Victorian Consolidated Regulations Victorian Consolidated RegulationsSchedule 2—Particulars, terms and conditions for sale of used motor car
IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF
Section 43
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
A. Particulars
(1) The name of the motor car trader or, if an employee of the motor car trader negotiated the agreement on behalf of the motor car trader, the name of the employee.
(2) A description of the motor car sufficient to identify it.
(3) Whichever of the following is applicable—
(a) if the motor car is registered, the registration number;
(b) if the motor car is unregistered—
(i) the vehicle identification number; or
(ii) if the vehicle identification number is not reasonably ascertainable, any other number by which the motor car may be identified.
(4) The price and any other charges to be paid and the time and manner in which the price and any other charges are to be paid and, where a motor car or other goods are to be accepted as part payment of the price or other charges, the amount agreed to be represented by the motor car or other goods.
(5) The amounts to be paid by the motor car trader or the purchaser to VicRoads for transfer fees and duties, and if applicable an amount to be paid by the motor car trader or the purchaser to VicRoads for registration.
(6) The distance travelled by the motor car as recorded on the instrument or device installed in the motor car for recording the distance travelled by the motor car either when the purchaser signs the agreement or at any earlier time at which the purchaser takes delivery of the motor car.
(7) Whether or not the motor car trader believes the distance so recorded to be true.
(8) The licence number of the motor car trader.
(9) The serial number of the agreement.
B. Warranty Information
Warranty under section 54 of the Motor Car Traders Act 1986
Motor cars not more than 10 years old and that have been driven less than 160 000 km are covered by a warranty under section 54 of the Motor Car Traders Act 1986 .
Is this motor car automatically covered by a statutory warranty under section 54 of the Motor Car Traders Act 1986 ?
□ Yes
□ No
If the motor car is covered by the warranty
The motor car trader warrants that if a defect appears in the motor car before the end of the warranty period, the motor car trader at the motor car trader's own expense—
(a) will arrange for the car to be taken to a place where it can be repaired or made good; and
(b) 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.
The warranty period is whichever of the following periods is shorter—
(a) the period from when the motor car is delivered to the person buying it until it has been driven for a further 5000 kilometres;
(b) the period of 3 months from the day after the motor car is delivered to the person buying it.
The benefits to the consumer given by this warranty are in addition to other rights and remedies of the consumer under the Australian Consumer Law (Victoria).
If the motor car is not covered by the warranty
The motor car trader does not have any obligation under the Motor Car Traders Act 1986 to repair or make good any defects after delivery. However, the trader may have other obligations under other legislation including the Australian Consumer Law (Victoria) .
Rights under the Australian Consumer Law (Victoria)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (Victoria). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
C. Terms and conditions
Subject to finance
1. (1) Where this agreement is subject to the purchaser obtaining finance, the agreement is conditional on the purchaser obtaining finance approval—
(a) within the time stated in this agreement; and
(b) of the amount stated in this agreement; and
(c) from the credit provider named in this agreement (or from a similar type of credit provider); and
(d) for the type of finance stated in this agreement; and
(e) on reasonable terms and conditions in the circumstances.
(2) The purchaser agrees to take all reasonable steps towards obtaining finance approval.
(3) If the purchaser does not obtain finance approval then either the purchaser or the seller may terminate this agreement by giving notice to the other party.
Transfer to credit provider
2. Where requested by the purchaser the seller must transfer title of the purchase vehicle to the purchaser's credit provider on payment of the total purchase price to the seller.
Delays in delivery
3. (1) The seller must make every reasonable effort to make the purchase vehicle available for delivery on or before the delivery date stated in this agreement. Where delivery is delayed more than 14 days the purchaser may terminate this agreement by notifying the seller in writing, unless the delay is caused by the purchaser.
(2) The purchaser must take delivery of the purchase vehicle within 7 days of being notified by the seller that the vehicle is ready for delivery. If the purchaser fails to take delivery within this time the seller may terminate the agreement by notice in writing.
Trade-in conditions
4. (1) Where the purchase involves a trade-in vehicle 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 vehicle less any amount to be paid by the seller to discharge the interest of any other person in the vehicle.
(2) The trade-in vehicle must be delivered to the seller no later than the date of delivery of the purchase vehicle. If the trade-in vehicle is delivered after this date or is not in substantially the same condition as at the date of this agreement then the net trade-in allowance may be adjusted by an amount equal to the change in the fair market value of the trade-in vehicle between the date of this agreement and the date of delivery to the seller.
(3) The purchaser's interest in the trade-in vehicle must pass to the seller—
(a) when the purchaser accepts delivery of the purchase vehicle; or
(b) when the purchaser has delivered the trade-in vehicle to the seller and the seller 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.
(4) The seller must not, without the prior written consent of the purchaser, sell or agree to sell the trade-in vehicle before delivery of the purchase vehicle to the purchaser.
(5) Where the amount allowed on the trade-in vehicle has been reduced by an amount to be paid by the seller to discharge the interest of any other person in the vehicle, the seller will pay this amount to the other person within 28 days of delivery of the trade‑in vehicle to the seller.
Termination
5. (1) Where this agreement is lawfully terminated by the seller due to a breach of this agreement by the purchaser then—
(a) the purchaser must forfeit the amount stated in this agreement to the seller provided that amount does not exceed 5 per cent of the total purchase price; and
(b) where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then the seller must—
(i) refund to the purchaser so much of the amount paid that exceeds the forfeitable amount; and
(ii) return any trade-in vehicle to the purchaser; and
(c) where an amount has been paid towards the 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 the 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 must be refunded to the purchaser.
(2) Where this agreement is lawfully terminated by the purchaser due to a breach of this agreement by the seller then the seller must—
(a) refund to the purchaser all money paid by or on behalf of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(3) Where this agreement is lawfully terminated by either the purchaser or the seller under clause l(3) or for any reason other than a breach of this agreement then the seller must—
(a) refund to the purchaser all money paid by or on behalf of the purchaser; and
(b) return any trade-in vehicle to the purchaser.
(4) Where this agreement 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 agreement will be complied with if the seller pays to the purchaser—
(a) an amount equal to the net trade-in allowance; or
(b) 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.
(5) Where the seller returns any trade-in vehicle to the purchaser and the seller has carried out repairs on the vehicle with the consent of the purchaser then the seller is entitled to an amount equal to the reasonable cost of those repairs.
(6) Where either the purchaser or seller wishes to terminate this agreement in accordance with this clause they must give written notice to the other party of the decision to terminate.
(7) Nothing in this clause affects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986 .
Non-exclusion of warranties and other rights
6. The benefits conferred by this agreement and by the seller's warranty, if any, are in addition to all other rights and remedies in respect of the purchase vehicle which the purchaser has under the Australian Consumer Law (Victoria) and any other Commonwealth, State and Territory laws.
Note: The parties to this agreement may include other conditions if those conditions do not reduce the rights given to either party by or under the Motor Car Traders Act 1986 .