Terms and conditions for sale of used car

• If the Sale Agreement is governed by the laws of Victoria the following prescribed cooling off rights apply to the Purchaser under the Motor Car Traders Act 1986 (Vic):
  • Under section 43 of the Motor Car Traders Act 1986, if none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.
  • To end the contract within this time, you must give the motor car trader or the motor car trader's agent written notice that you are terminating the contract.
  • If you end the contract in this way, you are entitled to a refund of all the money you paid EXCEPT $100 or 1 per cent of the purchase price (whichever is greater).
  • EXCEPTIONS—the 3-day cooling-off period does not apply if—
    • the vehicle being sold is a commercial vehicle; or
    • you are a motor car trader; or
    • you are a body corporate; or
    • you accept delivery of the vehicle within the cooling-off period.
  • IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF.
• If the Sale Agreement is governed by the laws of South Australia the following prescribed cooling off rights apply to the Purchaser under the Second-hand Vehicle Dealers Act 1995 (SA):
  • This contract is subject to a 2 day cooling-off period under section 18B of the Second-hand Vehicle Dealers Act 1995 expiring at 5pm 2 Business Days after the Contract has been signed by both parties. The purchaser under a contract that is subject to a cooling-off period under the Second-hand Vehicle Dealers Act 1995, may, within 2 clear business days after signing the contract (the cooling-off period), by giving the dealer written notice that he or she does not wish to proceed with the purchase, rescind the contract. The written notice must be given to the dealer before the end of the cooling-off period. If this occurs, the contract is rescinded. (The 2 day period may include a Saturday but will not include a Sunday or public holiday.) If the contract is rescinded by the purchaser, the dealer is entitled to keep 2% of the contract price or $100, whichever is the lesser. The purchaser is entitled to the return of the balance of any deposit paid to the dealer by the end of the next clear business day.
  • A purchaser who wishes to be bound by the contract may waive his or her right to the cooling-off period by signing the Waiver of Cooling-off Rights document provided by the dealer.
• If the Sale Agreement 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):
  • The cooling-off period starts from the date and time the Sale Agreement is executed by Cars24 and the Purchaser.
  • The cooling-off period ends at 5pm on the next Business Day after the Sale Agreement is executed by Cars24 and the Purchaser.
  • Property in the Car does not pass to the Purchaser until the end of the cooling-off period, unless the Purchaser takes physical possession of the Car for a purpose other than-
    • a vehicle inspection; or
    • a test drive.
  • The Purchaser or the Purchaser's agent may possess the Car during the cooling-off period, but only to have the Car independently inspected or to test drive the Car.
  • The Purchaser may avoid the Sale Agreement at any time during the cooling-off period by giving written notice to that effect to Cars24 in accordance with the Motor Dealers and Chattel Auctioneers Act 2014 (Queensland).
  • The amount of any non-refundable deposit paid by the Purchaser if the Sale Agreement is avoided during the cooling-off period.
  • If this Sale Agreement is avoided during the cooling-off period, Cars24 must return to the Purchaser-
    • any Trade-in Car offered by the Purchaser that Cars24 has taken possession of; and
    • any deposit paid by the Purchaser, less the amount of non-refundable deposit.
• If the Sale Agreement 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

  • 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 $250.00 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—

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

• If the Sale Agreement is governed by the laws of the Australian Capital Territory the following prescribed cooling off rights apply to the Purchaser under the Sale of Motor Vehicles Act 1977 (ACT):
  • A purchaser (other than a dealer or a corporation) under an agreement for the sale of a motor vehicle may, at any time before the end of 3 clear business days after the purchaser signs the agreement, terminate the agreement by giving to or serving on the dealer or an agent of the dealer written notice to the effect that the purchaser terminates the agreement.

• The Purchaser's purchase of the Car is subject to certain laws including, without limitation, the ACL and the various Motor Car Traders legislation and regulations in various States (Motor Car Traders Legislation).
• The ACL provides you as the Purchaser with certain rights that cannot be excluded, including that the Car must be of acceptable quality, reasonably fit for any disclosed purpose or the purpose that Cars24 represents that they will be fit for and that the Car will correspond with any relevant description.
• The Motor Car Traders Legislation provides the Purchaser with certain rights including the cooling-off rights as set out in clause 1, which apply to cars bought from licensed motor car traders.
• Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy granted or implied by law which cannot by law be excluded, restricted or modified, including the ACL and any of the Motor Car Traders Legislation.

• The signing of this Sale Agreement by the Purchaser means an offer has been made to purchase the Car on the terms and conditions stated in this Sale Agreement. No offer is made unless the Purchaser is provided with a copy of this Sale Agreement at the time it is signed by the Purchaser.
• The offer of the Purchaser is accepted by Cars24 when:
  • this Sale Agreement is signed by Cars24 or a person authorised by Cars24; and
  • notice of the acceptance is given to the Purchaser.
• This Sale Agreement will then be binding on both parties.
• The offer of the Purchaser may be withdrawn by the Purchaser any time before it is accepted by Cars24. It will automatically lapse at the close of business on the next normal business day for motor vehicle dealers.

