Terms of Purchase

Cooling Off Period

  1. If the Contract is governed by the laws of Queensland the following prescribed cooling off rights apply to the Purchaser under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld):
    1. The cooling-off period starts from the date and time the Contract is executed by the Seller and the Purchaser.
    2. The cooling-off period ends at 5pm on the next Business Day after the Contract is executed by the Seller and the Purchaser.
    3. Property in the Goods does not pass to the Purchaser until the end of the cooling-off period, unless the Purchaser takes physical possession of the Goods for a purpose other than-
      1. a vehicle inspection; or
      2. a test drive.
    4. The Purchaser or the Purchaser's agent may possess the Goods during the cooling-off period, but only to have the Goods independently inspected or to test drive the Car.
    5. The Purchaser may avoid the Contract at any time during the cooling-off period by giving written notice to that effect to the Seller in accordance with the Motor Dealers and Chattel Auctioneers Act 2014 (Queensland).
    6. The amount of any non-refundable deposit paid by the Purchaser if the Contract is avoided during the cooling-off period.
    7. If this Contract is avoided during the cooling-off period, the Seller must return to the Purchaser-
      1. any Trade-in Car offered by the Purchaser that the Seller has taken possession of; and
      2. any deposit paid by the Purchaser, less the amount of non-refundable deposit.
  2. If the Contract is governed by the laws of New South Wales the following prescribed cooling off rights apply to the Purchaser under the Motor Dealers and Repairers Act 2013 (NSW):
    YOUR COOLING OFF RIGHTS
    1. 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.
    2. 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.
    3. 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.
    4. If you terminate the contract during the cooling off period, you will have to pay the dealer $250.00 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—

      1. a sale by a motor dealer to another motor dealer, a financier or a motor vehicle recycler,
      2. a sale at a bona fide auction,
      3. a sale of a vehicle intended to be used predominantly for business or other commercial purposes, or
      4. 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.

TERMS AND CONDITIONS FOR SALE OF USED MOTOR VEHICLES

  1. Definitions

Unless the context otherwise requires:

  1. "12 Months Complimentary Roadside Assistance" means the 12 months complimentary roadside assistance as provided by National Roadside Service Australia (a trading name of Davantage Group Pty Ltd ABN 35 161 967 166).
  1. "Contract" means this Contract which is comprised of the Details and these terms;
  1. "Details" means the first pages of the Contract for the Purchase of a Used Vehicle document, which record the purchase of the Goods and which includes the names and contact details of the parties, a description of the Goods, a description of the Trade-In Vehicle, Total Purchase Price and any special conditions that might apply to your purchase;
  2. "Electronic Signature" means a digital signature or a visual representation of a person’s handwritten signature or mark which is placed on a physical or electronic copy of this Contract by electronic or mechanical means, and Electronically Signed has a corresponding meaning;
  1. "Goods” means the motor vehicle described in the Details;
  1. "GST" means goods and services tax under A New Tax System (Goods & Services Tax) Act1999;
  2. "PPSA" means the Personal Properties Securities Act 2009 as amended from time to time;
  3. 'Purchaser" or "you" means the Purchaser described in the front of this Contract and shall include the successors, executors and assignees of the Purchaserand where there is more than one their rights and obligations are joint and several;
  4. "SDMR" means Sime Darby Motors Retail Australia Pty Limited ABN 37 158 278 883;
  1. "Seller” or "us" or "we" means Sime Darby Motors Retail Australia Pty Limited ABN 37 158 278 883 trading as "SD Motors” and licenced as follows:
    1. Queensland Motor Dealer Licence Number 2301619;
    2. New South Wales Motor Cars Dealer Licence Number MD041203;
  1. "Total Purchase Price" means the total purchase price for the Goods shown in the Details;
  2. "Trade-in Vehicle" means the motor vehicle described in the Details under the heading "Trade in Vehicle particulars", and includes all extras and accessories attached thereto; and
  1. "Website" means the SD Motors online store available at www.sdmotors.com.au. This Website is owned and operated by Sime Darby Motors Retail Australia Pty Limited ABN 37 158 278 883.
  1. Total Purchase Price
  1. The parties acknowledge that this is a fixed-price contract and the Total Purchase Price for the Goods will reflect the price indicated on the front page of this Contract unless both parties agree to a variation of the price in writing.
  1. By signing this Contract, the Purchaser must pay to the Seller the Total Purchase Price prior to delivery of the Goods or notification to the Purchaser that the Goods are available for delivery (whichever occurs first).
  1. Prices specified in the Details and all references to price, amounts, allowance, refund, cost, pay-out, value and other like words made within this Contract are inclusive of GST unless amounts are specifically exempted by legislation. A separate tax invoice will be issued in accordance with the GST legislation.
  1. Interest

