Terms and Conditions of Darwin Auto Motors Purchases
Unless otherwise stated in writing, Darwin Auto Motors (“DAM”) and the Customer (“You, Your”) agree to the following.
DAM are a Licenced Motor Vehicle Dealer in the Northern Territory.
Dealership Number: 1016
These terms and conditions are to be read in conjunction with any DAM contract of sale.
- Contract of Sale: your sale agreement with DAM which includes all that is included in your purchase price including accessories, delivery costs and storage fees.
- Darwin Auto Motors: DAM, Dealer, Dealership and Vendor.
- Customer: You, Your, Consumer, Purchaser.
24 Hours Money Back Guarantee
- DAM offers all customers a money back guarantee provided You return the purchased vehicle within 24 hours from the time You purchased it.
- The following conditions apply to be eligible to receive this money back:-
- You must contact us on either 0424708094 or email@example.com and let DAM know that you are requesting a refund in accordance with the 24 hour money back guarantee.
- If You traded in a vehicle as part of Your purchase agreement with DAM Your trade in vehicle will be returned to You upon request along with monies You paid for the vehicle.
- If for any reason DAM are unable to return Your trade in vehicle to You DAM will pay You the value of the vehicle that it was traded in for.
- In You have sourced finance through DAM for the purchase of the vehicle DAM, You must ensure that You cover the balance of any outstanding loan amount if the returned monies do not pay out the finance.
- The vehicle must have driven less than 100km within the 24 hour period from the purchase time.
- The vehicle must be returned in the exact condition that it was purchased in. If the vehicle requires a detail upon return DAM reserves the right to deduct from the monies returned to You the cost of conducting an additional detail.
- You are limited to exercising this offer twice annually.
- This offer expires 24 hours after purchase.
12 Months Roadside Assistance: The way to get this service free
- With all DAM vehicle purchases, You are eligible to receive 12 Months Free Roadside Assistance.
- You must ask a DAM representative about this roadside assistance to have it included in your purchase.
- The 12 Month Free Roadside Assistance is offered through AWN Insurance and DAM representative will issue this product for you.
- To read more on this offer please follow the link below: https://www.awninsurance.com.au/RoadsideAssistance.aspx[ER2]
90 Days Stat Warranty:
- In accordance with the rules and regulations in the Northern Territory all purchases of vehicles which are less than 10 years old and have travelled less than 160,000km come with a free 3 month or 5000km (whichever occurs sooner) statutory warranty.
- This warranty does not cover physical damage caused by You.
- All work completed as a result of this warranty claim must be completed by DAM or another DAM authorised agent.
In the event that You are applying for finance to purchase a vehicle from DAM the following conditions apply:-
- If Your finance is approved, You must show proof of Your approved finance to DAM.
- All DAM contracts are conditional upon finance. Exceptions can be made on a case by case scenario. Exceptions to this clause must be requested by You.
- Where required DAM are authorised to complete any documents required by the credit provider, financier, broker to assist You in securing finance to purchase a vehicle from DAM.
- If for any reason You cannot secure finance for a purchase of a vehicle from DAM, at any point in time pre and post contract execution DAM holds the right to rescind the contract and request return of the vehicle.
- Prices advertised on any DAM online website, social media site or made either orally or written to You by a DAM representative may not be the final price to conclude a purchase of a vehicle.
- You must pay a 10% deposit to secure Your purchase of a vehicle. Once the deposit has been paid DAM will not make any attempt to continue selling that vehicle.
- If any variations to the purchase price are to occur You will be notified of the variations prior to delivery of the vehicle. If You have already executed the contract of sale and variations are to occur to the purchase price, You will be issued a new contract of sale to reflect the new purchase price.
- Dealership will forfeit 10% of vehicle price from deposit in an event of sale cancellation or rescission.
- You may rescind a contract of sale with DAM at any point in time prior to the delivery of a purchased vehicle.
- Storage fees apply for the vehicle of up to $39 per day (storage fees) after the deposit is paid to executing the contract of sale.
- DAM provides You with the opportunity to trade-in a vehicle as part of your contract of sale. You must notify a DAM representative that You wish to exercise this clause
- You agree to make the vehicle You intend on trading in available to a DAM representative to complete an assessment.
- DAM reserves the right to place the value on any vehicle You trade-in as part of your contract of sale.
- Once the trade-in value is agreed You cannot contest the value placed on the vehicle.
- A trade-in vehicle must be delivered to DAM car yard prior to delivery of the purchased vehicle.
- You agree that at the time of delivery of the trade-in vehicle, it is free of any encumbrance and claims to title or ownership.
- You will pay all costs to DAM for the total sale of contract price upon notification that the vehicle is available for delivery by DAM.
- You will be able to collect or have delivered the purchased vehicle within 7 business days of execution of the sale of contract or until DAM conveys to You that all purchase funds have cleared into DAM’s nominated bank account – whichever occurs sooner.
- You will not incur storage fees during the 7 business days outlined in this clause.
