Pre-Sale Terms and Conditions

Terms and Conditions

1. Chery Motor Australia Pty Ltd ACN 662 958 205 (Chery) offers customers the ability to view and reserve selected Chery vehicles through the Chery website during the pre-sale period (which commences on 23 February 2023 and ends on 22 March 2023 or such other date as Chery may determine) and to pay a deposit towards the purchase of such vehicle (the Pre-Sale service).
2. Your use of the Pre-Sale service is governed by these Terms and Conditions. By using the Pre-Sale service, you agree to be bound by these Terms and Conditions.
3. The Pre-Sale service is made available for you to:
   1. view and reserve the selected Chery vehicles via the Chery website;
   2. order the vehicle that you intend to purchase by selecting a model variant, options and colours (the Reserved Vehicle);
   3. choose a preferred Chery dealer (the Dealer) from which you wish to purchase your Reserved Vehicle; and
   4. provide your contact details and pay a deposit of $500 to Chery via credit card (the Deposit) to reserve the Reserved Vehicle.
4. To use the Pre-Sale service you must be aged over 18 years and an Australian resident.

Use of the Pre-Sale service

1. Chery makes no representations or warranties about the accuracy of the information or images which appear on the Chery website for the Pre-Sale service.
2. By using the Pre-Sale service, you represent and warrant that all information submitted via the Pre-Sale service is correct. Should Chery become aware that any of the information provided by you is inaccurate or false, Chery reserves its right to cease to provide you with the Pre-Sale service and to withhold any Deposit that you have paid for the Reserved Vehicle.

Purchase of vehicle from the Dealer

1. Chery is not selling the Reserved Vehicle to you and is not a party to your interactions with the Dealer or any transactions between you and the Dealer in connection with the Reserved Vehicle. Further, Chery does not warrant the accuracy of any representations made, or information provided to you, by the Dealer in relation to the Reserved Vehicle or any other product or service.
2. Once you have reserved the Reserved Vehicle using the Pre-Sale service, the Dealer will contact you to discuss your purchase.
3. Submitting a Deposit does not guarantee that you will be able to purchase the Reserved Vehicle. The purchase of the Reserved Vehicle is subject to availability. If the Reserved Vehicle is not available, you will be entitled to a full refund of the Deposit. You may be entitled to transfer the Deposit to another vehicle, at the sole discretion of the Dealer.
4. If the Reserved Vehicle is available, terms of sale must be reached with the Dealer, and a signed contract of sale entered into with the Dealer for the Reserved Vehicle (Dealer Contract) within five (5) business days of the Dealer confirming that the Reserved Vehicle is available.
5. Chery will hold the Deposit on trust for you pending execution of the Dealer Contract. Once the Dealer Contract has been signed, Chery will pay the Deposit to the Dealer. Chery’s obligations in relation to the Deposit will then cease.
6. Once you sign a Dealer Contract:
   1. you will be required to pay the Dealer the purchase price you agree with the Dealer for the Reserved Vehicle by the specified date, less the amount of the Deposit;
   2. the Dealer will deliver the Reserved Vehicle to you in accordance with the Dealer Contract, subject to any State and Federal Government regulations (e.g. COVID-19 public health orders); and
   3. Chery will pay the Deposit to the Dealer.

Payment of Deposit

1. Upon payment of the Deposit by you to Chery, Chery will issue you with a Deposit Confirmation.
2. In making payment of the Deposit you acknowledge:
   1. that the availability of the Reserved Vehicle at the time of payment is unknown;
   2. that you have not relied on any representation or warranty by Chery as to:
      1. i. the Reserved Vehicle’s expected price, features, specifications and possible availability dates; or
      2. ii. the trade-in price and/or value of any vehicle(s) you may own that you may wish to trade-in for the Reserved Vehicle; and
   3. that payment of the Deposit does not secure ownership of the Reserved Vehicle and is non-refundable except as set out in these Terms and Conditions or as required by law.
3. The Deposit is not transferable and may not be used to purchase any other vehicle.
4. If within the pre-sale period identified in paragraph 1.1 of these Terms and Conditions you are one of the first 500 customers to pay the Deposit in accordance with these Terms and Conditions and enter into a Dealer Contract with the Dealer as contemplated by these Terms and Conditions, you will be entitled to, at your election, one of the following bonus offers:
   1. (1) Free upgrade to premium paint for the Reserved Vehicle plus the Reserved Vehicle’s first major scheduled service (defined below) for free; or
   2. (2) Free upgrade to premium paint for the Reserved Vehicle plus complimentary floor mats for the Reserved Vehicle.

