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Terms & Conditions

Terms and condition of Darwin Auto Motors

Unless otherwise stated, the customer and Dealer agree as follows:

Finance

Before a customer enters into a contract with Darwin Auto Motors, the dealer will ask the customer of the required finance to complete the purchase of the vehicle, then:

  • The customer must notify the Dealer that their finance is approved, and then the Dealer will dispose of the trade-in.
  • If the customer’s financial application is not approved, the contract will be canceled. The customer must use the best endeavors to obtain finance and could write down what their endeavors were made in obtaining the finance and provided reasons why the finance company refused the Dealer’s applications.
  • The Dealer has the authority of the Customer in completing any documents required by the credit provider or financier, unless otherwise required by law.

Price

  • All prices do not include Doc Fee, Dealer Installed Adds. Darwin Auto Motors strive to ensure all pricing and information contained in this website is accurate. Dealer reserves the right to refuse any sale due to pricing errors, and will not be held responsible for any errors resulting from typos, inaccurate detail information, or technical mistakes. We reserve the right to correct any pricing error at any time. The First person pays 10% deposit (non-refundable except finance applications) and/or sign the contract to secure a deal; dealership reserve the right to change/alter/modify anytime without any explanation.
  • The total price of the vehicle and any accessories shown in this contract, “Contract Price” is the price of those goods based on costs and circumstances as the date the contract was entered into by the Dealer. If there is any change in these costs, the Dealer has the right to increase the total price before delivery of the vehicle, and the customer could cancel the contract at any time within 3 days after receipt of the notification (written or oral).

Trade-in

  • The client can deliver any property vehicle that forms a part of this contract to the Dealer and full possession of the vehicle and free from encumbrances, which can be passed to the Dealer on delivery.
  • The dealer could rescind the contract or reduce the amount if the vehicle has defects or encumbrances on trade-in.
  • The Dealer could rescind the contract if the customer delivers to the Dealer a trade-in vehicle which is water damaged, a hail damaged or repairable write-off and that the condition is unfairly.
  • If the customer has not delivered the trade-in vehicle to the Dealer as at the date of this contract, the Dealer shall have the right to re-value the trade-in and may either rescind the contract or substitute a new amount on the trade-in. The Dealer shall be entitled to recover from the customer of any additional balance as a result of the re-valuation.
  • If the Dealer and the customer are in a disputed event about the reducing allowance from the Dealer, then they shall be determined by an arbiter (the president of the Motor Trade Association of the state in which the contract is been made).

Delivery

  • The customer shall pay or cost to be paid to the Dealer the total Contract Price upon notification that the vehicle is available for delivery by the Dealer.
  • The customer will be entitled and shall take delivery of the vehicle within 7 days of such notification at the Dealer’s place of business when the vehicle is available.
  • The customer will not be allowed to take delivery until the fund is completely clear to dealer’s end in the event of any electronic payment.

Title

Until the complete total delivered in this contract is been paid and cleared to the account of the Dealer:

  • The title of the vehicle shall not be passed to the customer.
  • The customer could take possession of the vehicle, as the fiduciary agent and bailee of the Dealer, and shall not be sold, transferred or otherwise encumbered the vehicle.
  • If in breach of clause 2 above, 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.

Default

If the customer defaults in observing any of these terms and conditions, the Dealer may resell the vehicle with no liability to the customer. To recover the Dealer’s loss, the customer must pay a forfeit on the account of the Contract Price to a limit of ten percent (10%), and recover the customer from liquidated damages of all loss on profit, reasonable expenses and cost been incurred, or retain any vehicle or other goods trade-in as a result of such default.

Further conditions

  • The customer should read and understand the terms and conditions of the contract and warrants that any assurance, inducement, promise or representation made by the Dealer bearing on the decision of the customer to enter the Contract being expressly set out or attached to the contracts.
  • When the customer signs a contract, some of the various information relating to the vehicle such as the year of manufacture, registration number may not be available and Dealer could mention this information into the contract when the information is made available.
  • The customer inspects the vehicle, merchantable quality and fits for the purpose.
  • Any reasonable mistake or error in description shall not invalidate the contract.
  • All terms in the contract are inconsistent with the Personal Property Securities Act 2009, the Competition and Consumer Act 2010 or any other legislation to the extent permitted by law. The contract shall be governed by the laws of the state in which the contract was been made.
  • Time is the essence of the contract.
  • Notice passed to the customer by ordinary prepaid post to the customer’s address in the Contract, the customer will receive on the second working day after posting.

Warranty

  • To the extent lawfully possible, no conditions, warranties or guarantees are provided from Dealer, otherwise provided in writing at the time of the vehicle delivery.
  • To the extent lawfully possible, all conditions, warranties or guarantees which are not expressly set out in the contract, otherwise provided in writing by the Dealer to the customer.
  • The customer has full benefits of any conditions, warranties or guarantees which are implied into the contract, such as fair trade or customer protection. But, just applicable to this contract and cannot be excluded from it.
  • The customer requests that any parts, products been referred to the front of the contract (the “products”) be supplied and/or fitted to the vehicle. The Customer needs to acknowledge and agree that some parts are not approved by the manufacturer installing the vehicle. And some parts are not covered by any warranty that may affect the specifications or quality of the vehicle.

Severance

If any of the provisions of the Contract should be judged invalidly, unlawfully or unenforced for any reason whatsoever by a court, will not affect the operation of the Contract. And the invalid, unlawful will be treated for all purposes as severed from the contract.

GST Obligations

The customer is making a taxable supply of the trade-in to the Dealer. The customer acknowledges that:

  • The customer is a registered GST at the time of entering into the Contract.
  • The customer shall be responsible for the payment of GST to the Australian Taxation Office.
  • The Dealer is entitled to claim Input Tax Credit.
  • The customer must show the tax invoice to the Dealer in relation to the trade-in upon execution of the contract by the Dealer.
  • The Dealer issues a Recipient Created Tax Invoice (RCTI) in respect of the trade-in, and the customer agrees not to issue a tax invoice to the trade-in vehicle if the Dealer issues RCTI.

If the customer does not make a taxable supply, the Dealer shall be entitled to claim a national Input Tax Credit. The Dealer confirms it is been registered for GST.

Commission, fee or other amount payable by the dealer

If the Customer was been introduced to the Dealer by a third party, the customer acknowledges that the third party will be paid, such as commission, gift or other benefits from the Dealer. The customer needs to refer the third party (if any) for further information.

Privacy statement

  • The Dealer is an organization bound by the National Privacy Principles under the Privacy Act 1988.
  • The customer needs to provide personal information to the Dealer, if not the contract could be made.
  • The information will facilitate the delivery of the vehicles, to meet the requirements of the government authorities and third-parties suppliers associated. Associated services include the provision of warranty services, insurance and registration of the vehicle so that it becomes available from time to time
  • The kind of people that may be provided with information relating to the Customer includes the state transport in which this Contract is entered into, insurances companies and the Dealer’s related companies.
  • Any query or concerns about the way the Dealer manages personal information should be referred to the Dealer’s Privacy Officer at info@darwinautomotors.com.au
  • The customer may requests an access to his or her personal information held by the Dealer, by contacting the person nominated in clause 5) above.

Determination as to credit

Delete and initiate as appropriate

  • The customer does not require credit from any source to be provided for the payment of the motor vehicle.
  • The Customer requires credit to be provided before the effect can be given to the Contract and will make reasonable steps by them to arrange credit without delay.
  • The Customer requires credit to be provided before the effect can be given to the Contract and authorities of the Dealer to arrange credit on his/her behalf.

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