AutoFlip Seller Agreement

AutoFlip Seller Agreement

By using the AutoFlip Sales Platform ("Platform") operated by IDOM Innovations Pty Ltd ABN 87 638 825 751 trading as AutoFlip of 132 Chestnut St, Cremorne, VIC ("AutoFlip" "us") you agree to be bound by the terms of this Seller Agreement ("Agreement"). If you do not agree to be bound by the terms of this Agreement you must not use our services or the Platform. You agree to appoint AutoFlip to find a buyer for your vehicle that you have entered onto or will enter onto the Platform ("Vehicle") pursuant to the terms of this Agreement.

The Sales Process

You agree that the reserve sale price for the Vehicle will be set by you through our Platform and understand that upon achievement of the reserve sale price by AutoFlip you agree to sell the Vehicle to the highest bidder after we receive a further confirmation from you regarding the final sale price of your Vehicle.

If the sale price for the Vehicle does not meet the reserve, a representative from AutoFlip will negotiate with the prospective buyers of the Vehicle to achieve the highest offer possible which will be referred to you for consideration as to whether you want to proceed with the sale.

You understand that upon achieving an agreed-upon sale price with us, you agree to proceed with the sale of the Vehicle at such agreed-upon sale price, subject to the Vehicle inspection carried out by the buyer.

Once a final sale price is agreed with you, AutoFlip will instruct the buyer to contact you to arrange the inspection and pickup of your Vehicle, unless a separate arrangement was made for your car sale. If a separate arrangement was made, then AutoFlip will help facilitate communication between you and the buyer to support you to agree on how the Vehicle will be transported from you to the buyer.

You will transfer possession of the Vehicle at the time and in the manner agreed with the buyer of the Vehicle once you are satisfied that the buyer has arranged payment.

Seller Success Fee

If you sell your Vehicle the seller success fee payable by you for the use of the AutoFlip Platform and sales service are based on the amount that you sell the Vehicle for:

If the price of the Vehicle is re-negotiated with the buyer of the Vehicle, the seller success fee payable by you for the use of the AutoFlip Platform will be calculated based on the final sale price paid to you by the buyer of the Vehicle.

If AutoFlip is unable to find a buyer of the Vehicle, you will not be required to pay any seller success fee.

You acknowledge that AutoFlip also receives a fee from the buyer of the Vehicle.

Cancellation Fee

Once you have agreed to proceed with the sale of the Vehicle to a buyer, you are bound to proceed with such sale. You acknowledge and agree that you will be required to pay AutoFlip $198 (including GST) as a cancellation fee if:

1. you instruct AutoFlip not to proceed with the sale process or to cancel the sale of the Vehicle which has been agreed with you and the buyer, for any reason including, without limitation, where you decide to sell the Vehicle through a channel or platform other than the Platform; or
2. the sale is cancelled by the buyer solely due to your misdescription of the Vehicle (including but not limited to inaccuracies in your description of the Vehicle's condition, particulars, history or any other matter regarding the Vehicle which is likely to be of material importance to a buyer of the Vehicle), as determined by AutoFlip at its sole discretion (acting reasonably).

AutoFlip will issue you with a notice in writing if it considers that a cancellation fee is payable, and will specify the amount payable and the deadline for payment. You must promptly pay any cancellation fee to AutoFlip in accordance with any such notice issued by AutoFlip.

Fee Payment

You agree that the seller success fee payable under this Agreement is due 7 days after AutoFlip agrees a sale on your behalf with the buyer. You agree that AutoFlip is authorised to charge any seller success fee or cancellation fee when due and payable under this Agreement to your nominated payment card (or in accordance with any other payment method agreed with you via the AutoFlip Platform).You must pay the seller success fee or cancellation fee when due under this Agreement in accordance with the payment method prescribed by AutoFlip as notified to and agreed with you via the AutoFlip Platform and you must provide the information required for payment to AutoFlip's nominated payment platform provider when requested by AutoFlip.

You are appointing us to find a Buyer for the Vehicle

You warrant that:

1. You are the owner of the Vehicle or are otherwise authorised to sell the Vehicle on behalf of the owner.
2. The Vehicle will be free of any encumbrances at the time of transfer other than those encumbrances that have been notified by you to AutoFlip.
3. As a condition of AutoFlip providing the services to you, you will not advertise the Vehicle for sale by other means during the time that AutoFlip is selling the vehicle on your behalf as this could have an adverse effect on the sales process. If the Vehicle is advertised for sale prior to engaging with AutoFlip you agree to suspend these listings whilst the Vehicle is being offered for sale by AutoFlip.
4. You have described the Vehicle condition accurately through the Platform or to AutoFlip and have declared any known faults but not limited to: paint and panel condition including any minor or major dents and paint fade, tyre tread condition, warning lights on the dashboard, registration expiry date, general interior condition, any mechanical and engine issues including oil leaks and well as service history.

While AutoFlip will use all reasonable efforts to find a buyer for the Vehicle at the highest price, you acknowledge and agree that AutoFlip is not able to guarantee that it will be able to find a buyer for the Vehicle or attain a certain price for the Vehicle and disclaims and excludes all liability to you in respect of AutoFlip being unable to find a Buyer for the Vehicle other than liability to you that cannot be excluded by law (including liability for a breach of any consumer guarantee under the Australian Consumer Law).

Further, you acknowledge and agree the contract of sale in respect of the Vehicle will be separately entered into between you and the buyer of the Vehicle (which may be in the form of a Dealer Application for Transfer of Registration) and otherwise, no contract for sale and purchase in respect of the Vehicle will be created between AutoFlip and you.

AutoFlip takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to AutoFlip's Privacy Policy, which is available at www.autoflip.com.au.

The terms of this Agreement set out above and the terms at www.autoflip.com.au ("Website Terms") represent the entire agreement between the parties (but, for the avoidance of doubt, nothing in this clause is intended to exclude liability for fraudulent misrepresentation or any other misrepresentations which cannot be excluded by law). To the extent of any inconsistency between the terms of this agreement and the Website Terms, these terms will prevail.