1 Parties and agreement documents
1.1 We, us and CarTest mean Christian Robert Schaefer, trading under the registered business names Smart Mobility Group and CarTest, ABN 80 190 587 935. CarTest Concierge is our buyer-advocacy service. Our postal address is Smart Mobility Group, PO Box 161, Hawthorn VIC 3122. Contact us on 1800 879 828 or christian@cartest.com.au. You means the customer named in the completed vehicle-specific schedule.
1.2 For each drive, the rental agreement consists of the completed vehicle-specific schedule, this identified terms version and any expressly incorporated provider or cover documents. Before acceptance, relied-on provider or cover terms must be supplied in a fixed, retainable form with their title, date and version and retained with the issued agreement; a changeable website link alone does not incorporate them. The schedule identifies the vehicle owner or supplying dealer, each provider, CarTest’s coordination role and authority to arrange the vehicle, and any separate provider agreement you must enter. A manufacturer or dealer is not automatically a party to our agreement. We remain responsible for our own services and representations.
1.3 The schedule must identify you, your accepted Concierge Scope of Work and Service Terms versions, the particular vehicle and registration, approved drivers, dates and actual duration, permitted use area, delivery and return, driver eligibility, kilometre allowance, fuel or charging requirements, cover and excess conditions, incident contacts and every proposed rental charge. Mandatory details must be completed and explained before issue. No blank field authorises an unspecified fee or unlimited liability. Ask us to correct anything inaccurate before accepting.
1.4 Mandatory law takes priority. Your accepted Concierge Service Terms govern Concierge service fees, scope changes, cancellation and refunds; this rental agreement does not replace or increase them. Subject to that and mandatory law, an expressly agreed vehicle-specific schedule term takes priority over an inconsistent general rental term only where the variation is clearly identified before acceptance. A separate provider agreement governs that provider’s services; we must explain a material conflict before you commit. Later website changes do not change your saved agreement.
1.5 This linked template is for review only. Reading it, making an enquiry, accepting the Concierge Service Terms or paying a Concierge fee does not accept a particular rental, reserve a vehicle or authorise insurance. Before each drive, you must receive and actively agree to a fresh, completed vehicle-specific rental agreement and the applicable dealer cover conditions. Each additional driver must separately acknowledge their applicable conditions. Written dealer insurance authorisation and the required eligibility and handover checks must also be completed before the vehicle is released or moved for the arrangement.
2 Concierge test-drive arrangements
2.1 CarTest Concierge coordinates dealer-authorised test drives as part of the identified Scope of Work. Your enquiry is free and creates no reservation or payment commitment. We confirm the particular vehicle, dealer availability, dates, handover and return, eligibility, cover and agreed costs before asking you to accept its rental agreement. Rental acceptance records your request on those terms; CarTest must separately confirm the reservation. Signing or payment alone is not confirmation that a vehicle is reserved.
2.2 The Concierge service includes coordination of up to three test drives under the identified Scope of Work, normally in different shortlisted vehicles and within the agreed service area. We plan overnight home or office drives of 24–48 hours only as the supplying dealer confirms availability, eligibility and insurance. The schedule states the actual agreed duration; this template does not itself promise a vehicle or possession period. A shorter drive or a drive at dealer premises counts toward the three only if you agree to that arrangement in the test-drive plan. A dealer cancellation, missing insurance authorisation or a CarTest error does not use an included drive.
2.3 The test-drive plan records which included drive is being arranged and any agreed gaps between vehicles. Gaps do not give possession of a car. A further drive, extension, change of vehicle or material change of schedule requires written agreement in advance, confirmation by the supplying dealer and cover provider, and any fresh rental acceptance required by clause 17. Any proposed additional cost must be quoted and expressly approved first; no separate retail test-drive product or automatic additional-drive charge is created by these terms.