If the Purchaser fails to make any payment as required under this Contract on the due date for such payment then the Purchaser will pay to the Seller interest on that amount until such amount is paid in full at a rate equal to the Reserve Bank of Australia cash rate target plus 2%, provided the total amount of such interest must not exceed an amount equivalent to 5% of the Total Purchase Price of the Goods.

  1. Retention of Title
  1. It is expressly agreed between the Purchaser and the Seller that the title to the Goods does not pass to the Purchaser until the Seller has received full and cleared payment for the Total Purchase Price. Until the Seller has received full and cleared payment for the Goods the Purchaser holds the vehicle as a bailee only and may not sell or encumber or deal with the Goods in anyway and the Seller is entitled to enter into any premises owned or controlled by the Purchaser at any time for the purpose of repossessing the Goods without notice to the Purchaser.
  2. If, in breach of this clause the Purchaser sells, transfers or otherwise encumbers the Goods, the Purchaser does so as fiduciary agent of the Seller and the Purchaser will receive all proceeds whether tangible or intangible, direct or indirect, or any such dealing with the Goods in trust for the Seller and will keep such proceeds in a separate account until the liability to the Trader is discharged.
  3. If the Purchaser is in default under this Contract, the Vendor is entitled to, notwithstanding that title in the Goods has not passed to the Purchaser and insofar as is possible by law, claim and recover the balance of any monies outstanding under the Contract and any expenses and costs and interest arising as a result of the default of the Purchaser.
  1. Default

If the Purchaser is in default under this Contract the Seller may, at its option, notwithstanding that property in the Goods has not passed to the Purchaser and insofar as is possible by law, sue for and recover the balance of any monies outstanding under this Contract and any expenses and costs and interest incurred as a consequence of the purchaser's default. These rights are in addition to any other rights the Purchaser may have at law.

  1. Subject to Finance
  1. Where this Contract is stated as being subject to the Purchaser obtaining finance, the Contract is conditional upon the Purchaser obtaining finance approval:
    1. within the time;
    2. of the amount;
    3. from the credit provider (or from a similar type of credit provider); and
    4. for the type of finance,

as stated in this Contract; and

    1. upon reasonable terms and conditions in the circumstances.
  1. The Purchaser agrees to take all reasonable steps towards obtaining finance approval.
  2. If the Purchaser does not obtain finance approval within the time period stated, then either the Purchaser or the Seller may terminate this Contract by giving notice to the other party.
  3. The Seller has the authority of the Purchaser to complete any documentation on behalf of the Purchaser required by the credit provider or financier unless otherwise required by law.
  1. Transfer to credit provider

Where requested by the Purchaser the Seller must transfer title to the Goods to the Purchaser's credit provider upon payment of the Total Purchase Price to the Seller.

