Terms & Conditions of Sale
For American Car Company Pty Ltd (herein after referred to as the Company)
- Terms and Conditions of Sale:
If you have not purchased from us before these are our Terms of Sale. If needed you can request a copy at any time by sending the Company an email to info@AmericanCarCompany.com.au. The Company’s Terms of Sale are attached to each invoice, and when the Purchaser makes payment or a deposit on a motor vehicle, spare parts or accessory items, the Purchaser agrees to be bound by these Terms and Conditions of Sale.
- Prices & Specifications:
All prices shown are in Australian dollars. As the Company continually works to improve the vehicle quality and product range, the prices, and product specifications are subject to change without notice. All goods (vehicles, spare parts and accessories) will be invoiced at the prices prevailing on the date the Company receives the order from the Purchaser. Please confirm listed prices and availability of goods prior to ordering. All prices quoted on the website include 10% GST (unless otherwise noted). If the Company is directly shipping a vehicle or parts overseas, the GST will be deducted from the selling price.
- International Orders:
The Company ships worldwide, please email for the shipping cost on all International orders. The shipping price quoted will not include any import duty, clearance costs, retail taxes or the like that may apply to the Purchaser’s particular country. The import laws and requirements vary considerably in different countries; accordingly, the Purchaser is responsible for these additional charges should they apply. These are normally collected when the goods are delivered to the Purchaser.
- Payment Method:
The Company accepts Bank to Bank Telegraphic Transfer, Bank Cheques, Cash, and Australia Post money orders. Company and Personal Cheques are subject to bank clearance this can take up to 14 days.
- Special Order of Motor Vehicle & Deposit:
If the Purchaser has requested a vehicle type, model or colour that the Company does not currently have in inventory the Purchaser will be required to sign an Agreement to Purchase a Motor Vehicle (herein referred to as the PMV Agreement). At the time the Purchaser signs and dates the PMV Agreement the Company will require a non-refundable deposit. If the Purchaser is unable to pay the deposit at this time, the Purchaser will have 7 days to do so. If the Purchaser does not comply within that time period, the vehicle the Purchaser has requested will not be ordered and the PMV Agreement will become null and void.
If the Purchaser has paid a deposit upon the Company invoice, Terms of Sale, and the PMV Agreement being issued, but the Purchaser has not returned the signed PMV Agreement the Purchaser must do so within 21 days of the deposit being received by the Company. If the Purchaser does not accept, sign and return the PMV Agreement within the 21 days, the Purchasers deposit will be refunded and the PMV Agreement will become null and void.
When the Company has received both the deposit and the signed and dated PMV Agreement within the terms laid out above, then the PMV Agreement, Tax invoice and Terms of Sale Agreements are in full force and effect and the deposit is non-refundable.
- VIN Assignment Payment on Motor Vehicle:
The Purchaser’s PMV Agreement will require the Purchaser to make additional payments. In some cases, as soon as the Vehicle Identification Number (VIN) has been assigned to the vehicle that was ordered by the Purchaser. If the Purchaser’s PMV Agreement shows an additional payment needs to be made upon the VIN number being assigned, the Company will send the Purchaser a request for further payment in accordance with the PMV Agreement and Tax invoice. It is the Purchaser’s responsibility to make sure that the details provided to the Company (the email address and phone number) are current, as this will be the means of contact by the Company. If any changes to the Purchaser’s contact details have occurred the Company will require an email or letter confirming the new details.
When a payment request is made by the Company in accordance with the PMV Agreement and or the Tax invoice the Purchaser must make payment within 7 days with time being of the essence. If the Purchaser fails to comply with this provision, the Company may terminate the PMV Agreement, retain the Purchaser’s deposit and seek further damages for breach of contract.
- Final Payment prior to the Hand-over of Motor Vehicle:
The final balance of all money owing will be payable within 14 days of the Australian Compliance plate being affixed to the vehicle. The Company will issue a Tax Invoice and send to the Purchaser for the outstanding balance. Payment must be made within 14 days with time being of the essence. If the Purchaser fails to comply with this provision, the Company may affirm or terminate the PMV Agreement. If the Company terminates the PMV Agreement and re-sells the vehicle it may recover additional damages for breach of contract.
- Vehicle Title:
All vehicle/s and spare parts remain the property of the Company until it has received all monies (in good and clear funds) owing in accordance with the Terms of Sale Agreement, PMV Agreement and Tax Invoice.
