Western Australian Consolidated Regulations Western Australian Consolidated Regulations[r. 13B]
[Heading inserted in Gazette 17 Nov 2006
p. 4759.]
VEHICLE SALE CONTRACT
TERMS AND CONDITIONS
(PLEASE READ CAREFULLY)
1.1 The signing 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. No offer is made
unless the Purchaser is provided with a copy of this Contract at the time it
is signed by the Purchaser.
1.2 The offer of the
Purchaser is accepted by the Dealer when:
(a) this
Contract is signed by the Dealer or a person authorised by the Dealer; and
(b)
notice of the acceptance is given to the Purchaser. This Contract will then be
binding on both parties.
1.3 The offer of the
Purchaser may be withdrawn by the Purchaser any time before it is accepted by
the Dealer. It will automatically lapse at the close of business on the next
normal business day for motor vehicle dealers.
2.1 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)
before the Latest Time stated in the Contract;
(b) for
the amount stated in the Contract;
(c) from
the Lender named in the Contract (or a lender acceptable to the Purchaser);
and
(d) upon
reasonable terms and conditions in the circumstances.
2.2 The Purchaser
agrees to take all reasonable steps toward obtaining loan approval.
2.3 If the Purchaser
has taken all reasonable steps towards obtaining loan approval, but does not
obtain approval, then either the Purchaser or the Dealer may terminate this
Contract by giving Notice to the other party. The Dealer must immediately
refund any deposit paid and return any trade‑in vehicle to the
Purchaser.
3.1 Upon delivery of
the Vehicle, the Purchaser will pay to the Dealer all of the Total Purchase
Price, less any deposit paid and any value given to the Trade‑In
Vehicle.
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.
4.1 The Dealer will
deliver the Vehicle to the Purchaser on or before the delivery date stated in
this Contract.
4.2 In the case of a
new Vehicle, if a Delivery Date is not stated in this Contract, the Dealer
will deliver the Vehicle within three (3) months of this Contract becoming
binding on the parties.
4.3 In the case of a
used Vehicle, if a Delivery Date is not stated in this Contract, the Dealer
will deliver the Vehicle within one (1) month of this Contract becoming
binding on the parties.
4.4 Delivery of the
Vehicle to the Purchaser will take place at the Dealer’s Premises,
unless other arrangements are agreed to between the Purchaser and 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.
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,
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 Dealer’s Premises or any other location.
6.1 The Purchaser will
deliver the Trade‑In Vehicle with Accessories to the Dealer in the same
condition the Trade‑In Vehicle was in at the time it was valued by the
Dealer for the purpose of this Contract, except for normal wear and tear.
7 . 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 on the 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. 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.
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 by the Dealer, the Dealer may seek an amount up to, but
not exceeding, 15% 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. Any 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.
9.2 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.
[Schedule 5, formerly Fifth Schedule,
inserted in Gazette 13 Aug 2002 p. 4169‑71.]