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Terms & Conditions

Effective Date: 30/09/2025
 

These Terms and Conditions govern all transactions between Cars Rent2own Pty Ltd ("we", "us", "our") and the customer ("you", "your") for the sale, rental, and rent-to-own of motor vehicles.

1. Application of These Terms

These terms apply to all offers, quotations, orders, and agreements for the provision of vehicles and related services by us. By signing an agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

2. Consumer Guarantees under Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for 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. Nothing in these terms is intended to limit or exclude these statutory rights.

PART A: VEHICLE SALES

A1. General

All vehicle sales are subject to these Terms and any specific conditions detailed in the final Purchase Agreement.

A2. Pricing and Payment

a. Quotes: Any quoted price is valid for 14 days and is based on the vehicle's condition and specifications at the time of the quote.
b. Government Charges: The quoted price is exclusive of statutory charges (e.g., stamp duty, registration transfer, CTP insurance). These will be added to the final invoice.
c. Deposit: A non-refundable deposit is required to secure a vehicle, unless otherwise required by law (see Cooling-Off Period).
d. Payment Method: Final payment must be made by cleared funds (bank cheque, electronic transfer) prior to or upon delivery.

A3. Used Vehicles - Statutory Warranty & "As Is" Sales

a. Statutory Warranty: In compliance with the Motor Dealers and Repairers Act 2013 (NSW), eligible used vehicles (e.g., those under 10 years old and under 160,000 km) are sold with a statutory warranty covering specific defects in prescribed parts. Full details of this warranty are provided in a separate document.
b. "As Is" Vehicles: Vehicles that are exempt from the statutory warranty (e.g., over 10 years old, over 160,000 km) may be sold "As Is." This means no statutory warranty applies. However, your rights under the ACL regarding acceptable quality and freedom from major defects are not extinguished. The vehicle must be of merchantable quality, fit for purpose, and match its description.

A4. Cooling-Off Period (NSW Specific)

a. For the sale of a used vehicle for over $5,000, you have a one (1) business day cooling-off period.
b. This period commences from when you take possession of the vehicle.
c. If you cancel during this period, you must return the vehicle in the same condition and we will refund the purchase price, minus a cooling-off fee of the greater of $250 or 1% of the purchase price.

A5. Delivery

We will arrange delivery or collection of the vehicle upon receipt of full payment and completion of all paperwork. Any delay in delivery caused by you may result in storage fees.

PART B: VEHICLE RENTAL

B1. Rental Agreement

The terms of each rental are governed by a specific Rental Agreement, which incorporates these Terms.

B2. Driver Eligibility

You warrant that you and any additional drivers:
a. Hold a current, valid Australian driver's licence for the class of vehicle hired.
b. Are at least 18 years of age.
c. Have not been disqualified from driving and have no criminal convictions related to driving offences.

B3. Rental Period, Fees and Charges

a. Minimum Rental: A minimum hire period of 24 hours/1 day applies.
b. Extension: You must obtain our prior written approval to extend the rental period.
c. Charges: You agree to pay the daily rate, kilometre charges (if applicable), and all other fees as outlined in the Rental Agreement.
d. Security Bond: A pre-authorisation on your credit card or a cash bond will be held as security for the duration of the rental.

B4. Your Responsibilities

You are responsible for:
a. Road Tolls: All road tolls incurred during the rental period.
b. Traffic Infringements: All fines and penalties for traffic or parking offences.
c. Fuel: Returning the vehicle with the same level of fuel as at the start of the rental.
d. Care and Use: Using the vehicle in a responsible manner, on sealed roads, and in accordance with the manufacturer's guidelines and road laws.

B5. Prohibited Use

The vehicle must not be used for:
a. Any illegal purpose.
b. Racing, pace making, or reliability trials.
c. Driving under the influence of alcohol or drugs.
d. Transporting more passengers than the vehicle has seatbelts.

B6. Damage and Insurance

a. Standard Cover: The rental fee includes a standard Basic Insurance cover. This is subject to a standard excess (damage liability) of $5,500 for any single incident.
b. Reduced Excess: You may opt to pay an additional daily fee to reduce the standard excess.
c. Liability: You are liable for the full cost of repair or replacement for any damage, loss, or theft of the vehicle or its parts, and for any related costs (e.g., towing, recovery), up to the amount of the applicable excess.

PART C: RENT-TO-OWN

C1. Nature of Agreement

A Rent-to-Own agreement is a hybrid rental and sale contract. You agree to rent the vehicle for a fixed term with the obligation to make all periodic payments. Upon successful completion of the term and the final rental payment, ownership of the vehicle will transfer to you.

C2. Cooling-Off Period (if applicable)

If this agreement is deemed a credit contract under the National Consumer Credit Protection Act 2009, you have a statutory cooling-off period of 14 days from the date you receive your signed copy of the contract. You may terminate the agreement within this period by written notice. Specific terms for refunds and vehicle return will be detailed in your contract.

C3. Your Obligations

a. Payments: You must make all periodic (e.g., weekly, fortnightly) payments on time.
b. Maintenance: You are responsible for all routine servicing and maintenance as per the manufacturer's schedule, using qualified mechanics.
c. Insurance: We will maintain a comprehensive insurance policy on the vehicle for its agreed value for the entire term. You are responsible for 100% of all costs associated with this insurance policy, including but not limited to the premium, any excess payable on a claim, and any additional levies or charges. The cost of the insurance premium will be incorporated into your periodic payment amount or billed to you separately as specified in your contract.
d. Use: The vehicle cannot be used for commercial purposes without our prior written consent.

C4. Default and Termination

a. Events of Default: You will be in default if you fail to make a payment on time (including any insurance-related costs), breach any term of this agreement, or become insolvent.
b. Consequences of Default: Upon default, we may terminate the agreement and repossess the vehicle. You will be liable for:
i. All outstanding rental payments.
ii. Any costs associated with the repossession and sale of the vehicle.
iii. A termination fee as specified in your contract.
iv. Any outstanding insurance premiums or excesses.
c. No Equity or Ownership Until Final Payment: You acknowledge that payments made are for the rental and use of the vehicle. You will not gain any legal or equitable ownership of the vehicle until the final scheduled payment is received by us and title is formally transferred. You must not sell, encumber, or otherwise deal with the vehicle as if you were the owner.

C5. Financial Hardship

If you are experiencing financial hardship, you may contact us to request a variation to your contract (e.g., a payment plan). We will assess all hardship applications in accordance with our obligations under the ACL and the National Credit Code.

PART D: GENERAL TERMS (APPLY TO ALL)

D1. Privacy

We collect personal information to process your application and provide services. We handle your information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available on request.

D2. Dispute Resolution

a. Internal Process: If a dispute arises, you must first notify us in writing and we will endeavour to resolve it within14 days.
b. External Assistance: If we cannot resolve the dispute, you may refer the matter to:
i. NSW Fair Trading for disputes related to vehicle sales or condition.
ii. The Australian Financial Complaints Authority (AFCA) for disputes related to credit in a Rent-to-Own agreement.

D3. Limitation of Liability

To the fullest extent permitted by law, our liability for any claim arising from these Terms is limited to, at our option:
a. The re-supply of the services; or
b. The payment of the cost of having the services supplied again.

D4. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of NSW.

D5. Changes to Terms

We reserve the right to update these Terms and Conditions at any time. The terms in effect at the time of your agreement will govern that transaction.

Contact Information:
Cars Rent2own Pty Ltd
0404 094 431
Info@carsrent2own.com.au
https://www.carsrent2own.com.au/

Complaints & External Dispute Resolution:

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