1 Price
The total amount payable by the Buyer to the Seller for the Vehicle, as shown in this Contract (Contract Price), is payable to the Seller in accordance with the terms of this Contract and no later than the time of delivery of the Vehicle to the Buyer.
2 Delivery
(a) The Buyer shall pay or cause to be paid to the Seller the Contract Price or so much of it as is outstanding immediately upon notification that the Vehicle is available for delivery by the Seller.
(b) Upon notification by the Seller to the Buyer that the Vehicle is ready for delivery, the Buyer shall, subject to payment in full of the Contract Price, be entitled to and shall take delivery of the Vehicle within seven (7) days of such notification at the Seller’s place of business and shall not reject the Vehicle provided that it is of acceptable quality and conforming to the specifications of this Contract.
3 Title
(a) Until the Contract Price is paid in full and cleared to the account of the Seller title to the Vehicle shall not pass to the Buyer.
(b) On payment of the Contract Price, and subject clause 10, title to the Vehicle will pass to the Buyer.
(c) The Seller guarantees to the Buyer that when title passes to the Buyer, the Buyer will have clear title to the Vehicle, unencumbered by any security interest of the Seller.
4 Default
If the Buyer defaults in observing any of these terms and conditions then without prejudice to any other rights and remedies, the Seller may resell the Vehicle with no liability to the Buyer and:
(a) forfeit and retain any monies paid by the Buyer on account of the Contract Price to a limit of ten per cent (10%) of the Contract Price, being a genuine pre-estimate of the Seller’s loss that may be sustained on account of the Buyer’s default; or
(b) recover from the Buyer by way of liquidated damages an amount representing ten per cent (10%) of the Contract Price; or
(c) recover from the Buyer by way of liquidated damages all loss of profit and reasonable expense and costs incurred as a result of such default.
5 Further conditions
(a) The Buyer has read and fully understands the terms and conditions of this Contract and warrants that any assurance, inducement, promise or representation made by the Seller or any representative or employee of the Seller which has had any materiel bearing on the decision of the Buyer to enter into this Contract is expressly set out in or attached to this Contract.
(b) The Buyer acknowledges that the Seller cannot and has not warranted that the Vehicle’s mileage as recorded by its odometer, log books or other recording device or record, is correct and the Buyer acknowledges and agrees that it shall not hold the Seller or its servants or agents, liable therefore.
(c) The Buyer further acknowledges that the Seller cannot and has not warranted that any air bag which is supposed to be fitted to the Vehicle is in fact fitted and operational.
(d) The Buyer has inspected the Vehicle and confirms that the Vehicle is ostensibly of acceptable and merchantable quality and fit for the purpose of the Buyer.
(e) Any reasonable mistake or error in description shall not invalidate this Contract.
(f) Where possible, all material particulars of this Contract have been completed and inserted into this Contract prior to it being signed by the Buyer.
(g) The rights and remedies of the Buyer and/or the Seller contained in this Contract are in addition to other rights and remedies of the Buyer and/or the Seller under the Competition and Consumer Act 2010 (Cth), any state fair trading, consumer protection or equivalent legislation and any other federal or state laws.
(h) Where the terms of this Contract are inconsistent with the Competition and Consumer Act 2010 (Cth) or any other legislation, to the extent permitted by law, the parties are deemed to have expressly excluded and replaced those statutory provisions.
(i) Time is of the essence of this Contract.
(j) Notices passed to the Buyer by ordinary prepaid post to the Buyer’s address shown in this Contract shall be sufficiently given to the Buyer end shall be deemed to have been received by the Buyer on the second working day after posting.
(k) References to the Buyer mean each of those persons named in this Contract as the Buyer and each of those persons shall be bound jointly and severally by this Contract.
(l) This Contract shall be governed by the laws of the State in which this Contract was made.
6 Warranty
(a) To the extent permitted by law, no conditions, representations, warranties or guarantees are made or given by the Seller except as expressly set out in the Contract or otherwise provided in writing by the Seller to the Buyer at the time of delivery of the Vehicle.
(b) To the extent permitted by law, all conditions, representations, warranties and guarantees which are not expressly set out in this Contract or otherwise provided in writing by the Seller to the Buyer are hereby expressly negatived and excluded.
