The Seller acknowledges that MCT Automotive Group by way of its employees, representatives or agent disclosed that it is a holds Motor Dealer License under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld).
The Seller represents and warrants to MCT Automotive Group that:
the Seller is the lawful owner of the Motor Vehicle and has authority to transfer the title in the Motor Vehicle to MCT Automotive Group;
the Motor Vehicle is free from defects, modifications or alternations that would prevent it being registered within an Australian State or Territory and/or lawfully driven on roads in Australia;
the Motor Vehicle is free of any encumbrances except for those detailed above.
The Seller agrees to act diligently and do all things necessary, including the signing of required forms, to transfer the registration of the Motor Vehicle to MCT Automotive Group.
The Seller agrees that the Motor Vehicle will not be driven without the consent of MCT Automotive Group after this document is signed.
MCT Automotive Group agrees to pay the Seller the Purchase Price within 3 business days. Title in the Motor Vehicle passes upon receipt of payment by the Seller.
MCT Automotive Group agrees that it will arrange for the collection of the car after the Purchase Price has been paid to the Seller and the Seller agrees to take all reasonable steps to make the Motor Vehicle available for immediate collection once MCT Automotive Group has provided proof of payment.
The Seller agrees that he/ she will remain responsible for ensuring that the Motor Vehicle is the same condition as it was when the original inspection was conducted by MCT Automotive Group.
If in MCT Automotive Group's sole opinion the Motor Vehicle is not in the same condition as when it was first inspected, MCT Automotive Group may, at its sole discretion elect to terminate this contract or proceed with the contract and recover from the Seller as a Liquidated Demand all costs, expenses, fees incurred to repair and or rectify the Motor Vehicle.
If the Motor Vehicle is subject to a mortgage or other encumbrance:
and amount owed on the Motor Vehicle is equal or less than the Purchase Price, MCT Automotive Group agrees to pay the Financier the figure specified by the Financier in the payout letter from the Purchase Price and the balance of the Purchase Price, if any, will be paid to the Seller;
and the amount owed on the Motor Vehicle is greater than the Purchase Price, MCT Automotive Group, will pay the Purchase Price to the Financier only after the Seller has provided evidence that the Seller has paid the Financier, in clear funds, the difference between the amount owing and the Purchase Price.
The Seller agrees to provide MCT Automotive Group the service books of the Motor Vehicle as security for the sale.
MCT Automotive Group may elect to terminate this contract at any time for any reason.
If MCT Automotive Group elects to terminate this contract under clause 8 or if the Seller unlawfully terminates this contract, MCT Automotive Group is entitled to be compensated Liquidated Damages from the Seller in the amount of $500.00. fThe Seller acknowledges and agrees that this sum represents a genuine pre- estimate of the loss and damage MCT Automotive Group will suffer as a result of the termination.
The Seller grants to MCT Automotive Group a PPSR Security Interest over the Motor Vehicle to secure the punctual performance of all of the Seller’s obligations to MCT Automotive Group at any time, including but not limited to the Seller’s obligations under clause 3,6,7,8 and 12 herein.
Any theft of the Motor Vehicle will result in MCT Automotive Group lodging a criminal complaint. Should the Seller or any of its agent, employees or representatives withhold delivery of the Motor Vehicle, the Seller will be pursued vigorously by MCT Automotive Group to the fullest extent allowed by Law.
The Seller agrees to remove and bring to an end any advertising of the Motor Vehicle for sale immediately upon signing this contract. This includes removing the Motor Vehicle from advertising websites such as carsales.com.au, Gumtree and Facebook marketplace.
The Seller irrevocably and unconditionally agrees to indemnify and hold MCT Automotive Group, its employees, servants and agents against any damages, loss, liability, cost, charge, expenses, outgoing or payment (whether direct, indirect, consequential or incidental) which may be suffered or incurred by MCT Automotive Group arising out of or referable to:
any breach of the Seller’s obligations, representations and warranties provided in this agreement;
any negligent or wilful act or omission of the Seller.
Cooling Off period
A one day cooling off period applies to vehicles purchased providing it is not a new vehicle, was not sold by auction and you (the buyer) do not take the physical possession of the vehicle for a purpose other than a vehicle inspection or a test drive.
To exercise your right to cancel this contract you must provide the dealer with written notification prior to the cooling-off period ending.
Cancelling the contract within the cooling- off period may result in you forfeiting up to $100. All monies paid must be refunded by the motor dealer. Any trade-in vehicle offered by the Buyer that the motor dealer has taken possession of must be returned to the Buyer by the motor dealer.
the cooling off period ends at 5:00pm the next business day (excludes Sunday and public holidays). If the motor dealer closes prior to 5pm, the cooling- off period is extended to next business day before the motor dealer’s normal closing time.
the cooling- off period ends when the buyer takes permanent physical possession of the vehicle (not for an inspection/ test drive).
Note: A cooling- off period does not apply to the following types of used motor vehicles:
unregistered motor vehicles that cannot be registered in Queensland
unregistered motor vehicles intended for wrecking or dismantling
commercial vehicle
caravan.
Warranty
The Manufacturer’s Warranty on new vehicles will be furnished with the vehicle and no other warranties are given by the Dealer save and expect were otherwise provided in writing to the Purchaser at the time of delivery of the vehicle.
The parts, accessories, products or additional items referred to on the front of this Contract have been supplied and/ or fitted to the vehicle upon the Purchaser’s request. The purchaser acknowledges and agrees that some or all the parts accessories, products or additional items may not be or are not approved by the Manufacturer of the vehicle for use on the vehicle. As such they are not covered by the vehicle’s manufacturer considers that any non-approved products and/or their installation may affect the specifications or quality of the vehicle.
Mandatory Statement: our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be acceptable quality and the failure does not amount to a major failure.
To the extent permitted by law all other warranties and guarantees are hereby expressly negated and excluded.
Seller acknowledges that to the best of their knowledge the odometer reading declared is a true representation of the distance travelled by the trade- in vehicle.
Seller is not bankrupt and has not committed any act of bankruptcy. If selling on behalf of a company, they declare (the Seller) is not in liquidation or under receivership or under official management.
To the best of the Sellers knowledge, the trade-in vehicle(s) has never been used as a taxi, hire car, motor sport vehicle, has never been subject to flood conditions and has at no time been a written off vehicle as determined by the appropriate act.
The registration on the trade-in vehicle(s) has not been cancelled nor am I aware of any circumstances which would cause the registration to be cancelled and no pension or other concessional rebate is applicable to the registration of the trade-in vehicle(s).
To the best of the Sellers knowledge there are no fines or infringement notices outstanding in relation to the trade- in vehicles.
