AP Eagers Approved Wholesaler and Vehicle
Purchaser Submission Form
By clicking the (I AGREE TICK BOX) I accept the below Terms
& Conditions when bidding online in the AP Eagers Wholesale Portal.
TERMS &
CONDITIONS FOR TENDERING AND PURCHASING VEHICLES THROUGH THE AP EAGERS
WHOLESALE PORTAL.
A. I declare the
information provided by me on the Buyer Registration Card is correct.
B. I declare I am
authorised to act on behalf of any party nominated on the Buyer Registration
Card in relation to any Items for which I may bid, or subsequently buy.
C. I have read
these Terms & Conditions and understand if I submit an offer it is subject
to these Terms & Conditions and any special conditions announced prior to
the AP Eagers Tender. If I am the successful bidder, I acknowledge I am bound
to purchase the Items I have successfully bid for in accordance with these
Terms & Conditions and any special conditions announced prior to the Tender.
1. The bidder
with the highest bid at the Close of the tender will purchase the Item at the
price specified in the bid, subject to Seller acceptance, but if any dispute
arises to the last or highest bid, AP Eagers (at its sole discretion), may re
tender the Item.
2. Each bid
constitutes an irrevocable offer by the bidder to purchase the Item at the
specified price. Once a bid is made, it cannot be revoked and remains open for
acceptance by the by AP Eagers until the Tender is completed.
3. A bid is taken
to be a representation and warranty by the Buyer that the Bid is a genuine
offer to purchase the Item at the price specified. If any member of Ap Eagers
becomes aware of any form of collusive activity by a Buyer, AP Eagers may
terminate the Buyer's right to participate in the Tender, or if the Buyer's Bid
has been accepted by AP Eagers, AP Eagers may terminate any contracts that were
entered into by the Buyer relating to the Bid.
4. All Tender bids
will be inclusive of GST.
5. The Buyer must
disclose to AP Eagers at the time of registration as a Bidder and prior to any
bidding, that there is an intention to purchase an Item for export purposes.
The ability of a Buyer to purchase in this manner is at the discretion of AP
Eagers and subject to the Seller's consent. In the event this type of purchase
is permitted the Buyer is required to comply with all legislated disclosure
requirements and AP Eagers reasonable directions.
6. All bids
submitted must be bona fide and must not be fixed or adjusted in collusion (or
otherwise in accordance with any arrangement or agreement) with any third party
(including but not limited to providing information relating to intended bids
or attempting to manipulate the sale process in any way, or otherwise
contravene or attempt to contravene Part IV of the Competition and Consumer Act
2010 (Cth)).
If AP Eagers becomes aware of any form of collusive activity by a bidder, AP
Eagers may terminate the bidder's right to participate in the Tender, or if AP
Eagers has accepted the bidder's bid, AP Eagers may terminate any contracts
entered into by the bidder relating to the bid.
7. All persons entering AP Eagers premises must conduct themselves in a
courteous manner and observe all directions in relation health and safety
requirements. AP Eagers reserves the right to require anyone, including the
Buyer, to leave the premises prior, during or after a Tender for any reason,
including for health and safety reasons or if any person engages in disruptive,
abusive or intimidating behaviour. If the Buyer engages in any disruptive,
abusive or intimidating behaviour on AP Eagers premises or towards AP Eagers or
its personnel, without limiting any of its other rights, AP Eagers may refuse
to permit the Buyer to participate in any Tender and terminate this Agreement
with immediate effect. Termination by AP Eagers does not release the Buyer
from, or affect, any accrued obligation of the Buyer under this Agreement.
8. AP Eagers may
refuse to accept any bid or withdraw any Item from sale.
9.AP Eagers may
hold a bid and refer such a bid to the Seller before acceptance. In some
circumstances further negotiations may only be held with the highest bidder.
10. In the case
of non-payment by a Buyer (Defaulter), the Item/s may, at the option of AP
Eagers, be re tendered or resold and AP Eagers may in its discretion, refuse to
accept any bid made by the Defaulter.
11. Road Test
Reports may be prepared by AP Eagers as a result of a brief road test
undertaken prior to Trading and are a guide only. No warranty or guarantee
concerning known or unknown faults is given or implied by
Ap Eagers in
relation to the Item/s of the Trade in Report. The Trade in Report covers no
items capable of visual inspection. Vehicles sold with a Trade in Report are
sold subject to these Terms & Conditions including clause 18, which refers
to vehicles being sold with all faults (if any).
