TOYOTA SUPRA ONLINE RESERVATION

ORDER & COLLECT TERMS

1. Introduction

1.1 Toyota Motor Corporation Australia Limited (“TMCA”) and your authorised Toyota dealer, (“Dealer” “We” “Our” or “Us”) are pleased to offer you the chance to reserve pre-launch (“Reservation”) and order (“Order”) online, a new Toyota Supra vehicle (Vehicle). Our online reservation and vehicle ordering system allows you to choose and order your Vehicle (and if you wish, to apply for finance (“Reservation, Order & Collect”).

1.2 Before using Reservation, Order & Collect, you must carefully read and accept these Terms and the oneToyota Privacy Policy.

1.3 The ordering, sale and delivery of Vehicles via Reservation, Order & Collect on Our online reservation and vehicle ordering system, is only available to Australian residents aged 18 years and over with a myToyota account and only at participating Dealers.

1.4 By using Reservation, Order & Collect, you agree to the following terms.

1.5 Private Guests, Dealer Staff, Dealer Management and Toyota Staff are eligible to Order a maximum of one (1) Supra Vehicle per person via Our online reservation and vehicle ordering system during any 12-month period.

1.6 Dealer Staff, Dealer Management and Toyota Staff are subject to the Special Conditions set out at clause 7.

1.7 To reserve a Supra Vehicle, you must make a Reservation and pay a Reservation Fee on Our online reservation and vehicle ordering system.

1.8 Only one Reservation and Order is accepted per Private Guest Dealer Staff, Dealer Management and Toyota Staff and the Reservation is not transferable or assignable to any other person via the online reservation and vehicle ordering system during the Reservation Window. The name on the Reservation and Order must be the same as the name the vehicle is registered in at Collection.

1.9 We may choose not to accept a Reservation or Order for any reason and We will not be liable to you or anyone else in those circumstances.

1.10 Vehicle stock is extremely limited. Online Reservations of Toyota Supra will be conducted via Reservation Windows only. Reservations in all Reservation Windows are on a strictly ‘first come first served’ basis.

1.11 The third Reservation Window will open to the public on Our Vehicle Ordering System from 12:00PM, AEST 25 September 2019 and will run until the total number of Australian allocated Vehicles available have been reserved.

1.12 If you are unsuccessful in obtaining a Reservation in a Reservation Window, you will be eligible to participate in subsequent Reservation Windows at a later stage.

1.13 As soon as all Vehicles are reserved in any Reservation Window, Reservations will close and Guests waiting to reserve a Vehicle will be invited to join a mailing list by clicking on the ‘STAY IN THE LOOP’ button. If you are on the mailing list, you will be notified via email (using the email address you have provided) when the next Reservation Window is open.

1.14 By clicking ‘PAY AND COMPLETE’, and providing your Reservation Fee, you become bound by these Reservation, Order & Collect Terms. If you do not wish to be bound by the Reservation, or these Terms, do not click ‘PAY AND COMPLETE’ and do not provide your Reservation Fee.

1.15 In addition, certain laws such as the Competition and Consumer Act 2010 (Cth) and any applicable state-based consumer legislation (Consumer Laws) are in place for your protection. They are designed to ensure Our services are provided with due care and skill and are fit for purpose. The Reservation, Order & Collect Terms do not alter any protection given to you under Consumer Laws.

1.16 A binding Agreement between you and your selected Dealer for the purchase of the Vehicle is only formed once the Sale Contract is signed by both you and the Dealer.

1.17 You may choose to appoint an authorised representative in respect of the Reservation Order & Collect process under this Agreement. You will be responsible for the acts, omissions and defaults of your authorised representative.

2. Definitions

2.1 In these Reservation, Order & Collect Terms:

Accessories means any item available for sale from the Dealer which is not included in the sale of the Vehicle, consideration for which does not form part of the Vehicle Sale Price.

Agreement means these Reservation, Order & Collect Terms, the Sale Contract and any document expressly referred to in each of them.

Balance Outstanding means the Vehicle Sale Price, less the Reservation Fee, Deposit and any other amount applied to the Vehicle Sale Price, such balance to include any applicable fees, duties, taxes, levies, imposts, deductions and charges.

Dealer Staff means an employee or contractor of any Toyota Dealership in Australia at the time of a Reservation Window.

Dealer Management means a Dealer Principal or General Manager of any Toyota Dealership in Australia at the time of a Reservation Window.

