MR Kamran Contract
MR Kamran Contract
MR Kamran Contract
DETAILS OF CONTRACT
Thank you for choosing a Toyota as your new vehicle. We know just how exciting that new car feeling is!
Right now, we're experiencing some delays in production. This is a cumulation of strong demand for this vehicle
and global supply challenges. We are working closely with our partners to improve the situation. We understand
that the wait is not ideal, and we appreciate your patience. From everyone here at Toyota, thank you once again.
1. You have ordered the vehicle described in this contract at the price shown in this contract.
2. Due to extended wait times, currently estimated to be [ 04/2024 ] for the vehicle at this Dealership:
a. the vehicle described in this contract is not likely to be available at the time of delivery; and
b. the vehicle we can offer you and the price you will need to pay, is likely to differ from the vehicle
described in this contract. This may be based on specification changes, model updates or any general
price increases due to factors such as rising manufacturing and shipping costs, during the waiting
period.
3. We are unable to tell you today what potential future specification changes are or how much the price of the
vehicle will increase. That’s because there are many variables, including the kind of vehicle, its stage in the
model cycle, the grade, the powertrain and even the colour. Many of these variables will change during the
extended wait time.
4. When we do know the specification changes (if any), the new Recommended Retail Price, and we have
better visibility on the delivery date of the vehicle, we will advise you and make you an offer to purchase the
vehicle along with any accessories (or other options) you would like to order.
5. At that time, you can review the offer, which will factor in applicable taxes, statutory duties, any accessories
and other options. Then, subject to agreeing on the final price:
a. If you wish to proceed, we can enter into a new sales contract for that vehicle at the final agreed
price. The new sales contract will replace this contract and we can transfer your deposit to the new
contract.
b. If the final price is not agreed and/or we do not enter into a new contract within 14 days of us
advising you in writing, of the likely delivery date, specifications and Recommended Retail Price, this
contract will automatically terminate and we will refund your deposit.
6. If you wish to enter into this contract on this basis, please sign this acknowledgement notice to confirm you
understand and agree to these terms.
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AGREEMENT FOR SALE OF NEW MOTOR VEHICLE
Le Mans Toyota
770 Ballarat Road, Deer Park, VIC 3023 Ph:0383633000
ACN: 620 982 694 ABN: 91 620 982 694 DEALER LIC: LMVD12080
AGREEMENT ID: 92790 ( 7) SALES REP: Duy Vu
DETAILS OF PURCHASER
CUSTOMER ID: 79133 FLEET CODE: CUST. P/O:
VEHICLE & ACCESSORY PRICING (All Prices Include GST) VEHICLE PRICING DETAILS (All Prices Include GST)
Sale price of motor vehicle $40,450.00 Dealer Charges $1,895.00
Accessories and Options Complimentary Full Tank of Fuel Included
Factory Options
HV GXL-2WD (SS) Included
Vehicle Colour - Graphite $675.00
Vehicle Trim - Black Fabric (Embossed Pattern Included TOTAL PRICE BEFORE REG. (Inc GST) $43,020.00
Stamp Duty (Calculated On $43,200.00) $1,814.40
Vic Roads Admin/Inspection Fee $37.50
VIC Registration $312.20
VIC Plate - Standard $39.20
CTP $552.20
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From: __________________________________ (or similar type of credit provider) On or before (Approval Date):
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[ ] Lease [ \org1_9b\] Hire Purchaser [ ] Other
\org1_9c\ ___________________________
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'Accessories' means the accessories (if any) described in the front of this Agreement under the panel headed
'Accessories and Options'
'Purchase Vehicle', 'Vehicle' or 'motor car' means the Motor Vehicle described in the front of this Agreement under the
panel headed 'Description of Motor Vehicle'.
'Trade-in Vehicle' means the Motor Vehicle described In the front of this Agreement under the panel headed 'Trade-In
Motor Vehicle Particulars'.
'Purchaser' means the Purchaser described in the front of this Agreement and shall include the heirs, executors and
assignees of the Purchaser.
'The Seller' or 'motor car trader' means the Trader described in the front of this Agreement.
'Agreement' means this Agreement which Is comprised of the front page hereof and this page.
'PPSA' means the Personal Properties Security Act 2009 (Cth) and its associated Regulations as amended.
