Jarvis Sales Terms and Conditions

1. (Terms of Use)
   These terms of use (Terms) set out the terms and conditions that apply with respect to your access to and use of the Jarvis Online Reservation Process.
   
   The Jarvis Online Reservation Process is made available to you by the following participating dealers:
   Wrightville Operations Pty Ltd ABN 34 008 046 820, Wrightville Corporation Pty Ltd ABN 34 097 843 091, Wrightville Nominees Pty Ltd ABN 78 117 534 782, Wrightville Resources Pty Ltd ABN 45 156 049 777, Wrightville Enterprises Pty Ltd ABN 43 156 049 768, Wrightville Advantage Pty Ltd ABN 76 159 577 483, Wrightville European Pty Ltd ABN 15 621 371 024 (individually and severally, Jarvis, us, we, our) and offers the ability to place Reservation Fees on selected vehicles through our websites.
   
   Your use of the Jarvis Online Reservation Process is governed by these Terms, and by using the Jarvis Online Reservation Process, you agree to these Terms as well as the Jarvis Privacy Policy and the Jarvis Privacy Collection Statement. The Jarvis Online Reservation Process enables you to:
   

   (a) browse the Jarvis vehicles available for sale from participating Jarvis dealers via the Jarvis Group and related websites;
   
   (b) indicate to those Jarvis dealers your interest in purchasing one of their vehicles; and
   
   (c) pay a Reservation Fee to a Jarvis dealer to hold a vehicle for a minimum of 1 business day (24 hours) while you agree to the terms of purchase with the dealer. Business days exclude Sundays and public holidays, and the reservation period will commence on the next business day if a reservation is made on a non-business day.

2. (Acceptance of Terms of Use)
   By using the Jarvis Online Reservation Process you accept and agree to be bound by these Terms, which set out Jarvis’ obligations to you and your obligations to Jarvis, in relation to the use of the Jarvis Online Reservation Process. Your use of the Jarvis Online Reservation Process forms a contract between you and the relevant Jarvis dealer that holds the vehicle you are enquiring on, consisting of these Terms to the exclusion of all other terms and conditions, which is formed when the dealer accepts your offer to reserve the vehicle as described in clause 4 below.
3. (Vehicle Availability)
   Participating Jarvis dealers may, from time to time, make one or more of the following vehicle types available for you to place an order or enquiry via the Jarvis Online Reservation Process: vehicles currently in stock at the participating Jarvis dealer (new, pre-owned and demonstrator models); and vehicles on order from the factory by the participating Jarvis dealer. The Jarvis Online Reservation Process gives you the ability to "Reserve” the vehicle, requesting that the relevant Jarvis dealer holds the particular vehicle for a minimum of 1 business day (subject to confirmation of availability) in exchange for your payment of a Reservation Fee to the Jarvis dealer. The availability of vehicles listed on the Jarvis websites is based on Jarvis’ records at the time of publication. Submitting an Online Reservation request does not guarantee that you will be able to purchase the vehicle selected by you and vehicle availability is subject to confirmation by the selling dealer on receipt of the applicable Reservation Fee.

4. (Process)
   The Jarvis Online Reservation Process is a convenient communication method with the relevant Jarvis dealer made available to you by Jarvis for the purposes described in clause 1 above. Jarvis expects that the following process will occur:
   
   (i) Following your payment of the Reservation Fee:

   (ii) you will receive an email or SMS confirming that your Reservation Fee has been sent to the selling dealer and providing a link to download your receipt;
   
   (iii) a member of the relevant Jarvis dealer's team will contact you to confirm whether the selected vehicle is available for sale from the dealer and to discuss next steps;
   
   (iv) if your selected vehicle is not available or if the Jarvis dealer does not accept the reservation request for any reason, your dealer will issue you with a full refund of your Reservation Fee;
   
   (v) if your reservation request is accepted:
   
   (A) the dealer will reserve the selected vehicle for a minimum of 1 business day from the time that you submitted your Reservation Fee via the Jarvis Online Reservation Process (unless you cancel the order earlier or the dealer agrees to extend the holding period beyond 1 business day) to enable you to negotiate the purchase of the vehicle from the dealer (including final sale price, any trade-in value and financing options);
   
