Mail-order is the procedure by which a licensed car dealership agrees to sell a vehicle on behalf of a member of the public. The trader then pays the proceeds of the sale to the former owner minus an agreed commission. A dealer wishing to participate in the sale of shipments must request that this condition be removed from the car dealership license using the Request to Remove Consignment Condition form. 8.1 The dealer is not liable for any losses or damages that may be caused to the vehicle during the shipment, except for: (a) theft, loss or damage that may result from negligence or omission on the part of the distributor or a person acting on behalf of the distributor; or (b) a violation of the Australian Consumer Law (replaced by the Fair Trading Act of 1987) or the Trade Practices Act of 1974, whose liability and remedies cannot be excluded by agreement. 1. Formation 1.1 The signing of this contract by the owner and dealer or a person authorized by the dealership means that an agreement has been reached between the owner and the dealer for the sale of the vehicle on the terms set out in this contract. 1.2 No agreement is reached, unless a copy of this contract is provided to the owner at the time of signing by the owner and merchant or by a person authorized by the distributor. 1.3 The owner grants the dealer the exclusive right to sell the vehicle for the period specified in the contract. 2. Sale price 2.1 The dealer may sell the vehicle at a minimum selling price for the vehicle for more than the agreed amount.
The trader has the right to withhold an amount that goes beyond the minimum selling price to the commission. 3. Count 3.1 If the dealer sells the vehicle, the dealer pays all net receipts to the owner within two business days of receiving the payment. 3.2 If payment is made by cheque for all or part of the sale price of the vehicle, the payment is considered received by the dealer only when the cheque has been honoured. 3.3 The dealer will not release the vehicle to the purchaser until the purchase price has been fully paid to the dealer. 4. Property 4.1 The owner retains ownership and ownership of the vehicle until the purchase price is fully paid to the dealer. 5. Responsible for Repairs 5.1 Under point 8.1, the owner is responsible for the cost of repairing defects or defects found before the sale of the vehicle.
6. Vehicle for unsaleable 6.1 The dealer will notify the owner if the vehicle is declared unfit for sale by a government authority. 6.2 The owner is responsible for any fees or deeds necessary to declare the vehicle marketable or to remove the vehicle from the dealer`s site. 7. Payment for repairs 7.1 The dealer does not perform any work on the vehicle without the owner`s prior written consent. The owner may authorize the dealer to deduct the repair costs of the revenue payable after the sale of the vehicle. 8. Distributor 8.1 The distributor is not liable for any losses or damages that may be caused to the vehicle during the shipment, with the exception of: (a) theft, loss or damage that may result from an involuntary act or omission on the part of the merchant or a person acting on behalf of the distributor; or (b) a violation of the Australian Consumer Law (replaced by the Fair Trading Act of 1987) or the Trade Practices Act of 1974, whose liability and remedies cannot be excluded by agreement. 9. Guarantee Claims 9.1 The dealer is liable for claims arising from the quality or suitability of the vehicle pursuant to the dealer`s legal liability under the Motor Vehicle Dealers Act 1973, the Fair Trading Act 1987 or the Trade Practices Act 1974. 9.2 The merchant cannot claim to the owner the costs incurred for such repairs, either directly or as a deduction of the total net revenue held in a receiver account.