• The Purchaser acknowledges that, in relation to a Car purchased from Cars24, the purchase price for the Car and other applicable duties and fees are payable to Cars24 in accordance with applicable State and Commonwealth legislation and regulations.
• The purchase details are specified on the Particulars Page and includes the make, model, price and delivery details for the Car.
• The applicable statutory warranty for the Car is provided by Cars24 and is set out on the Particulars Page under "Statutory Warranty".
• If a cooling off period applies to the purchase of the Car, that cooling off period is further described in clause 1.
• The Purchaser agrees to share its contact details with the Cars24 team for the other purposes described in the Cars24 Privacy Policy located at https://www.cars24.com.au/privacy-policy .
• To the extent that the transfer and registration of a purchased Car cannot be completed online, the Purchaser will be required to complete and sign a hard copy of this Sale Agreement and the applicable transfer and registration forms. The Purchaser will be provided with the relevant documentation by Cars24 and the Purchaser agrees to complete details accurately and sign and return such documentation to Cars24 as soon as practicable either by email at hello.au@cars24.com or post to the address of Cars24 as detailed on the Particulars Page.
• Prior to Completion, Cars24 confirms that the Car:
  • will have undergone a 300 point inspection, road-test and detailing inside and out; and
  • have a current Roadworthy Certificate issued.
• The Purchaser acknowledges that the Car may previously have had other uses including as a lease or rental car or have had multiple users or owners. Cars24 will use reasonable endeavours to provide the Purchaser with any additional information in the possession of Cars24, subject to any privacy or other limitations, about the Car on the Purchaser’s request.
• The Purchaser acknowledges and agrees any references to "Leather" on the Cars24 online platform may not be genuine or 100% leather but rather partial leather or an artificial substitute.
• Vehicle detail specifications have been sourced from an external third party and are based on manufacturer standard specifications. Actual specifications for vehicles may differ. The Purchaser acknowledges and agrees that it is the Purchaser's responsibility to confirm actual vehicle specifications with CARS24.
• To the extent permitted by law, Cars24 does not accept any liability in relation to photos of Cars. Although Cars24 has made every effort to display the Car accurately on its online platform, the Car's actual appearance may vary from the images and representations on the Cars24 online platform. The Purchaser acknowledges that it has made its own independent inquiries and contacted Cars24 for further information or images (if required) and has not relied on the Cars24 online platform as the sole basis for any decision to purchase the Car. All information provided by Cars24 over phone or messaging service is general in nature and does not constitute any form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
• If the Purchaser believes that the Car differs from the way it is depicted on the Cars24 online platform, in addition to their statutory rights under the ACL, the Purchaser has the right to seek a refund in accordance with the Sale Agreement.
• Cars24 does not make any representation, warranty or undertaking that any Car is, or will not be, subject to a manufacturer's recall notice at the point of sale or at any time in the future.
• The Purchaser acknowledges that Cars24 is a licensed motor dealer in the relevant State or Territory.
• The Car will be provided to the Purchaser with clear title.
• The parties acknowledge and agree that the Sale Agreement is governed by and is to be construed under the laws in force in the relevant State / Territory where the Car is purchased.

• The Purchaser can only pay for the Car by the credit cards and/or other payment methods agreed by Cars24.
• Cars24 uses Stripe, Inc (“Stripe”) and POLi Payments ("POLi") to process payments for purchases of cars. The processing of the Purchaser’s payment via Stripe or POLi (as applicable) is subject to the relevant providers payment terms and conditions at https://stripe.com/payment-terms/legal and https://www.polipayments.com/Terms#def4 (respectively). The Purchaser acknowledges that all credit card fees and other applicable payment processing fees have been disclosed to the Purchaser before the Purchaser acknowledges acceptance of the terms of the Sale Agreement and that these amounts are non-refundable under the Sale Agreement.
• Subject to clause 16(b), the Total Purchase Price is the "Drive-Away Price” and includes all applicable duties, registration fees, transfer fees (as applicable) and delivery fees. Duties, registration fees and transfer fees (as applicable) are payable directly to government authorities, which Cars24 will arrange on the Purchaser’s behalf.
• Duties, registration fees and transfer fees (if applicable) are subject to change by the State in which the registration and transfer of the Car is to be registered and Cars24 will charge the then-current duties, registration and transfer fees (if applicable) that are applicable at the time of Completion.
• Subject to the express written consent of Cars24, which may be withheld by Cars24 in its sole discretion, the Purchaser may pay the Total Purchase Price to Cars24 in several installments. If Cars24 consents to the Purchaser paying the Total Purchase Price in instalments, all instalments must be paid by the Purchaser within seven days of the first instalment payment by the Purchaser. If the Purchaser fails to pay the Total Purchase Price within seven days of the first instalment payment, this will be a breach of the Sale Agreement and Cars24 may immediately terminate the Sale Agreement by notice in writing.

• Upon delivery of the Car, the Purchaser will pay to Cars24 all of the Total Purchase Price, less any deposit paid and any value given to the Trade-In Car.
• Payment by cheque for all or part of the Total Purchase Price will not be considered to have been received by Cars24 until the cheque has been honoured.