  1. Purchaser acknowledgement re odometer reading

The Purchaser agrees and acknowledges that:

  1. the Goods comprise a second hand vehicle that has been owned and used by third parties that are not the Seller; and
  2. The Seller is unable to confirm with absolute certainty that the odometer:
    1. reading is true and correct and correctly evidences the distance travelled by the Goods; or
    2. has not been previously replaced.
  1. To the fullest extent permitted by law, the Seller makes no representation, warranty or undertaking with respect to the accuracy of the odometer reading or whether the odometer has been replaced.
  1. 12 Months Complimentary Roadside Assistance
  1. The Goods will be provided to the Purchaser with the benefit of 12 months complimentary roadside assistance ("Roadside Standard Membership”) commencing from the date of delivery.
  2. The 12 months complimentary roadside assistance is provided by National Roadside Service Australia (a trading name of Davantage Group Pty Ltd ABN 35 161 967 166) (NRSA) and is subject to a separate agreement deemed to be entered into by the Purchaser and NRSA on the date of delivery, the terms of which are contained in the policies provided separately under Complimentary Roadside Assistance Agreement or by clicking on this link: https://www.sdmotors.com.au/images/content/tcs-roadside-plus.pdf.
  1. The Purchaser may elect at an additional cost to the Purchaser to take up Roadside Plus Membership with NRSA.
  1. Termination of Contract
  1. Where this Contract is lawfully terminated by the Seller due to a breach of this Contract by the Purchaser then:
  1. in addition to all rights and remedies which the Seller has against the Purchaser at law and under this Contract, the Purchaser must forfeit to the Seller the amount stated in this Contract to the Seller provided that amount does not exceed 5% of the Total Purchase Price ( the" forfeitable amount"). The parties agree that this amount is a reasonable pre-estimate of the liquidated damages which the Seller will incur as a result of a breach of this Contract by the Purchaser;
  2. where an amount has been paid towards the Total Purchase Price and that amount exceeds the forfeitable amount then the Seller must:
    1. refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and
    2. subject to clause 14(d) return any Trade-in Vehicle to the Purchaser;
  3. where an amount has been paid towards the Total Purchase Price and that amount does not provide the Seller with the forfeitable amount and a Trade-in Vehicle has been delivered to the Seller then that Trade-in Vehicle may be forfeited to the Seller and the Purchaser credited with the net trade-in allowance. If this amount and any other amount paid by the Purchaser exceeds the forfeitable amount then the excess amount must be refunded to the Purchaser.
  1. Where this Contract is lawfully terminated by the Purchaser due to a breach of this Contract by the Seller, or is lawfully terminated by either the Purchaser or the Seller due to clause 10(c) or for any reason other than a breach of this Contract, then the Seller must:
  1. refund to the Purchaser all money paid by or on behalf of the Purchaser; and
  2. return any Trade-in Vehicle to the Purchaser.
  1. Where this Contract provides for the Seller to return any Trade-in Vehicle to the Purchaser but the Seller, has with the prior written consent of the Purchaser, sold or agreed to sell the Trade-in Vehicle then this Contract will be complied with if the Seller pays to the Purchaser:
    1. an amount equal to the net trade-in allowance; or
    2. where the Purchaser and Seller have agreed on a value as the fair market value of the Trade-in Vehicle – that agreed value less any trade-in payout made or to be made by the Seller.
  2. Where the Seller returns any Trade-in Vehicle to the Purchaser and the Seller has undertaken repairs on the vehicle with the consent of the Purchaser then the Seller is to be entitled to an amount equal to the reasonable cost of those repairs.
  3. Where either the Purchaser or Seller wishes to terminate this Contract in accordance with this clause they must give written notice to the other party of the decision to terminate.
  4. Nothing in this clause affects the rights and duties conferred by applicable State or Commonwealth Legislation or Regulations.
  1. Non exclusion of statutory warranties and other rights

The benefits conferred by this Contract and by the Seller's warranty, if any, are in addition to all other rights and remedies in respect of the Goods which the purchaser has under the Australian Consumer Law and any other Commonwealth, State and Territory laws.

  1. Rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  1. Warranties – Limitations and exclusions

If the provisions of the Competition and Consumer Act 2010, or any other law apply to the contract and notwithstanding anything contained in this Contract, the warranties and any guarantees implied thereby are implied into this Contract and the Purchaser shall have the full benefit of those provision but only to the extent to which those warranties and/or guarantees are applicable to this Contract and may not be excluded.

All other warranties are hereby expressly negated and excluded as far as permitted by law.

