Terms & Conditions
ACCOS Pty Ltd T/As Hills Truck Sales
Terms and Conditions – Used Vehicle Sales
Unless otherwise stated, the Customer and Dealer agree as follows:
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.
- At or before taking delivery of the motor vehicle the Customer shall pay to the Dealer the balance of the Purchase Price shown as "Balance Payable" in Section D of the contract or the total amount owing on the invoice.
- Before taking delivery of the motor vehicle the Customer shall deliver to the Dealer the trade-in vehicle (if any) 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.
- 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.
- 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.
- 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 applicable to the Contract; and
- will indemnify the Dealer against any claim arising from its use.
- Where the Dealer is entitled to reclaim possession of the motor vehicle, the Customer authorises the Dealer, its servants and agents to lawfully enter the Customer's property for the purposes of retaking possession.
- 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's finance application.
- Where the Customer advises the Dealer before entering into the 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 the Contract.
- Where the Customer refuses or fails to take delivery of the motor vehicle other than under the cooling off right applicable to this contract (Cooling Off Right) or is otherwise in breach of his/her obligations under this contract, the Dealer may terminate this Contract by written notice to the Customer. If that occurs any deposit paid or payable by the Customer to any amount not exceeding 5% of the total Purchase Price of the vehicle shall be forfeited to the Dealer.
Both parties acknowledge that the Dealer shall be entitled to claim by way of pre-estimated liquidated damages from the Customer an amount equal to 5% of the Total Amount Payable in Section D of the contract or the total amount payable on the invoice less any deposit forfeited.
- Where the Contract is lawfully rescinded (other than by exercise of 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 any 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;
- 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;
- 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............ days of the exercise of the Cooling Off Right;
- 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
- any ’tied loan contract’ within the meaning of Schedule 1 of the National Credit Code is terminated and Division 4 (135 – 2 to 6) of that Code applies to that termination as if it were a termination referred to in that Division.
- 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 therefrom 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.
- Purposes of collection and use of personal information
The dealer is an organisation bound by the Australian Privacy Principals (APPs) and this Contract of Sale and other transfer documentation that you sign when you purchase goods contain personal information about you, including your name, telephone number, address, drivers licence number, email address, details of any trade-in you own.
The seller holds your personal information and is stored on file. The seller collects and holds this personal information to facilitate your purchase of goods and to meet the requirements of the legislation associated with the supply of goods and related services.
Associated services and goods include the provision of warranty, insurance and registration.
The Seller will only collect personal information that you provide to it. Where you do not wish to provide the Seller with your personal information, the Seller may not be able to sell the goods to you.
- Disclosure of Personal Information
The Seller will only disclose your personal information in accordance with the Australian Privacy Principals as set out in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
The Seller will disclose your personal information to NSW RMS, and any other organisation that requires your details in order to carry out the transfer of registration of your goods.
If you apply for finance in connection with the purchase of goods, the Seller will provide your personal information to the financier for the purpose of the financing arrangements.
Your personal information may also be disclosed to the Seller's contracted suppliers, service providers and other entities that are associated with the supply of goods and related services.
Finally the Seller may disclose your personal information if it determines that disclosure of such information is required by law and reasonably necessary to protect the rights, property or safety of the Seller.
Your personal information may be disclosed to overseas recipients. As the internet is a global environment, where we use the internet to collect and process personal information this will necessarily involve the transmission of that information worldwide.
We may also share your personal information with our associates and suppliers overseas. Where we do, we will take reasonable steps to ensure such recipients comply with the Australian Privacy Principals set out in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
- Access and correction of your personal information
You have a right to access your personal information. The Seller will generally provide it to you but in some cases where and to the extent permitted by law, the Seller may refuse access to some or all of that information.
In those circumstances the Seller will provide reasons. To make a request for access to your personal information, you will need to obtain and complete an application form verifying your identity and specifying what information you require.