• Cars24 will provide to the Purchaser:
  • the Car;
  • any necessary documentation (if any) required in order to transfer the ownership and registration of the Car to the Purchaser;
  • all of the Cars keys (master/s and copies);
  • the Cars service history, owners' manual and service books (if available);
  • any accessories; and
  • any other documents or items reasonably required by the Purchaser in relation to the transfer of the Car, and
• unless Cars24 has agreed in writing to a specific finance arrangement, the Purchaser must have paid, and Cars24 must have received in cleared funds, the Total Purchase Price,

(Completion)

• The Purchaser acknowledges that:
  • the Car is a second hand vehicle that has been owned by third parties and may have had multiple users that are not Cars24; and
  • Cars24 is unable to confirm with absolute certainty that the odometer:
    • reading is true and correct and correctly evidences the distance travelled by the Car; or
    • has not been previously replaced.
• To the fullest extent permitted by law, Cars24 makes no representation, warranty or undertaking with respect to the accuracy of the odometer reading or whether the odometer has been replaced.
• In addition to the other provisions of this clause 9, the Purchaser acknowledges and agrees that upon delivery of the Car, the odometer reading in the Car may be different to the odometer reading:
  • shown in any photos of the Car on the Cars24 online platform
  • stated in any form or document prepared in accordance with the requirements for sale of the Car in the state or territory of sale; or
  • stated on the Particulars Page,

due to Cars24 needing to drive the Car prior to delivery to prepare the Car for sale, including to have the Car registered and to deliver the Car.

• It is expressly agreed between the Purchaser and Cars24 that the title to the Car in no circumstances passes to the Purchaser until Cars24 has received full and cleared payment for the Car as provided in the Sale Agreement.
• Until Cars24 has received full and cleared payment for the Car, Cars24 is entitled to the immediate possession of the Car without notice to the Purchaser and the Purchaser hereby authorises Cars24 to enter into any premises owned or controlled by the Purchaser for the purpose of repossessing the Car. For this purpose the Purchaser irrevocably licenses Cars24 to enter such premises and also indemnifies Cars24 from and against all Loss by any party arising from such action except to the extent that the Loss is caused by the negligent or wilfully reckless acts or omissions of Cars24.
• If the Purchaser is in default under the Sale Agreement, Cars24 may, notwithstanding that title in the Car has not passed to the Purchaser and insofar as is possible by law, claim and recover the balance of any monies outstanding under the Sale Agreement and any expenses and costs and interest incurred as a consequence of the Purchaser’s default.

• If the Purchaser has a change of mind in respect of the Car that it purchases from Cars24 and Cars24 determines that it is eligible for the “7-Day Money Back Guarantee”, Cars24 may offer to purchase such Car back from the Purchaser (the “7-Day Money Back Guarantee”). Eligibility for the“7-Day Money Back Guarantee”, is determined as follows:
  • the Purchaser must have paid the Total Purchase Price;
  • the Purchaser must give Cars24 written notice within seven days of Delivery that the Purchaser wishes to exercise the 7-Day Money Back Guarantee benefit (Notification Date);
  • the relevant Car must not have travelled further than 500 kilometres;
  • there must be no changes to the condition of the Car, compared to the condition evidenced by the inspection report at the time of Delivery. The re-inspection will happen at the place agreed by the Cars24 team and the report will be shown for transparency;
  • the Purchaser must return the Car's log-book and all other original documentation in relation to the Car;
  • the Purchaser must not have:
    • transferred or purported to transfer title to the Car; or
    • granted, suffered, allowed or issued any charge, security or other encumbrance over the Car; and
  • the Purchaser must not be in breach of any provision of the Sale Agreement.
• Subject to clause 13(e), if a Purchaser does not satisfy any provision of clause 13(a), Cars24 may determine in its absolute discretion (but acting reasonably) whether the Purchaser is eligible for the 7-Day Money Back Guarantee.
• Subject to clause 13(e), if Cars24 determines that a Purchaser is eligible for the 7-Day Money Back Guarantee, it will notify the Purchaser within 2 business days of the Notification Date (Acceptance Date).
• The Purchaser will be liable for any speeding/driving offences committed whilst the Purchaser has possession of the Car.
• If the Purchaser has paid for the Car by using funds provided by a third party (Third-party Finance), the Purchaser will also need to cancel the arrangement for the Third-party Finance. The cancellation of the Third-party Finance is the responsibility of the Purchaser. The Purchaser is responsible for all Loss, costs and charges associated with cancelling the Third-party Finance and providing clear title to the Car to Cars24 from of all charges, securities or other encumbrances over the Car. Where possible, Cars24 will provide all documentation to the Purchaser or third party financier (as required) to enable the Purchaser to cancel the Third-party Finance
• Upon cancellation of the Third-party Finance by the Purchaser, the Purchaser must provide written evidence of this to Cars24, which must be acceptable to Cars24 in its sole discretion.
• Subject to the conditions in clause 13(a) and the Purchaser satisfying requirements of clauses 13(e)and 13(f) if relevant, and provided that the Purchaser has allowed Cars24 to collect the Car and completes and delivers to Cars24 all transfer and registration documentation necessary to transfer the Car back to Cars24, the Purchaser (or its third party financier where relevant) will be refunded an amount in accordance with this clause 13 (excluding any fees, costs (including shipping costs) or charges excluded under this clause 13 and/or that are incurred by Cars24 as part of the transaction due to an act or omission of the Purchaser which, for the avoidance of doubt, will not be refunded). Payment will be processed within seven days from the Acceptance Date, subject to the conditions of this clause 13 being satisfied.
• Subject to the conditions in clause 13(a) being satisfied and the Purchaser being eligible for the 7-Day Money Back Guarantee, where the purchase involves a Trade-in Car (and the Trade-In Car has been accepted by Cars24 in accordance with clauses 14 or 15 (as applicable)), Cars24 may determine in its absolute discretion to:
  • terminate the arrangement in respect of the Trade-In Car and return the Trade-in Car to the Purchaser; or
  • keep the Trade-In Car and pay to the Purchaser the Net Trade-in Allowance.
• Payment under clause 13(h)(2) will be processed within seven days from the Acceptance Date, subject to the conditions of this clause 13.
• The Purchaser acknowledges and agrees that Cars24 will not insure the Car during the 7-Day Money Back Guarantee period and that it is the responsibility of the Purchaser to do so during this period.
• The Purchaser indemnifies Cars24 for all Loss that Cars24 directly or indirectly sustains or incurs as a result of:
  • a breach of this clause 13 by the Purchaser; and
  • any act or omission of the Purchaser whilst the Car is in its possession during the 7-Day Money Back Guarantee period.
• Notwithstanding clauses 13(a)(4)and 13(b),if Cars24 determines to honour the 7-Day Money Back Guarantee and the Car being returned requires damage repair due to an accident or otherwise, Cars24 may accept the return of the Car however the Purchaser acknowledges and agrees that the amount required to rectify the repair will be offset against the Total Purchase Price or Net Trade In Allowance (as applicable) to be paid by Cars24 to the Purchaser in favour of Cars24.
• If the Purchaser has returned a car under the 7-Day Money Back Guarantee under a separate sale agreement with Cars24 more than twice within a 12 month period, the Purchaser is not eligible for free pickup of the Car. The Purchaser will incur a charge of $500 per car for any further returns.
• If the Purchaser returns a Car under the 7-Day Money Back Guarantee under a separate sale agreement with Cars24 more than twice in any 12 month period, Cars24 reserves the right not to accept any future order from the Purchaser.
• For the avoidance of doubt, nothing in the 7-Day Money Back Guarantee affects, modifies or excludes the rights and remedies available pursuant to the ACL. The 7-Day Money Back Guarantee is in addition to the other rights and remedies and will apply where the Purchaser is not otherwise protected under the ACL.