12. Risk of
damage to, and loss or destruction of, the Item shall pass to the Buyer
immediately at Tender Close. Subject to clause 20, neither the Seller nor AP
Eagers shall be accountable for any deficiency, damage or loss, which may arise
thereafter except to the extent that the loss is caused by the negligence of AP
Eagers.
13. It is the
Buyer's responsibility to independently verify any information relevant to any
Item important to the Buyer's decision to bid on the Item.
14. Title in the
Item or any part thereof shall not be eligible to pass to the Buyer until AP
Eagers receives clear funds on the full payment for the Item from the Buyer.
Full payment is due and payable by 24 Hours or one business day after the
Tender is drawn. If the Bidder fails to make full payment by 24 Hours one
business day after Tender AP Eagers has the right to cancel the previous
buyer's contract to purchase and re tender the vehicle.
15. The Buyer
cannot collect their Items or any portion thereof, until AP Eagers has clear
funds from the Buyer in accordance with clause 14 (Completion). If Completion
has occurred, the Buyer must take all Items no later than 4:00pm one business
day after Completion.
16. AP Eagers
shall not be responsible for any damage to property or injury to persons
incurred during the removal of Items after Completion except to the extent
caused by the negligence of AP Eagers.
16. Without
limiting any other rights of AP Eagers, if the Buyer commits a material breach
of these Terms & Conditions, any money deposited by the Buyer in part
payment shall be forfeited, all Items may be resold
and the defaulting Buyer must reimburse AP Eagers for all reasonable costs and
charges consequent upon resale.
17. The Buyer
accepts all Items, having been made available for inspection prior to Tender, are
offered for sale �as is, where is' with all faults (if any). The buyer
acknowledges it is also responsible for conducting a search of the PPSR to
ascertain whether any security interests and write off notification are
recorded in relation to the Item.
18. The Buyer
acknowledges any information provided by the seller in relation to any Item
reflects the information provided to the buyer by the Seller. AP Eagers has not
independently verified its completeness or accuracy.
AP Eagers does not give any warranty as to the completeness or accuracy of any
information provided to a Buyer about any Item, including without limitation
any information as to the distance travelled or machine or engine hours and AP
Eagers will not be liable for any loss, damage, cost or expense suffered or incurred
by a Buyer arising out of incorrect or incomplete information. The Buyer agrees
to independently verify any information important to their purchasing decision.
19. The Buyer acknowledges and agrees that catalogues may be subject to change
and update from time to time. AP Eagers reserves the right to withdraw Items
from sale and to clarify any descriptions prior to the commencement of bidding
at Tender.
20.The Buyer
agrees and acknowledges AP Eagers accepts no liability or responsibility to the
Buyer or any third party arising from any indirect or consequential loss,
damage or expense of any kind or nature and the Buyer releases and forever
discharges AP Eagers from any such liabilities and claims, demands or causes of
action in respect thereof.
21. AP Eagers
accepts no responsibility for any interpretation placed upon the information
provided to the Buyer.
22. AP Eagers has
the right to cancel any purchase transaction due to error even if the purchase
price of the Item has been paid. AP Eagers may exercise this right up until the
time the Buyer collects the item(s). If AP Eagers exercises this right, The
Dealer will refund to the Buyer any purchase price that the Buyer has paid.
23. Without
limiting any other right of Ap Eagers may terminate this Agreement:
(a) for
convenience without cause in its absolute discretion by giving reasonable
notice to the Buyer;
(b) immediately
by giving notice to the Buyer, if AP Eagers reasonably suspects the Buyer has
engaged in fraudulent or illegal conduct in relation to the Tender.
24. The Buyer may
cease to remain a Buyer by notice in writing to AP Eagers, provided the Buyer
does not have any active or outstanding bids or sales. Any purported
termination by the Buyer does not release the Buyer from, or affect, any
accrued obligation under this Agreement.
25. On
termination of this Agreement for cause, any amounts owed by the Buyer to AP
Eagers, whether under this Agreement or otherwise become immediately due and payable.
