7-day money back entitlement
These terms and conditions apply to CarPlace’s 7-Day Money Back Entitlement. All contracts for the purchase of vehicles from CarPlace incorporate these terms and conditions. Please review these terms and conditions carefully before purchasing your vehicle.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1. DEFINITIONS
Terms used in These terms and Conditions have the following meanings:
- Accessories means any after-market or dealer-fitted accessories purchased before, or on Delivery.
- CarPlace means CarPlace Automotive Pty Ltd (ACN 657 226 081) and any wholly owned subsidiary of CarPlace.
- Condition Report means a written report on the Vehicle’s condition prepared by CarPlace on or prior to Delivery.
- Delivery means the date upon which the Purchaser takes possession of the Vehicle.
- Finance means any loan or credit provided by any lender to the Purchaser to facilitate purchase of the Vehicle.
- Purchaser means any person who purchases a Vehicle from CarPlace.
- Purchase Contract means the contract for sale of the Vehicle by CarPlace and purchase of the Vehicle by the Purchaser.
- Security means any charge, encumbrance or other security granted by the Purchaser to secure Finance or otherwise.
- Total Purchase Price has the meaning given in the Purchase Contract.
- Terms and Conditions means these terms and conditions.
- Trade-In Vehicle has the meaning given in the Purchase Contract.
- Net Trade-In Value has the meaning given in the Purchase Contract.
- Vehicle has the meaning given in the Purchase Contract.
2. APPLICATION
These Terms and Conditions (as amended under clause 11 from time to time) are incorporated into and form part of any Purchase Contract that CarPlace enters into with a Purchaser.
3. 7-DAY MONEY BACK ENTITLEMENT
The Purchaser has the right to a refund of the Total Purchase Price less Accessories from CarPlace (Refund) in exchange for repurchase of the Vehicle by CarPlace provided that each of the eligibility criteria set out in clause 4 are satisfied (7-Day Money Back Entitlement).
4. ELIGIBILITY
A Purchaser will be eligible to exercise the 7-Day Money Back Entitlement provided that each of the following criteria is satisfied:
- The Purchaser must have paid the Total Purchase Price and any other amounts owing in full to CarPlace.
- Notice of the Purchaser’s intention to exercise the 7-Day Money Back Entitlement must have been given, in writing, to CarPlace within 7 days from Delivery.
- The Vehicle must not have travelled more than 500km from the time of Delivery (Maximum Distance). If a Vehicle has exceeded the Maximum Distance, then CarPlace may (at its sole discretion) either decline the 7-Day Money Back Entitlement or reduce the Refund by $1 for each kilometre by which the Vehicle has exceeded the Maximum Distance.
- Other than kilometrage as provided for under clause 3(c), the Vehicle must be in the same condition as it was when the Purchaser acquired the Vehicle at Delivery, with regard to cleanliness, repair,
wear and tear, and any other factor relevant to a vehicle’s physical condition. The Condition Report will be determinative evidence of the condition in which the Vehicle was supplied to the Purchaser. - Subsequent to Delivery, the Vehicle must not have been involved in any accident or suffered any physical damage, or have caused any damage or injury to any other vehicle, person, or property.
- Subsequent to Delivery (and without limiting the matters set out in clause 3(e)), the Vehicle must not have been subject to hail damage, water damage, fire damage, or partial or total submersion in water.
- The Vehicle must not have been involved in any criminal or unlawful activity.
- The Purchaser must not be the subject of any unresolved or unpaid fines, tolls, charges, fees, costs, allegations, or penalties involving the Vehicle.
- No third party must have acquired any legal, equitable or statutory interest in the Vehicle without CarPlace’s prior written approval.
- The Vehicle must not have been modified or altered without CarPlace’s prior written approval.
- The Purchaser must return any Vehicle keys, accessories, logbooks, and documentation to CarPlace in good condition.
- The Vehicle must have remained registered and/or licensed with any relevant government authority.
- The Purchaser must not have exercised a 7-Day Money Back Entitlement on more than two occasions within the previous twelve months from the date of Delivery.
- The Purchaser must disclose all Material Information concerning the Vehicle.
- The Purchaser must deliver the Vehicle to premises specified by CarPlace for a physical examination of the Vehicle by CarPlace.
- CarPlace must have determined that each of the other criteria in this clause 4 have been either satisfied or waived by CarPlace.
