TERMS AND CONDITIONS – TEST DRIVE AND LOAN VEHICLE
Grand Motor Group NSW Pty Ltd Trading As Volvo Cars Castle Hill
A.B.N. 28 172 394 097
Volvo Cars Castle Hill
VEHICLE DEMONSTRATOR DEED AND SECURITY AGREEMENT
Vehicles under $150,000 LLP $2,500 Vehicles over $150,000 LLP $5,000
*Local List Price (LLP) excluding GST, LCT and all Drive Away Costs*
Drivers under age 21 years $850
Drivers 21 and over but under 25 years $450
Drivers 25 or over with less than 2 years driving experience $450
THIS DEED is made between:
Grand Motor Group NSW Pty Ltd 2 Anella Avenue, CASTLE HILL, NSW 2154 (“Volvo Cars Castle Hill”)
(ACN 129 161 888) AND
NOW THIS DEED WITNESSES:
Volvo Cars Castle Hill agrees to allow the demonstration of the vehicle or vehicles described in the Schedule overleaf (“Vehicle”) to the Individual/Company from the Demonstration Commencement Date until the Demonstration Return Date, subject to the terms and conditions of this Deed. The Individual/Company must return the Vehicle to Volvo Cars Castle Hill at the point at which it was made available to the Individual/Company on or before the Demonstration Return Date specified in the Schedule, or any extension of that date agreed by both parties in writing. Volvo Cars Castle Hill may terminate this demonstration at any time by request to the Individual/Company and the Individual/Company must immediately return the Vehicle to Volvo Cars Castle Hill. The Vehicle must be returned to Volvo Cars Castle Hill in the same condition it was made available to the Individual/Company, fair wear and tear consistent with the period of the demonstration excepted. If the Individual/Company fails or refuses to return the Vehicle, Volvo Cars Castle Hill will arrange for the immediate recovery of the Vehicle, including engaging a third-party repossession agency. Volvo Cars Castle Hill will organise the vehicle to be recovered immediately. The Individual/Company agrees that any costs incurred by Volvo Cars Castle Hill in exercising its right to recover the Vehicle will be entirely borne by the Individual/Company. The Individual/Company is responsible for any loss of or damage occurring to the Vehicle while the Vehicle is in the possession or control of the Individual/Company or any Nominee, howsoever such loss or damage occurs and whether or not such loss or damage was the Individual’s/Company’s or its Nominee’s fault.
The Vehicle must only be driven by either the Individual or the Company’s employees (as applicable) who are expressly authorised by the Company to drive the Vehicle (“Nominee(s)”), and the Company will be entirely responsible for any acts or omissions of, or breach of this Deed by, the Nominees, or any other person to whom the Company yields possession of the Vehicle. The Individual/Company warrants that it will indemnify Volvo Cars Castle Hill against any loss or damage suffered as a result of the Individual/ Nominee’s acts, omissions or use. The Individual/Company agrees that any costs incurred by Volvo Cars Castle Hill in exercising its right to recover the Vehicle will be entirely borne by the Individual/Company. The Individual/Company warrants that it is and each of its Nominees are duly authorised under all relevant laws, by-laws and regulations to operate and drive the Vehicle in the State or Territory in which, and for the purpose for which, it is being operated or driven. The Individual/Company warrants that it will, and will ensure each of the Nominees will, operate the Vehicle in accordance with recognised methods and standards of operation and in accordance with instructions and/or recommendations that may be given by Volvo Cars Castle Hill from time to time.
The Individual/Company must give Volvo Cars Castle Hill immediate notice of any accident, damage or incident involving the Vehicle while in the possession of the Individual/Company or any Nominee and follow any instructions as may be given by Volvo Cars Castle Hill relating to the Vehicle. If the accident, damage or incident involves damage to persons or property the Individual/Company must immediately notify Volvo Cars Castle Hill. The Individual/Company agrees to assist Volvo Cars Castle Hill with all reasonable requests, including assisting Volvo Cars Castle Hill to respond to any requests or enquiries it receives from a government, regulatory or statutory authority, insurer or law enforcement agency.
