OzCar Auctions - Terms & Conditions

1.

I/we undertake to settle all amounts owing by due date and to immediately notify you of any change in the particulars. In consideration of OzCar Auctions Pty Ltd supplying the vehicles to me/us, I/we hereby irrevocably acknowledge and agree that all Directors/shareholders/partners/individuals shall be personally liable for all debts so incurred.

2.

I/we understand and acknowledge that any breach of these terms and conditions will involve withdrawal of dealer/PRIVATE registration without notice and the issue of legal process for recovery of any outstanding amounts.

2.1

Registration plates are to licensed motor dealers only.

2.2

All vehicles sold to non dealers (general public) are sold 'no plates' unregistered.

ROAD WORTHY CERTIFICATE WILL BE PROVIDED TO THE PUBLIC FOR PLATES TO STAY ON ALL VEHICLES SOLD INTERSTATE ARE SOLD NO PLATES NO REGO NO EXCEPTION

3.

(Romalpa Clause)

3.1  

Property in, and title to, any vehicle purchased does not pass to a purchaser, until such time as the vehicle purchased, and any other vehicle supplied by OzCar Auctions is paid in full by the purchaser.

3.2

Where payment is made by cheque, payment is not effected until the funds have been cleared.

$500 DEPOSIT IS REQUIRED WITHIN 24 HOURS OF SALE CONCLUDING AND FULL PAYMENT IS REQUIRED WITH IN 48HOURS

3.3

Until property in any vehicle sold by OzCar Auctions passes to a purchaser, a purchaser has possession of a vehicle as bailee only and the purchaser undertakes not to sell, trade, exchange, obtain any type of financial benefit, or otherwise deal with any vehicle purchased until all moneys owed to OzCar Auctions have been paid in full (and where payment is by cheque, it has been cleared). The purchaser and OzCar Auctions agree that until payment in full is received and cleared by OzCar Auctions, it may record its interest in any vehicle by entering it on the Personal Property Securities Register (PPSR).
NOTE: Breach of this term may, in certain circumstances, involve commission of a criminal offence. Where in doubt, immediately contact OzCar Auctions (02 9794 2557) before dealing with any vehicle.

3.4

While the purchaser holds any vehicle as bailee:

 

(a)

the vehicle will nevertheless be at risk of the purchaser;

(b)

the purchaser will house or store the vehicle separately from any other vehicle not sold by OzCar Auctions;

(c)

the purchaser is liable for any loss or damage occasioned to the vehicle;

(d)

the purchaser indemnifies OzCar Auctions against any claim arising from its use; and

(e)

OzCar Auctions may at any time recover or resell the vehicle and may at any time enter upon the purchaser’s premises by its servants or agents for that purpose.

 

3.5

Without limiting subclause 3.1 hereof, the purchaser may with prior written consent of OzCar Auctions sell a specific vehicle before property has passed, but only on the following terms and conditions:

 

(a)

the purchaser may sell only the specific vehicle for which OzCar Auctions has given its prior written consent, in the ordinary course of the purchaser’s business, to a bona fide purchaser for value, and only as agent for OzCar Auctions;

(b)

the purchaser will hold the proceeds of any such sale in trust for OzCar Auctions and will keep the proceeds separate and apart from the purchaser’s own moneys; and

(c)

The purchaser will account to OzCar Auctions for the proceeds on demand. Should the purchaser not account to OzCar Auctions for the proceeds on demand, OzCar Auctions reserves the right to register a caveatable interest upon any property whatsoever held by any Director/shareholder/partner or individual of the purchasing entity.

 

4.

In the event that OzCar Auctions purchases/consigns vehicle(s) from me, I/we authorise OzCar Auctions to guarantee the title of the vehicle to the purchaser as a term of the sale.

 

4.1

I/we warrant to OzCar Auctions and authorise OzCar Auctions to so warrant when selling as my/our agent that the vehicle(s) is my sole and absolute unencumbered property, and is free from any Bill of Sale, Hire Purchase Agreement, lien, charge or other adverse interest, such as Written Off Vehicle Register or PPSR whatsoever, and that no person or corporation has any right, title or interest therein, and that I have good right and title to sell the same.

 

5.

Damages

 

5.1

In the event of any breach of these terms and conditions by the purchaser:

 
 

5.1.1

The purchaser will indemnify OzCar Auctions, without limitation, for among other things:

 

(a)

any loss, damage or expense suffered by OzCar Auctions in recovering or re-taking possession of any vehicle;

 

(b)

any cost of repair or re-preparation of any vehicle for sale;

 

(c)

any loss suffered by OzCar Auctions on resale of a vehicle.

5.1.2

OzCar Auctions may exercise its rights at law or in equity to trace the proceeds of any dealing by the purchaser.

5.1.3

This document shall be governed by the laws of New South Wales. Any provision of this document rendered void, invalid and unforeseeable shall not affect the validity or enforceability of the remainder.

 

5.2

OzCar Auctions reserves its right to charge interest on any overdue amount. Interest may accrue at a rate of 2% per month, calculated on a daily basis from the date that the payment became due until paid.

5.3

In the event that OzCar Auctions commences legal action against the purchaser and or any of or all of its Directors/Shareholders/Partners/Individuals and guarantors, all costs incurred in such action are to be added to the amount owing by the purchaser Director/Shareholder/Partner/Individual and guarantors.

6.

OzCar reserves the right to withdraw any auction car either prior to or during the auction.