5. DISCLOSURE OF MATERIAL INFORMATION TO CARPLACE
- The Purchaser agrees and acknowledges that they will truthfully and honestly disclose to and not withhold from CarPlace any documents, reports, correspondence, information, or other material which may be relevant to CarPlace’s assessment of the criteria set out in clause 4 (Material Information) prior to exercising the 7-Day Money Back Entitlement.
- The Purchaser agrees and acknowledges that they will not mislead nor deceive CarPlace in respect of any of the criteria set out in clause 4.
- The Purchaser agrees to indemnify and hold CarPlace harmless for any damages, claims, or losses of CarPlace, whether direct or indirect, including non-economic and consequential losses, arising from breach of this clause 4 by the Purchaser.
6. FINANCE NOT COVERED BY 7-DAY MONEY BACK ENTITLEMENT
The 7-Day Money Back Entitlement does not include refund, repayment or compensation for any amounts spent or paid by the Purchaser in respect of Finance. The Purchaser shall be liable for any fees, costs, interest, or other charges arising in respect of cancellation, termination, discharge or removal of any Finance or Security as a result of the Purchaser exercising the 7-Day Money Back Entitlement.
DISCHARGE OF FINANCE
- The Purchaser is solely responsible for ensuring any Finance or Security in respect of the Vehicle is repaid, terminated, discharged or removed as a result of exercise of the 7-Day Money Back Entitlement.
- The Purchaser must do all things necessary to cancel, terminate, discharge or remove any Finance or Security in respect of the Vehicle upon exercise of the 7-Day Money Back Entitlement.
- If the Purchaser exercises the 7-Day Money Back Entitlement and the Vehicle remains the subject of Finance or a Security, then CarPlace may:
(i) pay a portion or all of the Refund directly to the lender or provider of the Finance (instead of the Purchaser) in order to discharge or address any Finance owing on the Vehicle, or to remove any Security; or (ii) refuse to pay the Refund to the Purchaser until the Purchaser has taken such steps or actions as to reasonably satisfy CarPlace that the Finance or Security will be repaid, terminated, discharged or removed.
8. OTHER COSTS NOT COVERED BY 7-DAY MONEY BACK ENTITLEMENT
The 7-Day Money Back Entitlement includes GST paid in respect of the Vehicle but otherwise does not include refund, repayment or compensation for any amounts spent or paid by the Purchaser, including (without limitation) in respect of the following:
- insurance and/or roadside assistance services for the Vehicle;
- Vehicle transport costs, fees, or charges;
- stamp duty, registration fees, and/or any other government charges, duties, costs, taxes, imposts, or fees;
- fuel for the Vehicle;
- Vehicle detailing, servicing or maintenance; or lost wages and other consequential or indirect losses.
9. TRADE-IN VEHICLE RETURN OR COMPENSATION
CarPlace will make reasonable efforts to return any Trade-in Vehicle to the Purchaser, subject to this clause 9, upon exercise of the 7-Day Money Back Entitlement by the Purchaser.
- Any Trade-In Vehicle if returned to the Purchaser will comprise a portion of the Refund equivalent to the Trade-In Value.
- The Purchaser will do all things necessary to effect return of the Trade-In Vehicle to the Purchaser, including completing and executing any form or application for change in registration.
- If CarPlace is subject to a binding contract of sale and purchase in respect of a Trade-In Vehicle, then:
(i) CarPlace is not obliged to return the Trade-In Vehicle to the Purchaser; and
(ii) CarPlace will pay to the Purchaser as part of the Refund a cash amount equivalent to the Net Trade-In Value minus any amount expended by CarPlace in respect of the Trade-In Vehicle subsequent to Delivery.
10. REFUND PROCESSING
CarPlace will pay the Refund to the Purchaser subject to these Terms and Conditions within 7 days from the date of valid exercise of the 7-Day Money Back Entitlement by the Purchaser. Payment of the refund will be effected by electronic funds transfer to a bank account nominated by the Purchaser in writing.
11. AMENDMENT
CarPlace may amend, change, alter, or terminate these Terms and Conditions at any time and for any reason without notice. A Purchaser will be subject to and entitled to the benefit of the Terms and Conditions in force at the time of Delivery, regardless of any subsequent amendment, change, alteration or termination.
12. AUSTRALIAN CONSUMER LAW
Nothing in these Terms or Conditions limits, excludes, impedes or affects any rights or entitlements of the Purchaser under Schedule 2 of the Competition and Consumer Act 2010 (Cth) in respect of the Vehicle or Purchase Contract.