Deposit means $4,000 you will pay via the Supra Concierge if you are successful in reserving the Vehicle.

Finance Option means an application for finance to Toyota Finance Australia Limited or any other finance provider.

Guest means a Toyota customer.

Order means an order for a Vehicle placed by you through the online Reservation, Order & Collect channel via the process detailed in these Reservation, Order & Collect Terms.

Private Guest means a Guest who is not Dealer Staff, Dealer Management or Toyota Staff.

Reservation Fee means $1,000 comprising the reservation fee payable to reserve a Toyota Supra Vehicle in Australia.

Reservation, Order & Collect Terms means these terms and conditions.

Reservation Window means the period during which a Supra Vehicle may be ordered via the online reservation and vehicle ordering system.

Sale Contract means the Contract for the Sale of a New Motor Vehicle, which you are required to sign with the Dealer to complete your purchase;

Toyota Staff means an employee or contractor of Toyota Motor Corporation Australia Limited or Toyota Finance Australia Limited at the time of a Reservation Window.

Vehicle Sale Price means the total amount to be paid for the Vehicle (including GST), comprising the Reservation Fee, Deposit payable when your Order is confirmed with Toyota’s Supra Concierge, and any Balance Outstanding.

3. Reservation and Order process

3.1 You will be guided through a step-by-step process that enables you to:

a. Join the Reservation queue;
b. select your Vehicle preferences;
c. pay a Reservation Fee to secure your Reservation; and
d. if you are successful in securing your preferred Vehicle, finalise your Vehicle selection and pay a Deposit via the Supra Concierge to complete your Order;

and, should you choose the following options,

e. apply for Toyota finance through your selected Dealer or arrange for someone to discuss Toyota finance with you at your selected Dealer; and
f. discuss a trade-in valuation with Us.

3.2 Selecting your Vehicle

3.2.1 Australian specifications and pricing for the Toyota Supra vehicle are provided on the Toyota.com.au website and as part of Our online reservation and vehicle ordering system.

3.2.2 Due to the extremely limited stock available, We make no representations as to the availability of your preferred Vehicle. We will use best endeavours to supply you with your preferred vehicle, or to assist you in selecting a satisfactory alternative Vehicle.

3.2.3 We will return your Reservation fee to you, in full, if we cannot source a Vehicle satisfactory to you. Unfortunately, we are unable to hold your place in the queue if you do not wish to accept a Vehicle based on current stock specifications and availability. You will have the opportunity to start over the Reservation process in a future Reservation Window.

3.3 Making a Reservation

3.3.1 When you place a Reservation for a Vehicle through Our online reservation and vehicle ordering system accessible via the myToyota portal, We will consider that you are offering to purchase the Vehicle.

3.3.2 Your Reservation becomes effective when you:

a. place your Reservation and online via Our online reservation and vehicle ordering system accessible via the myToyota web portal or mobile phone app; and
b. pay the Reservation Fee.

3.3.3 When you pay the Reservation Fee you will secure your place on the reservation list and you will receive written confirmation of Our acceptance of your Reservation (by email), including a copy of the receipt for payment of the Reservation Fee (Reservation Confirmation Email).

3.3.4 You can cancel your Reservation via the Supra Concierge at any time until your Vehicle Order is confirmed in accordance with clause 4 below. See clause 6 below regarding cancellation of your Order after it has been confirmed.

4. Confirming Your Order

4.1 After you have received the Reservation Confirmation Email We will contact you again directly via telephone by Our Supra Concierge who will:

a. confirm the particulars of your Order including advising you if you were successful in receiving the Vehicle of your choice; and
b. arrange payment of your Deposit by credit card over the phone, or on Our online reservation and vehicle ordering system.

4.2 If We are unable to provide you with the Vehicle of your choice, the Supra Concierge will provide you with an alternative Vehicle option. You may accept or reject these alternatives. We are unable to hold your place in the Reservation queue if you do not wish to accept a Vehicle based on current stock specifications and availability, and your Reservation and Order will be deemed to be cancelled. If your Reservation or Order is cancelled because you do not wish to accept an available Vehicle, You will have the opportunity to start over the Reservation process in a future Reservation Window.

4.3 Once your Order is confirmed and a Deposit is paid, you will receive an email from Us (Order Confirmation Email) detailing next steps including referring you to your selected Toyota Dealer who can advise you on available Toyota Genuine Accessories, any trade-in, finance or insurance products available to you and confirm the Balance Outstanding.