26. All vehicles
are sold as unregistered unless otherwise stated by AP Eagers.
27. Any
deficiency in the Items sold shall not vitiate the sale, but neither the Seller
nor AP Eagers shall be bound to deliver more than is in their possession.
28. A Buyer's
Administration Fee and other fees may be payable by the Buyer on Items
purchased at AP Eagers. The Buyer's Administration Fee and other fees are
specified in the catalogue and on display at AP Eagers premises or website.
Where a fixed dollar amount is specified, the fee is inclusive of GST.
29. AP Eagers may
amend these Terms & Conditions (including any fees charged by AP Eagers to
the Buyer) at any time by giving the Buyer at least 30 days' notice, either by
sending a notice of variation to the Buyer's email or postal address (as set
out on the Buyer Registration Card) or by publishing a notice of the variation
at AP Eagers premises or on AP Eagers Website (Notice of Variation).
�(b) If the Buyer does not notify AP Eagers
within 30 days of a Notice of Variation that the Buyer wishes to terminate this
Agreement, the Buyer agrees to be bound by the Terms & Conditions as
varied.
30. Ap Eagers may
give notice of any matter or permitted to be notified under these Terms &
Conditions by email or post or by posting on Ap Eagers website or at Ap Eagers
Tender premises.
31. Each
indemnity in this document is a continuing obligation, separate and independent
from other obligations of the parties and survives termination of this
document.
32. These Terms
& Conditions represent the entire understanding between parties.
Privacy
47. AP Eagers
protects the privacy of individuals in accordance with the Privacy Act 1988
(Cth) (Privacy Act).
48. The Buyer
agrees that it will only collect, hold, use, disclose or otherwise deal with
any personal information (as defined in the Privacy Act) (Personal Information)
disclosed to it by Buyer for the purpose in which it was disclosed.
49. The Personal Information
collected on the Buyer Registration Card and otherwise in connection with these
Terms & Conditions is collected by Ap Eagers for the purpose of complying
with these Terms & Conditions and may be disclosed to the Seller. AP Eagers
is required and/or authorised to identify the buyers of vehicles under
applicable Commonwealth, State and Territory legislation including the Motor
Car Traders Act, Australian Consumer Law and Fair-Trading Act and Unclaimed
Money Act.
50. AP Eagers may
also use the Personal Information provided by the Bidder and any Buyer
identified on the Buyer Registration Card to contact the Bidder or Buyer for
marketing purposes, as detailed on the Buyer Registration Card.
51. It is not
likely that the Personal Information collected on the Buyer Registration Card
and otherwise in connection with these Terms & Conditions will be disclosed
to any third parties.
52. If the
Personal Information requested on the Buyer Registration Card is not provided,
the Bidder or Buyer may not be able to bid or purchase Items from AP Eagers.
53. AP Eagers
Privacy Policy contains information about how individuals may:
(a) access and
correct the Personal Information held about them by AP Eagers;
(b) complain to AP
Eagers about a breach of privacy and how AP Eagers will deal with such a
complaint.
AP Eagers reserves the right to amend the Terms and Conditions of this form as will be indicated by the latest Version # and date and will be available at www.apeagers.com.au
All ACCOUNTS
ARE STRICTLY COD.
Adtrans Automotive Wholesale Tender
1. Please complete your Company name and Dealer License at the foot of the form.
2. For confidentiality purposes, please ensure your bids are placed in the secured box provided on site.
3. All prices will be taken as firm buy prices, no exceptions.
4. Tender forms will be emailed out on Monday afternoons. Vehicles to be viewed on-site 9:30am-3.00pm Tuesday.
5. Tenders to be in by 3:00pm Tuesday. Successful bidders will be notified the same day.
6. Funds to be paid via EFT within 24 hours from this time. Failure to comply the vehicle will be sold to the next highest bidder.
7. All vehicles will be sold unregistered with known and unknown faults / no returns.
8. Cleared funds must be received by the Adtrans Automotive Group before vehicles will be released.
9. Vehicles won must be paid for and collected by 4:00 pm the following Thursday.
10. Please supply own trade plate as we encourage road testing of these vehicles, due to our No return policy.
11. Whilst all care is taken when compiling this list, it is essential that you verify all details.
12. Please include $20 admin fee on each vehicle purchased.