13. OTHER PROVISIONS
- These Terms and Conditions are subject to the same jurisdiction as the Purchase Contract.
- Notice must be given under these Terms and Conditions in accordance with the requirements of the Purchase Contract.
- Times and dates are to be determined in accordance with the Purchase Contract.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- All monetary amounts specified are in Australian dollars.
- In the interpretation of these Terms and Conditions, no rule of construction shall apply to the disadvantage of CarPlace on the basis that CarPlace prepared these Terms and Conditions or seeks to rely on these Terms and Conditions.
- No waiver or indulgence of these Terms and Conditions is binding unless it is in writing. Waiver of a particular term or condition by a party is limited to that term or condition, and does not waive any other term or condition.
3-month warranty
These Terms and Conditions apply to CarPlace's 3-Month Warranty. By purchasing a vehicle from CarPlace, you agree to these Terms. Please review them carefully before completing your purchase.
Warranty coverage
CarPlace offers a 3-month statutory warranty on all vehicles sold, regardless of age or mileage. This warranty starts on the date of delivery and remains valid for:
- 3 months from the delivery date, or
- 5,000 km from the odometer reading at delivery, whichever comes first.
This warranty is non-transferable and only applies to the original purchaser. It does not extend to subsequent owners.
Our warranty provides the same coverage as outlined in the Western Australia and Queensland used car statutory warranties. We’ve detailed the coverage and exclusions below. The applicable state information applies based on where you purchased your vehicle.
Western Australia warranty coverage
Items covered by warranty include, but not limited to the following:
- Seat adjusters, seat mountings, and seat belts
- Speedometer
- Windscreen wipers and washers (excluding blades)
- Heater demister and fan
- Engine defects and serious oil leaks
- Radiator leaks, hoses, fan belts, core damage, and blockages
- Defects and oil leaks in the gearbox or automatic transmission
- Brakes (leaks and serious wear)
- Serious structural rust (in subframe, roof, rocker panels, and door pillars)
- Doors (must open and close from both inside and outside)
- Side windows (must wind up and down)
Items not covered by warranty include, but not limited to the following:
- Surface rust
- Odometer and fuel gauge
- Stereo, radio, and air conditioning
- Battery
- Light globes and sealed units
- Tyres, wheel balance, and alignment
- Spare tyre, jack, and brace
- Damaged or torn upholstery
- Damaged or faded paintwork
Queensland warranty coverage
The Queensland warranty will cover most defects. A vehicle is considered defective if a part:
- Does not function as intended, or
- Is excessively worn and no longer works properly.
Items not covered by warranty include, but are not limited to the following:
- Tyres, tyre tubes, batteries, fitted airbags, or radiator hoses
- Lights (excluding warning or hazard indicator lights)
- Installed radios, tape recorders, or CD players
- Aerials, spark plugs, wiper rubbers, distributor points, oil filters, heater hoses, fuel or air filters
- Paintwork or upholstery
- Air conditioning
Additionally, the warranty does not cover:
- Accidental damage caused by the buyer’s misuse or negligence
- Any modifications or additions made by the buyer after purchase
Repairs under warranty
To make a warranty claim, the buyer must notify CarPlace within 7 days of discovering the defect. CarPlace will inspect the vehicle to determine if repairs or replacements are necessary. CarPlace has 5 business days to decide whether to fix it under warranty. We will inform the buyer in writing before the end of the fifth day. Failure to respond in time means we cannot refuse to repair the defect, regardless of the cause.
The buyer is responsible for delivering the vehicle to either:
- CarPlace premises, or
- An authorised repairer of our choice.
Repairs will be completed within 14 days unless a valid reason prevents this.
Excessive distance
The authorised repairer should be located within 20 km of CarPlace locations. A more distant repairer can only be used if the buyer agrees.
If the vehicle is more than 200 km from a CarPlace collection point, we may:
- Nominate the nearest qualified repairer to the vehicle’s location, or
- Cover the delivery costs to our preferred repairer.
Warranty extensions
The warranty period must be extended by one day for each day the vehicle is in our care for repairs. CarPlace will keep a record of the extension, noting the dates when the vehicle was brought in and returned to the buyer.
CarPlace reserves the right to modify these Terms and Conditions without prior notice. However, any changes will not affect your statutory rights or obligations under the warranty.