• Where the purchase involves a Trade-in Car then the amount allowed for the trade-in (Net Trade-in Allowance) must be deducted from the Total Purchase Price. The Net Trade-in Allowance will be the amount allowed on the Trade-in Car less any amount to be paid by Cars24 to discharge the interest of any other person in the Trade-in Car.
• The Trade-in Car must be delivered to Cars24 no later than the date of Delivery otherwise Cars24 will not deliver the Car to the Purchaser. The Purchaser’s interest in the Trade-in Car must pass to Cars24:
  • on Completion; or
  • when the Purchaser has delivered the Trade-in Car to Cars24 and Cars24 has paid the Net Trade-in Allowance to the Purchaser or acknowledged in writing that this amount has been credited towards the Total Purchase Price, whichever first occurs.
• The option to involve a Trade-In Car in the purchase of a Car is not available where the Purchaser selects delivery of the relevant Car outside a Free Delivery Area.
• Cars24 must not, without the prior written consent of the Purchaser, sell or agree to sell the Trade-in Car before Delivery.
• Subject to clause 13(h),where the amount allowed on the Trade-in Car has been reduced by an amount to be paid by Cars24 to discharge the interest of any other person in the Car, Cars24 will pay this amount to the other person within 28 days of delivery of the Trade-in Car to Cars24.
• The Purchaser warrants that save for the finance or Encumbrances set out on the Particulars Page, the Trade-in Car including all extras and accessories now on or attached thereto are his or her sole and absolute property and are free from all or any other Encumbrances whatsoever and the amount set out as payment on the Particulars Page includes all monies owing or payable to any person, firm or corporation in respect of the Trade-in Car and all extras and accessories.