2.4 Vehicles are supplied for your ordinary private evaluation within the agreed use area. A drive does not promise a purchase saving, future stock availability, ownership or a vehicle purchase. An existing confirmed rental retains its agreed terms unless the affected parties expressly agree a replacement. No vehicle is handed over until the active rental agreement, customer and additional-driver acknowledgements, eligibility checks and written dealer insurance authorisation are in place.
3 Charges and security arrangements
3.1 Coordination of the included drives is part of your Concierge engagement. The accepted Concierge Service Terms and Scope of Work govern the A$1,490 base fee and any variable service fee. This rental template creates no additional package, setup or per-drive fee and does not require card payment for an included drive. There is no additional vehicle rental charge unless it is clearly itemised in the completed schedule and expressly approved by you in advance. Your responsibility for lawful use-related costs and substantiated loss is addressed separately below.
3.2 The schedule identifies any separately agreed rental charge, collecting party, total amount or clear calculation, due date and available payment method before you accept it. All stated customer amounts are total amounts in Australian dollars, inclusive of GST where applicable. Approved charges must be disclosed before acceptance. A payment or receipt does not replace licence, eligibility, driver acknowledgement or insurance checks.
3.3 This agreement does not authorise automatic future card charges or impose a bond or damage preauthorisation. Do not enter card numbers, security codes, card images or licence images into an agreement, email or general portal notes. Any approved payment is completed through the identified secure payment process. A dealer’s proposed card or security requirement must be disclosed with its conditions before you choose whether to accept that particular arrangement; it is not an automatic Concierge requirement.
3.4 Any separately agreed bond or preauthorisation must identify the collecting party, exact amount, purpose, permitted deductions and release timeframe before you consent. For an unforeseen charge we provide an itemised explanation and supporting evidence, allow a reasonable opportunity to dispute it and seek separate payment authority. No undisclosed fee, unlimited debit authority or automatic full-excess deduction is created by this agreement. You may question a charge without losing your statutory rights.
4 Drivers and personal handover
4.1 You and every approved driver must be at least 18, hold a current eligible licence permitting that vehicle and comply with any licence conditions. Each provider’s applicable age, licence type, experience and insurance restrictions must be disclosed in the schedule and met before driving. Turning 18 does not itself establish eligibility for every vehicle. Do not drive while disqualified, suspended or unlicensed; tell us immediately if eligibility changes.
4.2 Only you and additional drivers approved in writing for the particular vehicle may drive it. Approval for one car is not approval for another. Additional drivers must complete the agreed checks and separately sign an acknowledgement of the applicable driver conditions before driving. Your acceptance does not sign for another person or make them a party without their consent.
4.3 You personally receive and return the vehicle at the agreed home, office or dealer location unless the supplying dealer expressly approves a different handover arrangement in the schedule. Additional-driver approval alone does not authorise that driver to receive or return the car for you. We agree access, timing, original licence checks, the condition report and key handover before the drive. The customer’s acknowledgement does not replace an additional driver’s own acknowledgement or the dealer’s written insurance authorisation.
5 Vehicle condition and our responsibilities
5.1 The schedule identifies the supplying dealer or other provider responsible for the vehicle’s roadworthiness, maintenance and supply, and CarTest’s coordination responsibilities. We will exercise due care and skill in our own services and arrangements and will not knowingly arrange release of an unsafe vehicle. The vehicle must be suitable for its agreed purpose, reasonably clean and supplied with the agreed accessories and instructions. You do not warrant its mechanical condition simply by accepting delivery.
5.2 At each handover we record registration, odometer, fuel or battery level, accessories and visible pre-existing damage in a condition report and give you a copy. Inspect what you reasonably can, record concerns and tell us promptly about anything missed. Your signature acknowledges the recorded observations, not an undiscoverable defect. Fair wear and tear and pre-existing damage are not chargeable to you.