- Shipping of Spare Parts:
Parts are usually shipped via Australia Post or Trans-Direct and take approximately 3 to 6 work days after leaving the Company’s warehouse. The Company generally ships all in stock orders within 2 work days upon receiving the order; however, this can vary depending on the current workload of the Company and the shipping company.
- Vehicle Delivery:
If the Purchaser requests the vehicle/s to be transported by a car carrier to another location other than the Company’s address, the Purchaser accepts full and total responsibility for any loss or damage that may occur in transportation. The car carrier is a separate third-party company and while the Company can organise this for the Purchaser the actual cost of transportation and transport risk is borne by the Purchaser. Seller recommends that the Purchaser arrange suitable insurance to cover such circumstances.
If the Purchaser does not specifically request insurance, the customer assumes all risks of loss, damage or otherwise for all goods including vehicles or spare parts shipped or moved in transit, or in storage or otherwise. Any fees payable, including but not limited to the premium, and excess costs are payable by the Purchaser to the Company.
- Special & Custom Orders for Parts & Accessories:
All special and custom orders require a 50% non-refundable deposit at the time of ordering with the balance due before the goods are shipped from the Company’s warehouse. Special and Custom orders refer to any order that was ordered for the Purchaser on the Purchaser’s behalf. Delivery time for Special and Custom orders varies widely depending on manufacturer or supplier, the shipping method, market conditions, and customs issues. The Company will provide its best estimate of delivery time at the time of order, but should a delay develop please understand the Company has no control over this. Special and Custom Order merchandise are ordered on the Purchaser’s behalf and accordingly are non-refundable.
- Missing Goods:
Missing goods must be reported within 48 hours; accordingly, we will replace missing items with the same or similar quality item.
- Return Policy:
If you wish to return spare parts or accessory items they must be shipped pre-paid at Purchaser’s expense, in original new condition within 14 days of the invoice date, and include a copy of the Companies sales receipt. Please call or email for a return authorization code or your return will be refused. Make sure the return authorization code is clearly marked on the top side of the return carton. Used, damaged, painted parts, or parts that have been fitted or dirty items are not eligible for return and will be refused at the sole discretion of the Company. Please make sure that the item is returned with all original packaging, instructions and labels. A 10% restocking fee applies to all returns.
- Cooling Off Period & Statutory Warranty:
All heavy duty pick-up trucks have been imported as and are sold as Commercial vehicles. Accordingly, they have no statutory warranty or cooling off period.
- Vehicle Warranty:
Since there is no statutory warranty on Commercial vehicles, the Company provides the Purchaser with a three-year (unlimited kilometre and unlimited claims) Sentinel Warranty that is delivered through National Warranty Company (hereinafter referred to as NWC), with approved repairers Australia wide. After (NWC’s) approval, you can have an (NWC) approved service centre close to you perform the work. Payment under the warranty is made directly by the warranty company. If the repair cost is greater than the repair limit of the warranty, the customer will need to pay the difference. Different warranties are available with higher repair limits; these warranties have been offered to the customer at the point of sale.
12 months of 24/7 National Road Service (Road-side Assist) is also included. A copy of the (NWC) Vehicle Warranty and Road Service Assist details have been provided to the customer at the point of sale. Please visit the (NWC) website at: http://www.nwc.com.au for additional information.
The three-year warranty offered by the Company is supplied by a third-party company (NWC) and is subject to the (NWC) terms, conditions, limitations and procedural requirements contained within the (NWC) policy agreement. All vehicles must be serviced at 10,000km intervals or every 6 months (whichever is the soonest) and a copy of servicing invoice sent to (NWC) in accordance with (NWC’s) terms and conditions. You will deal with (NWC) directly regarding any claims you might have.
- Conversion Warranty:
Conversion from left hand drive to right hand drive does incorporate the use of several custom made and modified automotive parts. These components are covered by a two-year repair or replacement warranty. This warranty is null and void if the vehicle has been modified in any way.
- Vehicle Servicing:
The vehicle must be serviced regularly by a licensed mechanic or service centre in accordance with the manufacturer’s and (NWC) guidelines. The manufacturer’s service schedule is shown in the log books included with the vehicle. Additionally, service requirements are shown on our website at
http://americancarcompany.com.au/service-parts/; and on the (NWC) website, shown above. A copy of the (NWC) service coupon must be sent to (NWC), the address is shown on the coupons that were supplied with the warranty policy document. Failure to service the vehicle in accordance with these guidelines will void all warranties.