The Vehicle is covered by compulsory third party insurance and by comprehensive insurance. The Individual/Company acknowledges and agrees that there is a Standard Excess and Additional Excesses which apply to each claim in relation to the Vehicle, as set out above. If any event giving rise to a claim occurs at any time when the Vehicle is in the custody or control of the Individual/Company or any Nominee, the Individual/Company will be liable to and will pay to Volvo Cars Castle Hill, or Volvo Cars Castle Hill’s nominated insurer QBE, the Standard Excess and/or Additional Excesses applicable to the Individual/Company, the Vehicle and/or the Nominee driving the Vehicle at the time of the claim. Volvo Cars Castle Hill may, by written notice, increase the Excess and/or Additional Excesses. The Individual/Company must also reimburse Volvo Cars Castle Hill on demand any loss, damage, cost or expense incurred by Volvo Cars Castle Hill as a result of the loss of or damage to the Vehicle (whether or not caused by the fault of the Driver or their Nominee) which is either below the applicable Excess and/or which is unable to be recovered under Volvo Cars Castle Hill’s policies of insurance. The Individual/Company is responsible for insuring any goods or other property carried in or by the Vehicle and Volvo Cars Castle Hill will have no liability in respect of any such property. Volvo Cars Castle Hill may require the Individual/Company to provide a credit card imprint. In the event of any loss of or damage to the Vehicle, the Individual/Company authorises Volvo Cars Castle Hill to charge the credit card with an amount up to the total of the applicable Standard Excess and any applicable Additional Excess, amount which is below the applicable excess, amount unable to be recovered under Volvo Cars Castle Hill’s policies of insurance and/or any other amount the Individual/Company is liable for under this Deed.
The Individual/Company must ensure, and must require its Nominees to ensure, that the Vehicle is never operated or driven or in the charge of any person whose blood alcohol level exceeds any relevant level prescribed by any Act or Regulation in any State or Territory in which the Vehicle is being operated or driven, or who is under the influence of another drug. If the Individual/Company (or Nominee) fails to comply with this clause, the Individual/Company will be liable to Volvo Cars Castle Hill for all loss, damage, costs and expenses in relation to the Vehicle that is in excess of the Excess and Additional Excesses as well as the Excess and the Additional Excesses. The Individual/Company must ensure that no person smokes, vapes or transports any animals in the Vehicle. The Individual/Company must not use or permit the Vehicle to be used offroad, for any illegal purpose, race, speed test, or contest, for commercial use or for hire. The Individual/Company must maintain and return the Vehicle in a clean condition. When not being driven, the Vehicle must be parked in a secure location.
The Individual/Company must pay all fees, toll charges, fines and penalties against the owner or operator of the Vehicle which arise from the use or operation of the Vehicle during the period of the demonstration, and consents to Volvo Cars Castle Hill providing their details to any person claiming any such amount from Volvo Cars Castle Hill, and warrants that any Nominee consents to Volvo Cars Castle Hill providing the Nominee’s details to any person claiming any such amount from Volvo Cars Castle Hill. All fuel, tolls, oil, and other consumables required during the period of the demonstration are the responsibility of the Individual/Company.
If any routine service is required during the period of the demonstration, then the Individual/Company shall arrange for this to be carried out at an authorized Volvo Centre at Volvo Cars Castle Hill’s cost.
The Individual/Company and/or its Nominees acknowledge and agree that the Vehicle may have Volvo enabled features and may be fitted with tracking and monitoring functionality. The Vehicle may be linked to a Volvo Cars Castle Hill MMC account and Volvo Cars Castle Hill may track the usage of the Vehicle, including its location, during the Vehicle loan period. The Individual/Company and/or its Nominees, consent to the location tracking by Volvo Cars Castle Hill during the Vehicle loan period. If the Individual/Company and/or its Nominees do not consent to the location tracking, they should not operate the Vehicle. The Individual/Company and/or its Nominees acknowledge and agree that it is their responsibility to ensure other occupants of the Vehicle are aware and provide their consent to the location tracking during the Vehicle loan period.
