1. Definitions
    1. 1.1. Agreement means the binding agreement between Whole Sale Vehicle Auctions and the Customer, the terms of which are contained in this Terms and Conditions document.
    2. 1.2.Agreement means the binding agreement between Whole Sale Vehicle Auctions and the Customer, the terms of which are contained in this Terms and Conditions document.
    3. 1.2. Auction Fee means the Auction Fee charged by Whole Sale Vehicle Auctions if Whole Sale Vehicle Auctions successfully purchases a Vehicle on behalf of the Customer at an auction.
    4. 1.3. Authorised Amount means the monetary amount nominated by the Customer as the total amount that the Customer is willing to spend (inclusive of the Auction Fee) to purchase a Vehicle (exclusive of Stamp Duty, storage, transport or registration fees or any other charges incurred by Whole Sale Vehicle Auctions on behalf of the Customer.)
    5. 1.4. Contract Date means the date on which the Online Application Form and Membership Fee is submitted by the Customer.
    6. 1.5. Customer means the natural person or entity named as the Customer in the Online Application Form.
    7. 1.6. Membership Fee means the fee charged by Whole Sale Vehicle Auctions upon lodging the Online Application Form in the amount of $682.00 including GST.
    8. 1.7. Nominated Credit Card means the credit card nominated by the Customer the details of which are entered into the Online Application Form.
    9. 1.8. Online Application Form means the online application form completed by the customer when registering to use Whole Sale Vehicle Auctions Services.
    10. 1.9. Interest means an interest rate of 10% per annum.
    11. 1.10. Purchase Invoice means the invoice issued by Whole Sale Vehicle Auctions Services to the Customer for the purchase price of the Vehicle and applicable fees and costs as detailed herein, after having successfully purchased the Vehicle at auction.
    12. 1.11. Services means the services provided by Whole Sale Vehicle Auctions to the Customer detailed in these Terms and Conditions.
    13. 1.12. Stamp Duty means any tax or duty payable on the dutiable value of the successfully purchased Vehicle.
    14. 1.13. Whole Sale Vehicle Auctions means [Full business or company name].
    15. 1.14. Vehicle means any specific Vehicle that the Customer requests Whole Sale Vehicle Auctions to purchase (or attempt to purchase) on the Customer’s behalf.
  2. Execution of Agreement
    1. 2.1. The Customer agrees that upon filling out and submitting the Online Application Form and paying the Membership Fee they become bound to this Agreement.
    2. 2.2. By completing the Online Application Form and paying the Membership Fee the Customer confirms and warrants that they have read these Terms and Conditions and fully understands their effect.
  3. Services provided by Whole Sale Vehicle Auctions
    1. 3.1. Whole Sale Vehicle Auctions will provide the Customer with the Services as soon as practicable after the Contract Date, or by a date agreed in writing between the parties.
    2. 3.2. Whole Sale Vehicle Auctions may at any time extend the agreed due date for the Service, if necessary.
    3. 3.3. Upon submitting the Online Application Form and payment of the Membership Fee by the Customer to Whole Sale Vehicle Auctions, Whole Sale Vehicle Auctions will thereafter attend to the following:
      1. 3.3.1. Attempt to source Vehicles that meet the requirements stated in the Customer’s Online Application Form;
      2. 3.3.2. Bring to the Customer’s attention any Vehicles that have been sourced that meet the Customer’s requirements;
      3. 3.3.3. Provide the Customer with one inspection report regarding the Vehicles sourced and/or inspected on their behalf. The Customer acknowledges that Whole Sale Vehicle Auctions is not obliged to provide more than one inspection report to them and cannot guarantee that the Vehicle that is the subject of an inspection report remains available for purchase after the inspection report is provided to the Customer.
    4. 3.4. The Customer acknowledges that should they wish to purchase a Vehicle sourced by Whole Sale Vehicle Auctions, they will need to engage Whole Sale Vehicle Auctions to purchase the Vehicle and will be responsible for the cost and fees associated with purchasing the Vehicle.
