Sales – Terms and Conditions
1. Motor Vehicle Trader
Wherever used the term “Motor Vehicle Trader” shall mean the vendor Motor Vehicle Trader defined under the Motor Vehicle Sales Act 2003.
The Motor Vehicle Trader will deliver the vehicle to the Purchaser at the time on the day requested or so soon thereafter as is reasonably possible and the Purchaser will take delivery thereof forthwith upon it becoming available. The Motor Vehicle Trader shall not be liable for non-delivery nor for delay in delivery on the part of the Motor Vehicle Trader from whatever cause nor for any direct or consequential loss or damage arising there from.
3. Title and Possession
Neither title nor possession nor the right to possession shall pass to the purchaser until (i) all obligations of the purchaser contained or implied in or arising out of this agreement have been duly completed and performed including payments having been made, including payments of any cheque on presentation and (ii) the Trade-in (if any) delivered to the Motor Vehicle Trader together with the Certificate of Registration and Transfer of Ownership correctly executed, and (iii) all documents in respect of any Balance Outstanding executed by the Purchaser.
If the purchaser is in default of any of its obligations under this agreement the Motor Vehicle Trader or the Motor Vehicle Trader’s agent may enter into or upon any building or premises owned, occupied, used by or under the control of the Purchaser where the vehicle is situated and retake possession of the vehicle.
Subject to the provisions of this clause, the Motor Vehicle Trader’s willingness to accept the vehicle described as the Trade-in is conditional upon the Motor Vehicle Trader obtaining unencumbered title to it and on compliance by the Purchaser with Condition 3(ii) above and further upon the Trade-in being delivered to the Motor Vehicle Trader in at least the same or better condition as when inspected by the Motor Vehicle Trader and carrying a warrant of fitness issued not more than 30 days prior to the date of delivery to the Motor Vehicle Trader. If the purchaser fails to deliver the Trade-in in accordance with the foregoing conditions, the Motor Vehicle Trader may nonetheless require him to complete the purchase from the Motor Vehicle Trader in accordance with the terms set out in this agreement save that the Purchaser shall pay the Net Allowance for the Trade-in in cash except insofar as the Motor Vehicle Trader may agree to finance the same as additional Balance Outstanding. If the Purchaser fails to complete the purchase from the Motor Vehicle Trader, the Motor Vehicle Trader shall be entitled to cancel this contract entirely or to require the Purchaser to sell the Trade-in to him for a price equivalent to the Net Allowance and otherwise on the conditions hereinbefore set out.
This shall be and remain at the Purchaser’s risk in all respects as from the time when the Purchaser receives delivery of same.
6. Purchaser’s Acknowledgement
The Purchaser acknowledges that the Trade-in had been made freely and has not been demanded of the Purchaser as a condition of the sale.
Title to any trade-in shall not pass to the Motor Vehicle Trader until delivery thereof to the Motor Vehicle Trader.
8. Deposit on Signing
The amount shown as the Deposit on Signing is the consideration binding the parties to this agreement. The amount shall be applied against the purchase price. In the event the Agreement becomes unconditional and the Purchaser does not complete the transaction, the deposit shall be forfeited to the Motor Vehicle Trader.
9. Special Conditions
This agreement shall be conditional only on any condition specifically endorsed on the face of this Agreement as a Special Condition. On the fulfilment of the Special Conditions, and in the absence of any special conditions this Agreement is unconditional.
Conditions relating to New Vehicles
10. Availability of stocks
The Motor Vehicle Trader shall not be bound to import goods to fulfil this contract. If at the time of delivery the Motor Vehicle Trader has no or insufficient stocks in New Zealand, the Motor Vehicle Trader shall be excused from performance.
11. Alterations in prices
The Motor Vehicle Traders prices may be altered at any time and all goods, components and parts therefore, and other products are sold subject to the prices ruling at the time of delivery. In the event of the total gross cost on the date of delivery being greater than that shown on the face hereto this Order shall be construed as if the total gross cost at the date of delivery was substituted for the total gross cost shown on the face hereto. In any such event the Purchaser shall have the option within 24 hours of receiving notification of such price increase of cancelling the Order and having the cash deposit refunded and the Trade-in (if any) returned, provided that where the Trade-in has been sold or otherwise disposed of the Purchaser shall be entitled only to the amount set out on the face hereto as the allowance on the Trade-in in lieu of its return.
12. Alterations in specification
In the event of any alteration by the manufacturer or assembler in the design or specification of any model the Motor Vehicle Trader shall be entitled but not bound to deliver goods conforming to the altered design or specification in fulfilment of any order.
13. Warranties and Conditions
It is expressly agreed that no representation condition warranty or promise, expressed or implied, applies to this agreement or the sale to be effected pursuant to it other than the manufacturer’s written warranty (if any) given to the purchaser upon delivery. Where this contract is a supply for business purposes in terms of the Consumer Guarantees Act 1993 and subject to the Motor Vehicle Sales Act 2003 it is expressly agreed that no representation condition warranty or promise, expressed or implied, applies to this agreement or the sale to be effected pursuant to it other than the manufacturer’s written warranty (if any) given to the Purchaser upon delivery.
14. Obtaining and releasing information – The Privacy Act
Information as to credit worthiness and manufacturer’s customer satisfaction indexes.
The Purchaser consents to the Motor Vehicle Trader, any financier, or credit-rating agency or Manufacturers or distributors making enquiries of, and obtaining any information from any person whatsoever about the financial standing and credit worthiness of the Purchaser.
The Purchaser hereby requests and authorises any person from whom the Motor Vehicle Trader, financier or credit-rating agency or Manufacturers or distributors requests such information to provide that information;
The Purchaser agrees that the Motor Vehicle Trader, financier or credit-rating agency or Manufacturers or distributors may supply any information about the financial standing and credit worthiness of the Purchaser, however obtained, to any other person whom the Motor Vehicle Trader, financier or credit-rating agency or Manufacturers or distributors considers has a legitimate interest in such information;
The Purchaser agrees that the authorisation’s consents and requests contained in this agreement shall continue in favour of the Motor Vehicle Trader, financier, or credit-rating agency or Manufacturers or distributors as long as those persons have a legitimate interest in the information which is the subject of those authorisation’s, consents and requests.
14.5 Privacy Statement
We are committed to respecting your privacy and recognise your need for appropriate protection and management of personally identifiable information you share with us.
We will not spam you. You will be given the option to opt out at any time.
The personal information you have chosen to provide may be used by Ebbett Audi and the European Motors Group of companies (including European Financial Services) for the purpose of communicating information or offers relating to our products and services. We will hold this information securely. Your contact details will not be made available to other organisations without your express permission. You are welcome to contact us at any time to access and correct your personal information or to ‘opt-out’ of receiving further communications from us. Contact Ebbett Audi, 490 Grey Street, Hamilton, 3216 Tel: 07 903 2240 or European Motor Distributors at PO Box 959, Auckland; email crmteam@EuropeanMotors.co.nz or ph. 09 360 2911.
Nothing in this agreement shall limit or abrogate the Purchaser’s rights and remedies under the Consumer Guarantees Act 1993 except to the extent that:
(a) Contracting out is permitted under the Act; and
(b) That Act is contracted out of this agreement.
Note to the purchaser
Where the Consumer Guarantees Act 1993 or Fair Trading Act 1986 apply to this agreement, these Act’s provide you with additional rights and remedies.
Where the Consumer Guarantees Act 1993 or Fair Trading Act 1986 apply, nothing in clauses 1 to 15 of this agreement shall limit or abrogate your rights under the Act.