4.4. The Order Confirmation Email is written notification of Our acceptance of your Order and agreement to source a Vehicle exclusively for you. After receiving the Order Confirmation Email you may cancel your Order in accordance with clause 6 below and the Sale Contract.

5. Fulfilling your Order

5.1 Once your Order has been confirmed and your Vehicle is available for collection your Dealer will:

a. contact you to obtain the details required to effect registration of the Vehicle in your name; and
b. prepare the Sale Contract and other Dealership documentation which you are required to sign before the delivery of your vehicle, and
c. complete trade-in details (if required); and
d. prepare a tax invoice (if required).

5.2 The Balance Outstanding must be paid in full in Australian Dollars to your Dealership by the time you collect the Vehicle by way of;

a. Bank deposit; or
b. Credit or debit card; or
c. Cash; or
d. Toyota Finance Australia Limited loan contract; or
e. finance obtained via another financier.

5.3 Your Vehicle will not be able to be collected until the Sale Contract is complete and your Dealer has received full and cleared payment of the Balance Outstanding.

5.4 Your Order is not transferable or assignable to anyone else.

6. Cancelling your Order

6.1 Cancellation by you

6.1.1 You may cancel your Order by notifying Us in writing (including by email) at any time up to delivery of the Vehicle. Once the Supra Concierge has confirmed your Order with you, no further changes to your Vehicle selection can be made.

6.2 Cancellation by us

6.2.1 We may cancel your Order by giving you written notice (including by email):

a. if you cannot satisfy Us, to our reasonable satisfaction, that you can finance the Vehicle purchase by the time scheduled for delivery of the Vehicle; or
b. We are unable to verify or authenticate any information you provide to Us; or
c. We have reason to believe you have breached these Reservation, Order & Collect Terms, including purchasing more than the allocated quota of one (1) vehicle per person in any 12-month period;
d. We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, Our users, third parties or Us, Our related bodies corporate or affiliates, directors, employees or agents.

7. Special Conditions

7.1 Dealer Staff, Dealer Management and Toyota Staff are eligible to Order a maximum of one (1) Supra Vehicle per person via Our online reservation and vehicle ordering system during any 12-month period (Volume Limitation). In addition to the terms and conditions of the Agreement and by using Reservation, Order & Collect, Dealer Staff, Dealer Management and Toyota Staff agree to the Special Conditions contained in this clause 7.

7.2 Dealer Staff, Dealer Management and Toyota Staff must confirm their agreement to these Special Conditions both verbally via the Supra Concierge and in writing as part of the Sale Contract.

Retention Limitation

7.3 Any Vehicle obtained by Dealer Staff, Dealer Management and Toyota Staff via the online reservation and vehicle ordering system must not be disposed of for any reason within 12 months from the date of Vehicle Delivery (Retention Limitation).

Changes not Permitted

7.4 The name on the Reservation must be the same name as the Order and the same name as the person to whom the Vehicle will be registered to at delivery.

7.5 Dealer Staff, Dealer Management and Toyota Staff are not permitted to alter the name of the Vehicle Registration or Order and may not transfer the Reservation or Order into another name, including company or business name.

Consequences

7.6 Refusal to agree to agree to the Special Conditions contained in this clause 7 will result in the Reservation and Order being cancelled.

7.7 Refusal to sign the Special Conditions in the Sale Contract will result in refusal by Us to sell the Vehicle.

7.8 Any change in the name of a Reservation or attempt by Dealer Staff, Dealer Management or Toyota Staff to transfer the Reservation to another individual or to any company or business name at any time prior to or at the time of registration of the Vehicle will be deemed a cancellation of the Order, and the Vehicle will be returned to the Reservation pool and offered to the next person on the list or as part of the next Reservation Window.

7.9 A failure to comply with the Volume Limitation Retention Period, or an attempt by Dealer Staff or Dealer Management to transfer the Reservation or Order to another name will result in that Dealer Staff’s or Dealer Management’s Dealership being denied a demonstration model in a future Supra demonstration vehicle allocation.

8. Payment Requirements

8.1 Securing your Reservation and your Order

8.1.1 Your Reservation is not secure until we have received your Reservation Fee on Our online reservation and vehicle ordering system.

8.1.2 Your Order is not secure until we have received your Deposit via the Supra Concierge over the phone, or on Our online reservation and vehicle ordering system.

