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Smart SellTM Terms and Conditions

Thank you for choosing Smart SellTM which will provide You with a professional vehicle disposal service when the time comes to dispose of your current vehicle.

This document outlines the terms and conditions of Smart SellTM (Terms and Conditions).

 

1. Definitions

 

AFIA means the Australian Finance Industry Association, which is a leading advocate for the Australian financial services industry and is the association of major fleet leasing and management companies in Australia. AFIA includes its Fleet Leasing & Rental Division (formerly Australian Fleet Lessors Association).

Assessor means the assessor who, on behalf of a Service Provider, conducts a physical inspection of the Nominated Vehicle as part of the Inspection Service.

Commencement Date means the date that you request access to this Program.

Digital Inspection Service means the service described in section 6.2.2 of these Terms and Conditions.

Financial Instrument means any finance arrangement that You have in respect of the Nominated Vehicle which is not administered by Smart (or any of its related bodies corporate), including a novated lease or a vehicle loan.

GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Inspection Service means the service described in section 6.2.1 of these Terms and Conditions.

Lease means the novated lease You have in respect of the Nominated Vehicle which is administered by Smart (or any of its related bodies corporate).

Lease Extension means the practice of ‘refinancing’ the residual value of the Nominated Vehicle upon the expiry of the lease which the Nominated Vehicle is subject to (where applicable), irrespective of whether that lease is administered by us (or our related bodies corporate) or not.

Loan Extension means the practice of refinancing the loan which the Nominated Vehicle is subject to during the term of that loan and extending the term as a result of that refinancing (where applicable).

Nominated Vehicle means the vehicle that is covered by the Program.

Personal Information means ‘personal information’ as defined in the Privacy Act.

Privacy Act means the Privacy Act 1998 (Cth).

Privacy Laws means:

  • • the Privacy Act; and
  • • the Australian Privacy Principles contained in Schedule 3 to the Privacy Act or any privacy code that is approved and registered in accordance with the Privacy Act.

Program means Smart SellTM as described in, and governed by, these Terms and Conditions.

Program Benefits means the suite of services and benefits that are included as part of the Program, as outlined in these Terms and Conditions.

Purchase Price means the initial valuation given by the Service Provider for a Nominated Vehicle under the Program.

Service Provider has the meaning given in section 3 of these Terms and Conditions.

Transportation Costs means any third party fees incurred in connection with the Transportation Services.

Transportation Services means the service described in section 6.2.3 of these Terms and Conditions.

Vehicle Inspection Report means the report that is provided as part of the alternate Inspection Service, as described in clause 6.2.2 of these Terms and Conditions.

Vehicle Owner means the owner of the vehicle (being the person/entity that owns all rights, title and interest in and to the vehicle).

We, Us, Our, Smart means Smart which is a trading name of Smartsalary Pty Ltd ABN 24 096 796 100

You, Your means the Vehicle Owner.

 

2. About this document

 

This document:

  • tells You about the Program, to help You decide if the product is right for You and whether to use the services provided by Smart, its employees, representatives and agents under the Program; and
  • outlines the Terms and Conditions of the Program.

 

These Terms and Conditions are issued by Smart. They may be updated from time to time by Smart without any notice to You. You are bound by the latest version of the Terms and Conditions, as available at https://www.smart.com.au/novated-leasing/services/vehicle-disposal-program/

The information outlined in this document is general in nature and does not take into account Your individual circumstances. You should carefully read this document and any other documentation that is provided to You by Smart in connection with the Program, and consider whether the Program is appropriate for Your needs, and where necessary, seek independent professional advice.

When You submit a request to participate in the Program, You confirm and warrant that You have read and understood the documents provided to You in connection with the Program, including these Terms and Conditions.

Following the Commencement Date, it is Your responsibility to contact Us if you have any questions regarding these Terms and Conditions.

 

3. About Smart

 

This product is issued and administered by Smart. A number of components of the services provided under the Program will be provided by Intuent Solutions Pty Ltd ABN 61 644 158 663) trading as MotorPlatform with whom We (and Our related bodies corporate) have a separate arrangement with in connection with the provision of the Program (Service Provider).

The Service Provider may change from time to time without notice to You. Smart will use reasonable endeavors to ensure that the Service Provider has the appropriate skills and experience to provide the Program Benefits. However, to the maximum extent permitted by law, Smart accepts no liability to You or to any other party in respect of the Program Benefits provided under the Program.

 

4. Eligibility

 

Eligibility criteria may apply. For information regarding eligibility, please contact Us at vehicledisposal@smartgroup.com.au.

 

5. Program Benefits

 

5.1 Overview

 

The table below outlines the Program Benefits that are provided to under the Program.

What's covered What's in it for you Need to know
End-to-end vehicle sales service You are in control - coordinate the sale of Your Nominated Vehicle with the pick-up of Your new vehicle. Convenience and peace of mind.
Digital Inspection Service

The Digital Inspection Service is completed by You at the direction of the Service Provider.


See section 6.2.1 for further details.

Available nationally.
Inspection Service

Where it is not reasonably practicable for You to complete a Digital Inspection Service, You may be eligible to request an alternate Inspection Service.


See section 6.2.2 for further details.

Available nationally to eligible participants, as advised by Us.
Fixed Price or Auction The Nominated Vehicle will be tendered out by the Service Provider. The Purchase Price offered will be fixed for a period of fourteen (14) days. You make the final decision around acceptance of the Purchase Price.
Free listing There are no listing fees charged to You as part of listing the Nominated Vehicle with the Service Provider. All included as part of the Program.
Transportation Services

Transportation Services will be arranged and provided by the Service Provider in connection with the disposal of the Nominated Vehicle.

See section 6.2.3 for further details.

Convenience and peace of mind where you don’t have a transportation method for the disposal of Your Nominated Vehicle.
Continued use Unlike standard auction practices or the limitations with private vehicle sales, You can continue to drive the Nominated Vehicle unrestricted during the disposal process. You won’t be inconvenienced by having no or limited access to the Nominated Vehicle during disposal.
Sustainability Reduce carbon emissions by avoiding unnecessary transport during the disposal process, for example transport to an auction yard. A convenient disposal method with green benefits.

 

5.2 Benefits

 

5.2.1 Digital Inspection Service

 

The Digital Inspection Service is a core component of the Program.

Please note that the Digital Inspection Service is subject to additional terms and conditions which are specific to that service and govern the use of that service. In the event that You opt to utilise the Digital Inspection Service, those terms and conditions will be provided to You separately by the Service Provider and are supplementary to these Terms and Conditions and do not, in any way whatsoever, replace these Terms and Conditions.

 

5.2.2 Inspection Service

 

Where it is not reasonably practicable for You to complete a Digital Inspection Service, Smart will advise You of your eligibility to utilise an alternate Inspection Service via a third party (which has been approved by Smart), the details of which will be provided to You separately at the appropriate time. An example of where this may be the case includes where you do not have access to the technology required to complete the Digital Inspection Service.

As part of this Inspection Service, you may be provided with a Vehicle Inspection Report. The scope of the Vehicle Inspection Report that is provided is one of a condition report of the Nominated Vehicle in line with the standards prescribed by the AFIA as part of its Fair Wear and Tear Guide. For a copy of the AFIA’s Fair Wear and Tear Guide, please click here.

For further details on alternate Inspection Services and Your eligibility to use that service, contact Us at vehicledisposal@smartgroup.com.au.

 

5.2.3 Post Inspection

 

You must promptly notify us of any damage to the Nominated Vehicle which was not present during the Digital Inspection Service or alternate Inspection Service including, but not limited to, mechanical failures or malfunctions, structural damage to the Vehicle’s frame or cosmetic damages such as paint scratches or other imperfections.

Where the Service Provider identifies any discrepancy between the content of the Digital Inspection or Vehicle Inspection Report (if applicable) and the condition of the Nominated Vehicle when delivered to the Service Provider, and where this results in a decreased valuation of the Nominated Vehicle (as determined by the Service Provider in its sole discretion), You acknowledge that You will be liable to the Service Provider for the difference between the Purchase Price and the decreased fair value of the Nominated Vehicle.

