Please read below our vehicle contract for sale.
This is the official document that will have been summaries and pointed to in all marketing documentation.
VEHICLE SALE CONTRACT TERMS AND CONDITIONS (PLEASE READ CAREFULLY)
1.1 The acceptance of this Contract by the Purchaser means an offer has been made to purchase the Vehicle on the terms and conditions stated in this Contract.
1.2.The offer of the Purchaser is accepted by the Dealer when:
a. Payment in full or part payment is processed.
b. This Contract will then be binding on both parties.
c. This contract has no cooling off period.
The offer of the Purchaser may be withdrawn by the Purchaser any time before part or full payment is made to the dealer, it will automatically lapse at the close of business on the next normal business day for motor vehicle Dealers if payment is not made.
1.3 The offer of the Purchaser may be withdrawn by the Purchaser any time before it is accepted by the Dealer via way of payment or pre payment being processed by the dealer, it will automatically lapse at the close of business on the next normal business day for motor vehicle Dealers.
Where this Contract is subject to the Purchaser obtaining finance, the Contract is conditional upon the purchaser obtaining approval for the granting of a loan:
a) At point of checkout via the website or point of sale.
b) For the amount stated in the Contract.
c) From the Lender named in the Contract (or a lender acceptable to the Purchaser).
2.2 The Purchaser agrees to take all reasonable steps towards obtaining loan approval.
If the Purchaser has taken all reasonable steps towards obtaining loan approval, but does not obtain approval, then dealer has no obligation to refund any deposit.
2.3 Purchaser or the Dealer may terminate this Contract by giving notice to the other party before any deposit is made. Once a deposit or part payment is made the contract is considered accepted.
2.4 The dealer may release the purchaser from the contract if finance is declined, However the deposit will remain non refundable.
3. THE PURCHASE PRICE
3.1 Upon accepting the contract the Purchaser will pay to the Dealer all of the Total Purchase Price, unless adeposit, payment arrangement or any value given to a Trade-in vehicle is agreed in writing.
3.2 In the case of a new vehicle, if at any time after this Contract becomes binding on both parties but before delivery of the vehicle to the Purchaser, the cost of the vehicle to the Dealer changes because the manufacturer changes its price, or there is a change in statutory charges which apply to the vehicle the total purchase price will be adjusted by the corresponding amount.
3.3 If the manufacturer increases the cost of a new vehicle to the Dealer, the Dealer is only entitled to pass on to the Purchaser, an increase of up to and including 5% of the total factory price of the vehicle.
3.4 Payment by cheque for all or part of the total purchase price will not be considered to have been received by the Dealer until the cheque has been honoured.
3.5 The purchase price as written on the accepted invoice will remain even if future promotional pricing changes.
4.DELIVERY OF THE VEHICLE
4.1 The Dealer will deliver the vehicle to the Purchaser on or before the delivery date stated in the Contract.
In the case of a pre ordered new vehicle that is not currently in stock, if a delivery date is not stated in this Contract, the Dealer will deliver the vehicle within three (3) months of the manufacture supplying the vehicle to market in the dealers region. Any manufacturing delays are to be absorbed by the purchaser.
4.2 With in 48 hours of receiving payment the Dealer will place an order to the manufacture to secure your Vehicle.
4.2 Delivery of the vehicle to the Purchaser will take place at the Dealer’s premises, unless other arrangements or shipping are agreed to between the Purchaser and the Dealer.
4.3 Any delays in the dealer receiving the vehicle from the manufacture will be absorbed by the purchaser
4.4 the dealer nor the manufacture offer no warranty or guarantee regarding delivery timing, Any dates estimated are non binding and to be used as a guide only. Unless otherwise approved in writing by the dealer.
4.5 The Purchaser will deliver any Trade-In Vehicle to the Dealer, and take delivery of the vehicle, within seven (7) days of being notified by the Dealer that the vehicle is ready for collection. In case of late collection storage fee’s will be charged to the purchaser unless other wise documented in writing 30 days prior to arrival of the vehicle.
5. PASSING OF PROPERTY AND RISK IN THE VEHICLE
5.1 The Dealer remains the owner of the vehicle until the total purchase price has been received in full by the Dealer.
5.2 Risk in the vehicle and the responsibility to insure the vehicle will pass from the Dealer to the Purchaser when the vehicle is delivered by the Dealer to the Purchaser or when the vehicle leaves the dealers location for delivery to the purchaser, unless the Purchaser and the Dealer agree to some other arrangement and include it as a special condition of this Contract. This applies whether delivery occurs at the Dealers premises or any other location. The dealer takes no responsibility for freight, shipping or delivery off site from the dealership location.
6. TRADE-IN VEHICLE
6.1 The Purchaser will deliver the Trade-In Vehicle with accessories to the Dealer in the same condition theTrade-In Vehicle was in the at the time it was valued by the Dealer for the purpose of this Contract except for normal wear and tear.
PURCHASER’S RIGHT TO TERMINATE THIS CONTRACT
7.1 The Purchaser may terminate this Contract if the Dealer has breached any of the obligations imposed onthe Dealer by this Contract.
