Terms and conditions

These terms and conditions form part of the Vehicle Loan Agreement between you and Alpha Finance. They set out your rights and obligations under the loan contract.

1. Definitions and interpretation

In this Agreement, including the Schedules and Annexures:

Agreement means the Vehicle Loan Agreement, as well as all of the complementary components contained or listed within it. It may also be referred to as the contract, credit contract or loan contract.

Annual Percentage Rate means the interest rate specified as such in this Offer and Loan Contract as applicable to this Loan from time to time.

Business Day means a day that is not a Saturday, Sunday or public, special or bank holiday on which we are open for business in Brisbane.

Code means the National Credit Code, found under Volume 2, Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth). PPSA means the Personal Property Securities Act 2009 (Cth).

Loan means the amount of credit specified in the Schedule and any other moneys owing, including interest, credit fees and charges and any other moneys that become due, owing or payable to us under this Offer and Loan Contract.

Money Owing means all money now or at any time in the future due or payable to us by you under this Agreement, including the Total Repayments, all interest, Fees and Charges, any Early Payout Fee and any Enforcement Expenses.

Secured Property means the Vehicle and all rights and claims under any insurance policy or vehicle warranty relating to it, including any repairs, replacement parts, additions or alterations, and any money or replacement vehicles received from an insurance claim or warranty.

Vehicle means the motor vehicle and any accessories listed in the Alpha Finance Vehicle Loan Agreement which you have agreed to buy from us. We, Us or Our means Alpha Finance Pty Ltd (ABN 93 151 835 040), and may also be referred to as "Alpha" or "the Company". You or Your means the person or persons purchasing the vehicle and named as the Customer in the Schedule, and includes your successors and assigns.

Where two or more people have entered into this Agreement with us, we can enforce our rights against all of you together or against any one of you alone. This means each of you can be required to pay the whole amount even though you may have some other arrangement among yourselves or not all of you benefit equally.

2. Loan provisions

We may withdraw or vary this offer at any time before you accept it if there is any material change in circumstances prejudicial to us, or if it is otherwise reasonably necessary to protect our legitimate interests. We will not lend you the amount of credit until you provide evidence of current insurance over the Secured Property noting our interest. You must arrange to draw the amount of credit within 14 days of the date of this loan contract, or later as we both agree, or we may terminate it. By signing, you agree to borrow the amount of credit on the terms specified, and this Agreement becomes binding on you when you sign, irrespective of any payment of money or delivery of goods. We may refuse to fund all or part of the Loan if there has been an Event of Default or you do not comply with the conditions of our offer.

3. Vehicle security

You grant us a security interest in the Secured Property (and any insurance policy with respect to it, including money received from a warranty or insurance claim) to secure payment of the Money Owing. You will obtain legal title to the vehicle and ensure that, apart from the mortgage given to us, there are no other rights or interests over it. You acknowledge that any advance we make is solely for the purpose of purchasing the Vehicle and is to be refunded to us if you do not purchase it.

4. Your obligations: registration, insurance and operation

You must:

• comply with all laws relating to registration, compulsory third-party insurance, use, operation, maintenance and possession of the Secured Property;
• ensure operation and maintenance comply with all relevant laws and the manufacturer's instructions;
• repair and maintain the Vehicle and keep it in a condition generally as good as on the date you accept the offer;
• keep the Vehicle comprehensively insured for its full replacement value, with Alpha's interest noted on each policy;
• give us copies of all insurance policies and evidence they are current whenever requested;
• pay all amounts due to any repairer; promptly tell us if the Vehicle is damaged, faulty, stolen or in an accident, and repair accident damage immediately;
• allow us to inspect and test the Vehicle at any time we ask;
• continue to make the Regular Payments even if you cannot use the Vehicle for any reason;
• not sell, transfer, sub-hire, dispose of or create a security interest in the Vehicle, conceal or alter it, or do anything that reduces its value or voids its insurance; and
• not make any false or misleading representation, or act fraudulently, in connection with this Agreement.

