Terms and Conditions
Terms and Conditions
Wholesale Vehicle Consultants trading as Car Consultants (Car Consultants) agrees to provide its services in accordance with, and the Customer agrees to be bound by, the following terms and conditions (Terms and Conditions).
Car Consultants does not trade as a licensed motor vehicle dealer, it exists to provide vehicle brokerage services. The Terms and Conditions outline in full its obligations and commitments.
Definitions
Agreement: the binding agreement between Car Consultants and the Customer, the terms of which are contained in these Terms and Conditions.
Broker Agreement Form: the online application form completed by the Customer when submitting details and making payment.
Budget: the monetary amount nominated by the Customer as the total amount that the Customer is willing to spend to purchase a vehicle (not inclusive of any costs incurred after purchase, including but not limited to registration transfer fees.)
Customer: the natural person named as the Customer in the Agreement.
Nominated Credit Card: the credit card nominated by the Customer the details, of which are entered into the Broker Agreement Form.
Services: the services provided by Car Consultants to the Customer detailed in these Terms and Conditions.
Vehicle: any specific vehicle that the Customer requests Car Consultants to purchase or attempt to purchase on the Customer’s behalf.
1. Engagement
1.1 An engagement begins with the submission of the Broker Agreement Form and payment of the brokerage fee (Fee), or at any other date as mutually agreed by both parties (Engagement Date).
1.2 Car Consultants reserves the right at its discretion to change the Fee at any time prior to Engagement. Car Consultants will make known to the Customer what the Fee will be before the Customer engages the Services.
1.3 Submission of the Broker Agreement Form and payment of the Fee constitutes acknowledgement and acceptance of the Terms and Conditions.
2. Services
2.1 On Submission of the Broker Agreement Form and payment of the Fee, Car Consultants assume the exclusive responsibility for procuring or attempting to procure a Vehicle on the Customer’s behalf in accordance with the Customer’s Price Range (see 5.1) and Accepted Requirements (see 5.1)(Suitable Vehicle) (see 4.2).
2.2 Car Consultants will provide the Customer with at least one Suitable Vehicle. The Customer acknowledges that Car Consultants cannot guarantee that the Suitable Vehicle which has been presented remains available for purchase after it is provided to the Customer.
3. Sourcing of Vehicle
3.1 Should the Customer wish to purchase a Suitable Vehicle sourced by Car Consultants;
- the Customer will engage Car Consultants as their appointed broker to purchase the Vehicle on their behalf.
- The Customer will communicate their offer to purchase the Vehicle in writing to Car Consultants.
- Car Consultants may at its sole discretion decline to purchase or attempt to purchase the Vehicle for the Customer.
- The Customer will be liable for the full costs of purchasing the Vehicle which are payable as per clause 4.1(c).
4. Vehicle Purchase
4.1 Should Car Consultants agree to purchase the Vehicle on the Customer’s behalf :
- Car Consultants will negotiate a price or place bids on the Vehicle on behalf of the Customer, up to the maximum amount specified in the Price Range (inclusive of any Auction Fee).
- The Customer acknowledges and agrees that Car Consultants may, at its sole discretion, negotiate the purchase of a Suitable Vehicle from a Vehicle Dealer (Dealer) or directly from a Licensed Vehicle Wholesaler (Wholesaler).
- If Car Consultants’ negotiations to purchase the Vehicle are successful:
(i) the Customer will be provided with a purchase agreement (Purchase Agreement) from the Dealer or Wholesaler who is selling the Vehicle (Vendor); and
(ii) the Customer will pay the amount prescribed on the Purchase Agreement (Purchase Price) within the required timeframe, as per (4.1).
- In addition to the Purchase Price, the Customer must pay all transfer fees and applicable charges to the Vendor nominated in the Purchase Agreement.
- Payment will be made within the timeframe prescribed by the Vendor. Any delays in payment may result in additional fees and charges.
- If the Customer fails to complete a transaction relating to a Suitable Vehicle for any reason, Car Consultants reserves the right to recover any costs incurred in the procurement or attempted procurement of the Vehicle as per 5.1.
4.2 Car Consultants reserves the right to collect a finders’ fee in relation to any Vehicle.
- Failure to Make Payment
5.1 If the Customer does not make payment of the Purchase Price or any monies owing under the Purchase Agreement, or does not make payment according to its terms:
- The Customer irrevocably authorises Car Consultants to debit the Customer’s Nominated Credit Card for:
(i) monies owing to the Vendor; or
(ii) costs incurred by Car Consultants or any other party in procuring or attempting to procure the Vehicle.
- Such debit will not exceed $1500 regardless of the size of the costs or debit owed.
5.2 The Customer is not eligible for a refund of the Fee regardless of any set off claim or complaint regarding the Vehicle.
- Timeframe
6.1 The Customer agrees to engage Car Consultants on an exclusive basis for 60 days following payment of the Fee (Engagement Period).
6.2 If the Customer sources a vehicle through any other means or decides not to purchase any Vehicle during the Engagement Period, no refund will be owed by Car Consultants and any fees or costs incurred in the procurement or attempted procurement of a Vehicle by Car Consultants may be recovered as per 5.1(a).
- Requirements
7.1 Upon payment of the Fee, the Customer will provide to Car Consultants a range of vehicle requirements.
7.2 The vehicle requirements provided by the Customer must be accepted by Car Consultants before the commencement of an Engagement (Accepted Requirements). Car Consultants may give acceptance of the requirements to the Customer verbally or in writing, and Engagement will not be deemed to begin until such acceptance is communicated.
- Price Range
8.1 Upon payment of the Fee, the Customer will provide to Car Consultants a maximum budget for the purchase of a vehicle (Price Range). The Price Range will be assumed available for immediate settlement on finding an appropriate vehicle.
8.2 Car Consultants may at its sole discretion require the Customer to provide evidence of income or financial position, including but not limited to evidence of finance pre-approval, bank statements, credit history or employment (Evidence of Finances).
8.3 If the Customer elects a Price Range exceeding $10,000 and Evidence of Finance is not provided, Car Consultants reserves the right to cancel the Services without refund of the Fee.
- Refunds
9.1. The Customer has the right to cancel the Agreement and receive a full refund of any money paid to Car Consultants, including the Fee, if Car Consultants is unable to find a Suitable Vehicle:
- within the Price Range (see 5.1); or
- within the Engagement Period (see 5.1); or
- that meets the Accepted Requirements (see 3.1).
- No Warranty
10.1 For the avoidance of doubt, Car Consultants acts solely as a vehicle broker and does not provide any warranties as to the suitability, quality or condition of the vehicle and any independent inspection or report provided to the Customer is given solely by the party named on that inspection or report.
11. Terms and Conditions
11.1 This Agreement contains the entire understanding and agreement between the parties.
11.2 If either party terminates this Agreement, any amounts owing under the Agreement will continue to be owing to the party entitled to them.
11.3 The Customer is not entitled to assign their rights and obligations under this Agreement.
11.4 The Customer warrants that it has relied on its own advice, enquires and commercial judgment in engaging the Services.
11.5 If anything in this Agreement is unenforceable, illegal, or void then it is severed and the rest of this Agreement remains in force.
11.6 This Agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.