    5. 3.5. If the Customer wishes to purchase a Vehicle sourced by Whole Sale Vehicle Auctions, they must communicate their offer in writing to Whole Sale Vehicle Auctions that they wish for Whole Sale Vehicle Auctions to attempt to purchase the Vehicle. Whole Sale Vehicle Auctions may, at their sole discretion, decline to purchase, or attempt to purchase, the Vehicle for the Customer.
    6. 3.6. Provided Whole Sale Vehicle Auctions agrees to attempt to purchase a Vehicle for the Customer:
      1. 3.6.1. Whole Sale Vehicle Auctions will attend to the auction and negotiate a price or place bids on the selected Vehicle on the Customer’s behalf and up to the Authorised Amount, inclusive of any Auction Fee;
      2. 3.6.2. The Auction Fee is payable by the Customer if Whole Sale Vehicle Auctions is successful in purchasing the Vehicle on the Customer’s behalf;
      3. 3.6.3. The Parties acknowledge and agree that Whole Sale Vehicle Auctions may, at its discretion, either attempt to purchase the Vehicle under the hammer at auctions/wholesalers or, if possible, directly from the wholesaler by negotiation;
      4. 3.6.4. If Whole Sale Vehicle Auctions bid to purchase the Vehicle is successful:-
      5. 3.6.4.1. the Customer immediately will be charged $500.00 from the Customer’s Nominated Credit Card; and
      6. 3.6.4.2. the Customer will be required to pay any outstanding fees or charges for the purchase of the Vehicle to Whole Sale Vehicle Auctions within 48 hours of Wholesale Vehicle Auctions notifying the Customer of the purchase.
    7. 3.7. The Customer is liable to pay Whole Sale Vehicle Auctions for the purchase price of the Vehicle, provided the purchase price of the Vehicle does not exceed the Authorised Amount.
    8. 3.8. In addition to the purchase price, the Customer is also liable to pay Whole Sale Vehicle Auctions for the safety certificate plus all transfer fees and any duties. The cost of the Safety Certificate is approximately $88, which will be organised by Whole Sale Vehicle Auctions.
    9. 3.9. Within 48 hours of Whole Sale Vehicle Auctions notifying the Customer of the purchase, the Customer must do all things necessary to:
      1. 3.9.1. pay the outstanding purchase price as provided for in the Purchase Invoice;
      2. 3.9.2. confirm, in writing, whether they elect to have the Vehicle delivered to them or collected from Whole Sale Vehicle Auctions’ premises;
      3. 3.9.3. if an election for delivery of the Vehicle is made, pay any delivery fees or charges as provided for in any invoice issued by Whole Sale Vehicle Auctions;
      4. 3.9.4. sign and return any documents issued by Whole Sale Vehicle Auctions for the transfer of the Vehicle’s title and/or registration; and
      5. 3.9.5. pay any Stamp Duty applicable to the Vehicle upon transfer of the Vehicle’s title.
    10. 3.10. A failure to make payment on any applicable delivery fees and/or Stamp Duty in accordance with clauses 3.9.3 and 3.9.5 herein will result in a penalty accruing daily.
    11. 3.11. In the event the Customer fails to make payment of the outstanding purchase price, the Customer hereby irrevocably authorises Whole Sale Vehicle Auctions to debit the Customer’s Nominated Credit Card for any monies owing to Whole Sale Vehicle Auctions as a result of purchasing the Vehicle on the Customer’s behalf.
    12. 3.12. In the event the Customer fails to do all things necessary to transfer the Vehicle’s title pursuant to clause 3.9.4 herein, Whole Sale Vehicle Auctions reserves the right to transfer the Vehicle to the Customer on their behalf and to recover the cost of doing so from the Customer, pursuant to clause 5.4 herein.
    13. 3.13. The Customer acknowledges and agrees that, as at the date the Vehicle is purchased the Vehicle is at the risk of the Customer and the Customer is responsible for any loss or damage as soon as Whole Sale Vehicle Auctions takes possession of the Vehicle.
