Polestar New Vehicle Sales Contract
Cooling Off (only applicable if the sale is made in Victoria)
IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF
If none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.
To end the contract within this time, you must give the motor car trader or the motor car trader's agent written notice that you are terminating the contract.
If you end the contract in this way, Polestar will refund all of the money you have paid. It may keep-
$400 or 2 per cent of the Price (whichever is greater) where this is not an off-trade premises sale; or
$100 or 1 per cent of the Price (whichever is greater) where this is an off-trade premises sale. An "off-trade-premises" sale is one in which you agree to purchase the car while you are at home or at your workplace and you did not ask for the agreement to be signed at your home or workplace.
EXCEPTIONS—the 3-day cooling-off period does not apply if-
the vehicle being sold is a commercial vehicle; or
you are a motor car trader; or
you are a body corporate; or
you accept delivery of the vehicle within the cooling-off period.
IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF
1. DEFINITIONS
1.1.
Capitalised terms in these terms and conditions have the meaning given on the front page of this Contract.
1.2.
‘Amounts Paid’ means amounts that have been paid by the Customer to Polestar in part payment of the Price.
1.3.
‘Balance Owing’ means the Price less any Amounts Paid.
1.4.
‘Deposit’ means a deposit paid by the Customer to place an order for the Vehicle.
2. FORMATION
2.1.
The signing of this Contract by the Purchaser means an offer has been made to purchase the Vehicle on the terms and conditions stated in this Contract. No offer is made unless the Purchaser is provided with a copy of this Contract at the time it is signed by the Purchaser.
2.2.
The offer of the Purchaser is accepted by Polestar when:
(a) this Contract is signed by Polestar or a person authorised by Polestar; and
(b) notice of the acceptance is given to the Purchaser.
This Contract will then be binding on both parties.
2.3.
The offer of the Purchaser may be withdrawn by the Purchaser any time before it is accepted by Polestar. It will automatically lapse at the close of business on the next normal business day for motor vehicle dealers.
3. FINANCE
3.1.
Where this Contract is subject to the Purchaser obtaining finance, the Contract is conditional upon the Purchaser obtaining approval for the granting of a loan:
(a) before the Latest Time stated in the Contract;
(b) for the amount stated in the Contract;
(c) from the Lender named in the Contract (or a lender acceptable to the Purchaser); and
(d) upon reasonable terms and conditions in the circumstances.
3.2.
The Purchaser agrees to take all reasonable steps toward obtaining loan approval.
3.3.
If the Purchaser has taken all reasonable steps towards obtaining loan approval, but does not obtain approval, then either the Purchaser or Polestar may terminate this Contract by giving notice to the other party. Polestar must immediately refund any Amounts Paid and the Deposit to the Purchaser.
3.4.
Where requested by the Purchaser, Polestar will transfer title to the Vehicle to the Purchaser’s lender upon receiving the Balance Owing.
4. THE PURCHASE PRICE
4.1.
Prior to delivery of the Vehicle, the Purchaser will pay to Polestar the Balance Owing unless Polestar has advised the Purchaser that the application for a Vic Gov ZEV Subsidy has been successful in which case the Purchaser will pay to Polestar prior to delivery of the Vehicle the Balance Owing, less the Vic Gov ZEV Subsidy. The payment by the Purchaser will be made via a bank transfer.
4.2.
In the case of a new Vehicle, if at any time after this Contract becomes binding on both parties but before delivery of the Vehicle to the Purchaser, the cost of the Vehicle to Polestar changes because there is a change in statutory charges which apply to the Vehicle, the Balance Owing will be adjusted by the corresponding amount.
5. DELIVERY OF THE VEHICLE
5.1.
Polestar will deliver the Vehicle to the Purchaser on or before the Estimated Delivery Date.
5.2.
In the case of a new Vehicle, if an Estimated Delivery Date is not stated in this Contract, Polestar will deliver the Vehicle within three (3) months of this Contract becoming binding on the parties.
5.3.
If the Vehicle is unable to be delivered in accordance with clauses 5.1 or 5.2, the Purchaser may terminate the Contract but will not be entitled to claim any damages from Polestar.
5.4.
If the Purchaser does not take delivery of the Vehicle within 14 days of being notified that the Vehicle is ready for delivery, Polestar may terminate the Contract.
5.5.
Delivery of the Vehicle to the Purchaser will take place at the Polestar Handover Partner’s Premises, unless other arrangements are agreed to between the Purchaser and Polestar.