   (B) if you require more time to finalise the purchase of your vehicle, you may request that the dealer extend the holding period for such additional period as may be agreed between you and the dealer. The dealer is under no obligation to agree to extend this period;
   
   (C) if you decide to move ahead with the purchase, your Reservation Fee will become a deposit towards the final purchase price that you agree with your dealer for your vehicle;
   
   (D) if at any time prior to entering into a purchase agreement for the vehicle you decide not to move ahead with the purchase, you may request a refund of the Reservation Fee and the Jarvis dealer will issue to you a full refund of your Reservation Fee and release the hold on your selected vehicle;
   
   (E) on expiry of the minimum 1 business day holding period, your dealer may, at its discretion, advise you that your hold will be cancelled within 24 hours, in which case the hold will be cancelled after that time (unless you request an extension of the holding period and the dealer agrees to that request) and a refund of your Reservation Fee will be issued.;

5. (Not an Agreement to Purchase)
   Nothing in these Terms constitutes an agreement governing any matter arising subsequent to or outside of your use of the Jarvis Online Reservation Process, including any contract to purchase a vehicle that is the subject of an Online Enquiry or Reservation Fee (including for the purposes of any legislation or regulation governing the sale of motor vehicles), nor is this an offer by Jarvis to sell any vehicle to you that is capable of acceptance by you. Any purchase agreement for a vehicle must be entered between you and the Jarvis dealer either in person, at the dealership, or by an online process agreed between you and the Jarvis dealer (Dealer Sales Contract). If you decide to enter into a Dealer Sales Contract, that Dealer Sales Contract will set out all terms and conditions on which you purchase the vehicle from the selling dealer.
6. (Pricing)
   Pricing of the Vehicle on the Jarvis websites and Jarvis Online Reservation Process is subject to the following terms:
   
   (a) (a) (Manufacturer's Recommended Drive Away Price) For new vehicles currently in stock at participating dealers, the price for the vehicle displayed on the Jarvis websites and Jarvis Online Reservation Process is the Manufacturer's Recommended Drive Away Price (MRDP) including optional equipment fitted. The MRDP is for the new vehicle in the configuration and with the options and other features that the vehicle is equipped with, as available for sale from the Jarvis dealer and as listed or disclosed, and includes Recommended Dealer Delivery Charge, Government taxes, and statutory charges at the time of publishing and based on the State or Territory where the dealer is located. If you register the vehicle in a different State or Territory, the MRDP may vary from that above as a result of differences in price components such as stamp duty and/or registration fees.
   
   (b) (Dealer List Price) For pre-owned and demonstrator vehicles currently in stock at Jarvis dealers, the price for the vehicle displayed on the Jarvis websites and Jarvis Online Reservation Process is the Dealer List Price. The Dealer List Price is the price specified by the relevant dealer offering the pre-owned and/or demonstrator vehicle for sale, in the configuration and with the options and other features that the vehicle is equipped with, as available for sale from the Jarvis dealer and as listed or disclosed. The Dealer List Price may be listed as a "Drive away price" which includes any Dealer Delivery Charge, Government taxes and statutory charges at the time of publishing. Where the Dealer List Price is listed as "Excl. Govt. Charges", Government taxes and statutory charges are not included and may vary according to the State or Territory of vehicle registration as a result of differences in price components such as stamp duty and/or registration fees. The actual drive-away price is subject to agreement with the selling dealer and will differ depending on choice of dealer and individual circumstances.
   
