Terms and Conditions

1. Introduction

1a. www.carhops.com.au is a website operated by NATIONAL FLEET DISPOSAL PTY LIMITED ABN 24 638 104 935 (we or us). 1b. Please read these Terms and Conditions carefully before you start to use Carhops’ website

2. Website

2a. Your viewing and use of this website is governed by and subject to these terms and conditions. 2b. By using the website you irrevocably submit that you have read, understood and agree to be bound by these terms and conditions and have had the opportunity to ask any questions in relation to this website by telephoning our Customer Service Centre on 1300 227 633 or emailing us at hello@carhops.com.au. 2c. You agree to only access the website for personal, non-commercial, legitimate and lawful purposes and we may in our absolute discretion withdraw or restrict your access to the website at any time and for any reason.

3. Request for Valuation

3a. You may apply to receive a valuation for your car by completing the free valuation request form. 3b. By submitting a valuation request form, you represent and warrant to us that all information provided by you is complete and accurate.

4. Assumptions

a. Upon providing a valuation for your car, we will make assumptions that your car: i 1. Has an accurate odometer reading; 2. Has a working odometer; 3. Has not had the odometer replaced; ii. 1. Had not been in a major accident; 2. Had not been put on the Written Off Vehicle Register (WOVR); iii. Had not been partially or fully immersed in water; iv. Has no mechanical, electrical, structural or aesthetic defects; v. Has no non-factory approved parts, or non-standard paint work; vi. Has not ever been used for public or private hire, rental, driving tuition or as an emergency vehicle, and; vii. As per what is described in the Online Valuation free valuation request form.

5. Representations & Warranties

a. You represent and warrant that: i. The Seller (“You”) are the legal owner of the vehicle and are legally capable of entering into a binding contract to sell the car; and ii. You are the sole owner of the car; or iii. You have clear title to and the unfettered right to sell the car and the car is not subject to a security interest of any kind including without limitation under the Personal Property Security Act 2009 (Cth) (PPSA) which will not be released at or before the time of any sale.

6. Vehicle Valuations

a. The online valuation provided to you through our website, by text, email, and written on this contract is based upon the information you supplied us about the car through the free valuation request form, and taking into considerations the assumptions, representations & warranties detailed at clauses 4 & 5. b. The online valuation is valid for 3 days from the date it is provided to you. c. Upon agreeing to sell the car to carhops by signing carhops’ vehicle purchase agreement, we will arrange a time to get your car inspected, either by using a mobile mechanic, bringing your car to our location, or to a partner mechanic near you. You have also granted, sold, and transferred full ownership of the vehicle to us. You also certify that the vehicle at the time of sale has no taxes, or fees due on it and that you will be held fully responsible for any unlawful claims and demand with respect to the above mentioned vehicle. d. The final valuation may differ to the online valuation price for reasons including, but not limited to, the car is found to have different particulars to those provided by you at the time of the online valuation. e. The online valuation and final valuation are provided on a strictly “subject to contract” basis and we have the absolute right to withdraw the online valuation or onsite valuation at any time without legal consequence or liability to us or you.

7. Cars on Finance

a. We may agree to purchase a car with outstanding finance provided we receive a written statement from the financial provider to declare the balance owing on the vehicle. b. If the vehicle is subject to finance (including but not limited to; lease agreement, chattel mortgage or car loan), we agree to pay out the figure specified by the financier in the payout letter. c. If the outstanding balance of the payout amount is; More than the final valuation of the vehicle, you agree to pay the difference between the outstanding balance of the payout amount and the agreed price for the purchase of the vehicle to us. This is so that we can pay out the full amount outstanding to the Financier. Less than the final valuation of the vehicle, we will make the payout to the Financier and will pay the balance to you.

8. Collection of Purchased Cars

a. Upon signing the contract, we will arrange the delivery of your car from your designated premise at our expense. b. You may not leave the car at our site unless you have signed a written contract with us and we have agreed to take possession of the car at that point in time. c. If you decide to withhold the vehicle for any reason after having received deposit payment, you will be liable to the administration and inspection expenses of $199.00. You also have 2 business days to refund the full deposit to our account with a copy of the remittance. i. In the event that you (“The Seller”) are unable to refund the full deposit in 2 business days, Carhops have the right to collect your car, transfer the ownership, and pay off the remaining after the car is collected and passed inspection. d. During the handover of the car, we may request that you show your driver licence as a form of Photo ID.