2. General
(1) The Seller agrees to sell to the Purchaser and the Purchaser agrees to purchase from the
Seller the Purchase Vehicle and Accessories on the terms and conditions set out in this
Agreement including in the Schedules.
(2) This Agreement including any amendments and Schedules comprise the entire agreement between the Parties
regarding the sale of the Purchase Vehicle and Accessories and supersede any previous terms and
conditions, representations, agreements or arrangements between the Parties in relation to the sale of the
Purchase Vehicle and Accessories.
(3) If the Purchaser so notifies the Trader that the Purchaser wishes to be released from this Agreement, the Purchaser
will be released from the Agreement 3 business days after such notification UNLESS during that time the Trader
withdraws the original price Increase notification. If the Trader so withdraws the original price Increase notification, the
Agreement will continue and the Purchaser will only be required to pay the total price shown on the front page of this
Agreement.
5. Payment
(1) Where In this Agreement a receipt is not provided In the panel headed 'Terms of Settlement' on the front of this
Agreement then this Agreement shall be deemed to constitute a duly given receipt for the amount stated.
(2) If the Purchaser fails to make any payment as provided for in this Agreement on the due date for such payment then
the Purchaser shall pay to the Trader Interest on such amount until payment of such amount at a rate equal to the
rate fixed under Section 2 of the Penalty Interest Rates Ad 1983 plus 5% providing the total amount of such Interest
shall not exceed an amount equal to 5% of the purchase price of the Purchase Vehicle.
VICTORIA
7. Retention of Title
(1) It is expressly agreed between the purchaser and the seller that the title to the Purchase Vehicle and
Accessories in no circumstances passes to the Purchaser until the Seller has received full and cleared
payment for the Purchase Vehicle and Accessories as provided in this Agreement.
(2) Until the Seller has received full and cleared payment for the Purchase Vehicle the Seller is entitled to
the immediate possession of the Purchase Vehicle without notice to the Purchaser and the Purchaser
herby authorises the Seller to enter into any premises owned or controlled by the Purchaser for the
purpose of repossessing the Purchase Vehicle.
(3) If the Purchaser is in default under this Agreement the seller may at his option notwithstanding that title
in the Purchase Vehicle has not passed to the Purchaser and insofar as is possible by law claim and
recover the balance of any monies outstanding under this Agreement and any expenses and costs and
Interest incurred as a consequence of the Purchaser’s default.
(2) If the Purchase Vehicle as delivered differs from the description of the Purchase Vehicle contained in the
Agreement in a way that:
(a) is not descibed in paragraph (a) above; or
(b) does not affect the value of the Purchase Vehicle by more than 7.5% of the purchase price, then
the parties agree that any remedy available to the Purchaser in respect of this difference shall be limited
to an adjustment of the purchase price by an amount equivalent to the difference between the
recommended retail price of the Purchase Vehicle as delivered and the recommended retail price of the
Purchase Vehicle as described in the Agreement
(3) In the event that the manufacturer, distributor or importer as the source of original supply goes into
Liquidation, Administration, a Receiver is appointed, or ceases to trade then it is acknowledged that:
(a) Responsibility for the Trader to provide repairs under the manufacturer’s express warranty will cease;
and
(b) Any claims for reimbursement or compensation in relation to the manufacturer’s express warranty are
to be made directly with the representative acting on behalf of the manufacturer.
Nothing in this clause affects the Purchaser’s rights under any statutory guarantees or warranties that may
apply including without limitation the Australian Consumer Law (Victoria).
15. Termination
(1) Where this Agreement is lawfully terminated by the Seller due to a breach of this Agreement by the
Purchaser then:
(a) The Purchaser shall forfeit the amount stated in this Agreement to the Seller provided that amount
does not exceed 5 per cent of the total purchase price;
(b) Where an amount has been paid towards the purchase price and that amount exceeds the forfeitable
amount then the Seller shall:
(i) Refund to the Purchaser so much of the amount paid that exceeds the forfeitable amount; and
(ii) Return any Trade-in Vehicle to the Purchaser; and
(c) Where an amount has been paid towards the purchase price and that amount does not provide the
Seller with the forfeitable amount and a Trade-in Vehicle has been delivered to the Seller then the
Trade-in Vehicle may be forfeited to the Seller and the Purchaser credited with the net trade-in
allowance. If this amount and any other amount paid by the Purchaser exceeds the forfeitable
amount then the excess shall be refunded to the Purchaser.
