DIAMOND CARE CARS - TERMS AND CONDITIONS

DEALER BUYERS AGREEMENT

Agreement Purpose

This agreement applies to the access, operation and purchase of vehicles by authorised buyers from the "Mitsubishi Diamond Care Cars" including mitsubishi.cars.com.au and (associated web sites) sites as well as the physical sale process for these same vehicles.

Site Operator - carsales.com.au

carsales.com.au Limited acts only as a technology and services provider to MMAL to operate the "Mitsubishi Diamond Care Cars".
No guarantees or undertakings are made by carsales.com.au in respect of the vehicles offered for sale.
carsales.com.au accepts no responsibility for losses or damages in respect to the provision of the services or products offered for sale on the service.
carsales.com.au will not be liable for the misplacement, amendment or omission or failure to publish data about the vehicle.
carsales.com.au Limited will operate a customer support desk for technical and site operation assistance.

Vehicle Seller - MMAL

Is the owner and seller of vehicles sold on the site.
The vehicles are sold on an as is basis.

Buyer Qualification - "dealer member"/ "staff member"
Is a LMCT dealer licensed to buy and sell vehicles
Has a current "MMAL" new vehicle franchise
Is an employee of the "Buyer Dealership" and has authority to use the approved username & password
Has not had their license or trading arrangements suspended or revoked
Buyer has the legal capacity to purchase the vehicles offered for sale, and will not be breaching any law in purchasing those vehicles.
Or
Is an MMAL employee, approved by MMAL management to access the vehicles listed and make an offer to purchase.

Buyer Operation Guidelines
The buyer does not disclose their approved username & password to non 'dealer members' unless approved to do so in writing, by the site operator
Buyers understand that electronic services/vehicle sales can be suspended/withheld at the Vehicle Sellers discretion.

Buyer Obligations
An electronic offer to buy a nominated vehicle is binding on the buyer.
The buyer must arrange payment via his new car finance company using the same system of funds transfer.
Delivery charges are to be paid by the buyer at the prescribed rates.(As for new cars)

Seller Obligations
Provide an accurate description of the vehicle offered for sale.
The seller is obliged to document a vehicle is sold on the site or remove it from sale as soon as it has received an approved electronic sales order.
The seller will provide vehicle transportation services in line with the new vehicle delivery process.
Document the standard delivery rates based on location.
MMAL will accept payment for vehicles via the existing vehicle finance/payment processes in place for new vehicles, or such payment proof that is acceptable to MMAL.

Completion of Sale

An e-mail is generated to document:
to the BUYER and SELLER that an electronic sales order has been generated.
SELLER will generate a confirmation of receipt of order to the BUYER and remove the vehicle from sale.
BUYERS without automatic finance release will need to provide a finance company manual release number to confirm PAYMENT process.
SELLER (or their agent) will confirm vehicle shipment.

What Law governs this agreement ?

This agreement is governed by and construed in accordance with the laws of the state of South Australia and the parties irrevocably submit to the exclusive jurisdiction of courts in that state.

carsales.com.au limits its liability

Except as otherwise stated in this agreement, carsales.com.au will be under no liability to anyone in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect to the goods and services supplied pursuant to this agreement or in respect of any failure or omission on part of carsales.com.au to comply with its obligations under this agreement or any negligent act or omission of carsales.com.au

General

This agreement is made ancillary to the MMAL Dealer Agreement and nothing in this agreement is to be interpreted as varying the terms and conditions of the MMAL Dealer Agreement.