a) In consideration for TWG Carbuyers Pty Ltd (“TWG Carbuyers”) providing the Services, TWG Carbuyers will charge the Seller the Service Fee. This only applies to cars over $2,000.
b) The Service Fee will be deducted from the Purchase Price or otherwise charged to the Seller in accordance with these terms and conditions.
Subject to these terms and conditions, TWG Carbuyers will pay the Payment Amount to the account nominated by the Seller within 7 days of the date of this agreement, provided the Seller has provided TWG Carbuyers with all necessary information and material and is otherwise in compliance with the terms of this agreement.
a) If the Vehicle is subject to finance, the Seller must do all things that TWG Carbuyers reasonably requires to obtain the Payout Figure from the financier.
b) If the Purchase Price is less than the Payout Figure, TWG Carbuyers may, at its sole discretion:
i) terminate this agreement by notice to the Seller and invoice the Seller for the Service Fee; or
ii) agree to receive payment of the difference from the Seller (plus any Service Fee) so that TWG Carbuyers can pay the Payout Figure to the financier to discharge any loan against the Vehicle, with such payment to be deemed payment by TWG Carbuyers of the Purchase Price under this agreement.
a) The Seller represents and warrants to TWG Carbuyers that:
i) it is the legal and beneficial owner of the Vehicle;
ii) it has the sole right, power and authority to enter into this agreement and fulfil its obligations under this agreement;
iii) in selling the Vehicle, it will not be in breach of any obligation owed to any person;
iv) all information provided by the Seller in this agreement is true, complete and not misleading;
v) it will not permit the Vehicle to be driven without the written consent of TWG Carbuyers from the date of this agreement;
vi) on collection of the Vehicle by TWG Carbuyers, the Vehicle will be in the same condition as when the Vehicle was inspected by TWG Carbuyers, prior to entering into this agreement;
vii) at the time of payment of the Payment Amount, title to the Vehicle will pass to TWG Carbuyers free of any encumbrance and third party interests; and
viii) it will remove any advertisements for the sale of the Vehicle immediately upon notification of payment by TWG Carbuyers.
b) These warranties apply as at the date of this agreement and at the date of collection of the Vehicle by TWG Carbuyers.
a) The Seller must take all reasonable steps to make the Vehicle, together with all manuals, keys, service history and registration details (if applicable), available for immediate collection once TWG Carbuyers has provided proof of payment of the Payment Amount, or at any other time mutually agreed between the parties.
b) TWG Carbuyers will use reasonable endeavours to arrange collection of the Vehicle at the time agreed between the parties, or otherwise as soon as reasonably practicable.
The Seller must maintain any insurance policies in place with respect to the Vehicle as at the date of this agreement until collection of the Vehicle by TWG Carbuyers.
a) All risk in and to the Vehicle will pass to TWG Carbuyers upon collection of the Vehicle by TWG Carbuyers.
b) Legal and equitable title in and to the Vehicle will pass to TWG Carbuyers upon payment of the Payment Amount.
c) The Seller acknowledges that until title in and to the Vehicle passes to TWG Carbuyers in accordance with this agreement, the Seller holds the Vehicle as bailee of TWG Carbuyers and that a fiduciary relationship exists between the Seller and TWG Carbuyers.
a) The Seller may terminate this agreement at any time before TWG Carbuyers has made payment of the Payment Amount by providing at least 24 business hours written notice to TWG Carbuyers.
b) Notice of cancellation must be sent to sales@carbuyers.com.au or such other address nominated by TWG Carbuyers in writing from time to time.
c) In the event of cancellation by the Seller, a cancellation fee of $1000 (plus GST) will be payable immediately by the Seller to TWG Carbuyers in addition to payment of the Service Fee.
TWG Carbuyers may terminate this agreement by providing written notice to the Seller at any time before making payment of the Payment Amount at its sole and absolute discretion.
a) To the full extent permitted by law, TWG Carbuyers’ liability under this agreement is limited to payment of the Purchase Price.
b) Under no circumstances will TWG Carbuyers be liable for any Consequential Loss and any such Consequential Loss is expressly excluded.
a) Except where legislation cannot be excluded or would make this clause illegal, or where the inclusion of this clause would make TWG Carbuyers liable to a penalty, the Seller releases and indemnifies TWG Carbuyers from any Claim that is made against TWG Carbuyers in respect of any loss, damage, death or injury arising from negligence or otherwise caused directly or indirectly or arising out of the use or condition of the Vehicle sold to TWG Carbuyers, including Consequential Loss, except to the extent that such loss, damage, death or injury has been caused by TWG Carbuyers.
b) Without limiting the foregoing, the Seller indemnifies and agrees to keep indemnified TWG Carbuyers from and against any loss, cost, damage or expense (including legal costs on a full indemnity basis) incurred by TWG Carbuyers in connection with any breach of warranty provided by the Seller under this agreement.
a) The Seller acknowledges that:
i) this agreement constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA);
ii) TWG Carbuyers has a security interest in the Vehicle supplied under this agreement; and
iii) from the date of this agreement TWG Carbuyers may register a security interest in the Vehicle on the Personal Property Securities Register.
b) The Seller agrees to do anything that TWG Carbuyers reasonably requires to ensure that TWG Carbuyers has at all times a continuously and perfected security interest over the Vehicle.
a) If GST is payable by a supplier (or by the representative member for a GST group of which the supplier is a member) on any supply made under or in relation to this agreement, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.
b) If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.
c) This clause is subject to any other specific agreement regarding the payment of GST on supplies.
The Seller must not transfer any right or liability under this agreement without the prior written consent of TWG Carbuyers.
a) Any notice to or by a party under this agreement must be in writing and signed by the sender or, if a corporate party, an authorised officer of the sender.
a) This agreement is governed by and construed under the law in the State of Victoria.
Any amendment to this agreement has no force or effect unless effected by a document executed by the parties.
a) By using the Services you agree to the terms of TWG Carbuyers’ Privacy Policy, a copy of which can be found on our website.
b) If you agree to be photographed with your vehicle, you acknowledge and accept that this may appear on our marketing material, including on our social media and/or website.
a) “Claim” means any claim, demand, action or proceeding;
b) “Consequential Loss” means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of data or data use, future reputation or publicity, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity;
c) “Payment Amount” means the Purchase Price less the Service Fee;
d) “Payout Figure” means the amount owed to the financier of the Vehicle to discharge any loan against the Vehicle, including any and all associated fees;
e) “Purchase Price” means the purchase price offered by TWG Carbuyers to the Seller in respect of the Vehicle;
f) “Seller” means the owner of the Vehicle identified in this agreement;
g) “Service Fee” means the fee for the performance of the Services in the amount of $182 (plus GST) or such other amount notified by TWG Carbuyers to the Seller in writing;
h) “Services” means services performed by TWG Carbuyers including background, history, ownership and security checks, transfer and collection of the Vehicle; and
i) “Vehicle” means the vehicle identified in this agreement.
1/40 Cook Street,
Port Melbourne, Victoria, 3207
Customer Service — 1300 488 623