   Your entitlement to either of the above bonus offers is forfeited and you shall have no right to the bonus offers should the Dealer Contract for any reason be terminated by you or should you fail to take delivery of the Reserved Vehicle. For the avoidance of any doubt, the bonus offers are not transferable to any other vehicle other than the Reserved Vehicle the subject of the Dealer Contract or to any other person and they are not redeemable for cash.

   The free major scheduled service referred to in paragraph 4.4(1) above is scheduled to occur at the first occurring of 12 months from first registration or when the vehicle has travelled 10,000 kms. The free scheduled service excludes wear and tear items. Other exclusions also apply. The free scheduled service must be undertaken at an authorised Chery Dealer and it will be your responsibility to present the Reserved Vehicle to such dealer at the scheduled service interval.

Refund of Deposit

1. You may, by written notice, seek a refund of the Deposit from Chery at any time prior to signing a Dealer Contract for the Reserved Vehicle. A request for a refund of your Deposit must be made in writing to Chery via email on [email protected]. Chery will, after receiving this request, send to you written confirmation and refund the Deposit in full to the credit card used to pay the Deposit.
2. Further, you may be entitled to seek a refund of the Deposit from Chery or the Dealer in certain circumstances, depending on the terms of the Dealer Contract, applicable statutory cooling off periods and your rights under the Australian Consumer Law.
3. If you request a refund of the Deposit, the Dealer will be entitled to sell the Reserved Vehicle to someone else.
4. Subject to the terms and conditions of the relevant Dealer Contract, if you sign the Dealer Contract in your name and you fail to pay the Dealer the required purchase price as required by the Dealer Contract, the Dealer will be entitled to terminate the Dealer Contract. In such circumstances, you will not be entitled to a refund of the Deposit.
5. Chery will not be responsible for any delays in refunding the Deposit.
6. Chery will not be responsible for any charges or fees incurred as a result of the Deposit being refunded, including any charges or fees incurred by your financial institution or credit card issuer.

Liability

1. To the maximum extent permitted by law, Chery excludes all liability for any loss or damage of any kind (including but not limited to direct, indirect, incidental, consequential, special or exemplary damages, loss of profits, loss of data, or loss of opportunity) arising out of or in connection with the Pre-Sale service, these Terms and Conditions, or the information contained on the Chery website.
2. Chery will not be liable for any loss or damage arising out of or in connection with:
   1. any reliance on the information contained on the Chery website;
   2. any unauthorized access to or alteration of your transmissions or data;
   3. any statements or conduct of any third party on the Chery website; or
   4. any errors or omissions in the Chery website.
3. You indemnify and will keep indemnified Chery, its officers, employees, agents and related bodies corporate against any and all losses, damages, expenses, costs (including legal costs on a full indemnity basis) or other liabilities arising out of or in connection with any breach by you of these Terms and Conditions.

Changes to the Pre-Sale service

Chery reserves the right to make changes to the Pre-Sale service, these Terms and Conditions and the information contained on the Chery website at any time without notice. It is your responsibility to check these Terms and Conditions regularly for any changes.

Governing law

These Terms and Conditions are governed by the laws of the State of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Chery in relation to your use of the Pre-Sale service and supersede all prior agreements, arrangements and understandings.

Waiver

No waiver by Chery of any breach of these Terms and Conditions shall be considered as a waiver of any other breach.

Severability

If any part of these Terms and Conditions is found to be void, unlawful or unenforceable, that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

Contact us

If you have any questions about these Terms and Conditions or the Pre-Sale service, please contact us at:

Chery Motors Australia Pty Ltd
P.O Box 3516, Rhodes Post Office, NSW, 2138
Australia
Email: [email protected]