5.3 We will not substitute a materially different vehicle, increase an agreed charge or reduce an agreed service without your agreement. If an agreed vehicle or service cannot be supplied, we discuss a suitable alternative. You may decline a material change. Any Concierge service adjustment follows your accepted Service Terms; an expressly approved separate rental charge for affected unprovided rental is adjusted under this agreement and applicable law. We do not impose a change-of-mind penalty because you decline our material substitution. Your statutory remedies remain available.
6 Permitted use and care of the vehicle
6.1 Drive lawfully and safely within the schedule’s permitted area and road conditions. Do not drive under the influence of alcohol or drugs, recklessly, for racing or motor sport, for an illegal purpose, or while the vehicle is unsafe. Do not use it for paid passenger transport, rideshare, delivery work, towing or driving instruction unless expressly approved in the schedule.
6.2 Do not overload, modify, sell, subhire, pledge or grant a security interest over the vehicle. Follow lawful load limits and the manufacturer’s operating instructions. Do not drive into floodwater, on a closed road, or off road. Any more specific sealed-road, geographic or travel restrictions must be agreed in the schedule.
6.3 Take reasonable care, secure the vehicle when unattended, keep keys reasonably safe and use only the specified fuel and compatible charging equipment. Do not smoke or permit smoking in the vehicle. Animals require prior approval, except assistance animals as required by law. Reasonable cleaning beyond ordinary use may be charged only as disclosed and supported by the actual work required.
6.4 Stop safely if a warning or fault indicates it may be unsafe to continue, contact the scheduled assistance contact and follow reasonable safety instructions. Do not attempt unauthorised repairs. Routine maintenance and pre-existing defects remain the responsible provider’s obligation; you are responsible only to the extent your unreasonable use or failure to take reasonable care causes additional loss.
7 Kilometres fuel charging and other costs
7.1 For the actual duration of each drive, the schedule states the included kilometre allowance, any agreed excess rate per kilometre, fuel type or battery return level, refuelling or charging calculation and any administration fee. It also states any proposed late-return or optional charges. An unlimited allowance or nil charge is recorded expressly where applicable. These details must be completed before acceptance; no allowance or charge is inferred from an older package or another vehicle.
7.2 Return each vehicle with its agreed fuel or charge level and included accessories. Charging or refuelling charges must follow the disclosed calculation and reflect reasonable costs; no charge is made for a shortfall caused by our failure to supply the agreed starting level. We explain safe charging and any applicable public-charger idle or access fees before handover.
7.3 You pay tolls, parking and traffic charges attributable to your use as required by law. We may give necessary driver details to the relevant authority. Any administration fee must be disclosed in the schedule and reasonably reflect the processing work. We provide the underlying notice or other evidence and do not add an undisclosed penalty.
8 Damage cover excess and liability
8.1 Before acceptance, the schedule must identify the supplying dealer or provider and the party providing cover, whether the arrangement is an insurer’s policy or a contractual damage waiver, the covered vehicle and third-party risks, applicable dollar excess and additional excesses, exclusions, authorised drivers, permitted use and claim procedure. Material cover terms and relied-on documents must be supplied in a fixed, retainable form with their source title, date and version and retained with the issued agreement. We do not provide or guarantee our own insurance, an unverified policy, insurer indemnity or automatic waiver. The dealer’s written insurance authorisation must cover the confirmed arrangement before any vehicle is released or moved, including any planned delivery or collection. No vehicle is released until cover, authority and every driver’s eligibility are confirmed.
8.2 Subject to your non-excludable rights, responsibility for damage or theft is determined by the agreed cover and the circumstances. You are responsible only to the extent loss is caused by your or an approved driver’s negligence, unlawful conduct or breach of a reasonable obligation under this agreement. Pre-existing damage, fair wear and tear, our or the provider’s fault and loss outside your responsibility are excluded. Recovery from you is reduced for others’ responsibility and amounts recovered elsewhere.
8.3 Where the agreed cover applies, your covered liability is limited to the applicable disclosed excess and agreed cover conditions. A breach does not automatically remove all protection for an unrelated loss. Any claimed exclusion or liability above the excess must be specifically disclosed, lawful and connected to the loss it concerns. Roof, underbody or water damage is not automatically unlimited liability under these general terms.