- Manufacturer’s Year Model and Build Date:
The Purchaser understands that the manufacturers build date, compliance date and manufacturer’s year model will never be the same date. It takes approximately 5 months (after the vehicle has been located and secured overseas) for right hand drive conversion and shipping, until customer handover. The day and month can never match, sometimes the build year, model year and compliance will match, but not always.
- Purchaser’s Rights:
The Purchaser may have certain statutory rights granted under the Trade Practices Act and other relevant legislation which prohibits the restriction, modification or exclusion of some implied warranties and terms of sale.
- No Personal or General Advice:
The Company or Company’s employees have not supplied any “Personal or General Advice” whatsoever with relation to the purchase of the vehicle or any warranty offered by the Company. All decisions relating to the purchase of the vehicle and the (NWC) warranty sold or supplied were made entirely by the Purchaser. Purchaser acknowledges having received a copy of, and given ample opportunity to read the Financial Services Guide and the Product Disclosure Statement prior to the vehicle warranty being issued.
- Promises by the Seller:
The Seller has made no promises, expressed or implied and no warranties of any kind relating to the vehicle or its fitness for any specified or particular purpose.
- Force Majeure:
The Company is not in default if performance of any of its obligations are delayed, being caused by any act of God, war, earthquake, fire, strike, accident, civil commotion, act of government, it’s agencies or officers, or any other cause beyond the control of the Company. Upon the occurrence of any such event, the Company’s obligations affected by such event shall be suspended until the circumstances are such that the Company is again able to fulfill the obligations so suspended.
If a clause within these Terms of Sale can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or any part of a clause is illegal, unenforceable or invalid, that clause or part of the clause is to be treated as removed from this Agreement, but the rest of this Agreement is valid and in full force and effect.
No variation of this Agreement will be of any force or effect unless it is in writing and signed by the parties to this Agreement.
- Governing Law & Jurisdiction:
These Terms & Conditions of Sale are governed by and construed in accordance with the law of Queensland, Australia and the Purchaser/s agree to submit to the exclusive jurisdiction of the courts of Queensland and agree that it is its intention that this Jurisdiction and Choice of Law clause applies.
- Entire Agreement:
The Terms of Sale, Tax Invoice and Agreement to Purchase a Motor Vehicle and Form 112 (if applicable) all form part of this Agreement and contain everything the parties have agreed to in relation to the transaction. No party can rely on any earlier agreement, anything said or done by another party, or by a director, officer or authorized representative or employee of the Company before these Terms of Sale were executed. The Purchaser agrees that they have read and fully understand the Terms and Conditions of Sale and Tax Invoice.
AMERICAN CAR COMPANY PTY LTD DOES NOT WARRANT ANY VEHICLE OR PRODUCT WHICH IS OR HAS BEEN THE SUBJECT OF THE FOLLOWING – MISUSE, NEGLIGENCE, ACCIDENT, REPAIR, OR MODIFICATION OF ANY KIND, ODOMETER WIND-BACK, RACING OR COMPETITION USE, AND FAILING TO COMPLY WITH SERVICING REQUIREMENTS OF (NWC) OR THE VEHICLE MANUFACTURER GUIDELINES, WHICH IN THE SOLE JUDGEMENT OF AMERICAN CAR COMPANY PTY LTD, AFFECTS THE VEHICLE OR PRODUCTS FUNCTION, STABILITY OR RELIABILITY; ACCORDINGLY, ANY AND ALL WARRANTIES, GUARANTIES OR OBLIGATIONS (IF ANY) SHALL IMMEDIATELY CEASE AND TERMINATE AS TO ANY VEHICLES, PRODUCTS OR PARTS THEREOF.
THE WARRANTIES REFERRED TO IN THE “TERMS OF SALE” DOCUMENT SHALL BE THE SOLE AND EXCLUSIVE WARRANTIES. THERE SHALL BE NO WARRANTIES, OR EXTRA PROMISES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER OBLIGATION ON THE PART OF AMERICAN CAR COMPANY PTY LTD.
IN NO EVENT SHALL THE WARRANTIES, RESPONSIBILITIES OR OBLIGATIONS OF THE COMPANY REQUIRE MORE FROM AMERICAN CAR COMPANY PTY LTD THAN THE REPAIR OR REPLACEMENT OF ANY PART OR PARTS WHICH ARE FOUND TO BE DEFECTIVE WITHIN THE EFFECTIVE PERIOD OF THE WARRANTY. AMERICAN CAR COMPANY PTY LTD SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND.