Price Smash Guarantee

Our Performance Agreement To You

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Terms and Conditions of the Price Smash Guarantee Offer by Carmada (AUS) Pty Ltd

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1. Introduction

Welcome to the Price Smash Guarantee Plus Offer by Carmada (AUS) Pty Ltd, a testament to our unwavering commitment to rewarding customer loyalty and ensuring your satisfaction from start to finish. At Carmada, we understand that purchasing a vehicle is a significant decision, and we are here to support you every step of the way. This Offer is specially crafted for customers who not only embark on this journey with us but also see it through to the very end. It's our way of saying 'thank you' for placing your trust in Carmada and choosing us as your partner in this important milestone. By participating in this Offer, you're not just buying a car; you're joining a community of valued customers who appreciate the unparalleled service and dedication that come with being a part of the Carmada family.

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These Terms and Conditions govern the Price Smash Guarantee Plus Offer ("Offer") by Carmada (AUS) Pty Ltd ("Carmada"), a registered car brokerage business in Australia. Participation in this Offer constitutes acceptance of these terms.

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2. Eligibility

a. The Offer is exclusively available to individuals who successfully finalise the purchasing of an eligible vehicle through Carmada. This Offer is our way of thanking you for your trust and dedication. To be eligible, customers must have entered into a purchasing agreement with Carmada. Prospective customers without a signed agreement are not eligible for this offer. Each eligible customer is limited to one claim per purchase agreement, irrespective of the number of vehicles being purchased.

b. Eligible vehicles must match the make, model, and specifications detailed by Carmada in line with our agreement. At Carmada's discretion, offers from competing dealerships must be within a 100km radius of either the customer’s residence or Carmada’s operational base.

c. Eligible customers must invoke the Price Smash Guarantee in writing within 14 days from the date of signing their purchasing agreement with Carmada. This timeframe is critical for the validation of any claim under this offer. Competing dealerships must have a minimum operational history of one year.

d. Customers are required to submit comprehensive documentation for eligibility, including official invoices, proof of offer validity, and evidence of vehicle stock availability from the competitor.

e. The Offer does not apply to negotiated deals, auctions, trade-ins, private sales, demo models, or transactions outside the 14-day window. Offers from new or exclusively online platforms with less than a year of operation are excluded.

f. This Offer is fundamentally and exclusively designed to protect and benefit customers who complete their vehicle purchase through Carmada. Accordingly, the Price Smash Guarantee is intended to support and reward our customers. Prospective customers who decide against finalising a purchase agreement initiated with Carmada, or who withdraw from such an agreement at any stage—whether prior to the finalisation of the purchase or subsequent to taking delivery of the vehicle—are not eligible for this Offer.

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3. Comparison Criteria

a. Comparisons are based on the total advertised price of the competing vehicle, including all identical options and specifications. Geographic and operational limitations apply.

b. Only offers from local dealerships within the specified radius and select competitors identified by Carmada are eligible.

c. Verification of competing offers includes direct communication with competitors by Carmada to confirm legitimacy and availability. This step is undertaken with the understanding that our customers intend to finalise their purchase with us, reinforcing the trust and confidence placed in Carmada.

d. The Offer excludes special promotions, clearance sales, demo vehicles, and limited-time offers.

e. Claims based on insufficient or unverifiable evidence will be rejected.

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4. Refund and Compensation

a. Eligible claims may result in a refund of the price difference. Prior to issuing a refund, Carmada reserves the right to purchase or facilitate the purchase of the vehicle from the competitor at its discretion.

b. Compensation is adjusted to a variable percentage of the price difference, capped at a $500 value, either as a gift card or alternative compensation, at Carmada's sole discretion, scaled according to the size of the price difference. The compensation tiers offer a scaled compensation based on the price difference up to a maximum of $500 worth of gift cards.