8.4 A damage claim must be supported by the condition reports, photographs where available, a reasonable repair assessment or invoice and an explanation of responsibility, cover and calculation. Any recoverable towing, assessment or loss-of-use amount must be reasonable, actually incurred or substantiated, caused by the relevant event and reduced by reasonable steps to limit loss. We do not recover the same loss twice or automatically charge a full excess when the recoverable amount is lower.
8.5 You may dispute a claim and provide evidence. We will consider it before seeking payment, without limiting urgent lawful action needed to protect safety or prevent further loss. Your personal belongings are not covered unless the schedule expressly says otherwise; this does not exclude liability we have under law for our own conduct.
9 Breakdowns accidents and theft
9.1 The schedule gives the roadside and incident contacts, availability and included assistance. In an emergency contact emergency services first. Report a breakdown, accident or theft to us as soon as safely practicable, normally within 24 hours, and provide reasonably requested information promptly. A delay does not automatically remove cover where it causes no material prejudice, subject to lawful disclosed policy requirements.
9.2 Meet legal reporting duties, exchange required details, obtain witness details where practicable and preserve available photographs or documents. Do not admit legal liability, settle a third-party claim or arrange a non-emergency repair without the responsible claim handler’s agreement. This does not prevent truthful statements to police or emergency assistance.
9.3 We will reasonably assist in contacting the responsible provider and arranging recovery, repairs and any available replacement. If a vehicle cannot be used because of a defect or failure for which you are not responsible, we discuss a suitable alternative and any required service or rental adjustment. An affected drive is not automatically treated as fully supplied. Concierge service fees and refunds follow the accepted Service Terms; separately approved rental charges and statutory remedies are assessed for the affected unprovided service. Additional roadside costs attributable to your conduct are payable only where disclosed, reasonable and properly substantiated.
10 Return and late return
10.1 Personally return each vehicle, keys and accessories at the agreed place and time, unless a different handover arrangement is expressly approved in the vehicle-specific schedule under clause 4.3. Contact us promptly if a safe return is delayed or you need an extension. Any extension, revised return time and price require written agreement; do not assume availability.
10.2 We inspect the vehicle with you where reasonably practicable, record its return condition, odometer and fuel or charge and give you a copy. If inspection must occur later, we tell you why and provide the findings promptly. Your possession and responsibility for new damage end when you complete the agreed return and key handover, not when an inspection later occurs. A later inspection does not make you liable for intervening damage.
10.3 A late-return charge must be stated in the schedule and reasonable in the circumstances. We do not automatically impose both a full replacement rental and an hourly charge for the same loss. Agreed after-hours return does not itself extend charges or damage responsibility until the next business day.
11 Changes, cancellation and unused drive allocations
11.1 Your accepted Concierge Service Terms and identified Scope of Work govern changes to the buying brief, cancellation of the Concierge engagement, the allocation of its fees and any service refund. This rental agreement does not introduce a non-refundable setup fee, an automatic cancellation penalty or another base fee. Contact us promptly if you need to change or cancel a planned drive so that we can avoid unnecessary commitments and confirm the effect on the plan.
11.2 An included drive has no separately priced daily rental component under this template. Finishing early, purchasing a vehicle or leaving an included drive unused therefore does not create an automatic daily cash refund or a credit against the Concierge fee. It also does not mean the whole Concierge fee has been earned or remove a refund or other remedy under your accepted Service Terms or law. We confirm any unused allocation and any next steps with you; it is not converted into a standalone product or transferable credit.
11.3 If a schedule proposes a separate rental or third-party charge, its cancellation, rescheduling and refund conditions must be clearly provided and expressly approved before you commit. Any retained amount or cancellation cost must be lawful, reasonable, substantiated and attributable to an agreed service properly provided or an unavoidable commitment you approved; avoidable costs and duplicate recovery are excluded. A supplier’s decision does not determine our separate responsibility for Concierge services. No unquoted charge arises merely because you decide not to drive or buy.
