When entering into a consignment contract with a member of the public, all contracts must be in writing and contain all of the following conditions, as required by the Motor Vehicle Dealers (Sales) Regulations 1974. The Motor Trade Association of WA`s standard consignment contract meets these requirements. 1.2 No agreement is concluded unless a copy of this contract is made available to the owner at the time of its signature by the owner and the merchant or by a person authorized by the merchant. 11.1 This contract may be terminated either by the Dealer or by the Owner, indicating the other in writing at any time prior to the sale of the vehicle twenty-four (24) hours. In accordance with the agreement, a merchant cannot charge the owner for repairs before the sale, unless he has the prior written consent of the owner. The dealer must pay for warranty repairs that cannot be reincarnated by the shipper (owner). 1. Creation 1.1 The signing of this contract by the owner and the dealer or a person authorized by the dealer means that an agreement has been concluded between the owner and the dealer for the vehicle to be sold under the conditions provided for in this contract. 1.2 No agreement is concluded unless a copy of this contract is made available to the owner at the time of its signature by the owner and the merchant or by a person authorized by the merchant. 1.3 The owner grants the dealer the exclusive right to sell the vehicle for the period indicated in the contract. 2. Selling Price 2.1 The dealer may sell the vehicle for more than the amount agreed as the minimum selling price for the vehicle. The merchant has the right to withhold as a commission any amount exceeding the minimum selling price.
3. Billing 3.1 If the dealer sells the vehicle, the dealer pays the owner the full net proceeds within two business days of receipt of payment. 3.2 If payment was made by cheque for all or part of the sale price of the vehicle, payment shall not be deemed to have been received by the dealer until the cheque has been cashed. 3.3 The Dealer will only disclose the Vehicle to the Buyer once the Purchase Price has been paid in full to the Dealer. 4. Ownership 4.1 The owner retains ownership and ownership of the vehicle until the purchase price is paid in full to the dealer. 5. Liability for repairs 5.1 Subject to clause 8.1, the owner is responsible for the costs of repairing defects or defects found before the sale of the vehicle.
6. Vehicle declared unfit for sale 6.1 The dealer will inform the owner if the vehicle is declared unfit for sale by a government authority. . . .