- You will incur storage fees if payment of the vehicle is extended past the 7 business day period identified in this clause for any reason caused by You.
Until the sale of contract total purchase price has been paid and cleared to the nominated DAM account:
- The title of the vehicle shall not be passed to the You.
- You will not take possession of the vehicle, as the fiduciary agent and bailee of the Dealer, and shall not be sell, transferred or otherwise encumber the purchase vehicle.
- If in breach of clause 2, the customer could be a trustee of the Dealer, and will receive all proceeds whether tangible or intangible, direct or indirect, and keep such proceeds in a separate account until the customer’s liability to the Dealer under this contract is discharged.
- The Dealer is entitled to register its security interest of the vehicle under the Personal Property Securities Act 2009 and the customer will do all acts.[ER3]
- If You for any reason you are in default of these terms and conditions, DAM reserves its rights to retain any monies already paid to DAM and in the event DAM begins proceedings against You, You will be liable for costs incurred by DAM subject to those proceedings.
- You allow DAM to retain Your 10% security deposit for any default of these terms and conditions caused by You.
- DAM reserves their right to allow exceptions to this clause.
- You agree that by executing a contract of sale with DAM you understand these terms and conditions and all other insurances, warranties and all matters raised in the contract of sale and in these terms and conditions and or any documents attached to the contract of sale.
- If not advertised, You are permitted to request any details related to the vehicle. I.e. make and model, prior usage.
- Any reasonable mistake or error in description shall not invalidate the contract of sale.
- These terms and conditions are governed by the Personal Property Securities Act 2009, the Competition and Consumer Act 2010 and any other legislation permitted by law.
- Where other wise stated, these terms and conditions are governed by the laws of the Northern Territory.
- Any notice which is required to be sent to another party will be sent via email or via post.
- Any advertised DAM vehicle, at the time of advertisement may not include all items which it has been advertised to include.
- DAM ensures the any vehicle purchased will have included all items as agreed between DAM and You and contained in your contract of sale executed prior to delivery and will ensure that the vehicle is ready at the time of delivery.
- DAM offers and advertises vehicles on written-Off Vehicles Register (WORV) and the WORV condition must be mentioned prior to sale verbally and in written contract by the representative of DAM. All known history of accident is available upon request i.e. Hail affected inspected write off vs road accident inspected write off etc.[ER4]
- To the extent lawfully possible, no conditions, warranties or guarantees are provided DAM unless provided in writing and contained in the contract of sale.
- To the extent lawfully possible, all conditions, warranties or guarantees which are not expressly set out in the contract, or otherwise provided in writing to You do not apply to You.
- The customer has full benefits of any conditions, warranties or guarantees which are reasonably implied in this industry. This industry being that of second hand motor vehicle sales.
- You understand that that some parts, products or accessories fitted into or to be fitted into a vehicle You have purchased may not be the original products that were supplied and/or fitted to the vehicle. Some parts, products or accessories in that form part of the vehicle at the time of delivery may not be covered by manufacturer warranty.
- You agree that DAM holds no responsibility as to the manufacturers warranty of any parts, products or accessories fitted into your vehicle by the time of delivery.
- In accordance with section 54 of the Australian Consumer Law (NT) and section 54 of schedule 2 of the Competition and Consumer Act 2010 (Cth), the purchaser’s attention is drawn to the defects listed overleaf.[ER5]
- The purchaser acknowledges that it has not relied on any warranty or representation made by the dealer its servant or agents or any other person on its behalf in entering this agreement other than those contained herein or implied by the competition and consumer act 2010 (Cth) and the consumer affairs and fair trading act.
- Any request for warranty work must be directed to the dealer first. Without dealer’s approval, any third party repair may void the warranty and customer might not get reimbursed
The customer is making a taxable supply of the trade-in to the Dealer. The customer acknowledges that:
- DAM is registered for all GST purposes.
- Your are responsible for all GST amounts rendered and applicable to Your purchase.
- The Dealer is entitled to claim Input Tax Credits where able to.
Where involving a trade-in vehicle:
- You are required to produce a tax invoice to DAM where you would like to trade-in a vehicle.
- Where you do not produce a tax invoice to DAM for a trade-in vehicle a Recipient Created Tax Invoice (RCTI) may be issued to you.
If You do not make a taxable supply, the Dealer shall be entitled to claim a national Input Tax Credit.
Commission, fee or other amount payable by the dealer
- You understand that where a third party recommended You to DAM, the third party may be eligible to receiving a commission from DAM on the basis of good faith.
- The Dealer is an organization bound by the National Privacy Principles under the Privacy Act 1988.
- You agree to provide personal information about Yourself where required to complete a contract of sale.
- Your information will only be used to facilitate the contract of sale to You and all subsequent insurances and warranties You have requested to form part of Your contract of sale.
- Your personal information may be passed on to a transport company where necessary.
- Any query or concerns about the way DAM manages personal information should be referred to the DAM Privacy Officer at firstname.lastname@example.org.
- You may request access to Your personal information held by DAM, by contacting the person DAM directly.