  1. Manufacturer Warranties

The terms contained in any warranty given by a manufacturer in relation to the Goods still under manufacturer warranty, form part of this Contract but are subject to any limitations or procedural requirements therein contained which are permissible by law.

  1. Air bags

The Seller discloses that it is unable to verify that any air bag which is supposed to be fitted to any used Goods is in fact fitted and operational.

  1. Non-Manufacturer Approved Parts, Accessories or Options

Any parts, accessories or options shown on the front page of this Contract and endorsed ‘NG’ are not supplied or marketed by the vehicle manufacturer and as such are not covered by the manufacturer’s new vehicle warranty but are warranted by the manufacturer of the part, accessory or option fitted. Fitment of some parts, accessories or options as above, or vehicle alterations or modifications and any subsequent damage arising from such fitment alteration or modification may not be covered by the vehicle manufacturer warranty and may also affect the warranty on the motor vehicle itself to the extent the vehicle manufacturer considers that the fitment, alteration, adaptation or modification affects the specification or quality of the motor vehicle.

The Purchaser acknowledges the possible impact of non-manufacturer approved parts, accessories and/or options on the manufacturer’s warranty and that this does not exclude any other rights or warranties the Purchaser may have pursuant to any law which have not been excluded in this Contract.

  1. Variation

Any other variation to the terms of this Contract will have no effect unless the proposed variation is in writing and is signed by both parties.

  1. Purchaser Warranties

The Purchaser warrants:

  1. That he/she is over the age of 18 years;
  2. That he/she is not a bankrupt and has not committed any act of bankruptcy;
  3. If the Purchaser is a company, the Purchaser warrants that it is not and no steps have been taken to place it under external administration as defined under the Corporations Act 2001; and
  1. That all information provided by the Purchaser in connection with the entry into and performance of this Contract (including, if applicable, the creation of an account on the Website and any information or data uploaded by the Purchaser to the Website) is true, correct, not misleading and free from errors.
  1. Inconsistency

If there is any inconsistency between the provisions in the Details and the other terms and conditions of the Contract, the provisions specified in the Details will prevail.

  1. General
  1. A notice required or permitted to be given by one party to another under this Contract must be in writing and treated as being duly given if it is:
  1. Left at that other party's address (as specified herein or as otherwise advised); or
  2. Sent by pre-paid mail to that other party's address.
  1. A notice given to a party in accordance with Clause 21(a) is treated as having been duly given and received:
  1. when delivered (in the case of it being left at that party's address); and
  2. on the third business day after posting (in the case of it being sent by pre-paid mail).
  1. A certificate signed by the Seller's Secretary, Manager, Accountant, Credit Manager or Acceptance Manager or such officials of any principal for whom the Seller is acting will in all courts and at all times be prima facie evidence as to any act, matter or thing stated thereon.
  2. The Purchaser hereby authorises the Seller to complete on the front of this Contract particulars of any vehicle that is appropriated to this Contract, any extras, deletions or variations agreed upon pursuant to Clause 18 and any variations of price or trade in allowance authorised under this Contract.
  3. If any provision of this Contract is found to be ineffective or void under any law, such provision shall be severed and the remainder will continue to be enforceable and shall be construed so that this Contract will have effect to the maximum extent possible.
  4. This Contract contains the entire agreement and understanding between the parties with respect to the purchase of the Goods.
  5. Time shall be of the essence in respect to all of the Purchaser's obligations hereunder.
  6. No reasonable mistake or error or description will invalidate this Contract.
  7. No salesperson, agent, representative or employee of the Seller has any authority to vary this Contract or any part thereof without the prior written consent of a Director of the Seller and no variation will have effect unless it is in writing and signed by both parties.
  8. This Contract is deemed to have been entered into in the State or Territory where the Seller's dealership is located where the Goods are ordered from. Any legal action arising out of or in respect of this Contract and/or their interpretation thereof shall be brought only in the Courts of that State or Teritory and the Purchaser submits himself/herself irrevocably to the jurisdiction of those Courts.
  1. Collection of Personal Information – Privacy Statement
      1. For details regarding how the Seller collects, uses, shares and otherwise processes the personal information that the Purchaser provides to the Seller, please see the SDMR Privacy Policy.
      2. Collection of personal information

The Seller will not collect personal information about you unless that information is reasonably necessary for one or more of our functions or activities.

