1.1 BMW Australia Ltd (ABN 11 004 675 129) (BMW) has established BMW Professional Programme and MINI Professional Programme to promote the sale of vehicles to the corporate sector through approved BMW and MINI dealers as determined by BMW from time to time (Approved Dealers) with the support of BMW.
1.2 These Terms and Conditions:
- a) set out that BMW may, from time to time, deem a corporations or other business entities (including associations, professional bodies, partnerships, trading trusts and other business structures) to be a “Corporate Customer”;
- b) set out the terms upon which BMW may offer benefits to (i) the Corporate Customer; (ii) subsidiaries of the Corporate Customer (as that term is defined in the Corporations Act 2001 (Cth)); (iii) permanent part time or full-time employee of the Corporate Customer or a subsidiary; (iv) a spouse of a full-time employee of the Corporate Customer or of a Subsidiary; (v) if the Corporate Customer is an association, a full member of the association or that person's spouse; or (vi) any other individuals or entities requested by the Corporate Customer and approved by BMW, at its absolute discretion, from time to time (Eligible Persons);
- c) incorporate any materials published by BMW regarding the benefits available under BMW Professional Programme and MINI Professional Programme (Benefits Materials) and these Terms and Conditions will take priority over such Benefits Materials to the extent of any inconsistency;
- d) apply to the exclusion of any agreement between the Corporate Customer and Bayerische Motoren Werke Aktiengesellschaft of Munich, Germany or any of its subsidiaries; and
- e) apply from 1 May 2022 and to all purchases or leases of Programme Vehicles made by Eligible Persons on and from 1 May 2022 and replace all previous terms and conditions relating to the similar previous BMW programmes, which cease to apply from 1 May 2022.
1.3 Status as a Corporate Customer under the BMW Professional Programme or MINI Professional Programme is at BMW’s absolute discretion.
The Corporate Customer acknowledges that Approved Dealers are not the agents of BMW and have no right to bind BMW in contract or otherwise or to represent that they can do so.
1.4 Except as provided in clause 8.5, benefits conferred by these terms and conditions are not transferable upon the sale of a Programme Vehicle purchased under the BMW Professional Programme or MINI Professional Programme.
1.5 BMW may at any time vary these terms and conditions and any benefits offered to Corporate Customers and Eligible Persons at any time, and will take reasonable steps to notify Corporate Customers of any variations.
1.6 These Terms and Conditions are governed by and interpreted in accordance with the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of that State.
2.1 BMW shall offer the benefits of the BMW Professional Programme or MINI Professional Programme to Eligible Persons, in accordance with these Terms and Conditions.
2.2 Details of the benefits are set out in the Benefits Materials as published by BMW from time to time.
2.3 Where the benefits include a BMW Service Inclusive package, that inclusion is subject to the BMW Service Inclusive terms and conditions available at https://www.bmw.com/en-au/offers-and-services/personal-services/service-inclusive.html.
3.0 Authorised Dealers
3.1 BMW will notify the Approved Dealers of the benefits of the BMW Professional Programme and MINI Professional Programme from time to time, and use reasonable efforts to ensure that the Approved Dealers offer these benefits to Eligible Persons.
3.2 The Eligible Person may nominate any Approved Dealer from whom they will purchase or lease a Programme Vehicle under these Terms and Conditions.
3.3 All purchases or leases of an eligible vehicle by an Eligible Person will be subject to the relevant Approved Dealer’s terms and conditions of sale from time to time, and the terms of any finance contractor offered by a financier, including BMW Australia Finance Limited. BMW is not a party to such contracts and, to the maximum extent permissible by law, accepts no liability in connection with such arrangements.
4.0 Programme Vehicle orders and purchasing/leasing
4.1 To receive the benefits offered under the BMW Professional Programme or MINI Professional Programme, a Corporate Customer or Eligible Person must, prior to entering into a contract of sale for the purchase or lease of an eligible vehicle with an Authorised Dealer provide a letter of eligibility and such documentary evidence as BMW or the Approved Dealer reasonably requires to confirm that the purchaser is an Eligible Person and qualifies for the BMW Professional Programme or MINI Professional Programme.
4.2 A Corporate Customer must ensure, in respect of each purchase or lease of a Programme Vehicle under BMW Professional Programme or MINI Professional Programme, that each purchase contract with respect to the Programme Vehicle the subject of an order is either:
- a) executed by the Corporate Customer or on behalf of the Corporate Customer or an authorised representative of that Corporate Customer and the Programme Vehicle is registered in the name of that Corporate Customer; or
- b) executed by an Eligible Person and the Programme Vehicle is registered in the name of that Eligible Person.
5.1 To the extent permitted by law, BMW excludes all warranties and conditions expressed or implied by statute, common law, equity, trade custom or usage or otherwise, except for the BMW manufacturer’s supplementary warranty that applies to all eligible vehicles. The terms and conditions of the BMW manufacturer’s supplementary warranty are available on request from BMW and are provided with each eligible vehicle.
5.2 To the maximum extent permitted by law, BMW will not be liable to the Corporate Customer or its employees, contractors or agents or any Eligible Person for any direct, indirect, incidental or consequential damages of any nature howsoever caused (whether based on tort or in contract or otherwise) or any other claim whatsoever arising directly or indirectly or in any way attributable to the performance, the failure to perform or the delay in performance of the obligations of BMW under these Terms and Conditions.
5.3 These terms and conditions are subject to any statutory rights and remedies that are available to Corporate Customers and Eligible Persons, including under the Australian Consumer Law.
BMW collects personal information of Corporate Customers, their employees, contractors or agents and Eligible Persons for the purposes of the BMW Professional Programme and MINI Professional Programme.
BMW may use this personal information for the purposes of administering the BMW Professional Programme or MINI Professional Programme, including customer care and sending you communications for the purposes of marketing and research. You can opt out of our marketing communications at any time.
- BMW may also share this personal information with third parties including parties within the BMW Group of companies (including Bayerische Motoren Werke Aktiengesellschaft and BMW Australia Finance Limited) and authorised BMW dealers. These third parties may be located outside Australia, including in Germany, Belgium, the Philippines and the United States of America.