3. (Vehicle Availability) Participating Audi dealers may, from time to time, make one or more of the following vehicle types available for order or enquiry via the Online Order Form: vehicles currently in stock at the participating Audi dealer; vehicles on order from the factory by the participating Audi dealer; vehicles which may be configured by you using the online configuration tool and ordered via the participating Audi dealer (together, Vehicles). The Online Order Form gives you two options in relation to a Vehicle of interest: you may elect to "Make an enquiry" to notify the selling dealer of your interest in a particular Vehicle (Online Enquiry) or you may elect to "Order now" to request that the selling dealer hold the particular Vehicle for a minimum of 3 business days (subject to confirmation of availability) in exchange for your payment of a $500 holding fee to the selling dealer (Online Order). Availability of Vehicles listed on the Audi Australia website is based on Audi Australia records at the time of publication. Submitting an Online Enquiry or an Online Order does not guarantee that you will be able to purchase the Vehicle selected by you and Vehicle availability is subject to confirmation by the selling dealer on receipt of your Online Enquiry or Online Order.
4. (Online Enquiry and Order Process) The Online Order Form is a convenient communication method with the relevant participating dealer made available to you by Audi Australia for the purposes described in clause 1 above. Audi Australia is not party to your interactions with your chosen dealer, is not party to any transactions entered into between you and dealer (including payment or refund of the holding fee and any final sale) and does not warrant the accuracy of any representations made or information provided to you by dealer in response to your Online Enquiry or Online Order made via the Online Order Form. Subsequent to your use of the Online Order Form, Audi Australia expects that the following process will occur:
5. (Not an Agreement to Purchase) Nothing in these Terms constitutes an agreement governing any matter arising subsequent to your use of the Online Order Form, including to purchase a Vehicle the subject of an Online Enquiry or Online Order, nor is this an offer by Audi Australia to sell any Vehicle to you. Audi Australia does not sell any of the Vehicles directly to you and is not party to any transactions between you and the selling dealer (including in relation to payment of the $500 holding fee, which is paid via the Online Order Form to the selling dealer and not to Audi Australia). Any purchase agreement for a Vehicle must be entered between you and your preferred Audi Dealer either in person, at the dealership or by online correspondence between you and your preferred Audi Dealer (Dealer Sales Contract). If you decide to enter into a Dealer Sales Contract, that Dealer Sales Contract will set out all terms and conditions on which you purchase the Vehicle from the selling Dealer.
6. (Manufacturer's Recommended Drive Away Price) The price for the Vehicle displayed on the Audi Australia website and Online Order Form is the Manufacturer's Recommended Drive Away Price (MRDP) including optional equipment fitted. The MRDP is for the Vehicle in the configuration and with each of the options and other features installed in the Vehicle as available for sale from the listed dealer (includes Recommended Dealer Delivery Charge, Government taxes and statutory charges) at the time of publishing and based on the State or Territory where the Dealer is located. If you register the Vehicle in a different State or Territory, the MRDP may vary from that above as a result of differences in price components such as stamp duty or registration fees. The MRDP is based on the owner being a 'rating one' driver aged 40 with good driving record. Actual drive away price is subject to agreement with the selling dealer and will differ depending on choice of dealer and individual circumstances. The final drive away price payable by you for the Vehicle, as well as any trade-in value, financing options and other transaction costs, will be agreed between you and your selected Audi Dealer at the time when you enter into the Dealer Sales Contract. We note that on road costs are constantly changing and depend on many factors, such as your registration address, vehicle usage and licence plate type. The final drive away price will be set out in the Dealer Sales Contract and may be different from the MRDP shown in the Online Order Form (Final Purchase Price). Once you enter into the Dealer Sales Contract, the amount of the Holding Fee will be applied towards payment of the Final Purchase Price of the Vehicle and thereby reduce your payment obligations under the Dealer Sales Contract.
9. (Governing Law and Jurisdiction) These Terms are governed by the laws applicable in the State of New South Wales, and the parties submit to the exclusive jurisdiction of the Courts of that State.