    14. 3.14. In the event the Customer fails to comply with the obligations under clause 3.9.1-5 and Whole Sale Vehicle Auctions is unable to obtain payment of the outstanding fees/charges under clause 3.11, Whole Sale Vehicle Auctions retains the right to refuse transfer of the Vehicle and seek to recover any loss suffered as a result of the Customer’s breach.
    15. 3.15. The Customer warrants that upon taking possession of the Vehicle they will:-
      1. 3.15.1. immediately check all fluid levels (oil, water, transmission, brake and clutch);
      2. 3.15.2. have the Vehicle serviced by a competent mechanic within 7 days of taking acceptance of the Vehicle;
      3. 3.15.3. immediately attend to any mechanical work required.
    16. 3.16. In the event that, upon Whole Sale Vehicle Auctions taking possession of the Vehicle, it is apparent that parts are needed to be purchased in order to make the Vehicle road worthy, the Customer is liable for the cost of those parts.
    17. 3.17. In the event that the Customer does not arrange for the title and registration of the Vehicle to be transferred to the Customer (or its nominated entity/person) within a reasonable time frame, Whole Sale Vehicle Auctions may take steps to arrange the transfer and the Customer is liable to reimburse Whole Sale Vehicle Auctions for the costs associated.
    18. 3.18. The Customer cannot take possession of the Vehicle in circumstances where they have yet to transfer the registration out of Whole Sale Vehicle Auctions name, unless the Customer provides Whole Sale Vehicle Auctions evidence that the customer holds a current driver’s license and the Customer holds third party insurance for the Vehicle.
    19. 3.19. All fines, penalties and toll charges incurred in respect of the Vehicle after the Customer takes possession of the Vehicle are the liability of the Customer and the Customer must, within 2 business days’ notice from Whole Sale Vehicle Auctions of the existence of such costs, reimburse Whole Sale Vehicle Auctions for any fines, penalties and toll charges that Whole Sale Vehicle Auctions is required to pay in circumstances where such costs are incurred prior to the registration being transferred to the Customer. The Customer authorises Whole Sale Vehicle Auctions to debit its Nominated Credit Card Account for any amount which it is obliged to reimburse to Whole Sale Vehicle Auctions under this clause.
    20. 3.20. The Parties agree that Whole Sale Vehicle Auctions will be entitled to charge the Customer Penalty Interest on any amounts owing under this Agreement that are overdue.
    21. 3.21. Whole Sale Vehicle Auctions reserves the right to make a margin on the Vehicle Purchased.
    22. 3.22. The Customer cannot withhold any amount owing to Whole Sale Vehicle Auctions as a result of a set off claim or complaint regarding the Vehicle or service of Whole Sale Vehicle Auctions.
    23. 3.23. The Customer agrees and acknowledges that once it has instructed Whole Sale Vehicle Auctions to attempt to purchase a Vehicle on their behalf they are liable for the costs of the purchase, should the Customer’s bid be successful.
    24. 3.24. Whole Sale Vehicle Auctions gives no warranty as to the time and date by which its Services will be provided. Whole Sale Vehicle Auctions does warrant that, if it has not commenced performing the Services at clause 3.3 within 90 days of the Customer completing the Online Application Form, the Agreement will be at an end.
  4. Associated Charges and Fees
    1. 4.1. The Customer is charged by Whole Sale Vehicle Auctions for its services as follows:-
      1. 4.1.1. the Auction Fee – Each Auction charges different percentages of the winning bid as their fee however WholeSale Vehicle Auctions warrants that the Customer’s winning bid and the Auction Fee together will not exceed the Authorised Amount;
      2. 4.1.2. the Membership Fee – is a fixed amount of $500 including GST.
    2. 4.2. The Membership Fee will be payable on submission by the Customer of the Online Application Form and is not refundable.
    3. 4.3. The Auction Fee will be payable on purchase of any Vehicle at auction as a result of bids or offers placed on the Customer’s behalf.