The personal information we may collect includes but is not limited to your:

  1. contact and personal details (eg: your phone number, registration and driver’s licence, gender, occupation an employment details, credit card, bank account, and home/email address);
  2. current and past interactions with us;
  3. your personal preferences; and
  4. vehicle, warranty and service details.
      1. How the Seller collects your personal information

The Seller will collect personal information only by fair and lawful means, including without limitation:

  1. through our website
  2. through our social media channels
  3. on vehicle purchase contracts
  4. service orders
  5. questionnaires
  6. over the telephone;
  7. through emails; and/or
  8. during person to person contact.

The Seller will collect information directly from you where it is reasonable and practicable to do so. If this is not possible, we will take reasonable steps to ensure that you are made aware of the information being collected as outlined in the collection statement.

      1. How the Seller holds your information
  1. From time to time, the Seller may hold your personal information in any combination of data storage facilities, cloud computing facilities or paper based files, which may be operated or held by the Seller or by third party service providers under a contractual arrangement.
  2. To the extent required by the Privacy Act, the Seller will take reasonable steps to make sure that the personal information that we collect, use and disclose is accurate, complete and up to date; store the personal information that we hold to protect it from misuse, interference and loss and from unauthorised access, modification or disclosure; and destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Act. The Seller assumes no responsibility for the privacy practices of other organisations or websites even if a user is able to access those websites through the Seller website. The Seller encourages users to review the privacy policies of any website before disclosing personal information.
      1. How the Seller uses personal information

The Seller collects and uses personal information for purposes including:

  1. purposes that are made clear at the time which the information is collected,
  2. any purpose relating to buying, selling, repairing, insuring, financing and loaning vehicles and parts, including registering the vehicle in the name provided by you, including sending order confirmation and welcome kits and administering warranty claims;
  3. responding to enquiries in relation to products that we sell and services we offer;
  4. customer assistance, care, contact and information
  5. any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;
  6. in relation to the sale or marketing of automotive events or products to you and the financing, servicing or repair of those products.
      1. Disclosure for Secondary Purposes

If the Seller uses or discloses your personal information for a purpose (secondary purpose) other than the main reason for which it was originally collected (primary purpose) to the extent required by the Privacy Act we will ensure that:

  1. the secondary purpose is related to the primary purpose of collection, and you would reasonably expect that the Seller would use or disclose your personal information in that way; or
  2. you have consented to the use or disclosure of your personal information for the secondary purpose; or
  3. the use or disclosure is required by an enforcement authority or authorised by or under law.
      1. Disclosure

During the course of our day to day business, the Seller may disclose your personal information to third parties outside our organisation, including but not limited to:

  1. those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;
  2. SDMR (or their related entities). A copy of SDMR's privacy policy is available at https://www.sdmotors.com.au/privacy-policy
  3. financers and insurers;
  4. any government agencies, including any licensing authorities and motor registries;
  5. contracted service providers including but not limited to mailing houses advertising and marketing agencies, mailing houses, printers, organisations that assist us to conduct promotions or market research, payroll service providers, recruitment agencies, debt collectors, data analysts, IT service providers, roadside assistance providers, database storage and service providers, cloud service providers and professional advisors;
  6. to related companies;
  7. as required by an enforcement authority, regulator, law, court or tribunal.
  1. Electronic Signature
  1. If permitted by legislation, the parties consent to this Contract and any document contemplated by this Contract being signed by or on behalf of a party by an Electronic Signature.
  2. Where a document under clause (a) is Electronically Signed by or on behalf of a party, that party warrants and agrees that the Electronic Signature has been used to identify the person signing and to indicate that the party intends to be bound by the Electronic Signature.
  3. If required by either party, each party must upon request promptly deliver a physical counterpart of any document specified under clause (a) with the handwritten signature or signatures of the party, but a failure to comply with the request does not affect the validity of that document.