AutoFlip Seller Agreement
By using the AutoFlip Sales Platform ("Platform") operated by Davey NZ Limited NZBN
9429049848908 trading as AutoFlip of 9 Astley Ave, New Lynn, Auckland 0600, NZ ("AutoFlip" "us") you agree to be bound by the terms of this Seller Agreement. If you do not agree to be bound by the terms of this Agreement you must not use our services or the Platform.
Fees and Service
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.
If you sell your Vehicle the seller fees payable by you for the use of the AutoFlip Platform and sales service are based on the amount that you sell the Vehicle for:
|Success Fee (incl. GST)
|Up to $19,999
|$20,000 to $49,999
|$50,000 to $69,999
|$70,000 to $99,999
|$100,000 and above
If you do not sell your Vehicle you will not pay any seller fees.
You acknowledge that AutoFlip also receives a fee from the buyer of the Vehicle.
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 by AutoFlip you agree to sell vehicle to the highest bidder without any further communication with you.
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.
Once AutoFlip agrees a sale on your behalf with a buyer of the Vehicle you are bound to proceed with the sale process and if you do not proceed you may be required to compensate AutoFlip for any loss that it suffers as a result of you not proceeding with the sale.
You will transfer possession of the Vehicle at the time and in the manner agreed with the purchaser of the Vehicle once you are satisfied that the purchaser has arranged payment.
You are appointing us to find a Buyer for the vehicle.
You warrant that:
You are the owner of the Vehicle or are otherwise authorised to sell the Vehicle on behalf of the owner.
The Vehicle will be free of any encumbrances at the time of transfer other than those encumbrances that have been notified by 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.
You have described the Vehicle condition accurately through the Platform or to us 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, notwithstanding any representation by or communication from an employee or representative of AutoFlip, on any website or in promotional material, you acknowledge and agree that AutoFlip makes no warranty or representation 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 (other than liability to you that cannot be excluded at law) in respect of AutoFlip being appointed by you to find a Buyer for the Vehicle.
The terms set out above and the terms at www.autoflip.co.nz ("Website Terms") represent the entire agreement between the parties. To the extent of any inconsistency between the terms of this agreement and the Website Terms, these terms will prevail.