 

5.2.4 Transportation Services

 

Under the Program, Transportation Services for the Nominated Vehicle will be arranged and provided by the Service Provider.

General vehicle checklist for transportation

Set out below is a general transportation checklist to assist You with the Transportation Services process, if required.

  • The Nominated Vehicle is safe to transport and fully drivable for loading and unloading. It has working foot and handbrakes, fitted seats, all glass intact and working operational windows. The body of the vehicle is in good condition and has 4 fully inflated tyres.
  • The Nominated Vehicle is completely empty. All personal and loose items and/or parts have been removed from the vehicle, including compartments such as glove box, console, CD stacker, boot, etc.
  • One fitted spare tyre, factory tools and fitted baby seats are permitted, as are disabled assistance items provided that they are securely fastened.
  • The Nominated Vehicle has 15cm ground clearance.
  • The fuel tank is approximately 1⁄4 full – to allow for loading and unloading.
  • Any non-factory fitted alarm system is to be disabled or deactivated, or You are to provide written instructions for the alarm system and the necessary keys for its use.
  • The aerial is operational and any non-retracting/non-retractable aerial has been removed.
  • Any modifications to the Nominated Vehicle have been notified to the transport company, i.e. roof racks, bull bar, running boards, if the vehicle has been lowered, spoilers fitted, height pack fitted etc.

 

5.3 Not included as part of the Program

 

The following services and items are not included as part of the Program:

  • cleaning and detailing costs for the Nominated Vehicle as performed or procured by You as part of the Digital Inspection Service or before any photography that is provided as part of an alternate Inspection Service (as the case may be).
  • repair or replacement costs for any matters identified in the Digital Inspection Service or the alternate Inspection Service, and requiring repair or replacement.

 

6. General

 

6.1 Australian dollars / GST

 

All amounts payable under the Program are in Australian Dollars and are inclusive of GST.

 

6.2 Privacy

 

Smart will comply with the Privacy Laws and its privacy policy in respect of its collection, use, disclosure and handling of Your Personal Information.

Please refer to Our privacy policy at https://www.smartgroup.com.au/privacy-policy/ for details regarding Our collection and use of Personal Information.

Any Personal Information collected by Smart in connection with the Program may be provided to the Service Providers and potential buyers of the Nominated Vehicle, for the purpose of providing the services under the Program. You also acknowledge and agree that such Personal Information will be collected, used, managed, stored and disclosed to the Service Provider in accordance with their own privacy policy.

Upon request to access the Program, You confirm that You have read and acknowledged the terms of Our privacy policy.

 

6.3 Limitation of liability

 

If Smart’s liability to You for breach of a term, condition or warranty implied by law into contracts for the supply of goods or services is capable of exclusion, then it is excluded.

Except for any rights to which you are entitled by law, Smart will not be liable for any losses, whether direct, indirect or consequential, that arise out of or in connection with these Terms and Conditions, or from any performance or non-performance of the Service Providers under the Program, whether arising from negligence or otherwise. We assume no responsibility for any advice or assistance given by a Service Provider for the services provided to You under this Program.

Smart’s total liability to You in respect of any claim or any liabilities which may arise under or in relation to the Program is limited to the lesser of:

  • the re-supply of the relevant services that are the subject of the claim; and
  • the payment of the costs of having the relevant services that are the subject of the claim re-supplied.

 

6.4 Contacting Us

 

To speak with someone about this Program, get in touch via vehicledisposal@smartgroup.com.au.

 

6.5 Acknowledgement of payments and comissions

 

You acknowledge and agree that Smart (and its related bodies corporate) may receive payments or commissions from the third-party providers as part of the Program.

 

6.5 Governing law

 

The laws of the State of New South Wales shall govern these Terms & Conditions and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, Sydney, NSW Registry.

 

Version Control: These Terms and Conditions are dated 1 June 2025.