·      $0 to $1000 Price Difference: $100 in gift cards

·      $1001 to $2000 Price Difference: $200 in gift cards

·      $2001 to $3000 Price Difference: $300 in gift cards

·      $3001 to $4000 Price Difference: $400 in gift cards

·      $4001 to $5000 Price Difference: $500 in gift cards

·      $5001 to $6000 Price Difference: $600 in gift cards

·      $6001 to $7000 Price Difference: $700 in gift cards

·      $7001 to $8000 Price Difference: $800 in gift cards

·      $8001 to $9000 Price Difference: $900 in gift cards

·      $9001 and upwards Price Difference: $1000 in gift cards

c. The gift card, subject to terms including an expiry date, is for personal use and redeemable at specified stations. Unauthorised use will lead to forfeiture of the Offer and possible legal action.

d. Claims are only eligible if the customer has not initiated a purchase with a competitor or cancelled their agreement with Carmada. Carmada reserves the right to verify the completion of the purchase agreement before issuing any refund or compensation. Eligibility for refunds and compensation under this Offer is predicated on the completion of your vehicle purchase with Carmada. Our aim is to support and reward your journey with us, from start to finish.

e. see also section 9. Liability Clauses for more information on Carmada's total liability cap under this Offer.

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5. Submission Process

a. Claims for a price smash refund and any eligible compensation must be lodged within 14 days following the vehicle purchase agreement or contract being signed, accompanied by comprehensive evidence of the competing offer.

b. Carmada reserves the right to reject any claim that does not satisfy the eligibility or comparison criteria fully.

c. Prospective customers interested in the Price Smash Guarantee should consult a Carmada representative to understand how this offer could apply to their potential purchase. Please note that eligibility for the offer begins only upon signing a purchasing agreement with Carmada.

d. Post-Signing Action Plan:

· Immediate Post-Signing: Upon signing the purchasing agreement, customers are encouraged to review competing offers for the same make and model of their purchased vehicle. This diligence phase should occur within the first 14 days post-signing.

· Documentation Collection: If a better price is found, gather all necessary documentation, including official invoices, proof of offer validity, and evidence of vehicle stock availability from the competitor. All submissions must include a comprehensive package of documentation, including, but not limited to, proof of the competing offer (official quote or invoice with company letterhead and direct personal contact information, valid offer dates, vehicle availability), as well as proof of the customer's purchase from Carmada (sales contract, receipt).

· Submission of Claim: Submit your claim to Carmada within the 14-day window from the date of the purchasing agreement. Your submission must include comprehensive documentation as specified in Section 5. Submission Process.

· Claim Review Period: Carmada implements a mandatory verification period of up to 14 days from the receipt of a price smash request to confirm the validity of the competing offer and the customer’s purchase documentation.

· For Customers Approaching the 14-Day Limit: If nearing the end of the 14-day eligibility period, ensure that your claim and all required documentation are submitted promptly. Late submissions cannot be considered for the Price Smash Guarantee.

· Remember, this Guarantee is a benefit for those who follow through with their Carmada purchase agreement to the end. Withdrawing from your agreement at any stage makes you ineligible for this Offer.

e. The responsibility for providing accurate information, proof of purchase, and documentation related to the competing offer rests solely with the customer.

f. The Offer is limited to one price match request per customer, per agreement, irrespective of the number of vehicles on the agreement, to ensure fairness and prevent abuse.

g. Verification Period: Carmada implements a mandatory verification period of up to 14 days from the receipt of a price smash request to confirm the validity of the competing offer and the customer’s purchase documentation.

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6. Prevention of Collusion

a. Carmada will deny any price match request suspected of involving collusion with competitors to undermine the integrity of the Offer.

b. Acts of collusion, including the presentation of fake or artificially low-priced offers, will result in immediate disqualification from the Offer and potential legal action.

c. Investigations to confirm the authenticity of competing offers may be conducted, focusing on verifying the legitimacy of such offers and identifying any signs of collusion.

d. Investigations into suspected collusion will include examining patterns such as coordinated submissions from multiple customers or suspicious similarities between competing offers. Evidence of such activities will lead to disqualification and potential legal repercussions.

e. Evidence for Investigation: Carmada may require detailed evidence for investigating potential collusion, including communication records with competitors and transaction timelines. False claims may lead to disqualification, legal action, and reporting to authorities.

f. Penalties for Fraud: Any attempt at fraud will be met with strict penalties, including legal prosecution and potential financial restitution to Carmada.

