Junction Auto Services - Your Central Otago Automotive Specialists
Junction Auto Services - Your Central Otago Automotive Specialists
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Terms & Conditions

  1. Definitions
    • Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
    • Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using JAS’ website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
    • Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting JAS to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      • if there is more than one Customer, is a reference to each Customer jointly and severally; and
      • if the Customer is a partnership, it shall bind each partner jointly and severally; and
      • if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
      • includes the Customer’s executors, administrators, successors and permitted assigns.
    • JAS” means Junction Autos (2005) Limited T/A Junction Auto Services, its successors and assigns.
    • Parts” means all Parts or Services supplied by JAS to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Parts’ or ‘Services’ shall be interchangeable for the other).
    • Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Parts as agreed between JAS and the Customer in accordance with clause 6

 

  1. Acceptance
    • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts Delivery of the Parts.
    • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
    • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
    • The Customer acknowledges and accepts that:
      • the supply of Parts on credit shall not take effect until the Customer has completed a credit application with JAS and it has been approved with a credit limit established for the account;
      • in the event that the supply of Parts requested exceeds the Customer’s credit limit and/or the account exceeds the payment terms, JAS reserves the right to refuse Delivery; and
      • in the event that the Customer believes that JAS has scratched the vehicle whilst conducting the Services and/or installing the Parts, the Customers shall within twenty-four (24) hours of delivery (time being of the essence) notify JAS of any alleged defect or damage. The Customers shall afford JAS an opportunity to inspect the vehicle within a reasonable time following delivery. If the Customers fails to comply with clause (c), the vehicle shall be presumed to be free from any defect or damage.
    • In the event that the Parts and/or Services provided by JAS are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by JAS and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Authorised Representatives
    • The Customer acknowledges that JAS shall (for the duration of the Services) liaise directly with one (1) authorised representative, and that once introduced as such to JAS, that person shall have the full authority of the Customer to order any Parts, Services and/or to request any variation thereto on the Customer’s behalf. The Customer accepts that they will be solely liable to JAS for all additional costs incurred by JAS (including JAS’ profit margin) in providing any Parts, Services or variation/s requested thereto by the Customer’s duly authorised representative.

 

  1. Errors and Omissions
    • The Customer acknowledges and accepts that JAS shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      • resulting from an inadvertent mistake made by JAS in the formation and/or administration of this Contract; and/or
      • contained in/omitted from any literature (hard copy and/or electronic) supplied by JAS in respect of the Services.
    • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of JAS; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.

 

  1. Change in Control
    • The Customer shall give JAS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address and contact phone or fax number/s, change of trustees or business practice). The Customer shall be liable for any loss incurred by JAS as a result of the Customer’s failure to comply with this clause.

 

  1. Price and Payment
    • At JAS’ sole discretion the Price shall be either:
      • as indicated on any invoice provided by JAS to the Customer; or
      • the Price as at the date of Delivery of the Parts according to JAS’ current price list; or
      • JAS’ estimated Price (subject to clause 7) which shall not be deemed binding upon JAS as the actual Price can only be determined upon completion of the Services. JAS undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate;
      • JAS’ quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    • At JAS’ sole discretion a deposit may be required, the amount or percentage of which will be stipulated at the time of the Customer’s order and shall become immediately due and payable.
    • Time for payment for the Parts being of the essence, the Price will be payable by the Customer on the date/s determined by JAS, which may be:
      • on Delivery of the Parts;
      • on completion of the Services;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by JAS.
    • Payment may be made by electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Customer and JAS.
    • JAS may in its discretion allocate any payment received from the Customer towards any invoice that JAS determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer JAS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by JAS, payment will be deemed to be allocated in such manner as preserves the maximum value of JAS’ Purchase Money Security Interest (as defined in the PPSA) in the Parts.
    • The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by JAS nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to JAS an amount equal to any GST JAS must pay for any supply by JAS under this or any other contract for the sale of the Parts. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Additional Charges
    • JAS reserves the right to change the Price:
      • if a variation to the Services which are to be provided is requested; or
      • where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Services; or
      • if during the course of the Services, the Parts are not or cease to be available from JAS’ third-party suppliers or the acquired part is deemed to not be compliant to complete the repair/s, then JAS reserves the right to provide alternate/upgraded Parts subject to prior confirmation and agreement of both parties; or
      • in the event of increases to JAS in the cost of labour or Parts, or fluctuations in currency exchange rates, which are beyond JAS’ control.
    • JAS reserves the right to change the Price if a variation to JAS’ quotation is requested. Variations will be charged for on the basis of JAS’ quotation, and will be detailed in writing, and shown as variations on JAS’ invoice. The Customer shall be required to respond to any variation submitted by JAS within ten (10) working days. Failure to do so will entitle JAS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
    • Where JAS is requested to store the Customer’s Parts or vehicle, or where Parts or vehicles are not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then JAS (at its sole discretion) may charge a reasonable fee for storage.
    • For roadside/onsite assistance, a minimum call-out fee shall be applicable, which shall be increased for any after-hours call-outs.
    • All tow and/or salvage fees will be charged to the Customer, and will be added to the Price.
    • If JAS has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
    • The Customer acknowledges and agrees that JAS shall be entitled to:
      • retain any components replaced during the provision of the Services; and
      • the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.

