TERMS & CONDITIONS OF GIZ TECH AUTOMOTIVE
GIHAN’S AUTO SOLUTIONS LIMITED/Trading as GizTech Automotive
TERMS AND CONDITIONS OF TRADE
- DEFINITIONS
1.1 “GizTech Auto” shall mean Gihan’s Auto Solutions Limited, trading as GizTech Automotive, or any agents or employees thereof.
1.2 “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods or services from GizTech Auto.
1.3 “Goods” shall mean all goods, chattels and parts supplied by GizTech Auto to the customer and shall include any fee or charge associated with the supply of goods by GizTech Auto to the customer.
1.4 “Services” shall mean all services provided by GizTech Auto to the customer and shall include, without limitation, the provision of any service and includes all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by GizTech Auto to the customer.
1.5 “Price” shall mean the cost of the goods or services as agreed between GizTech Auto and the customer, subject to clause 4 of this contract.
1.6 “Customer-Supplied Parts” shall mean any parts, components, or materials provided by the customer, or by a third party on the customer’s behalf, for fitting or installation by GizTech Auto.
- ACCEPTANCE
2.1 Any instructions received by GizTech Auto from the customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained in this contract.
- COLLECTION AND USE OF INFORMATION
3.1 The customer authorises GizTech Auto to collect, retain and use any information about the customer for the purpose of assessing the customer’s creditworthiness, enforcing any rights under this contract, or marketing any goods and services provided by GizTech Auto.
3.2 The customer authorises GizTech Auto to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the customer is a natural person, the authorities under clauses 3.1 and 3.2 are authorities and consents for the purposes of the Privacy Act 2020.
- PRICE
4.1 Where no price is stated in writing or agreed to orally, the goods or services shall be deemed to be sold at the current price at which such goods or services are sold or provided by GizTech Auto at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of GizTech Auto, occurring between the date of the contract and delivery of the goods or provision of the services.
- PAYMENT AND VEHICLE RELEASE
5.1 Payment for goods or services shall be made in full on or before the 20th day of the month following the date of the invoice, or on delivery of the goods or completion of the services, whichever is the earlier (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part thereof.
5.3 Any expenses, disbursements and legal costs incurred by GizTech Auto in the enforcement of any rights under this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such instrument has been paid in full.
5.5 The vehicle shall not be released from the workshop, and possession shall not be returned to the customer, until payment in full for all goods and services supplied has been received by GizTech Auto, regardless of any dispute the customer may raise regarding the goods, services, or price.
5.6 Where the customer fails to collect the vehicle and pay all amounts owing within two (2) days of being notified by GizTech Auto that the work has been completed, a storage fee of NZ$20.00 per day (or part day) shall apply from the due date until the vehicle is collected and full payment is received. This storage fee is in addition to, and does not limit, any other rights GizTech Auto has under this contract, including the general lien under clause 16.
- QUOTATION
6.1 Where a quotation is given by GizTech Auto for goods or services:
6.1.1 the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
6.2 Where goods or services are required in addition to the quotation, the customer agrees to pay the additional cost of those goods or services.
- RISK
7.1 The goods remain at GizTech Auto’s risk until delivery to the customer, but once title passes to the customer pursuant to clause 9.1, the goods are at the customer’s risk and the customer shall be responsible for insurance.
7.2 Delivery of goods shall be deemed complete when GizTech Auto gives possession of the goods to the customer, or gives possession of the goods to a common carrier or other bailee for the purpose of transmission to the customer.
7.3 The time agreed for delivery shall not be an essential term of this contract unless the customer gives written notice to GizTech Auto making time of the essence.
7.4 Where GizTech Auto delivers goods or provides services to the customer by instalments and fails to deliver or supply one or more instalments, the customer shall not have the right to repudiate the contract but shall have the right to claim compensation for a severable breach.
- AGENCY
8.1 The customer authorises GizTech Auto to contract either as principal or as agent for the provision of goods or services that are the subject of this contract.
8.2 Where GizTech Auto enters into a contract of the type referred to in clause 8.1, that contract shall be read with and form part of this agreement, and the customer agrees to pay any amounts due under it.
- TITLE
9.1 It is the intention of GizTech Auto, and agreed by the customer, that property in the goods shall not pass until:
9.1.1 the customer has paid all amounts owing for the particular goods; and
9.1.2 the customer has met all other obligations owed to GizTech Auto in respect of all contracts between GizTech Auto and the customer.
9.2 Where goods are supplied by GizTech Auto to the customer without payment in full, the customer acknowledges that GizTech Auto has a security interest in those goods.
- CUSTOMER-SUPPLIED PARTS
10.1 Where the customer supplies or arranges the supply of parts for GizTech Auto to fit or install, GizTech Auto accepts no responsibility whatsoever for the quality, condition, suitability, or performance of those Customer-Supplied Parts.
10.2 GizTech Auto shall not be liable for any damage, malfunction, or failure of the vehicle or any of its components arising during or at any time after the fitting or installation of Customer-Supplied Parts, whether such damage, malfunction, or failure arises from a defect in the parts themselves, incompatibility with the vehicle, or any other cause.
