition as at the date of this contract, then the net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the trade-in vehicle between the date of this

Contract and the date of delivery to the Seller.

(3) The Purchaser's interest in the trade-in vehicle shall pass to the Seller:-

(a) when the Purchaser accepts delivery of the Purchase Vehicle; or

(b) when the Purchaser has delivered the trade-in vehicle to the Seller and the Seller has paid the net trade-in allowance to the Purchaser or acknowledged in writing that this amount has been

credited towards the total purchase price, whichever first occurs.

(4) The Seller shall not, without the prior written consent of the Purchaser, sell or agree to sell the trade-in vehicle before delivery of the Purchase Vehicle to the Purchaser.

(5) The Purchaser warrants that save for the encumbrances set out on the front of this Contract the trade-in vehicle including all extras and accessories now on or attached thereto are his or her

sole and absolute property and are free from all or any other encumbrances whatsoever and the amount set out as payment on the front of this Contract includes all monies owing or payable to

any person, firm or corporation in respect of the trade-in vehicle and all extras and accessories.

(6)If the amount required to pay out the encumbrances in respect of the trade-in vehicle exceeds the amount provided on the front of this Contract, then the Seller may at its option pay such

amount as may be necessary to obtain an unencumbered title to the trade-in vehicle which the Purchaser hereby authorises and the Purchaser shall immediately pay such amount to the Seller

forthwith upon demand.

9. Delays in Delivery

(1) The Seller shall make every reasonable effort to make the Purchase Vehicle available for delivery on or before the delivery date stated in this Contract. Where delivery is delayed more than 30

days, the Purchaser may terminate this Contract by notifying the Seller in writing, unless the delay is caused by the Purchaser.

(2) The Purchaser shall take delivery of the Purchase Vehicle within 7 days of being notified by the Seller that the vehicle is ready for delivery. If the Purchaser fails to take delivery within this time,

the Seller may terminate this Contract by notice in writing. If this occurs, the costs, expenses and all charges associated with the transport of the Purchase Vehicle back to the Seller shall be

recoverable from the Purchaser. Storage charges may also be applied and subject to prior confirmation in writing.

 

10. Limitation of Liability

At the time of delivery of the Purchase Vehicle, the Purchaser acknowledges that the Purchase Vehicle is in all respects in accordance with the description contained in the Contract and insofar as

is possible by law by taking delivery of the Purchase Vehicle, the Purchaser:-

(a) waives any rights or remedies he would or might otherwise have had by reason of any misdescription of the Purchase Vehicle in this Contract; and

(b) the Parties hereto shall be deemed to have thereupon agreed to have varied this Contract by changing the description of the Purchase Vehicle so it describes the Purchase Vehicle actually

delivered.

(c) the Purchaser acknowledges further as follows:

(1) that the Purchaser under this Contract has taken all necessary steps, precautions or otherwise as required to perform all the necessary due diligence required at the Purchasers cost;

(2) that the Purchaser is fully satisfied with the Purchase Vehicle under this Contract before signing of the Contract;

(3) that the Seller has a strict non refundable policy in place;

(4) that it is the Purchaser's responsibility to ensure that Purchase Vehicle purchased for export out of Australia is not affected by the provisions of the Protection of Movable Cultural Heritage Act

1986 (Cth) and that the Seller does not make any representation concerning in relation to the applicability of this Act. The Purchaser of any Purchase Vehicle which is subject to this Act shall not

be entitled to avoid the sale or refuse to make payment of the full amount of the purchase price in respect of that purchase;

(5) that the Seller makes no warranties and give no guarantees as to the condition, road-going ability, authenticity, genuineness, age, suitability, fitness for purpose or merchantable quality of any

Purchase Vehicle as it is sold on a “as is” and “where is” basis only;

(6) that the Purchaser agrees that the Purchase vehicle is sold in its current state of repair and condition as at the time of sale with all defects and faults (if any) and not withstanding any

description, representation or valuation given;

(7) that the Purchaser has adequately and satisfactorily inspected the purchase vehicle independently verified prior to purchase;

(8) that the Purchaser agrees that no error or misdescription of the purchase vehicle shall vitiate the sale and the Purchaser shall be bound to take delivery of the purchase vehicle without

concession or reduction in price;

(9) that the Purchaser acknowledges that all advertisements, catalogues, valuations and any pre-purchase/condition reports for the Purchase Vehicle are statements of opinion and are not to be

relied upon as statements or representations of fact and intending Purchasers must satisfy themselves by conducting their own inspection, inquiries and investigation as to the nature and

condition of the Purchase Vehicle offered for sale prior to purchase;

(10) that the Purchaser acknowledges that Caveat Emptor (buyer beware) applies in this contract;

(11) that the Purchaser acknowledges that the Purchase Vehicle is available for inspection prior to purchase and it is deemed that each Purchase Vehicle has been adequately inspected by the

Purchaser prior to signing of this contract;

(12) that the Purchaser acknowledges that the Purchase Vehicle is sold unregistered unless otherwise informed by the Seller;

(13) that the Purchaser acknowledges that the Seller cannot accept any responsibility for damage sustained to Purchase Vehicles through the normal use of machinery to load, unload and shift

damaged and non-mobile vehicles;

(14) that the Purchaser acknowledges that no compensation shall be paid in respect of any error or misdescription in relation to the matters referred to above.