The Individual/Company must only use, and must ensure that its Nominees only use, the Vehicle for the purpose for which it was designed and in accordance with the instructions in the Owner’s Manual. Under no circumstances shall the Company or any Nominee load the Vehicle beyond its specified carrying capacity specified in the Owner’s Manual, or tamper with or interfere with the Vehicle in any way, or operate the Vehicle so as to cause any of the specified limitations on its operation or use to be exceeded.
If the Vehicle becomes defective in any way, regardless of whether the defect renders the Vehicle inoperable, the Individual/Company shall arrange for the Vehicle to be taken to the nearest authorised volvo dealer for rectification and shall notify Volvo Cars Castle Hill of the defect.
The Individual/Company will indemnify each of Volvo Cars Castle Hill, its agents, officers and employees against any and all claims, tolls, fines, penalties, liabilities, costs, compensation, expenses, losses, damages and settlement expenses, including legal costs, suffered or incurred by any of them, whether directly or indirectly, resulting from, in connection with or arising out of any act, omission or default of the Individual/Company, or any of the Company’s Nominees or other person to whom the Individual/Company yields possession of the Vehicle, including without limitation any loss or damage caused to any property, or arising out of any personal injury or death, or the Vehicle while it is in the possession or control of the Driver or a Nominee. To the full extent permitted by law, the Individual/Company agrees that Volvo Cars Castle Hill is not liable to the Individual/Company or to any Nominee for any loss or damage arising from the Individual’s/Company’s (or a Nominee’s) use of the Vehicle, and the Individual/Company releases Volvo Cars Castle Hill from any claim whatsoever for such loss or damage. Where at law Volvo Cars Castle Hill’s liability cannot be excluded, but may be limited, it is limited at Volvo Cars Castle Hill’s option to the supply of the vehicle demonstration again or the payment of the cost of having the vehicle demonstration supplied again.
Nothing in this Deed is intended to, or shall be read to, exclude, restrict, modify or limit the application of, or a right or a guarantee provided for by, or liability to a consumer under one or both of the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law and Fair Trading Act 2012 (Vic) or corresponding legislation in any other State or Territory, extent permitted to be limited under such legislation and is so limited in accordance with such legislation.
Where any clause of these terms and conditions is void, unenforceable, or illegal, that provision is to be read down to the extent necessary to ensure that it is not void, unenforceable or illegal. To the extent that it cannot be read down, then it is severed, and the rest of the terms and conditions remain in force.
The parties acknowledge and agree that this Deed is a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”) and creates a security interest. If the terms of this demonstration are for a period greater than 24 months, for the purposes of the PPSA, this security agreement is a PPS Lease and is deemed a Purchase Money Security Interest, as those terms are defined in the PPSA, and may be registered as such by Volvo Cars Castle Hill as such. The security interest that Volvo Cars Castle Hill has attaches to the Vehicle on the earlier of the signing of this Deed or the Individual/Company taking possession of the Vehicle. Volvo Cars Castle Hill may register a security interest in the Vehicle on the Personal Property Securities Register, and the Individual/Company must do any act or sign any document necessary for Volvo Cars Castle Hill to register and perfect and give effect to the security interest created under this Deed. The Individual/Company understands that the Vehicle is for its exclusive use only and that it has no authority whatsoever to sell, lease, pledge, lend or in any way encumber, transfer or otherwise dispose of or part with possession of the Vehicle or any interest therein to any other person.
Volvo Cars Castle Hill authorises the Agent to execute this Deed on its behalf and do and perform all acts and things and execute all documents as may from time to time be required to give effect to this Deed.
This Deed is governed in accordance with the laws of New South Wales.