Free roadside assistance
These Terms and Conditions apply to CarPlace’s 1-year free roadside assistance offer. By purchasing a vehicle from CarPlace, you agree to these Terms and Conditions. Please review them carefully before completing your purchase.
To provide you with this benefit, CarPlace has partnered with National Roadside Assist (NRA). With your vehicle purchase, you receive NRA’s Silver cover package, offering 1 year of free roadside assistance.
National Roadside Assist offers a nationwide emergency breakdown program with over 1700 service providers on our network in Australia, on call 24 hours, 7 days a week delivering peace of mind motoring with quality road rescue services. With their reliable nationwide network NRA provides a high standard of fast, professional service.
1. Roadside Response
Simply call the toll free number (1800 817 877) and speak to an operator. NRA will assist with flat tyres, flat 12V starter batteries (replacement battery costs are always at driver’s expense), and EV’s that have run out of charge (towing free service radius applies, towed to the nearest charging facility/home, excludes charging costs).
2. Towing Breakdown
If your vehicle breaks down, or is unable to be safely driven due to failure, NRA will transport you back to the CarPlace collection point where you purchased your vehicle within a 20km limit, or to the nearest authorised service centre if during business hours. If after hours, your vehicle maybe transported home or held at towing company depot for transport to repairer the next business day. Once the vehicle has been delivered to a place of repair, any further towing for the current breakdown will be at your expense.
3. Limits of Cover
Towing fee is free up to 20km, any towing in excess will be charged at prevailing rates. An excess may apply to areas that are more than 20km from the nearest provider.
All service providers communicate via radio, satellite navigation or mobile phone ensuring NRA’s ability to monitor progress of individual call outs, and log successful completion of each job. Silver cover provides your vehicle with the below benefits to keep you secure whilst you meet your servicing requirements.
Exclusions & limitations
- A 7-day waiting period applies if this Contract is not issued on the date of vehicle purchase or scheduled vehicle service. All call-outs during this period will be at the driver’s expense and also excludes any pre-existing issues with the vehicle, including but not limited to towing, roadside services, extras claims and onward travel expense claims.
- Trucks, buses, vehicles used for hire or reward including, but not limited to taxis, limousines, chauffeured vehicles and rental/loan cars.
- Vehicles that require excess labour, specialist/heavy equipment (i.e. trolley wheels, cradle lift trucks, non- standard ramps) for removal, extraction from multi-storey or underground car parks, are bogged, in a National park, or are not within easy reach of a public/sealed road.
- Vehicles already at a repairer and vehicles which have been involved in an accident/collision or have sustained damage due to impact, malicious or criminal damage and/or flood/fire damage, stolen vehicles that require recovery.
- Excess labour and battery installation fees, heavy vehicles, trucks and equipment over 3.5t gross weight.
- Ferry/barge costs, freight costs, including tolls and sea crossings.
- National Roadside Assist will not be liable for increased/additional costs and expenses as a result of a breakdown in a remote location.
- Service may be refused for unregistered vehicles and vehicles that are not roadworthy or that have been modified from the manufacturer’s specifications i.e. excessively lowered vehicles, modified for racing/4x4 tracks or is being used for any form of motor sport.
- Repeated/excessive call-outs due to driver related faults, customers not complying with our instructions, aftermarket accessories, vehicle neglect or abuse, as reasonably determined by NRA or its contractors, including pre-existing faults and faults/breakdowns caused by a non-authorised repairer.
- NRA at its discretion may refuse service or suspend/cancel a driver’s membership if they are deemed abusive, threatening or violent towards NRA staff or its contractors, or attempts to receive service by deception or has any excess owing for previous call-outs.
- In the event that a driver requests their vehicle be broken into, whether to recover keys/belongings, NRA or its contractors will not accept responsibility or liability for damage that may occur as a result.
- Where the customer is not in attendance at the vehicle, without prior arrangement, and the service vehicle leaves the scene, any further call-outs for that breakdown will be at the driver’s expense.
- If a driver requests a spare tyre be fitted to the registered vehicle due to a non-impact related flat tyre, it is their responsibility to correctly inform NRA as to both the presence and condition of the spare tyre in the vehicle. If incorrect information is given, or NRA attends to find the spare wheel not roadworthy or not present, all further assistance including towing/transport to a tyre/service/repair centre will be at the driver’s expense for the current breakdown.
- Vehicles which have been refuelled with the wrong type of fuel.
Visit nationalroadsideassist.com.au for more details.