7.2 If this Contract is validly terminated by the Purchaser the Dealer must immediately refund any deposit paid and return any trade in vehicle to the Purchaser with in sixty (60) days. If in the event the Trade-in Vehicle has been sold, the cash equivalent of the Trade-In Vehicle value determined at the commencement of the Contract shall be refunded to the Purchaser.
7.3 Once the purchaser has paid or part paid they are committed to the sale. The contract is unconditional once payment or part payment is received.
.8. DEALER’S RIGHT TO TERMINATE THIS CONTRACT
8.1 The Dealer may terminate this Contract if the Purchaser has breached any of the obligations imposed on the Purchaser by this Contract.
8.2 If this Contract is validly terminated, the Dealer may seek an amount up to, but not exceeding, 20% of the total purchase price of the vehicle as pre-estimated liquidated damages.
8.3 Any deposit paid by the Purchaser may be used by the Dealer to meet the pre-estimated liquidated damages payable by the Purchaser. No deposit surplus will be refunded to the Purchaser.
9.1 All notices required by this Contract may be given by direct communication, telephone, electronically, fax or post to the addresses and numbers included in this Contract.
10.1 If at the delivery date the Trade In Vehicle is not in substantially the same condition as at itdate of this Contract or as represented by the Purchaser at the date of this Contract, then either:
a) 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 Dealer, as determined by the Dealer, acting reasonably; or
b) If the true condition of the Trade-In Vehicle is not discovered until after the total purchase price has been paid, the Purchaser shall be liable to reimburse the Dealer for any repairs or work required to reinstate the vehicle to a condition commensurate with the trade-in allowance ascribed to it under this Contract, within 7 days of notification by the Dealer of the cost of the repairs or other work
11.1 The Dealer shall use its best endeavours to deliver the vehicle by the delivery date, but shall not be liable to the customer for any damage or loss whatsoever arising either directly or indirectly from any such delay or failure of delivery.
12.1 Subject to clause 12.2 ,If the cost of a vehicle changes in accordance with clause 3, because the manufacture releases a new model and the model at the date of this Contract is no longer available, the parties agree that the Purchaser will purchase that new model and the total purchase price will be adjusted by the corresponding amount.
12.2 If the increase of the cost of the new model exceeds 5% of the total factory price of the vehicle, the Purchaser may terminate this Contract and obtain a refund on the deposit in accordance with clause 7.2 of this Contract or elect to proceed with the purchase of the vehicle at the increased price, which shall be greater than 5%.
14.1 The Purchaser acknowledges that non-genuine parts, accessories, products or additives (Non-Genuine Products) identified as such and not supplied or approved by the vehicle manufacturer for use in the vehicle are not covered by the manufacturer’s warranties in respect of such Non-Genuine Products and their use may affect the warranty provided by the manufacturer if the manufacturer considers that the Non-Genuine Products and/or their installation might affect the specifications or quality of the vehicle.
15.1 Vehicle Licence Duty, if included in this Contract, has been calculated with care by the Dealer. If the Office of State Revenue determines that the amount stated is incorrect then the Purchaser shall indemnify the Dealer for any shortfall within 7 days of notification by the Dealer of the amount of the shortfall. Please note the on roads costs and vehicle license duty that comes from the transport office is only applicable if the “On Road” costs have been outlined on the sale contract by the purchase invoice showing the vehicle purchase is “including on roads”
17. LIMITATION OF LIABILITY
17.1 The Purchaser agrees that, to the extent permissible by law, including the Australian Consumer Law, the Dealer shall not be liable
18. CHARGE ON VEHICLE
18.1 The Purchaser agrees that, if for any reason the Purchaser takes possession of the Vehicle prior to the Dealer receiving the Purchase Price in cleared funds, or if the Purchaser has any liability to the Dealer pursuant to clauses 10.1 (b) or 15. above, the Purchaser charges the Vehicle with the payment of any amount owing to the Dealer, and acknowledges that the Dealer may register its charge over the Vehicle on the Personal Property Securities Register.
18.2 Unless otherwise agreed in writing, if the Purchaser has not paid the whole of the Purchase Price prior to taking delivery of the Vehicle, the Purchaser must pay the Purchase Price within 24 hours of the Purchaser taking possession of the Vehicle.
18.3 In the event that the Purchaser does not pay the whole of the Purchase Price in accordance with clause 18.2, or does not pay the amounts owed pursuant to clauses 10.1 (b) or 15.1 by the date that those amounts fell due, then the Purchaser agrees that, in addition to its other rights and remedies, the Dealer may exercise any of the remedies set out in Part 4.3 of the Personal Property Securities Act 2009 (as amended).
This contract has no cooling off period. Upon acceptance the contract is binding
TERMS OF SERVICE
This website is operated by braaap. Throughout the site, the terms “we”, “us” and “our” refer to braaap. braaap offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall braaap, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless braaap and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 89 Cimitiere Street, Launceston Tasmania AU 7250.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com