6. PASSING OF PROPERTY AND RISK IN THE VEHICLE
6.1.
Polestar remains the owner of the Vehicle until the Price has been received in full by Polestar.
6.2.
Risk in the Vehicle and the responsibility to insure the Vehicle will pass from Polestar to the Purchaser when the Vehicle is delivered by Polestar to the Purchaser, unless the Purchaser and Polestar agree to some other arrangement and include it as a Special Condition of this Contract. This applies whether delivery occurs at the Polestar Handover Partner’s Premises or any other location.
7. PURCHASER WARRANTY
The Purchaser warrants that it has provided all relevant information to Polestar before signing this Contract and that the information is true and correct.
8. PURCHASER’S RIGHT TO TERMINATE THIS CONTRACT
8.1.
The Purchaser may terminate this Contract if Polestar has breached any of the obligations imposed on Polestar by this Contract.
8.2.
If this Contract is validly terminated by the Purchaser, Polestar must immediately refund any Amounts Paid and the Deposit to the Purchaser.
9. POLESTAR’S RIGHT TO TERMINATE THIS CONTRACT
9.1.
Polestar may terminate this Contract if the Purchaser has breached any of the obligations imposed on the Purchaser by this Contract.
9.2.
If this Contract is validly terminated by Polestar, Polestar may seek from the Purchaser, as pre estimated liquidated damages, an amount up to, but not exceeding:
(a) 5% of the Price, if the Purchaser orders or takes delivery of the Vehicle in Western Australia; or
(b) otherwise, 15% of the Price.
Any Amounts Paid and the Deposit may be used by Polestar to meet the pre estimated liquidated damages payable by the Purchaser. Polestar will refund any surplus to the Purchaser.
10. SCHEDULED MAINTENANCE
10.1.
In this clause ‘Scheduled Maintenance’ means the standard scheduled service program for the Vehicle as recommended by Polestar, details of which can be found at: https://www.polestar.com/au/owning-a-polestar/service-and-maintenance/.
10.2.
Subject to this clause, the Vehicle includes the cost of Scheduled Maintenance for the first 5 years following the registration of the Vehicle or 100,000 kms, whichever occurs first (‘Included Scheduled Maintenance’).
10.3.
The Purchaser can choose which Polestar Authorised Service Partner carries out the Included Scheduled Maintenance.
10.4.
To be entitled to the Included Scheduled Maintenance, the Purchaser must:
(a) drive, maintain and manage the Vehicle in accordance with the instructions given in the User Manual of the Vehicle as well as its Status & Warranty handbook; and
(b) conduct routine checks of fluid levels in the Vehicle between recommended service intervals and, if needed, fill up the fluid levels at the Purchaser’s expense.
10.5.
Any work which is required to be carried out on the Vehicle and is in addition to the Included Scheduled Maintenance will be at the cost of the Purchaser unless it is subject to the Polestar warranty or any statutory right of the Purchaser.
11. STATUTORY RIGHTS
This Contract is in addition to any other rights that the Purchaser has in relation to the Vehicle, including under the Australian Consumer Law and other Commonwealth, State and Territory laws.
12. NOTICES
12.1.
All notices required by this Contract may be given by direct communication, telephone, electronically, fax or post to the addresses and numbers included in this Contract.
12.2.
If sent by post, a notice will be considered to have been received, unless the contrary is shown, at the time when the notice would have been delivered in the ordinary course of the post.
13. ASSIGNMENT
The Purchaser may not assign its rights under this Contract without the prior written consent of Polestar.
14. GOVERNING LAW AND JURISDICTION
This Contract is governed by the laws in force in the State or Territory in which the Purchaser takes delivery of the Vehicle. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State or Territory.
15. Cooling Off (only applicable if the sale is made in the ACT)
15.1.
Unless the Purchaser is a motor vehicle dealer or a corporation, the Purchaser may, by written notice to Polestar, end this contract within 3 clear business days of the day that the Purchaser signs this contract.
15.2.
If this contract is ended in this way, Polestar will refund all of the money paid by the Purchaser except, $100 or 1% of the Price (whichever is greater).
16. WARRANTY (only applicable if the sale is made in Tasmania)
Subject to section 45 of the Motor Vehicle Traders Act 2011 (Tas), Polestar warrants that:
(a) the Vehicle is fit for the purpose or purposes for which such a vehicle is commonly purchased to such extent as it is reasonable in the circumstances to expect, having regard to the age, description and price of the Vehicle and all other relevant circumstances; and
(b) the Vehicle and all its parts are in working order at the time of the sale.