11.4 If a dealer cancels, insurance authorisation is missing or a CarTest error prevents the arranged drive, it does not consume an included drive. We discuss a suitable rearrangement without an automatic additional coordination fee. You need not accept a materially different substitute. If an agreed service cannot be provided, the applicable Service Terms and statutory rights determine the adjustment or remedy. An agreed early return must still be completed safely with the vehicle and keys handed back.
12 Concierge purchase coordination
12.1 Vehicle research, dealer sourcing, negotiation, purchase coordination and delivery liaison are Concierge services under the accepted Service Terms and Scope of Work. This rental agreement creates no separate purchase-negotiation product, add-on fee, purchase-linked rental rebate or guaranteed saving. The Concierge base and variable fee milestones are not replaced or accelerated by a rental acceptance.
12.2 You decide whether to buy. Your vehicle purchase contract is directly with the licensed supplying dealer and you pay that dealer directly. Under this rental agreement CarTest cannot sign a purchase contract, place a binding order, accept vehicle purchase funds, arrange finance or vary the dealer contract on your behalf. Any purchasing authority and any change to the buying brief remain subject to the separate accepted Service Terms and your express approval.
12.3 A test drive or rental acceptance does not approve a purchase order, finance product, trade-in or dealer offer. A rental does not promise a particular discount, stock allocation or delivery date. We remain responsible for the Concierge services and representations we agree to provide and for accurately describing the basis of information we present.
13 Independence and provider arrangements
13.1 CarTest Concierge is paid only by its customers and receives no dealer commissions or referral payments for Concierge. CarTest Agency separately receives contracted OEM event payments for its own work. Those arrangements do not create a customer rental charge, reduce the services we owe you or require you to buy a vehicle.
13.2 We disclose any material relationship or conflict relevant to the proposed arrangement before asking you to proceed and explain CarTest’s role and the dealer’s role. A dealer’s permission to supply a vehicle is not a promise of insurance or a transfer of that dealer’s obligations to you. Your rights under this agreement, the accepted Service Terms and applicable law are not conditional on a manufacturer or dealer paying CarTest.
14 Personal information and vehicle data
14.1 We use necessary customer, driver, service, agreement, acceptance and payment-reference information to administer the agreed arrangement, confirm eligibility, handle incidents and meet legal obligations. The completed agreement identifies the records to be kept and the secure process used. Acceptance records identify the customer and acknowledging additional drivers, the exact agreement and schedule versions, date and time, and a content identifier. Authorised staff and the identified provider receive access only as needed. Contact us to request access or correction.
14.2 We share only information reasonably needed with the identified vehicle provider, insurer or claim handler, payment processor and service providers, or as law requires. Our privacy information is available at https://www.cartest.com.au/privacy. Accepting this agreement is not consent to unrelated marketing or unrestricted disclosure to a manufacturer. We explain any separately requested marketing consent and you may decline it.
14.3 Any vehicle GPS, telematics or location collection must be disclosed before acceptance in the schedule, including the collecting party, purpose, access and relevant privacy information. These general terms do not give undisclosed permission for tracking. The agreement does not require storing a full licence number, licence image, card number or card security code in the portal.
15 Serious breach and ending a service
15.1 If a serious breach creates a safety risk, unlawful use or a material risk of loss, we may suspend affected use and require a safe lawful return. Where it is reasonable and safe, we explain the breach and allow a reasonable opportunity to put it right. We may end the affected service if the serious breach cannot reasonably be remedied. Recovery of a vehicle must be lawful and must not involve an unauthorised entry or breach of the peace.
