You and carbar agree, to these terms and conditions which include terms that limit our liability to you and permit carbar to disclose your personal information to third parties in accordance with carbar’s privacy policy:
Carbar Holdings Pty Ltd ACN 612 049 260
carbar
will provide you a vehicle acquisition concierge service
Service
, assisting you to select and purchase a vehicle from a third-party seller
Seller
, as more fully described on the carbar website carbar website
Website
.
In order to use and receive the Service, you will need to complete the form on the Website by entering the required personal details and your preferred vehicle that you wish to purchase. A carbar representative will then contact you to discuss your requirements and any further preferences, such as the make, model, variant, specifications, colour, etc.
Once you have provided all required information, carbar will contact up to 6 (six) potential Sellers and request them to confirm availability of a vehicle and a drive away price, including taxes, registration and stamp duty
Drive Away Price
Once carbar receives the quotes from the potential Sellers, carbar will contact you to discuss the availability and Drive Away Price of each quote, and to confirm with you which vehicle you wish to purchase
Vehicle
In consideration for carbar providing the Service, you will pay carbar a service fee equal to 1% of the Drive Away Price for the Vehicle quoted by the Seller plus GST
Service Fee
For clarification, the Service Fee payable to carbar is in addition to the Drive Away Price you will be required to pay the Seller.
Once carbar has provided you with the quote(s) for the Drive Away Price from the Seller(s) and you have chosen the Vehicle you wish to purchase, you will be required to pay the Service Fee to carbar by way of credit card or bank transfer.
Except as otherwise specified in these terms, no other fees are payable by you to carbar. However, carbar may receive a commission from the Seller and (where applicable) third party lender.
Once payment of the Service Fee is received by carbar (which may take up to 2 (two) days for bank transfers), subject to clauses 9 and 10, carbar will then notify the Seller and request the Seller to place an order for the Vehicle (or hold the Vehicle if it is already in stock). The Seller will then contact you and provide you with their sales purchase agreement for you to execute
Purchase Agreement
and the Seller will then be responsible for all remaining activities to supply you with the Vehicle.
If you are financing a portion, or the full amount, of the Drive Away Price, you will need to have a valid finance approval in place before the Seller will hold the Vehicle (in order to protect both you and the Seller from any risk of the purchase not going ahead). A Seller may not order the Vehicle until a valid finance approval is obtained, which may result in a delay to any agreed delivery date. If your application for finance is declined and you provide us with formal notice of such refusal from your lender, then carbar will endeavour to source you an alternative Vehicle or (if you are not happy with any alternative vehicle) refund you the Service Fee (which may take up to 5 working days depending on your payment method and bank).
In certain circumstances, you may be required to pay an additional amount
Deposit
directly to the Seller in order to confirm the order of the Vehicle (for example if the Vehicle is not in stock and you have chosen a unique colour or specification requiring a ‘special’ order).
The Seller is solely responsible for supplying you the Vehicle in accordance with the terms of the Purchase Agreement. You will be required to pay the Seller all amounts payable under the Purchase Agreement, and such amounts will be invoiced by the Seller directly to you and payable directly by you to the Seller.
If for any reason the Vehicle is sold by the Seller (or the Seller otherwise refuses to sell the Vehicle) between the Seller providing their quote to carbar and (after discussing the quote with you) carbar notifying the Seller to order the Vehicle (after carbar has received your payment of the Service Fee), then carbar will endeavour to source you an alternative Vehicle or (if you are not happy with any alternative vehicle) refund you the Service Fee (which may take up to 5 working days depending on your payment method and bank).
carbar takes all reasonable steps to ensure that your personal information is securely held and protected from misuse or unauthorised access. Full details of how carbar handles personal information can be found in the carbar Privacy Policy (which can be viewed on the Website). By agreeing to these terms, you authorise carbar to collect, use and disclose personal information in accordance with the carbar Privacy Policy and any other notifications carbar provides and consents you provide from time to time.
In particular, you authorise carbar to collect, use and disclose information (including personal information), including disclosure to the Seller and other third parties, in connection with the provision of the Service and your purchase of the Vehicle.
Except as set out in clauses 9, 12 and 16, the Service Fee is not refundable in any circumstances (including if you and the Seller fail to agree the terms of the Purchase Agreement or you otherwise change your mind). If you change your mind or you fail to agree the terms of the Purchase Agreement with the Seller, carbar will endeavour to source you an alternative Vehicle.
If carbar needs to cancel your order and is unable to offer you an alternative vehicle for the Service, carbar may terminate the Service and provide you a refund of the Service Fee (which may take up to 5 working days depending on your payment method and bank).
You may terminate the Service at any time before entering into the Purchase Agreement, by notifying carbar via email to: concierge@carbar.com.au
Except as expressly set out in this Agreement, and to the maximum extent permitted by law:
carbar excludes all representations, warranties, guarantees and other terms (whether express or implied) in relation to the Service;
nothing contained in these terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other law where to do so is unlawful; and
where carbar can limit its liability under the Australian Consumer Law, carbar limits its liability (at its option) supplying the Service again, or the payment of the cost of having the Service supplied again;
carbar accepts no liability in respect of, and shall not be responsible to you for any liability to you or any third party under or in connection with the Service (whether for in contract, tort (including negligence), statute or otherwise), for any:
incorrect information you provide to carbar, the Seller or any other third party as part of the Service;
incorrect information provided to you by the seller or any other third party, failure or delay in connection with the supply of the vehicle by the seller, provision of any finance by a third-party lender, or other component of the service by any third party;
death or personal injury;
loss or damage incurred by you in connection with any claim, demand, action or proceeding made by a third party;
loss of profit, goodwill, business opportunity or anticipated saving; or
indirect or consequential loss or damage; and
the maximum aggregate liability of carbar in connection with the Service and these terms is limited to the Service Fee paid by you to carbar.
To the maximum extent permitted by law, you shall not be entitled to set off any amounts carbar or any of its related entities owes you against amounts you owe under these terms. All payments you make to carbar in connection with the Service will be made without any counterclaim and free and clear of (and without any) deduction or withholding.
Any notice to be given to carbar or you shall be deemed to be given upon it being posted to the address, or sent by email to the email address of, the relevant party.
These terms and the provision of the Service is governed by and construed in accordance with the laws of Victoria, Australia. You and carbar agree to submit to the non-exclusive jurisdiction of its Courts for all purposes of or in connection with these terms and the Service.