You appoint Alpha and our authorised representatives as your attorney to recover insurance monies and settle claims if you fail to do so. If the cost of repairs exceeds the insurance monies, you will make up the difference from your own funds.

5. Calculation of interest charges

We calculate interest on your loan daily, by multiplying the unpaid daily balance (including the loan amount, fees and charges and any insurance premiums) starting on the Loan Date. The daily rate equals the annual percentage rate divided by 365 (or the number of days in that calendar year). Interest is debited monthly in arrears on the same day each month as the Loan Date, added to the Money Owing, and accrues interest at the same rate and manner as the principal.

6. Repayments

• You must repay the outstanding balance by making repayments on each due date until the Loan is fully repaid; the first regular payment due date is in the Schedule.
• Subsequent Regular Payments are due on the same day each week, fortnight or month, as set out in the Schedule. If a payment falls due on a non-Business Day, it is due on the next Business Day.
• You must provide a direct debit authority authorising us to debit your nominated account. A dishonoured payment is treated as not made.
• Payments are credited to your Loan account when received. Overpayments reduce the total number of Regular Payments needed but do not remove the obligation to make subsequent Regular Payments.
• If Credit Fees and Charges, Enforcement Expenses or other costs are debited to your Loan account, you must pay them immediately.
• On expiry of the Loan Term, you must pay us the total amount you owe, including all interest, fees and charges.

7. How payments are applied

You can tell us to apply your payments in any order. If you do not provide written instructions before or when making a payment, we will apply it in the order we decide (for example, to Enforcement Expenses or credit fees and charges before your Regular Payment). We will adjust debits, credits and the Money Owing for processing errors, dishonours, refunds or corrections to accurately reflect the legal obligations between us.

8. Credit fees and charges

You must pay the Fees and Charges payable under this Agreement; they are debited to your Loan account when payable and form part of the Money Owing, as does any government tax, duty, levy or fee we incur. We may vary the amount, add a new charge, vary the calculation method, or vary the time or frequency of payment, except that during any Fixed Rate period we may not increase, or change the calculation of, a charge payable on early repayment. If a variation increases your obligations, we will notify you 20 days before it takes effect; otherwise we will notify you in your next statement of account.

9. Early payout

You may repay the Money Owing before the end of the Term at any time. If you do, we will charge an Early Payout Fee, which is debited to your Loan account and forms part of the Money Owing. On written request, we will provide a detailed written statement of the amount required to pay the Money Owing in full.

10. Surrender of vehicle

The Code gives you the right to return the Vehicle to us before you have paid the Total Repayments, and to require us to sell it if we have taken possession because you are in default. You must give us written notice of your intention to surrender or to require a sale. Within 14 days of return (or of your requiring a sale), we will give you written notice of an estimated value. Within 21 days of that notice you may require us to return the Vehicle (if you are not in default) or nominate a buyer prepared to pay at least the estimated value. Otherwise we will sell the Vehicle as soon as reasonably possible for the best price reasonably obtainable, credit the net proceeds to your Loan account, and give you written notice of the amounts. When the Vehicle is sold, the Money Owing becomes due and payable immediately.

11. Events of default

You will be in default if:

• you fail to pay us on time any amount due under this Agreement;
• you do not do what you have agreed to do, or do what you have agreed not to do;
• you or a person acting on your behalf provides incorrect or misleading information (including by omission);
• you die, no longer have legal capacity, or become unable to manage your own affairs;
• you sell, transfer or dispose of the Secured Property without our consent;
• the Secured Property is written off, destroyed, stolen or confiscated; or
• a change in your circumstances occurs which, in our reasonable opinion, may have a material adverse effect on your capacity to meet your obligations.

12. Our right to end this Agreement

If you are in default, we will consider you to have repudiated this Agreement. We will give you written notice and at least 30 days to remedy your default (unless we reasonably believe it cannot be remedied) before accepting your repudiation or taking enforcement action. If we accept your repudiation, the Agreement ends and you must pay us all amounts you owe and comply with your other obligations that apply when the Agreement ends.