(2) Where this Agreement is lawfully terminated by the Purchaser due to a breach of this Agreement by the
Seller, the Seller must:
(a) Refund to the Purchaser all money paid by or on behalf of the Purchaser; and
(b) Return any Trade-in Vehicle to the Purchaser.
(3) Where this Agreement is lawfully terminated by either to Purchaser or the Seller under clause 12 for any
reason other than a breach of this Agreement then the Seller shall:
(a) Refund to the Purchaser all money paid by or on behalf of the Purchaser; and
(b) Return any Trade-in Vehicle to the Purchaser.
VICTORIA
(4) Where this Agreement provides for the Seller to return any Trade-in Vehicle to the Purchaser but the Seller
has, with the prior written consent of the Purchaser, sold or agreed to sell the Trade-in Vehicle then this
Agreement will be complied with if the Seller pays to the Purchaser:
(a) An amount equal to the net trade-in allowance; or
(b) Where the Purchaser or Seller had agreed on a value as the fair market value of the Trade-in Vehicle that
agreed value less any trade-in payout made or to be made by the Seller.
(5) Where the Seller returns any Trade-in Vehicle to the Purchaser and the Seller has carried out repairs on the
vehicle with the consent of the Purchaser then the Seller shall be entitled to an amount equal to the
reasonable cost of those repairs.
(6) Where either the Purchaser or Seller wishes to terminate this Agreement in accordance with this clause they
must give written notice to the other party of the decision to terminate.
(7) Nothing in this clause affects the rights and duties conferred by section 43 of the Motor Car Traders Act 1986.
We are always striving to improve how we treat our customers and staff. If you have any feedback on your experience today,
we would like to hear about it. Call us on 1800 073 702.
IMPORTANT - READ THIS DOCUMENT CAREFULLY BEFORE YOU SIGN IT. THIS DOCUMENT BECOMES
A LEGALLY BINDING CONTRACT UPON ACCEPTANCE BY THE DEALER.
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• their contractors or agents in Australia and overseas*, and Toyota Toyota Finance
Motor Corporation Japan (parent company of Toyota Australia and
Toyota Finance), to fulfil any of the purposes above; Phone: 137 200
• Toyota entities overseas such as Toyota Connected Europe (in Email: financeprivacy@toyota.com.au
the UK) and Toyota Motors North America (in the USA) to support Post: Toyota Finance Customer Solutions Centre
provision of Connected Services in Australia; PO Box 1354, Macquarie Centre, NSW 2113
• financial institutions for payment purposes;
• other third parties so they can supply you with products or Toyota Insurance
services you require; and
• government authorities, for example for vehicle registration and Phone: For information regarding your insurance policy or to make a claim:
compulsory third party insurance purposes. 1300 658 027
For privacy enquiries: 137 200
* Some of these contractors and agents are located overseas, Fax: (03) 9867 3640
including in Singapore, United States of America, United Kingdom Post: Toyota Insurance PO Box 7212, Melbourne VIC 3004
and Sweden, and as a result your personal information may be Email: insurance@toyota.com.au
disclosed overseas. Web: toyotainsurance.com.au
If you do not provide The Dealer particular information, The Dealer Toyota WA
and/or other OneToyota organisations may not be able to consider
your request, provide products or services to you or perform their Phone: (08) 9268 8844
warranty obligations. Email: toyotawa@toyotawa.com.au
Fax: (08) 9221 2964
The Privacy Policies of Toyota Australia and Toyota Finance
(combined policy), Toyota Insurance and Toyota WA are each
available at toyota.com.au/privacy. The Dealer's Privacy Policy is
available from its website. The Dealer can provide you printed
copies of these policies if you request.
Schedule 2
To end the Agreement within this time, you must give the motor car trader or the motor car trader's agent
written notice that you are terminating the Agreement.
If you end the Agreement in this way, you are entitled to a refund of all the money you paid EXCEPT:
(a) $400 or 2 per cent of the purchase price (whichever is greater) where this is not an off-trade
premises sale; or
(b) $100 or 1 per cent of the purchase price (whichever is greater) where this is an off-trade premises
sale. An "off-trade premises" sale is one in which you agree to purchase the car while you are at home
or at your workplace and you did not ask for the Agreement to be signed at your home or workplace.
IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD,
YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF