When entering into a consignment contract with a member of the public, all contracts must be in writing and contain all of the following conditions, as required by the Motor Vehicle Dealers (Sales) Regulations 1974. The Motor Trade Association of WA`s standard consignment contract meets these requirements. In principle, a condition is imposed on all licensees to prevent the sale of consignments. To remove this condition from a licence, the Commissioner must be satisfied that the licensee still has sufficient financial resources. In accordance with the agreement, a merchant cannot charge the owner for repairs before the sale, unless he has the prior written consent of the owner. The dealer must pay for warranty repairs that cannot be reincarnated by the shipper (owner). 1. Creation 1.1 The signing of this contract by the owner and the dealer or a person authorized by the dealer means that an agreement has been entered into between the owner and the dealer for the sale of the vehicle under this contract. 1.2 No agreement is concluded unless a copy of this contract is made available to the owner at the time of its signature by the owner and the merchant or by a person authorized by the merchant. 1.3 The owner grants the dealer the exclusive right to sell the vehicle for the period indicated in the contract. 2. Selling Price 2.1 The dealer may sell the vehicle for more than the amount agreed as the minimum selling price for the vehicle. The merchant has the right to withhold as a commission any amount exceeding the minimum selling price.
3. Billing 3.1 If the dealer sells the vehicle, the dealer pays the owner the full net proceeds within two business days of receipt of payment. 3.2 If payment was made by cheque for all or part of the sale price of the vehicle, payment shall not be deemed to have been received by the dealer until the cheque has been cashed. 3.3 The Dealer will only disclose the Vehicle to the Buyer once the Purchase Price has been paid in full to the Dealer. 4. Ownership 4.1 The owner retains ownership and ownership of the vehicle until the purchase price is paid in full to the dealer. 5. Liability for repairs 5.1 Subject to clause 8.1, the owner is responsible for the costs of repairing defects or defects found before the sale of the vehicle. 6.
Vehicle declared unfit for sale 6.1 The dealer will inform the owner if the vehicle is declared non-marketable by a governmental authority. 6.2 The Owner is responsible for any costs or measures necessary to declare the commercial vehicle or to remove the vehicle from the dealership compound. 7. Payment for repairs 7.1 The dealer will not perform work on the vehicle without the prior written consent of the owner. The owner may authorize the dealer to deduct the costs of repairing the product to be paid after the sale of the vehicle….