• If the Purchaser requests delivery of a Car to a Free Delivery Area, Cars24 will make every reasonable effort to deliver the Car as specified in the Sale Agreement to the address and on or before the time given in the Sale Agreement.
• If the Purchaser requests delivery of a Car outside a Free Delivery Area, Cars24 will make every reasonable effort to deliver the Car as specified in the Sale Agreement to the address and on or before the time given in the Sale Agreement subject to the Purchaser paying the cost of shipping. Any shipping costs for delivery will be in addition to the Total Purchase Price and payable prior to Completion.
• Cars24 can offer home delivery to any location, but reserves the right not to deliver to areas of difficult access or other areas at its reasonable discretion and charge shipping costs outside a Free Delivery Area.
• If the Purchaser lives outside a Free Delivery Area, the Purchaser may request delivery to select Free Delivery Area locations at no cost.
• If expressly agreed to by Cars24 in writing, delivery of the Car to the Purchaser may take place at Cars24's premises.
• The Purchaser must take delivery of the Car within seven days of being notified by Cars24 that the Car is ready for delivery. If the Purchaser fails to take delivery within this time, Cars24 may terminate the Agreement by notice in writing.
• Where delivery is delayed by more than 14 days, the Purchaser may terminate the Sale Agreement by notifying Cars24 in writing, unless the delay is caused by the Purchaser.
• Only the Purchaser, as the person specified in this Sale Agreement, is eligible to take receipt of the Purchaser’s Car on delivery. Upon delivery of the Car, the Purchaser must provide the Purchaser’s photographic Australian driving licence (or similar form of identification) to the Cars24 delivery provider to verify the Purchaser’s identity against the name specified in this Sale Agreement. Cars24 reserves the right not to deliver the Car if this identification is not provided when requested.
• If the Purchaser will not be present to accept Delivery, the Purchaser must contact Cars24 Customer Service by telephone on 1800 CARS24 at least 24 hours prior to the scheduled delivery time to rearrange delivery at no additional cost.
• Upon delivery of the Car, the Purchaser will be asked to confirm to the Cars24 delivery provider receipt of the Car and that it conforms to the details set out in the Sale Agreement. The Purchaser will be asked to sign a confirmation that the Purchaser has received and accepted the Car (Delivery). Risk in the Car will pass to the Purchaser on Delivery.
• If a 7 day delivery period has been stipulated in the Sale Agreement:
  • the period will only commence once:
    • the Total Purchase Price is received by Cars24 or the Purchaser obtains finance approval in accordance with clause 22 (for Purchasers who reside in a State or Territory other than Western Australia) or clause 24 (for Purchasers who reside in Western Australia);
    • the Sale Agreement and documentation required by Cars24 have been finalised and accepted by Cars24; and
    • Cars24 has confirmed that all of its requirements for Completion and delivery have been satisfied;
  • the 7 day delivery period excludes weekends and public holidays; and
  • is subject to all of the other provisions of this Agreement at all times.

• Cars24 will deliver the Car to the Purchaser on or before the delivery date stated in this Sale Agreement.
• In the case of a used car, if a delivery date is not stated in this Sale Agreement, Cars24 will deliver the Car within one (1) month of this Sale Agreement becoming binding on the parties.
• Delivery of the Car to the Purchaser will take place at Cars24's premises, unless other arrangements are agreed to between the Purchaser and Cars24.
• The Purchaser will deliver any Trade-In Car to Cars24, and take delivery of the Car, within seven (7) days of being notified by Cars24 that the Car is ready for collection.

• Cars24 remains the owner of the Car until the Total Purchase Price has been received in full by Cars24.
• Risk in the Car and the responsibility to insure the Car will pass from Cars24 to the Purchaser when the Car is delivered by Cars24 to the Purchaser, unless the Purchaser and Cars24 agree to some other arrangement and include it as a Special Condition of this Sale Agreement. This applies whether delivery occurs at the Cars24's premises or any other location.

• Nothing in this agreement is intended to have the effect of excluding:
  • any Consumer Guarantees; or
  • any other applicable law that cannot be excluded, restricted or modified by agreement of the parties,
  (collectively Non-Excludable Rights).
• Subject to clause 1920(a)and to the maximum extent permitted by law, Cars24 excludes any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage.
• Cars24 excludes any liability for Consequential Loss however arising. This limitation does not apply to limit Cars24's liability in respect of the Non-Excludable Rights.
• Subject to clause 19(a)and to the maximum extent permitted by law, the liability of Cars24 in respect of a Defective Car, breach of or failure to comply with any Non-Excludable Right (which cannot be excluded but which can be limited) or for any other Loss or Claim however arising, is limited to the following:
  • the replacement of the Car or the supply of an equivalent car;
  • the repair of the Car;
  • the payment of the cost of replacing the Car or of acquiring an equivalent car; or
  • the payment of the cost of having the Car repaired.

• Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under the Sale Agreement (other than an obligation to pay) that is caused by any event or circumstance which is beyond their reasonable control, including but not limited to fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, inclement weather, availability of the internet or software, acts and omissions of third parties, road traffic problems, epidemic, pandemic, serious viral outbreak or government shutdowns or restrictions (an "Event Outside Control")
• If an Event Outside Control takes place that prevents, hinders or delays, the performance of the obligations of Cars24 under the Sale Agreement including but not limited to delivery, its obligations under the Sale Agreement will be suspended and the time for performance of obligations will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of the Purchaser’s Car, Cars24 will arrange a new delivery date with the Purchaser after the Event Outside Control is over.
• On the occurrence of an Event Outside Control, the affected party must promptly:
  • notify the other party and describe in reasonable detail the nature of the Event Outside Control and its likely effect on the ability of the affected party to perform its obligations under the Sale Agreement (Notification); and
  • use all reasonable endeavours to avoid or remove the cause of the Event Outside Control and perform its obligations under the Sale Agreement as soon as possible.
• On receipt of the Notification, the other party must take all reasonable steps to mitigate any Losses to it arising or that may arise as a consequence of the Event Outside Control.