You should contact the Seller's Privacy Officer - Proprietor/Dealer Principal) via the contact details available on the Hills Trucks Sales Website to make a request. The Seller will take reasonable steps to ensure your personal information is accurate, complete, and up to date. If you believe that any personal information the Seller holds about you is not accurate, complete or up to date, then please contact the Seller's Privacy Officer - Proprietor/Dealer Principal) via the contact details on the Hills Truck Sales Website
- Seller's Privacy Officer
Name & Title ____________________________
You can contact the Seller's Privacy Officer - Proprietor/Dealer Principal) if you believe that the Seller is in Breach of the Australian Privacy Principals set out in the Privacy Amendment (Enhancing Privacy Protect) Act 2012.
The Seller will endeavour to respond to any complaint it has received within 30 days. If the Seller is unable to resolve your complaint you may take your complaint to the Office of the Australian Information Commissioner.
The Seller will take all reasonable steps to ensure your personal information is kept secure. The Seller only permits its authorised personnel to access your personal information.
- Your Consent
I consent to the use and disclosure of my personal information as set out above.
Purchaser's Signature_______________________________ Date:___________
NOTICE FOR COOLING OFF PERIOD FOR VEHICLES PURCHASED THROUGH DEALER FINANCE
Motor Dealers and Repairers Act 2013; sections 78–87
YOUR COOLING OFF RIGHTS
You are signing a contract to buy this vehicle. If finance for the purchase is being provided by the dealer or the dealer is arranging or facilitating the provision of credit through a linked credit provider, you may take advantage of the cooling off period. This is the period in which you may change your mind about buying this vehicle and terminate the sales agreement.
You have the right to decide within one business day of signing the contract not to proceed with the purchase and to terminate the sale agreement. You may take this action up until the end of the cooling off period. The period ends at 5pm on the next business day after you sign the contract. If the dealer closes before 5pm on the next business day after you have signed the contract, the cooling off period ends at the close of business on the next day that the dealer is open for business.
You may terminate the contract by giving a written notice to the dealer. The notice may be signed by you or by your solicitor or barrister.
You will not be able to take possession of the vehicle during the cooling off period unless the dealer agrees. If the dealer has agreed to let you take possession of the vehicle during the cooling off period, you may still terminate the contract.
If you terminate the contract during the cooling off period, you will have to pay the dealer $250 or 2% of the purchase price, whichever is the lesser amount. You will also have to repay the dealer any amount paid for a trade-in. You will also be required to return the vehicle if you have taken delivery of it.
NO COOLING OFF PERIOD
there is no cooling off period in respect of:
(a) a sale by a motor dealer to another motor dealer, a financier or a motor vehicle recycler,
(b) a sale at a bona fide auction,
(c) a sale of a vehicle intended to be used predominantly for business or other commercial purposes, or
(d) a sale where the provision of credit by a linked credit provider of the motor dealer to the purchaser is not arranged or facilitated by the motor dealer.
WAIVING YOUR RIGHT TO A COOLING OFF PERIOD
You may waive your right to a cooling off period. Should you waive your right to a cooling off period YOU WILL LOSE YOUR RIGHT TO TERMINATE THE SALES AGREEMENT.
|I wish to keep my right to a cooling off period||Purchaser's signature:_______________________________
|I wish to waive my right to a cooling off period||Purchaser's signature:_______________________________
DETERMINATION AS TO CREDIT REQUIREMENTS
(Delete and initial as appropriate)
- The Customer does not require credit from any source to be provided for the payment of the motor vehicle, OR
- The Customer requires credit to be provided before effect can be given to this Contract and will take reasonable steps themselves to arrange credit without delay. OR
- The Customer requires credit to be provided before effect can be given to this Contract and authorises the Dealer to arrange credit on his/her behalf.
READ THIS DOCUMENT CAREFULLY BEFORE YOU SIGN
THIS DOCUMENT BECOMES A LEGALLY BINDING CONTRACT UPON ACCEPTANCE BY THE DEALER
ACCEPTANCE FOR & ON BEHALF OF THE DEALER______________________________
SIGNATURE DATE OF CONTRACT_____________________________________________