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7. Carmada's Discretion and Right to Purchase

a. Carmada holds the exclusive right to decide whether to match or better the competing offer, facilitate the vehicle's purchase from the competitor, or provide a refund of the price difference along with compensation, following a comprehensive review of each claim.

b. In cases where Carmada opts to facilitate the purchase, the customer may be offered the vehicle under the terms of the new deal or receive the capped compensation without additional refunds.

c. Discretion in Offer Application: Carmada retains sole discretion in determining the validity of claims based on submitted documentation and the authenticity of the competing offer.

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8. Conditionality of Price Smash Guarantee

a. Eligibility for the Price Smash Guarantee is contingent upon the customer completing the vehicle purchase through Carmada.

b. Benefits, including refunds and compensation, are applicable only if the transaction is finalised with Carmada.

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9. Liability Clauses

a. Carmada's liability under this Offer is capped at $1000 per claim, including any compensation (including gift cards) or price differences.

b. Upon reaching the liability cap, Carmada reserves the right to terminate the Offer and cease processing further requests.

c. Carmada is not liable for transactions between the customer and the dealership, including purchases, financing, or service contracts.

d. Disputes arising between the customer and the dealership fall outside Carmada’s responsibility, emphasising the need for customer diligence.

e. Exclusion of Indirect Damages: Carmada will not be liable for indirect, incidental, consequential damages, or lost profits arising from or related to the Offer.

f. Annual Claim Cap: Carmada reserves the right to cap the total number of successful price smash claims in any given calendar year to manage financial exposure.

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10. Customer Responsibility for Submitted Funds

a. Responsibility for any funds submitted to Carmada or affiliated dealerships, including non-refundable amounts due to contractual obligations, rests with the customer.

b. Carmada disclaims liability for losses incurred due to failure to adhere to contractual timelines or conditions established by the dealership.

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11. Modification and Termination

a. Carmada retains the right to modify or terminate the Offer at any time, without prior notification, ensuring the Offer's sustainability and adherence to regulatory requirements.

b. Any modifications or terminations will not affect claims submitted prior to such changes.

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12. Governing Law and Jurisdiction

a. The Terms and Conditions of this Offer are governed by the laws of Queensland, Australia, with any disputes subject to the jurisdiction of its courts, unless resolved through arbitration as stipulated.

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13. Privacy and Data Protection

a. Carmada is committed to protecting customer privacy, complying with relevant data protection laws, and ensuring the secure handling of all customer data collected during the claim process.

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14. Severability

a. Should any provision of these terms be found invalid or unenforceable, the remainder will continue in full force and effect, maintaining the integrity of the Offer's terms.

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15. Dispute Resolution and Mandatory Arbitration

a. In the event of a dispute arising from or related to this Offer, the parties agree to pursue arbitration as the first resolution method. Details regarding the arbitration process, including the selection of an arbitrator and the location of arbitration, will be specified by Carmada at the time of dispute.

b. This mandatory arbitration clause aims to provide a faster, less formal way to resolve disputes, limiting legal expenses and facilitating a more amicable resolution.

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16. Right to Amend Terms

a. Carmada reserves the right, at its sole discretion, to amend these Terms and Conditions at any time. Such amendments will take effect immediately upon posting on Carmada’s official website or direct communication to the customer.

b. Customers are encouraged to periodically review the Terms and Conditions for any changes.

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17. Acknowledgment of Terms

a. By participating in this Offer, customers acknowledge they have read, understood, and agreed to these Terms and Conditions. A signed acknowledgment may be required at Carmada’s discretion.

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By participating in the Price Smash Guarantee Offer, customers affirm their agreement to these terms, designed to ensure fair and transparent processing while safeguarding Carmada's interests. Violations may lead to forfeiture of the Offer and additional consequences at Carmada's discretion.