• Where the Sale Agreement is subject to the Purchaser obtaining finance, the Sale Agreement is conditional upon the Purchaser obtaining finance approval:
  • before the Finance Approval Deadline stated in the Sale Agreement;
  • of the amount stated in the Sale Agreement;
  • from the credit provider named in the Sale Agreement (or from a similar type of credit provider);
  • for the type of finance stated in the Sale Agreement;
  • upon reasonable terms and conditions in the circumstances.
• The Purchaser agrees to take all reasonable steps towards obtaining finance approval and to notify Cars24 on or before the Finance Approval Deadline of the outcome of the Purchaser’s finance application
• If the Purchaser does not obtain finance approval then either party may immediately terminate the Sale Agreement by giving the other party notice in writing.
• Where the Purchaser decides to apply for finance from Driva Pty Ltd, the Purchaser must complete all finance application documentation and submit them to Driva Pty Ltd within two days of the date of the Sale Agreement. If the Purchaser fails to apply for finance from Driva Pty Ltd within two days of the date of the Sale Agreement, this will be a breach of the Sale Agreement and Cars24 may immediately terminate the Sale Agreement by notice in writing.

• Where this Sale Agreement is subject to the Purchaser obtaining finance, the Sale Agreement is conditional upon the Purchaser obtaining approval for the granting of a loan:
  • before the Finance Approval Deadline stated in the Sale Agreement;
  • for the amount stated in the Sale Agreement;
  • from the lender named in Sale Agreement (or a lender acceptable to the Purchaser); and
  • upon reasonable terms and conditions in the circumstances.
• The Purchaser agrees to take all reasonable steps toward obtaining loan approval.
• If the Purchaser has taken all reasonable steps towards obtaining loan approval, but does not obtain approval by the Finance Approval Deadline, then either the Purchaser or Cars24 may terminate this Sale Agreement by giving Notice to the other party. Cars24 must immediately refund any deposit paid and return any trade-in car to the Purchaser.
• Where the Purchaser decides to apply for finance from Driva Pty Ltd, the Purchaser must complete all finance application documentation and submit them to Driva Pty Ltd within two days of the date of the Sale Agreement. If the Purchaser fails to apply for finance from Driva Pty Ltd within two days of the date of the Sale Agreement, this will be a breach of the Sale Agreement and Cars24 may immediately terminate the Sale Agreement by notice in writing. Cars24 must immediately refund any deposit paid and return any trade-in car to the Purchaser.

• Where the Sale Agreement is lawfully terminated by Cars24 due to a breach of the Sale Agreement by the Purchaser then:
  • the Purchaser must forfeit the amount stated in the Sale Agreement to Cars24 provided that amount does not exceed 5% of the Total Purchase Price (“the forfeited amount”);
  • where an amount has been paid towards the Total Purchase Price and that amount exceeds the forfeitable amount then Cars24 must:
    • refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and
    • return any Trade-in Car to the Purchaser, and
  • where an amount has been paid towards the Total Purchase Price and that amount does not provide Cars24 with the forfeitable amount and a Trade-in Car has been delivered to Cars24 then the Trade-in Car may be forfeited to Cars24 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 must be refunded to the Purchaser.
• Where the Sale Agreement is lawfully terminated by the Purchaser due to a breach of the Sale Agreement by Cars24 then Cars24 must:
  • refund to the Purchaser all money paid by or on behalf of the Purchaser; and
  • return any Trade-in Car to the Purchaser.
• Where the Sale Agreement is lawfully terminated by either the Purchaser or Cars24 due to this clause 24 or for any reason other than a breach of the Sale Agreement then Cars24 must:
  • refund to the Purchaser all money paid by or on behalf of the Purchaser; and
  • return any Trade-in Car to the Purchaser.
• Where the Sale Agreement provides for Cars24 to return any Trade-in Car to the Purchaser but Cars24 has, with the prior written consent of the Purchaser, sold or agreed to sell the Trade-in Car then the Sale Agreement will be complied with if Cars24 pays to the Purchaser:
  • an amount equal to the Net Trade-in Allowance; or
  • where the Purchaser or Cars24 have agreed on a value as the fair market value of the Trade-in Car - that agreed value less any trade-in payout made or to be made by Cars24.
  • Where Cars24 returns any Trade-in Car to the Purchaser and Cars24 has carried out repairs on the Car with the consent of the Purchaser then Cars24 must be entitled to an amount equal to the reasonable cost of those repairs incurred by Cars24 (which amount will be offset against the amount being refunded to the Purchaser).
• Where either the Purchaser or Cars24 wishes to terminate the Sale Agreement in accordance with this clause 24 they must give written notice to the other party of the decision to terminate.
• Nothing in clauses 24 or 25 affects the rights and duties conferred by applicable State or Commonwealth Legislation or Regulations.

• The Purchaser may terminate this Sale Agreement if Cars24 has breached any of the obligations imposed on Cars24 by this Sale Agreement.
• If this Sale Agreement is validly terminated by the Purchaser, Cars24 must immediately refund any deposit paid and return any Trade-In Car to the Purchaser. If, in the event the Trade-In Car has been sold, the cash equivalent of the Trade-In Car value determined at the commencement of the Sale Agreement shall be refunded to the Purchaser.
• Cars24 may terminate this Sale Agreement if the Purchaser has breached any of the obligations imposed on the Purchaser by this Sale Agreement.
• If this Sale Agreement is validly terminated by Cars24, Cars24 may seek an amount up to, but not exceeding, 15% of the Total Purchase Price of the Car as pre-estimated liquidated damages.
• Any deposit paid by the Purchaser may be used by Cars24 to meet the pre-estimated liquidated damages payable by the Purchaser. Any surplus will be refunded to the Purchaser.