    4. 4.4. For late payment and holding fees:-
      1. 4.4.1. All fees payable must be paid on the same day once the inspection report is received. A late payment fee of $100 will apply to the Customer if payment isn’t made same day;
      2. 4.4.2. All Purchase Invoices must be paid within 48 hours of issue otherwise a $100 late fee per day thereafter will be applied to the Purchase Invoice;
        1. 4.4.2.1. Where the Customer elects to collect the Vehicle from Whole Sale Vehicle Auction, holding fees of $100 per day will be charged if the car is not collected from Whole Sale Vehicle Auction’s premises within 7 days of the Purchase Invoice having been issued;
      3. 4.4.3. Unless otherwise stated all amounts are exclusive of GST and will be in addition to the amount stated
    5. 4.5. Any payment for the Services made by credit card or electronic means which incurs a surcharge will be passed into the Customer at cost. Any cancellation by the Customer of a credit card payment will be a breach of this Agreement.
    6. 4.6. Whole Sale Vehicle Auctions will be entitled to recover from the Customer all losses, charges, and fees incurred by Whole Sale Vehicle Auctions as a result of such cancellation, in addition to recovery of the cancelled payment.
    7. 4.7. If the Customer fails to pay any amount due under this Agreement, by the due date and time for payment, then:
      1. .4.7.1 Whole Sale Vehicle Auctions may charge the Customer the Interest on the amounts owing;
      2. 4.7.2. Whole Sale Vehicle Auctions may at its discretion suspend performing the Services;
      3. 4.7.3. Whole Sale Vehicle Auctions is entitled to recover any and all expenses it incurs in recovering amounts owing from the Customer including its legal costs on an indemnity basis.
  5. Further Terms and Conditions on Service
    1. 5.1. The Customer is not entitled to assign its rights and obligations under this Agreement.
    2. 5.2. The Customer is not entitled to refuse delivery of a successfully purchased Vehicle of which all applicable fees have been paid.
    3. 5.3. Upon taking possession of the Vehicle the Customer warrants that it has had a proper opportunity to inspect the Vehicle and that the Vehicle is in good working order.
    4. 5.4. The Customer irrevocably appoints Whole Sale Vehicle Auctions as its attorney to:
      1. 5.4.1. execute and lodge the transfer of the Vehicle’s title if the Customer does not comply with clause 3.9.4 herein; and
      2. 5.4.2. execute and lodge the registration of the Vehicle if the Customer does not comply with clause 3.9.4 herein; and
      3. 5.4.3. do all other necessary things to transfer the Vehicle’s title into the Customer’s name and/or register the Vehicle.
    5. 5.5. The Customer warrants that it:-
      1. 5.5.1. has relied on its own advice, enquiries and commercial judgment in offering to purchase any Vehicle through Whole Sale Vehicle Auctions;
      2. 5.5.2. that it does not rely on any oral representation from any Whole Sale Vehicle Auctions representative as to the condition of a Vehicle it offers to purchase.
    6. 5.6. If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in force.
    7. 5.7. This Agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
    8. 5.8. This Agreement contains the entire understanding and agreement between the parties.
    9. 5.9. If either party terminates this Agreement, any amounts owing under the Agreement will continue to be owing to the party entitled to them.
    10. 5.10. You authorise Credit card to be charged All fines and toll charges incurred while the Vehicle is driven by you or the person authorised by you, or while in your possession or control, and before registration is transferred to you will result in a $70 administration fee for each fine, payable to Whole Sale Vehicle Auctions and all fines and toll charges will be payable by you and if not paid by you may be paid by Whole Sale Vehicle Auctions and recoverable from you. If you fail to make any such payment by any due date or time we and you agree we may:
    11. 5.10.1. Charge you, in addition to the recovery of fines and tolls paid on your behalf and any administration fee, interest (at a rate of 10% per annum) on any outstanding amounts if those outstanding amounts remain unpaid for more than seven days from the date of our invoice or when we asked you first to pay them; and/or
    12. 5.10.2. suspend performing the remaining Services until you make payment.