9. Payment and Settlement

a. Once you have signed the Vehicle Purchase Agreement, we will pay out the deposit amount agreed to secure the car as specified on this contract. b. Upon collecting the car and determining that the cars’ particulars match what you provided at the time of the online valuation, we will pay you the remaining balance from the online valuation. c. If the cars’ particulars do not match what was provided at the time of the online valuation, we will adjust the agreed price with actual details of the car. i. You (“The Seller”) have the right to refuse to sell at the adjusted price / final valuation. In which case, you will have to refund the deposit made in full before the car can be returned/ collected.

10. Liability and Indemnity

a. Subject to clause 10.b, we (including our officers, employees, and related bodies corporate and agents) will not be liable for any loss, damage, cost or expense (including indirect or consequential loss) suffered or incurred by you arising out of the sale of any car. b. You may have rights under the Australian Consumer Law (as set out at Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or under other Commonwealth, State or Territory laws which mean that we cannot fully exclude our liability to you under clause 10.a. If that is the case, but we are still able to limit some of our liability to you, then to the extent permitted, our liability to you shall be limited to: i. In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and ii. In the case of a car, the cost of replacing the car, supplying an equivalent car or having the car repaired. c. To the full extent permitted by law, you agree to indemnify us (including our officers, employees, related bodies corporates and agents) for the full amount of any claim, suit or demand and all associated costs (including, without limitation, legal costs on a full indemnity basis) made by you or any other person in relation to a sale or your use of the website. This clause survives termination of the Contract for any reason and does not merge upon completion. d. We hold the benefit of the exclusions and indemnities in this clause 10 that are in favour of our officers, employees, related bodies corporate and agents on trust for them.

11. Privacy Policy

a. We protect the privacy of individuals in accordance with the Privacy Act 1988 (Cth) (Privacy Act). b. You agree that we will only collect, hold, use, disclose or otherwise deal with any personal information (as defined in the Privacy Act ( Personal Information) disclosed by you to us for the purpose in which it was disclosed. c. The Personal Information collected from you at the time of completion of the valuation request form and otherwise in connection with the Contract, our website or these terms and conditions is collected by us for the purpose of complying with the Contract and these terms and conditions and may be disclosed to our related bodies corporate and other third parties (such as financiers and roads and licensing authorities for this purpose.) It is not likely that your Personal Information will be disclosed by us to any third parties located overseas unless this occurs as part of the ordinary use of the Internet or an email address you have given us. We are required and/or authorised to identify the sellers of cars under applicable Commonwealth, State and Territory legislation including the Motor Dealers & Repairers Act. Details are available in our Privacy Policy which may be accessed by clicking on Privacy Policy at www.carhops.com.au d. We may also use the Personal Information collected from you at the time of completion of the valuation request form and otherwise in connection with a valuation or a Contract to contact you with information about our or our related bodies corporate products and services. This contact may be by mail, email, SMS, telephone or other electronic means. If you no longer wish to be contacted for these purposes, you can let us know at any time, using the contact details in Carhops Privacy Policy (available at www.carhops.com.au). Your consent to receiving this information will (unless you have opted out) remain current until you advise us otherwise. e. Carhops’ Privacy Policy contains information about how individuals may access and correct Personal Information held about them and complain about a breach of privacy and how we will deal with such a complaint. Any queries about privacy can be directed to our Privacy Officer, PO Box 215 Port Melbourne VIC 3207, by email: hello@carhops.com.au or by telephone on 1300 227 633

12. General

a. You expressly consent to us, or our representatives, contacting you by email, telephone, SMS or other electronic means for a period of up to 90 days after you have submitted a valuation request form to determine your requirements and the potential sale of your car. b. Ownership in the car transfers from you to us in accordance with the Contract. c. In the event you fail to comply with any of these terms and conditions or the Contract and/or you have misrepresented the car by act or omission, we reserve the right to withdraw any offer to buy the car with immediate effect and/or terminate any Contract. d. Except to the extent any specific State, Territory or Commonwealth laws apply, these terms and conditions shall be governed by and construed in accordance with the law for the time being in force in Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria. e. In the agreement, a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them. f. If any provisions of these terms and conditions are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions. g. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.