1. The Customer appoints Moocar Pty Ltd ACN (Moocar) as its agent to purchase the vehicle that meets the description set out in Section A (Vehicle) at or below the Vehicle Price, from a licensed motor vehicle dealer in Australia (Motor Vehicle Dealer).
2. The Customer acknowledges that upon receiving this signed Agency Appointment and Order Form (Agreement) from the Customer:
a. Moocar will take steps to purchase the Vehicle as the agent of the Customer from a Motor Vehicle Dealer at or below the Vehicle Price.
b. the agency appointment is irrevocable but will terminate at the end of this Agreement; and
c. the Customer must accept delivery of any Vehicle procured by Moocar as its agent, in accordance with this Agreement.
3. The Estimated Delivery Date is an estimate only. Moocar does not guarantee or represent that the Vehicle will be delivered on that date.
4. Moocar will notify the Customer when the Vehicle is available for delivery, and the customer must nominate a time within the following 7 calendar days when it is available to take delivery of the Vehicle.
5. The Customer must pay the Deposit to Moocar on or before its execution of this Agreement.
6. Prior to taking delivery of the Vehicle, the Customer must pay to Moocar:
a. The vehicle Price; $
b. The procurement Fee; $
c. the price for Options, less any Deposit already paid (described above as the Total Amount Payable); $
7. Moocar will retain for its own benefit the Procurement Fee and the agreed price, with the delivering dealer for Options/Extras (which Moocar will supply to the Customer).
8. Before taking delivery or by the agreed date in writing, of the Vehicle the Customer must deliver to Moocar’s motor vehicle wholesaler any agreed trade-in vehicle, together with all accessories, extras and attachments fitted at the time of valuation. If:
a. at the time of delivery, the trade-in vehicle is in a worse condition compared to when it was valued by Moocar [ordinary wear and tear excluded); or
b. the duration between the time of the valuation of the trade-in vehicle and delivery of the Vehicle is greater than 4 weeks, Moocar may request that the customer agree to a reduced trade-in-value reflective of the current value of the trade-in vehicle. If the parties cannot agree on a reduced price within 3 business days, either party may terminate this Agreement. If this occurs the Deposit and any other moneys paid by the Customer under this Agreement will be refunded in full.
9. Provided that the Customer has paid the Total Amount Payable to Moocar in cleared funds, title to the Vehicle will pass from the Motor Vehicle Dealer to the Customer at the time of delivery. Moocar undertakes to forward to the Motor Vehicle Dealer the Vehicle Price.
10. Subject to law, effective on its execution of this Agreement, the Customer waives any right it must terminate this Agreement pursuant to any statutory cooling off right it is entitled to
(if any), in any State or Territory of Australia.
11. If the Customer refuses or fails to take delivery of the Vehicle (including because the customer has been unable to obtain or maintain its finance approval) or otherwise breaches this Agreement and does not remedy that breach within 2 business days of being requested to do so in writing by Moocar, Moocar may terminate this Agreement by written notice to the Customer. If that occurs:
a. any Deposit paid or payable by the Customer up to 10% of the Vehicle Price may be retained by Moocar, or if not paid to Moocar, must be immediately paid by the Customer to Moocar in cleared funds (Forfeited Amount); and
b. the Customer agrees to indemnify Moocar for all costs, losses and damage caused to Moocar because of or in connection with its breach of this Agreement, which exceeds the Forfeited Amount, except to the extent that the loss was due to an act or omission of Moocar, its employees or agents.
12. Either party may terminate this Agreement by written notice to the other if Moocar has not notified the Customer under clause 4 that the Vehicle is available for delivery within 1 month of the Estimated Delivery Date, or otherwise notifies the Customer in writing that it will be unable to do so. If this occurs the Deposit and any other moneys paid by the Customer under this Agreement will be refunded in full.
13. Moocar will collect, use and store your personal information in accordance with our privacy policy
14. Any variation of this Agreement will have no effect unless made in writing and signed by the parties.
15. The parties acknowledge that Moocar is only a facilitator/agent for the Customer and a Car Dealer and has no responsibility for the condition of the car nor any warranties given, or representations made by the Car Dealer. The delivering dealer and the car manufacturer are responsible and all new vehicles sold come with the Manufacturers new car warranties.
In acknowledging this, the Customer agrees that all complaints or claims in relation to the condition of the car, breach of warranties or representations will be directed solely to the dealer and the Customer will indemnify Moocar for any losses incurred by Moocar, in the event of a claim against Moocar, in this regard. Having said that, Moocar will use its best endeavors to assist the customer in any such claim.
16. The law of New South Wales govern this Agreement. The parties submit to the jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.