Carbarn Terms & Conditions
for the Sale of Used Cars

1. Introduction to Terms & Conditions for Sale of Used Cars at Carbarn

These Terms set forth the entire Agreement between you (the Purchaser) and us, Carbarn (AYANUK PTY LTD, ABN 99 155 559 970), licensed under NSW Dealer Licence MD056471 at 136 Frances St, Lidcombe NSW 2141, Australia, and online via www.carbarn.com.au.

2. Purchaser's Legal Rights

  • Applicable Laws and Regulations: Governed by ACL, Motor Dealers & Repairers Act 2013, and relevant state legislation.
  • Rights Under the ACL: Retains non-excludable consumer guarantees including acceptable quality and fitness for disclosed purposes.
  • Cooling-Off Periods: Applicable statutory periods as required for licensed motor car traders.

3. Terms of Purchase

  • Legal Capacity & Age: Purchaser affirms age ≥18 and legal capacity.
  • Financial Responsibilities: Purchase price, registration, stamp duty, and fees per state and Commonwealth regulations.
  • Vehicle Inspection & History:
    • Comprehensive mechanical inspection and roadworthy certificate.
    • Imported vehicles: odometer verification and recall checks (no absolute guarantee).
    • Shop vehicles: detailed inspection and condition verification.

4. Completion

  • Provision of Car and Documents: Delivery or pickup includes vehicle, keys, transfer documents, manuals, and accessories.
  • Payment Terms: Full cleared funds required before transfer.
  • Delivery & Pickup:
    • Online: coordinate delivery; purchaser verifies condition on receipt.
    • In-store: purchaser inspects and signs confirmation at pickup.

5. Price and Payments

  • Payment Methods: Online via Stripe/PayPal; in-store via EFT, card, cash.
  • Fees: Buyer pays GST, duties, stamp duty, and government fees.
  • Drive-Away Price: Total including all charges.

6. Retention of Title

  • Title remains with Carbarn until full payment received.
  • Purchaser authorizes repossession if in default; indemnifies Carbarn for costs.

7. Commission and Referral Acknowledgement

Disclosure of commissions and referral fees paid and received.

8. Electronic Execution

Valid digital signatures per Electronic Transactions Act 1999 (Cth).

9. Notices

Notices via post, email, phone; deemed received as per standard practice.

10. Privacy

Refer to the Carbarn Privacy Policy for handling of personal data.

11. Inconsistency

Contract of Sale terms prevail over these Terms.

12. Subject to Finance

  • Conditioned on purchaser securing finance within 3 days and cooperation.
  • Failure to comply allows termination by Carbarn.

13. Force Majeure

Suspension of obligations during events beyond reasonable control, with notification and mitigation.

14. Money Back Guarantee and Returns

7‑day return policy for hybrid vehicles, conditions on mileage, condition, fees, and location.

15. Trade-In Conditions

Net trade‑in allowance, vehicle condition requirements, ownership warranties.

16. Delivery of the Car

  • Delivery Effort: Carbarn will endeavor to deliver the Car by the agreed date.
  • Outside Delivery Area: Carbarn may accept or decline delivery outside designated areas; additional shipping costs apply if accepted.
  • Acceptance Window: Purchaser must accept delivery within 7 days of notification, or Carbarn may terminate the Agreement.
  • Verification & Risk Transfer: Purchaser verifies condition and signs confirmation upon delivery; risk transfers at that time.

17. Limitation of Liability for Unforeseen Events

Carbarn is not liable for delay or failure due to events beyond reasonable control (force majeure), including natural disasters, pandemics, terrorism, governmental actions, or internet failures. Obligations are suspended during such events, with prompt notice and mitigation efforts.

18. Termination of Agreement

If terminated by Carbarn for Purchaser breach:

  • Purchaser forfeits 4.5% of the Sale Price (unless waived).
  • Excess payments refunded; trade‑in returned if applicable.
  • If payments insufficient, trade‑in may be forfeited to Carbarn.

If terminated by Purchaser for Carbarn breach, or by mutual consent:

  • All Purchaser payments refunded.
  • Trade‑in returned, or net allowance paid if sold with consent.

Written notice required; statutory rights unaffected.

19. Definitions and Interpretation

Key terms used:

  • ACL: Competition and Consumer Act 2010 (Cth) Schedule 2.
  • Car: Vehicle described in the Contract of Sale.
  • Carbarn: AYANUK PTY LTD ABN 99 155 559 970, NSW Dealer Licence MD056471.
  • Claim: Any demand or legal action under contract, tort, equity, or statute.
  • Consequential Loss: Indirect losses such as lost profits or reputation.
  • Consumer Guarantee: Statutory guarantees under ACL.
  • Contract of Sale: Document detailing sale terms.
  • Delivery: Clause 16 definition.
  • Drive-Away Price: Total payable including all fees.
  • Net Trade-In Allowance: Defined in clause 15.
  • Sale Agreement: This Agreement comprising Contract and these Terms.
  • State: Australian state or territory.