Victorian Numbered Regulations Victorian Numbered RegulationsSch. 3
PARTICULARS, TERMS AND CONDITIONS FOR SALE OF USED MOTOR CAR
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; or
(b) if the motor car is unregistered, the vehicle's engine number or chassis number or the vehicle identification number or the registration number (if any) last assigned to the vehicle or, if none of those numbers is reasonably ascertainable, any other number by which the vehicle 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 Roads Corporation for transfer fees and duties, and if applicable an amount to be paid by the motor car trader or the purchaser to Roads Corporation 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. Terms and conditions
Subject to finance
1. (1) Where this agreement is subject to the purchaser obtaining finance, the agreement is conditional upon the purchaser obtaining finance approval—
(a) within the time stated in this agreement;
(b) of the amount stated in this agreement;
(c) from the credit provider named in this agreement (or from a similar type of credit provider);
(d) for the type of finance stated in this agreement;
(e) upon 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
shall transfer title to the purchase vehicle to the purchaser's credit
provider upon payment of the total purchase price to the seller.
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Delays in delivery
3. (1) The seller shall 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 shall 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) shall 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 shall 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 shall 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
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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 shall forfeit the amount stated in this agreement to the seller provided that amount does not exceed 5 per cent of the total purchase price;
(b) where an amount has been paid towards the purchase price and that amount exceeds the forfeitable amount then the seller shall—
(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 shall 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 shall—
(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 due to clause l or for any reason other than a breach of this agreement then the seller shall—
(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.
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(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 shall be 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 or regulation 11 of the Motor Car Traders Regulations 2008.
Non exclusion of statutory 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
Trade Practices Act 1974 and any other Commonwealth, State and Territory laws.
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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 .
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