 

  1. Provision of the Services
    • At JAS’ sole discretion delivery of the Services shall take place when:
      • JAS provides the Services at JAS’ address; or
      • JAS provides the Services at the Customer’s nominated address.
    • Any time or date given by JAS to the Customer is an estimate only. The Customer must still accept delivery of the Parts even if late and JAS will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
    • Where JAS is to provide any Services at the Customer’s nominated address then the Customer shall be liable for all costs incurred by JAS from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at JASs standard rates and any Parts purchased for the Services).
    • The Customer shall ensure that JAS has clear and free access to the vehicle and/or site where the vehicle is located at all times to enable them to undertake the Services. JAS shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of JAS.

 

  1. Risk
    • Risk of damage to or loss of the Parts passes to the Customer on Delivery and the Customer must insure the Parts on or before Delivery.
    • If any of the Parts are damaged or destroyed following Delivery but prior to ownership passing to the Customer, JAS is entitled to receive all insurance proceeds payable for the Parts. The production of these terms and conditions by JAS is sufficient evidence of JAS’ rights to receive the insurance proceeds without the need for any person dealing with JAS to make further enquiries.
    • If the Customer requests JAS to leave Parts outside JAS’ premises for collection or to deliver the Parts to an unattended location then such Parts shall be left at the Customer’s sole risk.
    • The Customer acknowledges that JAS is only responsible for Parts that are replaced by JAS, and that in the event that other components subsequently fail, the Customer agrees to indemnify JAS against any loss or damage to the Parts or the Customer’s machine, or caused by the components, or any part thereof howsoever arising.
    • JAS shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Services (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of JAS, or JAS’ employees.
    • It is the Customer’s responsibility to ensure that the Customer’s machine is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at JAS’ premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
    • The Customer acknowledges and accepts that:
      • where JAS has performed temporary repairs on the vehicle that:
        • JAS offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
        • JAS will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.
      • JAS is only responsible for Goods that are replaced by JAS and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify JAS against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising; and
      • in the event the Customer requests JAS to work on a vehicle, and leaves the vehicle and/or the keys at JAS’s premises whilst the site is unattended, then JAS shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting.
    • JAS shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Services (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of JAS, or JAS’s employees.
    • JAS will accept no responsibility for valuables or other items left in the Customer’s vehicle. It is the Customer’s responsibility to remove any valuables from the Customer’s vehicle prior to servicing/repair.
    • It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at JAS’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.

 

  1. Testing of vehicles
    • JAS or its employees may test drive or carry out tests on the vehicle at JAS’s discretion. JAS will not be liable for (and the Customer indemnifies JAS against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of JAS or its employees.

 

  1. Compliance with Laws
    • The Customer and JAS shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works, including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services.