• Subject to any statutory exclusions in respect of the Statutory Warranty, Cars24 warrants that if a defect appears in the Car before the end of the Warranty Period, Cars24 at its expense—
  • will arrange for the Car to be taken to a place where it can be repaired or made good; and
  • will repair or make good, or cause to be repaired or made good by another motor car trader or by a qualified repairer, the defect, so as to place the car in a reasonable condition having regard to its age.
• To make a claim upon this warranty the Purchaser must contact Cars24 at hello.au@cars24.com.
• Is this Car automatically covered by a statutory warranty under section 54 of the Motor Car Traders Act 1986 (Vic)
  • Yes
  • No
• The warranty period for each State is as follows:
  • For Victoria, whichever of the following periods is shorter—
    • the period from when the Car is delivered to the Purchaser until it has been driven for a further 5,000 kilometres; or
    • the period of 3 months from the day after the Car is delivered to the Purchaser.
  • For Queensland:
    • in respect of a Class A Warranted Vehicle is whichever of the following periods is shorter—
      • the period from when the Car is Delivered until it has been driven for a further 5,000 kilometres; or
      • the period of 3 months from the day after the Car is delivered to the Purchaser,
    • in respect of a Class B Warranted Vehicle is whichever of the following periods is shorter—
      • the period from when the Car is Delivered until it has been driven for a further 1,000 kilometres; or
      • the period of 1 month from the day after the Car is delivered to the Purchaser.
    • For New South Wales, whichever of the following periods is shorter:
      • the period from when the Car is delivered to the Purchaser until it has been driven for a further 5,000 kilometres; or
      • the period of 3 months from the day after the Car is delivered to the Purchaser,
    • For South Australia, whichever of the following periods is shorter:
      • in respect of motor vehicles where the purchase price is between $3,000.00 and $6,000.00 the earlier of:
        • the period from when the Car is delivered to the Purchaser until it has been driven for a further 3,000 kilometres; or
        • the period of 2 months from the day after the Car is delivered to the Purchaser,
      • in respect of motor vehicles where the purchase price is over $6,000.00, the earlier of:
        • the period from when the Car is delivered to the Purchaser until it has been driven for a further 5,000 kilometres; or
        • the period of 3 months from the day after the Car is delivered to the Purchaser,
    • For Tasmania, the statutory warranty ceases when whichever of the following occurs first:
      • the expiration of the period of 3 months commencing on the delivery of the warrantied vehicle to the Purchaser;
      • the warrantied vehicle travels 3 000 kilometres after being delivered to the Purchaser;
      • the warrantied vehicle is used after delivery to the Purchaser for rally driving or motor racing;
      • the warrantied vehicle is used after delivery to the Purchaser as a taxi or hire vehicle;
      • the warrantied vehicle is repossessed by a person who provided finance to the Purchaser under a finance agreement;
      • the Purchaser sells the warrantied vehicle to another person; or
      • after delivery of the warrantied vehicle to the Purchaser, the odometer reading of the warrantied vehicle is altered,
    • For Western Australia, if the purchase price is more than $4,000:
      • in respect of a Category 1 Motor Vehicle, whichever of the following occurs first:
        • the motor vehicle has been driven for 5,000 kilometres after the sale; or
        • the expiry of the period of 3 months following the date of sale.
      • in respect of a Category 2 Motor Vehicle, whichever of the following occurs first:
        • the motor vehicle has been driven for 1,500 kilometres after the sale; or
        • the expiry of the period of one month following the day of the sale.
    • For the Australian Capital Territory, provided the motor vehicle has travelled less than 160,000 kilometres and is less than 10 years old, the earlier of:
      • 5,000 kilometres; or
      • 3 months,
      after purchase,
      
      (Warranty Period).
• The benefits to the Purchaser given by this Statutory Warranty are in addition to other rights and remedies of the consumer under the ACL.

• Subject to clause 29(b), Cars24 provides to the Purchaser (at no extra cost) a 3 month warranty on all cars (with uncapped kilometres) in accordance with this clause 29 (Warranty).
• Subject to any exclusions in respect of the Warranty, Cars24 warrants that if a defect or damage appears in respect of certain components and parts of the car (that were originally covered by the Manufacturer's Warranty) caused by Mechanical Breakdown, Cars24 will pay the repair costs (Warranty) .
• The Purchaser acknowledges and agrees:
  • the Warranty provider is Global Cars Aus Pty Ltd;
  • the term of the Warranty is 3 months commencing from the date of Delivery;
  • that it has read and understood the summary and terms and conditions for the Warranty. The terms and conditions for the Warranty summarises, amongst other things, the types of cover and benefits provided to the Purchaser, exclusions and limitations to that cover and obligations of the Purchaser, under the Warranty.
• For the avoidance of doubt:
  • nothing in the Warranty affects, modifies or excludes the rights and remedies of the customer available under the Australian Consumer Law or any Statutory Warranty; and
  • the Warranty runs concurrently with the Statutory Warranty.
• For the purposes of this clause 29:
  • Manufacturer's Warranty means the original car warranty provided by the vehicle manufacturer covering the mechanical and electrical components of the car; and
  • Mechanical Breakdown means the failure of the components and parts causing sudden stoppage of their function necessitating repair or replacement and not arising from defects in material and/or workmanship of the components and parts.