15.2 Ending a rental does not automatically forfeit every Concierge fee or remove cover for an unrelated event. Concierge service cancellation and fee adjustments follow the accepted Service Terms. Any separate agreed rental charge and reasonable substantiated loss caused by a breach are assessed under the completed rental agreement and applicable law, with no double recovery. Either party may exercise rights available for the other’s breach; your consumer remedies are preserved.
16 Consumer rights and complaints
16.1 Nothing in this agreement excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded, including under the Australian Consumer Law. Voluntary refunds and guarantees are additional to those rights. No term excludes our responsibility for our own negligence, misleading statements or failure to provide the agreed service where law imposes that responsibility.
16.2 Contact christian@cartest.com.au or 1800 879 828 with your enquiry reference and concern. You may also write to CarTest at Smart Mobility Group, PO Box 161, Hawthorn VIC 3122. We will acknowledge your complaint and aim to provide a substantive response within 15 working days, keeping you informed if investigation takes longer. You may seek help from Consumer Affairs Victoria or a court or tribunal without completing our internal process.
17 Electronic acceptance and changes
17.1 This read-only template has no acceptance control and viewing or downloading it is not agreement. Before every drive, the customer must receive and actively accept a fresh, completed vehicle-specific rental agreement that identifies these terms, the schedule, the accepted Concierge Scope of Work and Service Terms, and all applicable provider and cover documents. Each additional driver separately acknowledges the conditions applying to that driver and vehicle. The customer’s earlier Concierge acknowledgement or base-fee payment cannot stand in for this rental acceptance.
17.2 Where electronic acceptance is offered for an issued rental agreement, the process must identify the customer, provide the exact documents for review and retention, record the customer’s full signing name and affirmative agreement and consent to electronic signing and delivery. Additional-driver acknowledgements must be recorded separately. We retain the issued schedule, terms and incorporated documents with their versions and content fingerprints and record each acceptance against that copy. You receive a retainable copy. Contact us for a paper alternative if you do not consent to the electronic process.
17.3 An issued or accepted agreement is not silently overwritten. A different vehicle, additional driver or material change to duration, use area, cover, charges or other schedule conditions requires a clearly identified replacement or variation, fresh customer acceptance and any affected additional-driver acknowledgement before the changed arrangement proceeds. The dealer’s approval, written insurance authorisation and eligibility checks must also be reconfirmed for the changed arrangement. A replacement does not remove accrued rights.
17.4 Rental acceptance does not itself verify identity, make a payment, reserve a vehicle, complete provider checks or authorise a card charge. It does not create insurance authorisation. The particular drive proceeds only after the active agreement, all required driver acknowledgements, dealer confirmation and written insurance authorisation are in place. No acceptance of this template or an earlier rental is carried forward automatically to a later drive.
18 General terms and definitions
18.1 Victorian law governs this agreement, subject to mandatory laws and any right you have to bring proceedings elsewhere. An invalid or unfair term is ineffective to the extent required by law; the remaining terms continue where they can operate independently. No general statement here overrides an express promise made to you or a non-excludable right.
18.2 Vehicle-specific schedule means the completed details issued for one particular drive with the identified terms and provider documents. Active rental agreement means that issued agreement as expressly accepted by the customer, with required additional-driver acknowledgements and no unaccepted material change; it does not by itself establish a reservation or insurance authorisation. Vehicle means the identified car and its listed accessories during its scheduled possession period. Approved driver means a person expressly approved and eligible for that car before driving. Provider means the disclosed party supplying the vehicle or the specified cover, according to the role stated in the schedule.
18.3 Scope of Work means the identified individual Concierge scope accepted with the applicable Service Terms. An included drive means a drive counted under that scope and the agreed test-drive plan, subject to clause 2.2. Excess means the disclosed dollar contribution under applicable cover for a covered event, including only additional excesses expressly identified. Fair wear and tear means reasonable deterioration from normal permitted use. Return means completion of the agreed vehicle and key handover. Written agreement includes a clearly identified secure electronic record or email accepted by the affected parties; a new website posting alone is not a variation.