Dealer Terms and Conditions
STREETFLEET PTY LTD (ACN 090 125 312) of Level 4, 111 Gawler Place, Adelaide SA 5000 ("we" or "us")
Application of Terms
- By applying for a User Account or making an Offer you agree to be bound by these terms and conditions, as varied from time to time (Terms).
- You may only make an Offer if you have a User Account.
- If we accept your application for a User Account we will provide you with the details you need to access the Tender System ("Login Details"). The Login Details are unique to your account and will be used to identify you and your electronic communications. They must be kept confidential and secure (whether in electronic form or otherwise). You are responsible for the use of your Login Details and must not disclose them to any person who is not authorised to make an Offer on your behalf.
- If your Login Details are lost, stolen or disclosed to an unauthorised person you must notify us without delay so that we can cancel your Login Details.
- You may only have one User Account.
- We may close or suspend your User Account at any time and for any reason.
- We may offer a Vehicle for sale by tender by placing a description of the Vehicle on the Tender System along with details of any designated dates and times during which you may inspect the Vehicle.
- The tender period will commence and end at the times specified for that Vehicle on the Tender System (Tender Period).
- Unless otherwise agreed by us, you may only make an Offer through the online Tender System during the Tender Period.
- You may only make one Offer for each Vehicle and all Offers will be deemed to be unconditional and irrevocable.
- Offers must be stated in Australian dollars, inclusive of GST and any applicable taxes or government charges.
Acceptance of an Offer
- At the end of the Tender Period we will notify you whether or not your Offer has been accepted. If we accept your Offer this creates a legally binding contract between you and us for the sale and purchase of the relevant Vehicle.
- Subject to clause 4.4, the highest Offer for the Vehicle from the dealerships providing the relevant type of Replacement Vehicle (or the highest Offer if there is no Replacement Vehicle) will generally be accepted. However, we may refuse to accept an Offer for any reason, including if we consider that you have breached the Terms.
- Our acceptance of you Offer may be conditional on delivery of a Replacement Vehicle at a previously agreed price. This does not constitute a counter offer to you.
- We reserve the right to:
- withdraw any Vehicle from the tender process before the close of the Tender Period; and
- disclose or not disclose the existence and/or amount of the reserve price (if any) which may apply to any Vehicle offered for sale by tender.
- We will provide you with a tax invoice for the Vehicle and you must pay us the Purchase Price:
- within 14 days of the invoice or on the date you deliver us the Replacement Vehicle (if applicable); and
- before collecting the Vehicle.
- On receipt of the Purchase Price (and delivery of the Replacement Vehicle, if applicable) we will transfer to you good title to the vehicle, free of any security interests, and make the Vehicle available for collection at the collection address specified in the invoice or any other address we agree with you.
- You must sign and return to us a Form 16 (Dealer Sale Form) within 7 days of taking possession of the Vehicle.
- The Purchase Price must be made in full without set off, deduction or counterclaim in immediately available funds. However, if you are supplying a Replacement Vehicle we may set-off the Purchase Price against amounts payable to you in respect of the Replacement Vehicle.
- Vehicles are at your risk from the time that you or your agent or representative (including any carrier or transport company you engage) takes possession or control of the Vehicle.
- You acknowledge that you have inspected the Vehicle and satisfied yourself as to its particulars and condition prior to making any Offer.
- We make no representations or warranties regarding the Vehicle or the existence of any defects, whether express or implied, except to the extent required by law.
- You represent and warrant to us on the date you accept the Terms and on the date you make any Offer that:
- you and any person to which you have disclosed your Login Details has full authority to make an Offer subject to the Terms which is binding on you;
- you are a licensed dealer under the Second-hand Vehicle Dealers Act 1995 (SA) or any equivalent legislation in any relevant jurisdiction and are in compliance with your obligations under that legislation;
- all information provided to us (including in connection with an application for a User Account) is correct, complete, up to date and not misleading in any way;
- you are not a "consumer" for the purposes of the Australian Consumer Law;
- prior to making an Offer for a Vehicle you have arranged necessary funds to complete the purchase.
- You acknowledge that we are relying on these representations and warranties.
- To the extent permitted by law, you:
- agree that we are not liable for any special, incidental or consequential damages or for loss, damage, or expense directly or indirectly arising from your use of or inability to use the Tender System or in connection with a Vehicle;
- acknowledge that you have relied upon your own skill and judgment in assessing the quality of the Vehicle, and its fitness for any purpose that may be required, and not upon any conduct or representation from us, our officers, employees or agents.
- To the extent that we are able to limit the remedies available under the Terms, we expressly limit our liability for breach of a non-excludable statutory guarantee to the following remedies (the choice of which is at our sole discretion):
- the cost of replacing the Vehicle;
- the cost of obtaining a vehicle equivalent to the Vehicle; or
- the cost of having the Vehicle repaired.
- By creating a User Account, you consent to:
- the collection of your personal information; and
- us using your personal information for the purposes of:
- improving the Tender System;
- meeting any of our obligations under any law, including under the Privacy Act 1988 (Cth);
- determining whether you are complying with the Terms; and
- administration connected with the Tender System.
- You agree that we may disclose any of your information to a third party for the above purposes.
- The Terms, the relevant Offer and any notification of acceptance provided by us constitute the entire agreement in respect of the sale and purchase of a Vehicle.
- If any provision of the Terms is illegal, void or unenforceable, that provision will be ineffective and is to be severed from this Agreement to the extent only of that illegality, voidability or unenforceability. All remaining provisions will be enforceable.
- We may at any time assign our rights and interests or novate our rights and obligations (in whole or in part) in connection with the Terms. You may not assign any of your rights or obligations under the Terms without our prior written consent.
- The Terms and any documents entered into in connection with them are governed by the laws of the State of South Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
- Notices in connection with the Terms or a Vehicle may be provided to in any form, including by means of an electronic communication (with or without an electronic signature) to any address notified to us or by way of the Tender System (which you agree to regularly check for communications).
- We may vary the Terms at any time, without your consent, by publishing the revised terms on the Tender System and we may (but are not obliged to) notify you that we have done so.
Definitions and Interpretation
- "Offer" means an offer from you to us to purchase a Vehicle made in accordance with clause 3.
- "Purchase Price" means the purchase price for a Vehicle set out in an Offer accepted by us including GST any other applicable taxes or duties payable in connection with the purchase of the Vehicle.
- "Replacement Vehicle" means a vehicle which we intend to lease or sell to a current or previous user of the Vehicle.
- "You" means the person or entity specified in an application for a User Account.
- "Tender System" means the online tender system established by us and accessible with Login Details at www.streetfleet.com.au.
- "User Account" means an individual dealer account opened by is which provides access to the Tender System.
- "Vehicle" means a motor vehicle offered for tender by us to registered User Account holders through the Tender System and subject to the Terms.
- Words or terms incorporating the singular or the plural shall include the plural and singular respectively.
- References to include and including are to be construed without limitation and references to a party include its successors and permitted assigns.