 

  1. Title
    • JAS and the Customer agree that ownership of the Parts shall not pass until:
      • the Customer has paid JAS all amounts owing to JAS; and
      • the Customer has met all of its other obligations to JAS.
    • Receipt by JAS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that until ownership of the Parts passes to the Customer in accordance with clause 1:
      • the Customer is only a bailee of the Parts and must return the Parts to JAS on request;
      • the Customer holds the benefit of the Customer’s insurance of the Parts on trust for JAS and must pay to JAS the proceeds of any insurance in the event of the Parts being lost, damaged or destroyed;
      • the Customer must not sell, dispose, or otherwise part with possession of the Parts other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Parts then the Customer must hold the proceeds of any such act on trust for JAS and must pay or deliver the proceeds to JAS on demand;
      • the Customer should not convert or process the Parts or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of JAS and must sell, dispose of or return the resulting product to JAS as it so directs;
      • the Customer irrevocably authorises JAS to enter any premises where JAS believes the Parts are kept and recover possession of the Parts;
      • JAS may recover possession of any Parts in transit whether or not Delivery has occurred;
      • the Customer shall not charge or grant an encumbrance over the Parts nor grant nor otherwise give away any interest in the Parts while they remain the property of JAS; and
      • JAS may commence proceedings to recover the Price of the Parts sold notwithstanding that ownership of the Parts has not passed to the Customer.

 

  1. Personal Property Securities Act 1999 (“PPSA”)
    • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
      • these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      • a security interest is taken in all Parts that have previously been supplied and that will be supplied in the future by JAS to the Customer, and the proceeds from such Parts as listed by JAS to the Customer in invoices rendered from time to time.
    • The Customer undertakes to:
      • sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which JAS may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      • indemnify, and upon demand reimburse, JAS for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Parts charged thereby;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Parts or the proceeds of such Parts in favour of a third party without the prior written consent of JAS; and
      • immediately advise JAS of any material change in its business practices of selling the Parts which would result in a change in the nature of proceeds derived from such sales.
    • JAS and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
    • The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
    • Unless otherwise agreed to in writing by JAS, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
    • The Customer shall unconditionally ratify any actions taken by JAS under clauses 1 to 13.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of JAS agreeing to supply the Parts, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a security interest in all of its present and after-acquired property, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.
    • The Customer indemnifies JAS from and against all JAS’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising JAS’ rights under this clause.
    • The Customer irrevocably appoints JAS and each director of JAS as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

 

  1. Defects
    • The Customer shall inspect the Parts on Delivery and shall within five (5) days of Delivery (time being of the essence) notify JAS of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford JAS an opportunity to inspect the Parts within a reasonable time following Delivery if the Customer believes the Parts are defective in any way. If the Customer shall fail to comply with these provisions the Parts shall be presumed to be free from any defect or damage. For defective Parts, which JAS has agreed in writing that the Customer is entitled to reject, JAS’ liability is limited to either (at JAS’ discretion) replacing the Parts or repairing the Parts.
    • Parts will not be accepted for return other than in accordance with 1 above.

 

  1. Warranty
    • Subject to the conditions of warranty set out in clause 2 JAS warrants that if any defect in any:
      • workmanship of JAS becomes apparent and is reported to JAS within the earlier of one (1) month of the date of delivery or 5,000 kilometres (time being of the essence) then JAS will either (at JAS’ sole discretion) replace or remedy the workmanship; or
      • Parts manufactured by JAS becomes apparent and is reported to JAS within twelve (12) months of the date of Delivery (time being of the essence) then JAS will either (at JAS’ sole discretion) replace or remedy the defect.
    • The conditions applicable to the warranty given by clause 1(b) are:
      • the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
        • failure on the part of the Customer to properly maintain any Parts or serviced item; or
        • failure on the part of the Customer to follow any instructions or guidelines provided by JAS; or
        • any use of any Parts or serviced item otherwise than for any application specified on a quote or order form; or
        • the continued use of any Parts or serviced item after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
        • fair wear and tear, any accident or act of God.
      • the warranty shall cease and JAS shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered or overhauled without JAS’ consent.
      • in respect of all claims JAS shall not be liable to compensate the Customer for any delay in either replacing or remedying the defective Parts or Services or in properly assessing the Customer’s claim.
    • For Parts not manufactured by JAS, the warranty shall be the current warranty provided by the manufacturer of the Parts. JAS shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Parts.