13. Conditions of termination

If we end this Agreement, we can exercise our rights under it and any rights available to us under law, and the Money Owing becomes due and payable immediately.

14. Enforcement expenses

We may charge you enforcement expenses we reasonably incur if there is an Event of Default or you breach this Agreement. These are debited to your Loan account when payable, form part of the Money Owing, and are immediately due. They include expenses reasonably incurred (using our staff and facilities or a third-party agent or legal representative) in enforcing, attempting to enforce, protecting or contemplating enforcement of our rights, performing your obligations, sending arrears letters or default notices, and any payment we make because of a dishonoured cheque.

15. PPSA

You acknowledge that this Agreement constitutes a Security Agreement for the purposes of the PPSA and grant us a PPSA security interest in the Vehicle for the Term. We may register our security interest as a first ranking Purchase Money Security Interest, and you must do whatever is required to enable or correct registration. You agree that sections 96, 116(2), 120, 125, 142 and 143 of the PPSA will not apply, and waive your right to receive certain notices the PPSA would otherwise require. Each party agrees not to disclose information of the type referred to in section 275(1) of the PPSA except as required by that section.

16. Change in circumstances and financial difficulties

You must tell us promptly about any information we should be aware of regarding your ability to comply with this Agreement, including any change in income or creditors. You should tell us immediately if you cannot make any repayments; if you do, we will discuss alternative payment arrangements with you, although we do not have to agree to any.

17. Notices

Any notice or demand we give may be in writing, signed by any of our officers, and delivered personally, by pre-paid mail or by electronic mail (including SMS) to your last notified address. Any such notice is taken to have been received when it would have been delivered in the ordinary course of post. We have no obligation to provide a notice where we have made a reasonable but unsuccessful attempt, or where we reasonably believe you can no longer be contacted at the address you provided.

18. National Credit Code and other laws (severability)

If any part of this Agreement is inconsistent with, illegal, void or unenforceable under the Code or other laws, it is to be read as varied or omitted to the extent required to ensure compliance. If any term is regulated by unfair contract terms legislation and we are advantaged by it, we may only exercise our rights under that term to the extent reasonably necessary to protect our legitimate interests.

19. Changes to this Agreement

To the extent the Code or other laws allow, we may vary the terms of the Agreement, including any figures (fees, charges and so on), provided you are given at least 30 days' prior written notice, or any longer period required by the Code.

20. No waiver of our rights

We will not waive any of our rights under this Agreement unless we do so in writing.

21. Set off

You must pay all amounts due in full without setting off amounts you believe we owe you and without counterclaiming, except to the extent a right of set off is not excluded by law. Alpha Finance may, in its absolute discretion, deduct or set off Money Owing from money payable to you.

22. Communication between us

By signing this Agreement, you acknowledge that you were given an Information Statement and the opportunity to obtain independent legal and financial advice. By inserting your email address in the Schedule, you authorise us to use email for communication. You must tell us if you change your name, address, telephone or mobile number or employment, and you may cancel your authorisation to receive documents by email at any time by notifying us. If you have provided an email address, you must check it regularly and are responsible for printing or saving important documents.

23. Joint borrowers: obligations are separate and together

If there is more than one Borrower, the obligations under this Offer and Loan Contract bind each Borrower jointly and severally, and each Borrower is liable to us separately for the balance of the Loan account as well as together.

24. Assignment

We may transfer or assign our rights under this Agreement without your consent, provided we reasonably believe you will not suffer any material detriment. You consent to us giving any information (including documents) about you to the assignee or anyone considering becoming the assignee.

25. No agency

Any third party who has submitted an application on your behalf is not an agent of Alpha Finance, but an independent and licensed actor in their own right.

26. Counterparts

This Agreement may be signed or executed in several counterparts, with the same effect as if the signatures were on the same instrument.

27. Governing law

This Agreement is governed by the law in force in the State of Queensland.

Last reviewed June 2026.

Alpha Car Finance Pty Ltd. ABN 93 151 835 040. Australian Credit Licence 411447.