Sales – Terms and Conditions
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.
2. Delivery: 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.
3.1. 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.
4. Trade-In: 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.
5. Risk: 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.
7. Title: 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.
14.1 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.
14.2 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;
14.3 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;
14.4 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. Any personal information that you provide may be used by Ebbett Volkswagen, other Ebbett Group dealerships owned by Ebbett Waikato Limited, 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. However, Ebbett will not be responsible for any breaches of security caused by third parties. 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 Volkswagen, 490 Grey Street, Hamilton East, Hamilton 3216 Tel: 07 838 2949 or European Motor Distributors at PO Box 959, Auckland; email [email protected] or ph. 09 360 2911.
15. 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.
16. No Warranties or Liabilities: All the information provided by this website is believed to be accurate, but it may contain errors or inaccuracies or may be outdated. The information on this website does not contain or constitute any sense of offer or commitment. The information on this website does not intend to warrant any expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose. In no case shall the Ebbett Group be liable to any entity or person for any special, indirect or consequential damages relating to the information on this website. Any picture, text, video, audio, image or photo on this website has no intention of discriminating any nationality, vilifying any personal reputation or using any vulgar language. In case of any inappropriateness, please contact us.
17. Intellectual Property: Unless otherwise indicated, all patents, trademarks, and copyrights on this website are subject to Intellectual Property of the Ebbett Group, including marks, model names, logos, and emblems. The information, brand and other contents of this website should not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of the Ebbett Group. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Accordingly, no license to use the intellectual property of the Ebbett Group or the intellectual property of third parties has been granted by this website. The Ebbett Group may, without charge, use any ideas or proposals stored by a User on this website for the development, improvement and sale of its products or this website.
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.
Service & Parts – Conditions of Sale
Net cash on date of purchase unless prior arrangements have been made for a charge account.
All goods accepted for return are subject to a 10% handling charge. Parts procured on buyer’s behalf from other suppliers are not returnable. Returns will not be accepted after seven days from the date of purchase nor unless the packaging slip number is quoted. Freight and tall charges are not refundable. Returned goods must be returned to our premises freight paid.
The company gives no warranty on any product or service beyond that offered by the manufacturer or supplier.
The company will not accept responsibility for any damage resulting from goods being fitted by an unqualified tradesman or in an untradesmanlike manner, not being adapted for a use for which they are not intended.
5. Risk and Title:
The buyer will take pro forma delivery of the goods upon them leaving the possession of the Company or its servants and thereupon the risk will will be with the buyer. The buyer will take possession of the goods as bailee only, will insure them and keep them in good order and condition. Property in the goods shall pass to the buyer when the buyer has paid for them and discharged all outstanding indebtedness to the Company whatsoever. Receipt by then Company of any cheque or other bill of exchange or promissory note shall not be deemed to be payment or conditional payment until the same has been met upon presentation and until such time not prejudice or affect the Company’s rights, powers or remedies against the buyer or in respect of the goods. The Buyer shall not otherwise allow any legally enforceable charge to be created over the goods.
6. Personal Property Securities Act 1999 (‘PPSA’)
The Buyer grants to the Company a security interest in the goods and any after-acquired goods purchased from the Company in accordance with these Conditions of Sale (including any proceeds thereof), until payment has been made in full for the goods. The buyer agrees to provide any further information and to enter into any further documentation required to enable the perfection of the Company’s security interest in the goods Pursuant to PPSA.
7. All conditions of sale are to be read and construed subject to the Consumer Guarantees Act 1993 (‘The Act’). The Act shall prevail where any terms are in conflict with or inconsistent with any provision of The Act, provided that the Act not apply to any goods or service acquired for the business purposes.