10.3 No warranty is given by GizTech Auto, whether in respect of the parts or the labour associated with fitting them, in relation to any Customer-Supplied Parts. The customer accepts full responsibility and all risk associated with the use of Customer-Supplied Parts, and indemnifies GizTech Auto against any claim, loss, or damage arising from their use.
10.4 This clause does not affect the warranty given by GizTech Auto under clause 15.3 in respect of secondhand parts supplied by GizTech Auto itself.
- INSURANCE CLAIM WORK
11.1 Where goods or services are supplied in connection with a claim made by the customer under a motor vehicle insurance policy, the customer remains personally liable for payment of the applicable insurance excess to GizTech Auto.
11.2 Where the amount approved or paid by the customer’s insurer does not cover the full cost of the goods or services provided, the customer shall be liable for, and must pay, the balance owing to GizTech Auto.
11.3 Payment of the excess and any balance owing under this clause is due in accordance with clause 5 and must be made in full before the vehicle is released under clause 5.5.
- DISPUTES
12.1 No claims relating to the goods or services shall be considered unless made in writing within seven (7) days of delivery of the goods or completion of the services.
- LIABILITY
13.1 Except as otherwise provided by statute, GizTech Auto shall not be liable for any loss or damage of any kind whatsoever, whether suffered or incurred by the customer or any other person, and whether arising directly or indirectly from goods, services, or advice provided by GizTech Auto. Without limiting the generality of this clause, GizTech Auto shall not be liable for any consequential loss or damage of any kind, including without limitation any financial loss.
13.2 Except as expressly provided in this contract, GizTech Auto shall not be liable in contract, in tort, or otherwise for any loss or damage.
13.3 The customer shall indemnify GizTech Auto against all claims and losses of any kind whatsoever, however caused or arising, whether caused or arising as a result of the negligence of GizTech Auto or otherwise, brought by any person in connection with any matter, act, omission, or error by GizTech Auto, its agents, or employees in connection with the goods or services.
- CONSUMER GUARANTEES ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from GizTech Auto for the purposes of a business, in terms of sections 2 and 43 of that Act.
- WARRANTY
15.1 No representation, condition, warranty, or promise, expressed or implied by law or otherwise, applies to goods or services except where supplied pursuant to the Consumer Guarantees Act 1993 or expressly stated in this contract.
15.2 GizTech Auto does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the customer and shall not be liable if they are not.
15.3 All secondhand parts supplied by GizTech Auto (as distinct from Customer-Supplied Parts) are warranted for a period of three (3) months or 20,000 kilometres from the date of supply, whichever occurs first. This warranty covers the part only, does not cover labour to re-fit or diagnose beyond the original job, and is void if the part is misused, modified, or fitted by a third party.
- GENERAL LIEN
16.1 The customer agrees that GizTech Auto may exercise a general lien against any goods, vehicle, or property belonging to the customer that is in the possession of GizTech Auto, for all sums outstanding under this contract and any other contract between the customer and GizTech Auto.
16.2 If the amount secured by the lien is not satisfied within seven (7) days of the due date, GizTech Auto may, having given notice of the lien, at its option either:
16.2.1 remove such goods and store them in such place and manner as GizTech Auto thinks fit, at the risk and expense of the customer; or
16.2.2 sell such goods or part thereof on such terms as it thinks fit, and apply the proceeds towards discharge of the lien and the costs of sale, without being liable to any person for damage caused.
- CANCELLATION
17.1 GizTech Auto shall, without liability and without prejudice to any other right it has in law or equity, have the right to suspend or cancel, in whole or in part, any contract for the supply of goods or services to the customer if the customer fails to pay any money owing after the due date, or commits an act of bankruptcy as defined in the Insolvency Act 2006.
17.2 Any cancellation or suspension under clause 17.1 shall not affect GizTech Auto’s claim for money due at the time of cancellation or suspension, nor for damages for any breach of the terms of the contract or the customer’s obligations to GizTech Auto.
- MISCELLANEOUS
18.1 The customer shall not assign any of its rights or obligations under this contract without the written consent of GizTech Auto.
18.2 GizTech Auto shall not be liable for delay or failure to perform its obligations where the cause of the delay or failure is beyond its control.
18.3 Failure by GizTech Auto to enforce any of the terms and conditions of this contract shall not be deemed a waiver of any of GizTech Auto’s rights or obligations under this contract.
18.4 The law of New Zealand shall apply to this contract, except to the extent expressly negatived or varied by this contract.
18.5 Where the terms of this contract are at variance with any order or instruction from the customer, this contract shall prevail.
18.6 If any provision of this contract is invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
PLEASE READ BEFORE YOU PAY
By paying this invoice, the customer confirms they have read and agree to be bound by the above Terms and Conditions of Trade, including the clauses relating to Customer-Supplied Parts, Vehicle Release, Storage Fees, and Insurance Claim Work.