• For details regarding how Cars24 collects, uses, shares and otherwise processes the personal information that the Purchaser provides to Cars24, please see the Cars24 Privacy Policy.
• Purposes of collection and use of personal information:
  • The Sale Agreement and other transfer documentation that the Purchaser signs when it purchases a Car contain personal information about you, including the Purchaser’s name, telephone number, address, drivers licence number, email address, and details of any Trade-in Car the Purchaser owns. Cars24 holds the Purchaser’s personal information and is stored on file. Cars24 collects and holds this personal information to facilitate the Purchaser’s purchase of a Car and to meet the requirements of the legislation associated with the supply of a car, and related services and goods. Associated services and goods include the provision of warranty, insurance and registration. Cars24 will only collect personal information that the Purchaser provides to it.
  • Where the Purchaser does not provide Cars24 with the Purchaser’s personal information as requested, Cars24 may not be able to sell the car to you, the Purchaser.
• Disclosure of Personal Information:
  • Cars24 will only disclose the Purchaser’s personal information in accordance with the Australian Privacy Principles (APPs) as set out in Schedule 1 of the Privacy Act 1988 (Privacy Act). Cars24 will disclose the Purchaser’s personal information to the relevant Statutory Authority, and any other organisation that requires the Purchaser’s details in order to carry out the transfer of registration of the Purchaser’s car. If the Purchaser applies for finance in connection with the purchase of a car, Cars24 will provide the Purchaser’s personal information to the financier for the purposes of the financing arrangements. The Purchaser’s personal information may also be disclosed to Cars24’s contracted suppliers, service providers and other entities that are associated with the supply of Cars and related goods. Finally, Cars24 may disclose the Purchaser’s 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 Cars24, in which case Cars24 will notify you, the Purchaser before any such disclosure and outline the legal requirement that compels disclosure. The Purchaser’s 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 the Purchaser’s personal information with our Cars24 group companies in Singapore and India and suppliers in the USA. Where we do so, we will take reasonable steps to ensure such recipients comply with the APPs.
  • Cars24 may collect personal information about the Purchaser from third parties for the purpose of car sales, financing, registration and ancillary purposes, including collecting credit information about you, the Purchaser from credit reporting bodies for credit eligibility and verification purposes; collecting personal information from relevant vehicle registries and from the Personal Property Securities Register.
• Access and correction of the Purchaser’s personal information:

  The Purchaser has a right to access the Purchaser’s personal information. Cars24 will generally provide it to the Purchaser but in some cases where and to the extent permitted by law, Cars24 may refuse access to some or all of that information. In those circumstances Cars24 will provide reasons. To make a request for access to the Purchaser’s personal information, the Purchaser will need to email legal.au@cars24.com. Such requests for access must include information that verifies the Purchaser’s identity and specifies what information the Purchaser requires.. Cars24 will take reasonable steps to ensure the Purchaser’s personal information is accurate, complete and up to date. If the Purchaser believes that any personal information Cars24 holds about the Purchaser is not accurate, complete or up to date, then please email legal.au@cars24.com. Cars24’s Privacy Policy also contains information about how the Purchaser may seek access to, and the correction of, the Purchaser’s personal information.

• Complaints:

  The Purchaser can make a complaint by email to legal.au@cars24.com if the Purchaser believes that Cars24 is in breach of the APPs set out in the Privacy Act. If Cars24 is unable to resolve the Purchaser’s complaint the Purchaser may take the Purchaser’s complaint to the Office of the Australian Information Commissioner. Cars24’s Privacy Policy also contains further information about how the Purchaser may complain about a breach of the APPs.

• Security:

  Cars24 will take all reasonable steps to ensure the Purchaser’s personal information is kept secure. Cars24 only permits its authorised personnel to access the Purchaser’s personal information.

• Purchaser’s consent:

  By accepting these terms and conditions, the Purchaser consents to the use and disclosure of my personal information as set out above.

• The Purchaser acknowledges that, before the signing of the Sale Agreement for the purchase of the Car, it was informed of/ did not request the name and address of—
  • the last owner of the Car (who was not a dealer);
  • the person who leased the Car from the last owner of the Car (who was not a dealer) under a car leasing agreement.
  • The Purchaser declares:
    • the trade-in is the Purchaser's own unencumbered property except as otherwise stated in the Particulars Page; and
    • the odometer reading as stated in the Particulars Page is, at the time of sale, true and correct to the best of my knowledge and belief.
• The Car may be delivered to any business premises of Cars24 for repair of defects.
• Any purported exclusion, limitation, modification or waiver of your rights under the Act is void. The only way you can give away your rights under the Second-hand Vehicle Dealers Act 1995 is if you have signed a waiver document in accordance with the Second-hand Vehicle Dealers Regulations 2010.

• All notices required by this Sale Agreement may be given by direct communication, telephone, electronically, fax or post to the addresses and numbers included in this Sale Agreement.
• If sent by post, a notice will be considered to have been received, unless the contrary is shown, at the time when the notice would have been delivered in the ordinary course of the post.