11. Subject to Finance

(1) Where this Contract is subject to the Purchaser obtaining finance, the Contract is conditional upon the Purchaser obtaining finance approval

(a) within the time stated in this contract;

(b) of the amount stated in this contract;

(c) from the credit provider named in this contract (or from a similar type of credit provider);

(d) for the type of finance stated in this contract;

(e) upon reasonable terms and conditions in the circumstances.

(2) The Purchaser agrees to take all reasonable steps towards obtaining finance approval.

(3) if the Purchaser does not obtain finance approval then either the Purchaser or the Seller may terminate this contract by giving notice to the other party after providing all necessary satisfactory

proof of documents.

12. Transfer to Credit Provider

Where requested by the Purchaser, the Seller shall transfer the title to the Purchase Vehicle to the Purchaser's credit provider upon payment of the total purchase price to the Seller.

13. Termination

(1) Where this contract is lawfully terminated by the Seller due to a breach of this Contract by the Purchaser then:-

(a) the Purchaser shall forfeit the amount stated in this contract to the Seller provided that amount does not exceed 5% of the total purchase price;

(b) where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then the Seller shall:-

(i) refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and

(ii) return any trade -in vehicle to the Purchaser at the Purchaser's cost; and

(c) where an amount has been paid towards the purchase price and that amount does not provide the Seller with the forfeitable amount and a trade-in vehicle has been delivered to the Seller, then

the trade-in vehicle may be forfeited to the Seller and the Purchaser credited with the net trade-in allowance. If this amount and any other amount paid by the Purchaser exceeds the forfeitable

amount then the excess shall be refunded to the Purchaser without further costs, expenses or interest.

(2) Where this contract is lawfully terminated by the Purchaser due to a breach of this contract by the Seller then the Seller shall:-

(a) refund to the Purchaser all money paid by or on behalf of the Purchaser; and

(b) return any trade-in vehicle to the Purchaser at the Purchaser's cost.

(3) Where this contract is lawfully terminated by either the Purchaser or the Seller due to clause 13 or for any reason other than a breach of this contract then the Seller shall:-

(a) refund to the Purchaser all money paid by or on behalf of the Purchaser without any further costs, charges, expenses or interest; and

(b) return any trade-in vehicle to the Purchaser at the Purchaser's cost.

(4) Where this contract provides for the Seller to return any trade-in vehicle to the Purchaser but the Seller has, with the prior written consent of the Purchaser, sold or agreed to sell the trade-in

vehicle then this contract will be complied with if the Seller pays to the Purchaser:-

(a) an amount equal to the net trade-in allowance; or

(b) where the Purchaser or Seller have agreed on a value as the fair market value of the trade-in vehicle – that agreed value less any trade-in payout made or to be made by the Seller.

(5) Where the Seller returns any trade-in vehicle to the Purchaser and the Seller has carried out repairs on the vehicle with the consent of the Purchaser then the Seller shall be entitled to an

amount equal to the reasonable cost of those repairs on demand.

(6) Where either the Purchaser or Seller wishes to terminate this contract in accordance with this clause, they must give written notice to the other party of the decision to terminate.

(7) Nothing in this clause affects the rights and duties conferred by the Second Hand Vehicle Dealers Act 1995 of South Australia.

14. Non Exclusion of statutory warranties and other rights. The benefits conferred by the contract and by the Sellers warranty, if any, are in addition to all other rights and remedies in respect

of the purchase vehicle which the purchaser has under the Trade Practices Act 1974 and any other Commonwealth, State and Territory Laws.

Note: The parties to this contract may include other conditions if those conditions do not reduce the rights given to either party by or under the Second Hand Vehicle Dealers Act 1995 of South

Australia.

This Agreement shall be subject to and construed in accordance with the laws of the State of South Australia, Australia without regard to conflicts of law provisions, and you hereby consent to the

exclusive jurisdiction of the state and federal courts residing in the State of South Australia, Australia. Any and all unresolved disputes arising under this Agreement shall be submitted to

arbitration in the State of South Australia, Australia. The arbitration shall be conducted under the rules then prevailing of the relevant South Australian authority. The arbitrator's award shall be

binding and may be entered as a judgment in any court of competent jurisdiction.

Purchaser's Declaration

The Purchaser acknowledges and agrees that:

1. This Contract is NOT binding on the Seller or Purchaser until it has been accepted by the Seller. It will become a legally binding contract on acceptance by the Seller.

2. The prices, allowances and amounts shown in this Contract may be adjusted in accordance to the Terms and Conditions.

3. The Purchaser is not under the age of 18 years, not a bankrupt and has not committed an act of bankruptcy.

4. The Purchaser has read and understands all the Terms and Conditions relating to this Contract.

5. The Purchaser acknowledges receipt of a copy of this Contract.

6. The Purchaser gives permission for the Seller to retain the personal information contained in the Contract and authorizes the Seller to use that information for the purpose of advising future

marketing information about products and services offered by the Seller to the Purchaser.

Sellers Declaration

I, a person duly authorized by the Licensed Motor Dealer declare that the Purchaser Vehicle has no prior Contract with another Purchaser to purchase the Vehicle.

 

 

 

 

 
 
 
 

Contact Information

 
Location: Seaford, South Australia 5169
Postal Address: GPO Box 2266, Adelaide, South Australia 5001
 
Phone: 0405 261 275
International: +61 405 261 275
 
 

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