   (c) The final drive-away price payable by you for the vehicle, as well as any trade-in value, financing options, and other transaction costs will be agreed between you and your selected Jarvis dealer at the time when you enter into the Dealer Sales Contract. On-road costs can change and depend on many factors, such as your registration address, vehicle usage and licence plate type. The final drive away price will be set out in the Dealer Sales Contract and may be different from the MRDP or Dealer List Price shown on the Jarvis websites or in the Jarvis Online Reservation Process (Final Purchase Price). Once you enter into the Dealer Sales Contract, the amount of the Reservation Fee will be applied towards payment of the Final Purchase Price of the Vehicle and thereby reduce your payment obligations under the Dealer Sales Contract.
7. (Privacy Collection Statement)
   By using the Jarvis Online Reservation Process you agree and accept that Jarvis will collect your personal information, such as your name and contact details, for the purpose of facilitating your use of the Jarvis Online Reservation Process, responding to your queries and otherwise dealing with you. Your personal information will be collected and stored in accordance with the terms of our Privacy Policy. Failure to provide your personal information may prevent you from using the Jarvis Online Reservation Process and. We may disclose your personal information to third parties, our service providers, or as required by law. We may also share your personal information with our related bodies corporate, other Jarvis dealers, or entities associated with Jarvis, some of which may be located overseas. Further information about our privacy practices is available in our Privacy Policy located at https://www.jarviscars.com.au/about/privacy/
   
   
   
8. (Disclaimers)
   (a) While every effort has been made to ensure that the information included in the Jarvis Online Reservation Process is correct and up to date, it is possible that inaccuracies may be present and Jarvis makes no representations, guarantees or warranties as to the accuracy of the information (including images) included in the Jarvis Online Reservation Process.
   
   (b) Images for new vehicles listed on the Jarvis websites and the Jarvis Online Reservation Process may be digitally generated according to Vehicle specifications from factory systems and may display overseas configurations.
   
   (c) Any specified fuel consumption and emission data have been derived from standardised laboratory testing in accordance with ADR 81/02. They do not refer to a particular individual vehicle and do not constitute part of any sales offering. They are intended exclusively as a means of comparison between different vehicle types. Additional equipment and accessories (e.g. add-on parts, different tyre formats, etc.) may change the relevant vehicle parameters, such as weight, rolling resistance and aerodynamics, and, in conjunction with weather and traffic conditions and individual driving style, may affect fuel consumption, electrical power consumption, CO2 emissions and the performance figures for the vehicle.
   
   (d) Prices displayed are as described in clause 6 above. Actual drive away price, trade-in value, financing options and sales transaction is subject to agreement with the Jarvis dealer.
   
   (e) By using the Jarvis Online Reservation Process, you represent and warrant that all information you provide via the Jarvis Online Reservation Process is true and accurate. If at any time Jarvis discovers that any of the information that you have provided is not true and accurate, Jarvis reserves the right to cancel your vehicle reservation (subject to refunding of your Reservation Fee).
   
   (f) To the full extent permitted by law, Jarvis excludes all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity, loss of profit or loss of data, and including for negligence) which you may suffer or incur in connection with the use of the Jarvis Online Reservation Process, including but not limited to any technical difficulties or access issues with the Jarvis Online Reservation Process (whether or not under our control), other than our obligation to refund your Reservation Fee in accordance with these Terms.  Jarvis limits any liability which cannot be excluded or limited, at its option, in the case of services, supplying the services again or payment of the cost of supplying the services again.  Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.
   
   (g) Jarvis reserves the right to withdraw the Jarvis Online Reservation Process and remove it from access and our websites for any reason and at any time.
   
   (h) Jarvis and the dealers are not bound to hold or reserve the vehicle beyond the agreed reservation period, and will be free to sell or deal with the vehicle in their sole discretion after expiry of the reservation period if you have not entered into a Dealer Sale Contract at that time.
9. (Governing Law and Jurisdiction)
   These Terms are governed by the laws applicable in the State of South Australia, and the parties submit to the exclusive jurisdiction of the Courts of that State. 
10. (Entire Agreement) These terms constitute the entire agreement between Jarvis and you for the reservation of the vehicle by you, and supersede any previous arrangements or any terms (including any verbal discussion, summary or explanation by any representative of Jarvis).
11. (Force Majeure) If Jarvis is unable to perform its obligations under these terms due to circumstances beyond our reasonable control (Force Majeure), Jarvis may suspend its obligations under these terms, in whole or in part, for the duration of the Force Majeure event by notice to you.

Please contact [email protected] should you require any assistance or further information.