(c) The Buyer shall have the full benefit of any conditions, warranties and guarantees which are implied into this Contract by the provisions of any consumer protection, fair trading or sale of goods legislation applicable to the State in which this Contract was made, but only to the extent that such conditions, warranties and guarantees are applicable to this Contract and cannot be excluded from it.
7 Severance
If a provision of this Contract would, but for this clause, be unenforceable:
(a) the provision will be read down to the extent necessary to avoid that result; and
(b) if the provision cannot be read down to that extent, it will be severed without affecting the validity and enforceability of the remainder of this Contract.
8 Tax and fees
(a) The Buyer must pay or reimburse the Seller for all taxes payable by the Seller in connection with the sale of the Vehicle including, without limitation, goods and services tax and any applicable luxury car tax. These amounts are payable in addition to the Vehicle price shown in this Contract. If the Seller is required to pay any such taxes, the Buyer will indemnify the Seller for the amount of any such taxes paid by the Seller.
(b) Unless agreed with the Buyer to the contrary, the Seller must transfer the registration of the Vehicle to the Buyer, after the Buyer takes delivery of the Vehicle. The Buyer must pay all fees, taxes and duties in connection with the transfer of registration including the amounts specified in the Details of purchase price shown in the Contract.
(c) If the Seller permits the Buyer to transfer the registration of the Vehicle to the Buyer, the Buyer must effect the transfer promptly after taking possession of the Vehicle and pay all fees, taxes and duties in connection with the transfer of registration. If the Buyer does not transfer the registration within 14 days after taking delivery of the Vehicle, the Seller may elect to effect the transfer of registration and pay any such fees, taxes and duties and the Buyer will indemnify the Seller for the amount of any such fees, taxes and duties paid by the Seller.
9 Commission, fee or other amount payable by Seller
If the Buyer was referred or introduced to the Seller by any third party, or if a third party has acted as agent of the Buyer or as broker or intermediary in relation to this purchase, the Buyer acknowledges that the Seller may pay or give a fee, commission, rebate, gift or other benefit to the third party. If further details are required, the Buyer should refer to the third party (if any) for further information.
10 Cooling off period
(a) The day and time the cooling-off period starts is as set out in Motor Sellers & Chattel Auctioneers Act 2014 (Qld) Form 12.
(b) The day and time the cooling-off period ends is as set out in Motor Sellers & Chattel Auctioneers Act 2014 (Qld) Form 12.
(c) Property in the motor Vehicle does not pass to the Buyer until the end of the cooling-off period, unless the Buyer takes physical possession of the Vehicle for a purpose other than:
- a vehicle inspection; or
- a test drive.
(d) The Buyer or the Buyer’s agent may possess the Vehicle during the cooling-off period, but only for the purpose of having the Vehicle independently inspected or test driving the Vehicle.
(e) The Buyer may avoid the Contract at any time during the cooling-off period by giving written notice to that affect to the Seller by completing Part 5, Section 2 of the Motor Sellers & Chattel Auctioneers Act 2014 (Qld) Form 12 and returning this to the Seller.
(f) If the Contract is voided during the cooling-off period by the Buyer, the Seller may keep $100.00 of any deposit paid.
(g) If the Contract is voided during the cooling-off period, the Seller must return to the Buyer any deposit paid by the Buyer, less the amount of non-refundable deposit referred to in subparagraph (f) above.
Privacy statement
- For the Seller’s full Privacy Policy please see http://www.bmd.com.au or a hard copy will be made available at no cost on request.
- The kind of personal information we (being the Seller and its related companies) hold is the information detailed in this Contract or otherwise provided by you, the Buyer.
- When we collect hold, use and disclose personal information we do so only for certain purposes set out in our Privacy Policy, including to facilitate the delivery of goods and services; to meet requirements of regulators and third party suppliers (including in relation to the provision of goods, insurance, registration, warranty and other services from time to time); to communicate with you, by way of direct marketing, information about any goods and services and in accordance with our Privacy Policy.
- We will be unable to do these things if we do not collect your personal information.
- Your personal and sensitive information may be transmitted to recipients, including service providers and suppliers of goods and services.
- Any query, complaint or request to access your Personal information should be referred to our Privacy Officer at privacy@bmd.com.au. Our Privacy Policy sets out how we deal with any complaints.
- You authorise and consent to us collecting, using, storing and disclosing your personal information within Australia in accordance with our Privacy Policy.