(a.)The Service enables Eligible Consumers to receive a conditional quote (Conditional Quote) for the trade-in of their vehicle (Trade-In Vehicle) from a participating third party motor vehicle wholesale dealer (Dealer), when You purchase an Eligible New Vehicle from the Dealer. The price or price range set out in the Conditional Quote (Conditional Quote Price) will be provided subject to Your Trade-In Vehicle meeting the conditions set out in item (g) below, including that the vehicle is in Acceptable Condition (as defined in 5(g) below).
(b.)If You accept the Conditional Quote Price and proceed with the purchase of an Eligible New Vehicle, and Your Trade-In Vehicle meets the conditions, the Conditional Quote Price (including any adjustments) will be applied against the purchase price of the Eligible New Vehicle by the Dealer, and is not redeemable for cash. However, if the Conditional Quote Price exceeds the purchase price of the Eligible New Vehicle, the Dealer will pay You the difference in cash. This obligation applies only to the difference between the Conditional Quote Price and the Eligible New Vehicle purchase price and does not entitle You to redeem the Conditional Quote Price itself for cash. You may choose a different Eligible New Vehicle than You originally enquired on, provided You proceed with the purchase of at least one Eligible New Vehicle.
(c.)The Conditional Quote Price has been determined based on information supplied by You in relation to Your Trade-In Vehicle and other information which is supplied by motor vehicle dealers, motor vehicle manufacturers and other private consumers including sales data of similar vehicles. You should undertake Your own investigations and enquiries to determine whether the Conditional Quote Price provided to You is a fair and reasonable price for the sale of Your Trade-In Vehicle in the circumstances. You acknowledge that carsales and the Dealer are not making any recommendation to You to take any action regarding the sale of Your Trade-In Vehicle.
(d.)The Conditional Quote will be valid for 7 days (or such other period indicated to You) from date of issue and will expire at the date notified to You in the Conditional Quote (Acceptance Period). To accept the Conditional Quote, You must submit a trade-in enquiry on an Eligible New Vehicle (Trade-In Enquiry) during the Acceptance Period. If you do so, the Dealer will, subject to these Terms and Conditions (including any inspection requirements), honour the Conditional Quote Price for 30 days from the date of Your Trade-In Enquiry, provided the Eligible New Vehicle remains available, during which you must arrange to have Your Trade-In Vehicle inspected by the Dealer in accordance with the instructions advised to You by carsales and as agreed between You and the Dealer. If you do not submit a Trade-In Enquiry during the Acceptance Period, You may request a new Conditional Quote, which will be subject to then-current pricing and conditions.
(e.)carsales will send Your name, address, contact details and Trade-In Vehicle details to the Dealer to enable the Dealer to conduct fraud and vehicle related searches and to contact You in relation to the Conditional Quote and any subsequent offer to trade-in Your Trade-In Vehicle. See clause 12 for further information on privacy.
(f.)If You have paid for and published Your Trade-In Vehicle for sale in an Ad as a private consumer Your Ad will remain on the carsales Website and you are responsible for removing Your Ad. The Conditional Quote is confidential to you and must not be disclosed to any person without carsales’ prior written approval which shall not be unreasonably withheld.
(g.)The Dealer will undertake the inspection of Your Trade-In Vehicle at the location specified by the Dealer. The inspection is undertaken by the Dealer (as applicable) for the information of the Dealer only. You will not receive a copy of the inspection report or a roadworthy certificate and, to the extent permissible under applicable law, the Dealer will not be liable to You for any claim, loss or damage relating to the inspection services.
(h.)Following inspection of Your Trade-In Vehicle, and provided You proceed with the purchase of an Eligible New Vehicle, the Dealer will agree to purchase Your Trade-In Vehicle for the Conditional Quote Price unless the Dealer determines that Your Trade-In Vehicle is not in an Acceptable Condition. A guide to the meaning of “Acceptable Condition” is contained in Appendix A to these terms. If the Dealer determines that Your Trade-In Vehicle is not in an Acceptable Condition, then the Dealer may elect to withdraw its offer for the trade-in at the Conditional Quote Price and may (but is not obliged to) provide You with a revised offer to trade-in Your Trade-In Vehicle at a new price based on:
(i.)the cost of repairs
(ii.)the accurate details of the vehicle
(iii.)any other matter which is likely to have a material impact on the value of the vehicle to a purchaser; or
(iv.)any combination of the above (Revised Price).
(i.)No contract of sale is formed between You and Dealer through Your use of the Service. You must separately enter into an agreement with Dealer for the sale of Your Trade-In Vehicle and purchase of an Eligible New Vehicle. You acknowledge and agree that any contract or agreement for the sale of Your Trade-In Vehicle or purchase of an Eligible New Vehicle that may occur as a result of Your use of the Service is between You and Dealer, and carsales is not a party to, nor bears any responsibility for such transaction except to the extent required by law. You agree that You will act in good faith towards Dealer in negotiating and finalising the sale of Your Trade-In Vehicle and purchase of the Eligible New Vehicle following Your acceptance of the Conditional Quote.
(j.)The Dealer may withdraw any offer to trade-in Your Trade-In Vehicle if the vehicle is not substantially in the same condition on the date of delivery or collection as it was at the date of inspection e.g. new damage or significantly increased odometer reading (over 3,000km). Please notify carsales of any such changes promptly to avoid Your inconvenience.
(k.)You acknowledge that carsales and the Dealer may send You communications in relation to Your use of the Service, to provide You with further conditional or unconditional quotes for the trade-in of Your Trade-In Vehicle and to conduct surveys in relation to Your use of the Service.
(l.)If the Dealer offers a Dealer Bonus in connection with the Services, the Dealer Bonus will be applied against the purchase price of the Eligible New Vehicle, in addition to the Conditional Quote, provided You proceed with the purchase of an Eligible New Vehicle from the Dealer. The Dealer Bonus will not be adjusted based on the condition of Your Trade-In Vehicle; and is not redeemable for cash and cannot be exchanged for any other benefit.