TERMS AND CONDITIONS
Unless otherwise stated, Quote Me, the MTA approved dealer and the client agree to the following.
A telephone order is legally binding as a verbal contract.
The Terms and Conditions below apply to all new car orders where Qteme introduces a new car buyer to a dealership
Before taking delivery of the motor vehicle the customer shall pay to the dealer the balance of the purchase price being the total on-road cost less any deposit. This must be paid by bank cheque, cash, or cleared transfer funds. If paying for the motor vehicle by personal cheque, the personal cheque must be presented to the dealer five days before the date of delivery.
If the motor vehicle is being leased, the entire total on-road cost will be paid to the dealer from the finance company and the deposit will be refunded to the customer. Until the dealer has received full payment of the purchase price, title in the motor vehicle shall not pass to the customer and the customer shall hold possession of it as bailee only. While the customer holds possession of the motor vehicle as bailee, he /she:Is responsible for its proper care and maintenance Is liable for any loss or damage occasioned to it, and will indemnify the dealer against any claim for its use.
Where the dealer is entitled to reclaim possession of the motor vehicle, the customer authorises the dealer, its servants and its agents to lawfully enter the customer’s property for the purposes of retaking possession.
The Purchase Price of the vehicle is the amount shown on the vehicle purchase order as ‘Total on Road Cost’ or ‘Changeover’ and includes any taxes, statutory charges and referral fees paid to Quote Me by the supplying dealer. This fee is variable.
The purchase price may vary if, before the delivery of the motor vehicle, there is a change in the manufacturer’s recommended retail price, statutory charges or applicable taxes or duties. If the vehicle can not be delivered within a manufacturer’s bonus schedule, the dealer shall give the customer written notice of any variation in the purchase price. If the purchase price is varied due to an increase of recommended retail, the customer may rescind this contract anytime within three days after receipt of the written notice of variation.. The dealer shall use its best endeavours to acquire the vehicle by the estimated delivery date, but should not be liable for any damage or loss whatsoever arising either directly or indirectly from any such delay or failure of delivery. If the dealer has not delivered the motor vehicle to the customer, within thirty days of the estimated delivery date, the customer by notice in writing may rescind this contract. If the customer wishes to trade in a vehicle, Quote Me will provisionally value the trade in vehicle based on the customer’s description of it.Subject to the following, the valuation will be valid for 30 days, after which the trade- in vehicle will need to be re-valued. As the customer is permitted to use the vehicle between initial valuation and delivery of new car, the customer is responsible for the following whilst the trade-in is in their possession; proper care and maintenance (including but not exclusive to the following: servicing, tyres, and mechanical repairs), registration renewals, loss or damage to the vehicle, insurance claims, and depreciation. Any kilometres travelled above the odometer cap provided will be charged at 25c/kilometre, further depreciation may also be charged beyond this following the aforementioned 30 day period. Despite the foregoing, the sum to be paid or allowed to the customer for the trade in vehicle will be its actual value (determined by Quote Me)at the time of delivery of the trade in vehicle to Quote Me or a wholesale agent nominated by Quote Me.
Variations in value may be caused by errors in description of vehicles details (including but not limited to the following examples) Build Year, Make, Model, Series, Fuel Type, Transmission, Body Shape, Odometer, External Condition, Interior Condition, Mechanical & Electrical Performance. Please ensure that the description contained within this contract is a true and accurate representation of your vehicle. The customer must pay or allow to Quote Me on demand the difference (if any) between the value of the trade in vehicle provisionally determined by Quote Me and the actual value of the trade in vehicle when delivered to Quote Me or its nominated wholesale agent. Variations in the actual value up to three thousand dollars will be immediately charged to your nominated credit card where possible. Variations that are greater than three thousand dollars in value will require an EFT transfer to Quote Me, upon request.
If the customer fails to pay the difference to Quote Me when demanded, then at Quote Me option:
(a) Quote Me may return the trade in vehicle to the customer, without taking title; or
(b) Upon demand by Quote Me, the customer must return the newly supplied motor vehicle to Quote Me or its nominated wholesale agent, which may sell the newly supplied vehicle and the trade in vehicle and, after payment of all costs incurred (including, without limitation, finance costs, on road costs and other transaction costs) Quote Me will arrange for the customer to be paid the net proceeds of sale (if any) without prejudice to Quote Me right to sue the customer to recover any deficiency or loss suffered or liability, cost expense incurred by Quote Me or to recover damages for breach of contract.
If the trade in vehicle provided by the customer proves to have a history as a rental vehicle and/or taxi the vehicle will be not be accepted by Quote Me, the vehicle will subsequently be returned to the client and the full payment for the trade in value is payable to Quote Me.
To avoid doubt, any person other than the customer who delivers a vehicle to Quote Me or its nominated wholesale agent shall be deemed to act as the agent of the customer. Where the customer refuses or fails to take delivery of the motor vehicle, or is otherwise in breach of his obligations under this contract, the dealer or Quote Me may terminate this contract by written notice to the customer.; thereafter any deposit paid or payable by the customer to an amount not exceeding 5% of the total purchase price of the vehicle shall be forfeited. Both parties acknowledge that the dealer shall be entitled to claim by way of pre estimated liquidated damaged from the customer an amount equal to 5% of the total on road cost. Less any deposit forfeited. Where this contract is lawfully rescinded, the dealer shall refund monies paid by the customer and where possible return the trade in vehicle provided that the dealer shall retain from any monies due to the customer less the actual costs of repairs and improvements to the trade in vehicle and any payouts made or to be made by the dealer to clear any encumbrances. Where the dealer has disposed of the trade in vehicle the customer shall accept an amount which the parties agree is fair and reasonable compensation.
The provisions of any federal or state law apply to this contact. These provisions are deemed to be incorporated into this contract and the customer shall have the full benefit there of, but only to the extent to which these warranties are applicable to the contract excluded there from and all other warranties are expressly excluded.