8.1.3 Your Reservation Fee and Deposit will be held separately in a secure account managed by TMCA. No interest is payable on your Reservation Fee or the Deposit amount.

8.2 Additional Costs

8.2.1 If you choose to obtain finance, you will be responsible for payment of any additional amounts applied by the finance company of your choice, including Toyota Finance Australia, as disclosed in the contract between you and your finance company.

8.2.2 If you wish to include any of the following as part of your Supra Vehicle purchase via Reservation, Order and Collect, you can discuss these with Us, however additional costs may apply:

a. Accessories, insurance or extended warranty products (excluding Manufacturer’s Warranty). These products are sold separately;
b. If you require a different delivery method of the Vehicle.

8.3 Payment Methods

8.3.1 When making any payment via Reservation, Order & Collect on Our online reservation and vehicle ordering system or via the Supra Concierge Our sole accepted method of payment is credit Card – We accept Visa, MasterCard and AMEX.

8.3.2 Your Dealer will accept other payment methods. You can discuss your options with them.

9. Online payment services

9.1 Security

9.1.1 We use a fully encrypted SSL secure online payment gateway facilitated by TMCA for all electronic payments.

9.2 Rejected Payments

9.2.1 You must ensure you enter the correct credit card details and have sufficient funds in your account at the time of making payment via the Reservation, Order and Collect online payment portal. Failure to do so will result in your payment being rejected.

9.2.2 If your payment for a Reservation or Order via Our online reservation and vehicle ordering system or via the Supra Concierge is not accepted for any reason, your transaction cannot be completed.

9.2.3 If your payment of the Reservation Fee is rejected, you may lose your place in the Reservation queue.

10. Toyota Finance

10.1 Finance available through the Reservation, Order and Collect system is provided by Toyota Finance Australia Limited (ABN 48 002 435 181), AFSL and Australian Credit Licence 392536 (Toyota Finance).

10.2 Any application made at Toyota Dealership for a Toyota Financial product is subject to Toyota Finance’s usual terms and conditions and standard lending criteria. A copy of Toyota Finance’s terms and conditions can be found here: Consumer Fixed Rate Loan Contract Booklet

10.3 You may be contacted by Us or Toyota Finance should we need to obtain further information from you to support your finance application. You agree to provide Toyota Finance with accurate and complete information so that We can assess your finance application.

11. Delivery

11.1 Delivery of the Vehicle will occur at the Dealership after you receive your Order Confirmation Email, and when your Vehicle is available.

11.2 If you require a different delivery method, this can be negotiated with Us, however additional charges may apply.

11.3 Clear title to the Vehicle does not pass until the Vehicle Sale Price has been fully paid, payment has cleared, and you have signed the Sale Contract and all other documentation required under relevant State legislation to complete your purchase.

12. Governing law

12.1 These Reservation, Order & Collect Terms are governed by the laws in the State of the Dealership where the Vehicle is purchased, and you submit to the exclusive jurisdiction of the courts of that state regarding any dispute arising under these Reservation, Order & Collect Terms.

13. Privacy

13.1 Your privacy is important to us. We collect your personal information and handle it in accordance with our Privacy Policy available at Toyota.com.au/privacy and incorporated into these Reservation, Order & Collect Terms by reference.

13.2 By entering into this Agreement, you consent to Us sharing your personal information with the oneToyota Group including but not limited to the purposes of:

a. facilitating the Reservation Fee and Deposit and the release of the Reservation Fee and Deposit to Us; or
b. facilitating a refund of the Reservation Fee and Deposit to you under these Reservation, Order & Collect Terms; or
c. facilitating the progress of your Reservation and Order with your selected Dealer; or
d. to contact you about product improvement; or
e. with Toyota Finance to assist with your application for finance and/or insurance; or
f. for other purposes as disclosed in the oneToyota Privacy Policy and your Dealer’s Privacy Policy.

14. Intellectual property

14.1 All information contained in this site is protected by copyright and other intellectual property rights.

14.2 You are not permitted to copy, distribute or reproduce any image, text or other content from this website without Our prior written consent.

15. Liability

15.1 You agree that neither TMCA nor the Dealer is liable to you, your authorised representative or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with this Agreement, for whatever reason and however arising, including negligence.

16. Contacting Us

16.1 If you have a question, problem or complaint or need to contact us for any other reason, please contact Us via the Reservation, Order & Collect Help section.

Updated 23 September 2019