 

  1. Consumer Guarantees Act 1993
    • If the Customer is acquiring Parts for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Parts by JAS to the Customer.

 

  1. Intellectual Property
    • Where JAS has designed, drawn or developed Parts for the Customer, then the copyright in any designs and drawings and documents shall remain the property of JAS. Under no circumstances may such designs, drawings and documents be used without the express written approval of JAS.
    • The Customer warrants that all designs, specifications or instructions given to JAS will not cause JAS to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify JAS against any action taken by a third party against JAS in respect of any such infringement.
    • The Customer agrees that JAS may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Parts which JAS has created for the Customer.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at JAS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes JAS any money the Customer shall indemnify JAS from and against all costs and disbursements incurred by JAS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, JAS’ collection agency costs, and bank dishonour fees).
    • Further to any other rights or remedies JAS may have under this Contract, if a Customer has made payment to JAS, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by JAS under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.
    • Without prejudice to JAS’ other remedies at law JAS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to JAS shall, whether or not due for payment, become immediately payable if:
      • any money payable to JAS becomes overdue, or in JAS’ opinion the Customer will be unable to make a payment when it falls due;
      • the Customer has exceeded any applicable credit limit provided by JAS;
      • the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

  1. Cancellation
    • Without prejudice to any other remedies JAS may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions JAS may suspend or terminate the supply of Parts to the Customer. JAS will not be liable to the Customer for any loss or damage the Customer suffers because JAS has exercised its rights under this clause.
    • JAS may cancel any contract to which these terms and conditions apply or cancel Delivery of Parts at any time before the Parts are delivered by giving written notice to the Customer. On giving such notice JAS shall repay to the Customer any money paid by the Customer for the Parts. JAS shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Customer cancels Delivery of Parts the Customer shall be liable for any and all loss incurred (whether direct or indirect) by JAS as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for Parts made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

  1. Privacy Policy
    • All emails, documents, images or other recorded information held or used by JAS is “Personal Information” as defined and referred to in clause 3 and therefore considered confidential. JAS acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. JAS acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by JAS that may result in serious harm to the Customer, JAS will notify the Customer in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to JAS in respect of Cookies where the Customer utilises JAS’ website to make enquiries. JAS agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to JAS when JAS sends an email to the Customer, so JAS may collect and review that information (“collectively Personal Information”)

If the Customer consents to JAS’ use of Cookies on JAS’ website and later wishes to withdraw that consent, the Customer may manage and control JAS’ privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

  • The Customer authorises JAS or JAS’ agent to:
    • access, collect, retain and use any information about the Customer;
      • including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Customer’s creditworthiness; or
      • for the purpose of marketing products and services to the Customer.
    • disclose information about the Customer, whether collected by JAS from the Customer directly or obtained by JAS from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
  • Where the Customer is an individual the authorities under clause 3 are authorities or consents for the purposes of the Privacy Act 2020.
  • The Customer shall have the right to request (by e-mail) from JAS, a copy of the Personal Information about the Customer retained by JAS and the right to request that JAS correct any incorrect Personal Information.
  • JAS will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
  • The Customer can make a privacy complaint by contacting JAS via e-mail. JAS will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

 

  1. Service of Notices
    • Any written notice given under this Contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this Contract;
      • by sending it by registered post to the address of the other party as stated in this Contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

  1. Trusts
    • If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not JAS may have notice of the Trust, the Customer covenants with JAS as follows:
      • the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
      • the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      • the Customer will not without consent in writing of JAS (JAS will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
        • the removal, replacement or retirement of the Customer as trustee of the Trust;
        • any alteration to or variation of the terms of the Trust;
        • any advancement or distribution of capital of the Trust; or
        • any resettlement of the trust property.

 

  1. General
    • Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Alexandra Courts of New Zealand.
    • Subject to the CGA, JAS shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by JAS of these terms and conditions (alternatively JAS’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Parts).
    • JAS may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
    • The Customer cannot licence or assign without the written approval of JAS.
    • JAS may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of JAS’ sub-contractors without the authority of JAS.
    • The Customer agrees that JAS may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for JAS to provide Parts to the Customer.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to JAS.
    • Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.