48 hour return promise at Phil Gilbert Toyota

#Phil Gilbert Toyota Used/Preowned Car “48 Hour Return Promise” Terms and Conditions 

1. This promotion is conducted by Gillen Motors Pty Ltd trading as Phil Gilbert Toyota, (“Phil Gilbert Toyota”) of 66 - 76 Parramatta Road, Lidcombe NSW 2141 and 730 Parramatta Road Croydon 2132.

2. The offer commences at 8.00 a.m. on 1 September 2021 and ends at 8.00 p.m. on 31 December 2021.

Eligibility:
3. To be eligible, a Guest must;
a.      purchase a used/preowned vehicle (the “Vehicle”) from Phil Gilbert Toyota; and
b.      take delivery of the Vehicle.

4. A used or preowned vehicle is not a new, demonstrator vehicle purchased from Phil Gilbert Toyota.

5. A Guest is only eligible to access the “48 Hour Return Promise” twice in any 12 month period. The 12 month period is calculated from the date of the Guest’s first accessing the “48 Hour Return Promise” for the first time.

Exceptions:
6. 
The “48 Hour Return Promise” will not apply in the following circumstances, if;
a.      the Vehicle purchase was financed, and the amount refundable is not sufficient to payout the loan; or
b.      the Vehicle has driven more than 300km since delivery; or
c.      the Vehicle sustains any damage or has been in an accident before it is returned (whether or not the Guest is at fault); or
d.      the Vehicle has been modified in any way by the Guest since delivery; or
e.      the Vehicle’s title has been transferred or purportedly transferred by the Guest; or
f.        the Guest has encumbered the Vehicle, other than anticipated in the case of a financed purchase of the Vehicle;
g.      the Vehicle is not in the same condition it was at the time of delivery to the Guest. The exception is fair wear and tear or a mechanical problem that was not caused by the Guest or the use of the Vehicle by the Guest.

Actioning the “48 Hour Return Promise”:
7. If none of the exceptions in 6 above apply, within 48 hours (2 consecutive days) of taking delivery of the Vehicle, the Guest is entitled to activate the “48 Hour Return Promise” and return the Vehicle to Phil Gilbert Toyota for a full refund of the purchase price of the Vehicle.

8. Activation of the “48 Hour Return Promise” must be provided by the Guest to Phil Gilbert Toyota in writing, via email sent to customer@philgilbert.com.au, within the 48 hour period from delivery of the Vehicle to the Guest.

9. “Full refund” means the total settlement amount listed in the Vehicle purchase contract less:
a.      Any costs of physically delivering the Vehicle to the Guest (ie transport costs); and
b.      Any payments made to the NSW Government or any other statutory authority on behalf of the Guest by Phil Gilbert Toyota (ie transfer stamp duty), but not including NSW registration; and
c.      If the Vehicle purchase was financed or partially financed, any break costs or other penalties charged by the financier to break/repay the finance contract.

10. The “full refund” does not include any consequential payments made by the Guest to any other party, including but not limited to, detailing costs, inspection costs, insurance costs, stamp duty costs, car rental costs, travel costs or expenses and plate swap costs. These costs will be borne by the Guest. The only exception would be where a Guest has purchased an unregistered Vehicle and paid for NSW registration of the Vehicle within the “48 Hour Return Promise” period.

11. The method of payment of the refund to the Guest will vary depending on the payment method as follows;
a.      If the purchase price, or part of it, was paid by cash, bank transfer, bank cheque or credit card, the refund will be paid to the Guest by direct credit into a bank account in the Guest’s own name only;
b.      If the purchase price, or part of it, was financed, the refund will be paid firstly to the finance company to discharge the loan and any balance remaining to the Guest by direct credit into a bank account in the Guest’s own name only;
c.      If the purchase price, or part of it, was paid by trade in vehicle and partly with cash, the trade in vehicle will be returned to the Guest and the balance of the purchase price, if any, will be paid in accordance with 11.a or 11.b above; or
d.      If the purchase price was paid by trade in vehicle and the value of the trade in vehicle exceeded the value of the Vehicle and at delivery of the Vehicle a payment was made by Phil Gilbert Toyota to the Guest, the trade in vehicle will be returned to the Guest upon both the return of the Vehicle and receipt of any payment made to the Guest at, or shortly after, delivery.

What the Guest agrees to do;
12. The Vehicle must be returned by the Guest to the place of purchase, either 76 Parramatta Road Lidcombe NSW 2141 or 730 Parramatta Road Croydon 2132 at the Guest’s expense and within 24 hours (or next business day that Phil Gilbert Toyota is open) of the Guest’s activation of the “48 Hour Return Promise”.

13. For the purposes of 12 above, the Vehicle includes;
a.      all books and keys provided at the time of delivery of the Vehicle to the Guest; and
b.      accessories fitted at the time of delivery of the Vehicle to the Guest; and
c.      if the Vehicle is registered the Vehicle’s original registration papers with the transfer section signed by the Guest.  

14. The Guest is responsible for and accepts responsibility for paying and/or reimbursing Phil Gilbert Toyota for all parking infringements, camera detected offences, fines, penalties, tolls and traffic violations incurred whilst the Guest is in control of the Vehicle.

15. The Guest acknowledges that Phil Gilbert Toyota will not insure the Vehicle during the “48 Hour Return Promise” period and that it is the Guest’s responsibility to arrange insurance of the Vehicle for that period.

What Phil Gilbert Toyota agree to do:
16.   If the Vehicle purchase was funded or partially funded by a trade in vehicle, Phil Gilbert Toyota will not sell that trade-in vehicle until the “48 Hour Return Promise” period has lapsed.

17. Any refund due to the Guest pursuant to the ““48 Hour Return Promise” in accordance with 11 above will be paid by Phil Gilbert Toyota to the Guest within 7 business days of the activation of the “48 Hour Return Promise” or the return of the Vehicle to Phil Gilbert Toyota, whichever is later.

18. The “48 Hour Return Promise” will not operate, and is not intended to operate, to modify or limit any rights that the Guest has under either manufacturer’s warranty, statutory guarantee, the Australian Consumer Law or any other relevant legislation. It is intended to operate in addition to the Guest’s legal rights.