PRICES:
Prices are indicative only and Auto Transform Limited reserves the right update or change prices prior to any given notice.
COLOURS:
Reproduction of colours is as accurate as photographic processes allow, but please note colours may vary slightly from what is displayed on your monitor.
PRIVACY:
The Auto Transform Limited Privacy Policy outlines how and when personal information is collected, stored and distributed by Freedom. For full privacy information please refer to our website https://autotransform.co.nz/legal/privacy-policy/.
COPYRIGHT:
This website and its contents are the property of Auto Transform Limited and are subject to copyright. The contents of our website and the website as a whole are intended solely for the customers and potential customers of Auto Transform Limited Any use of our website and its content for purposes other than this, or any use of the trademarks displayed on the website, is prohibited without the prior written permission of Auto Transform Limited.
PRODUCTS & PRODUCTION AVAILABILITY:
Due to popularity or interruption of supply some items may be unavailable or out of stock. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologise. Some items may require self-assembly. It may be necessary to make changes to product specifications. If vehicles arrive late, we may have to reschedule to the next available production slot. We reserve the right to make these changes at any time and without notice.
Please ensure that prior to the delivery of your vehicle that your vehicle is clean in the rear and ready for installation and that anything hindering with the fitment of the product is removed prior to delivery. Any parts removed from the vehicle by us for the fit out must be collected at the time of pickup of the vehicle. All uncollected items left at our production site will be disposed of and Auto Transform accepts no liability for any loss incurred from the disposal.
CONSUMER GUARANTEES ACT (CGA):
Please note that if the goods are to be used for commercial or business purposes then you acknowledge and accept that you nor the business you are purchasing for has any claim under the Consumer Guarantees Act 1993.
ORDERING GOODS AND SERVICES AND DELIVERY:
All orders for goods or services shall be deemed to be an offer for the purchase and installation of the items and services specified in such an order which we may, in our absolute discretion, accept. Each order shall constitute an acceptance by you of these terms and conditions. Any time for delivery or completion of contract stated by us is an estimate only and whilst we will use all reasonable endeavours to deliver and complete by any requested delivery and completion date, we do not warrant that such a date will be met. In no case shall we be liable for any loss or damage resulting either directly or indirectly from a failure to deliver or complete a contract by any specific date.
PRICE AND PAYMENT AND DEFAULT INTEREST/COSTS:
The contract once specified for the services is based on rates and costs at the date of contracting or quoting (as applicable). Labour hours are estimated only and you will be charged the number of hours multiplied by the labour hour rate unless a written quote has been signed by us. Generally, we will quote prices exclusive of GST. Unless the price specifies that GST is included, we will require you to pay GST in addition to the price; Where a quotation is given by us unless otherwise agreed it shall be valid for 30 days from date of issue. We reserve the right to alter the quotation due to circumstances beyond our control. The contract price shall be payable in full on production of invoice by us. We may invoice you in instalments prior to completion of a job and require payment of a deposit or that the price be paid wholly or partly in advance. We may suspend any prearranged credit and require you to pay all outstanding amounts in full at any time. We may also elect not to sell goods or provide services to you if payment is not received in accordance with our requirements. We may require you pay us interest at 15% per month (or part month) on any amount due and unpaid. Payment of default interest is without prejudice to our other rights and remedies. If we take action to recover any amount due from you, or to otherwise protect our interests in relation to monies owed by you, you agree to pay our costs (including but not limited to debt collection agency fees and legal costs). As signatory to this contract, you the client personally guarantee payment under the contract.
RISK/TITLE/RECOVERY OF GOODS:
Risk in all goods and services passes to you on delivery. Prior to receiving payment in full from you honoured by your bank, the title in any goods and services supplied by us will remain with us even if the relevant goods have been built in or permanently attached. If you fail to pay on the due date (as outlined in the Payment section below), or if you are in breach of these terms, you hereby authorise us to enter any premises without notice to recover and sever any goods for which we hold title. You indemnify us for any losses or costs we incur or you incur in recovering such goods. If the premises are the premises of a third party, we will enter and recover the goods as your agent. We will be entitled to sell any goods held or recovered by us and apply the proceeds towards amounts owed by you if you have failed to pay any amount due under the contract for longer than three (3) months from the due date of the invoice. You agree not to revoke this clause.
SECURITY INTEREST:
You agree that, for the purposes of the personal Property Securities Act 1999 (PPSA) we have a security interest in the goods supplied and the work done from time to time by us for you (as detailed in each invoice supplied to you). You agree to sign any documents required for us to perfect our security interest under the PPSA and authorise us to sign any such documents as your attorney. Immediately upon request by us, you must procure from any person considered by us relevant to our security position, such agreements and waivers as we may at any time require, to the intent that we will have a first ranking security interest in the goods under the PPSA until all the sums owing by you to us have been paid. You waive your right to receive a copy of any verification statements(s) under the PPSA and agree that as between us and you, you will have no rights under sections 114(1)(a), 116, 117(1)(a), 119, 120(2), 121, 125, 126, 127, 129, 131, 132, 133 and 134 of the PPSA. You agree to pay all costs relating to enforcing any security interest.
MATTERS BEYOND OUR CONTROL:
While we take care in the selection of materials and suppliers, we are not responsible for any defect, failure or delay resulting from the provision of good or services by, or the acts or omissions of any third party. In addition, we are not liable for any defect, failure or delay in providing services or for any loss, damage or deterioration to any goods or materials where the same arises due to work rescheduling or to a cause beyond our reasonable control. We shall cease to have any responsibility for any goods or installation of you causing any damage to the goods. Any responsibility not disclaimed herein ceases on completion of work done by us. All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted. We are not responsible for any loss, cost or damage resulting directly or indirectly from any error, misdescription or inaccuracy in any design, specification or other information supplied by you. We are not obliged to check any design, specification or information supplied by you. Where a good is intended to form part of another good, or to operate in conjunction with another good, you are responsible for ensuring that the design or specification to be installed (whether such a design or specification is to be supplied by us or by you) is compatible with the other good.
CLAIMS:
Subject to any statutory rights and remedies that you may have in respect of any claim by you which established that the goods or services supplied were defective, the Clients rights and remedies shall be limited in accordance with all the clauses herein and shall be subject to the following conditions: (a) all claims must be received by us within seven (7) days of delivery of the goods or provision of the services (as appropriate) and where applicable, the invoice number must be quoted by you, (b) all claims must specifically identify the defect, (c) we shall be given reasonable opportunity to investigate the claims and inspect the goods and services supplied , (d) we may at our complete discretion, replace or give credit for the goods and services supplied if established to be defective, and this replacement or credit shall be deemed to fully satisfy any claim by you in respect of any such goods or services.
MISCELLANEOUS:
In these items, headings are used for convenience only and shall not affect the interpretation of any clause. These terms of trade prevail over the terms of any purchase order or any terms or contract submitted by you. To the extent of any inconsistency these terms of trade also prevail over any estimate or quote provided to you. New Zealand law governs these terms of trade. No delay or failure by us to act or insist on any right shall be regarded as a waiver and every right remains enforceable and may be exercised by us at any time. In the event of a dispute arising between the parties, such dispute shall in the first instance be referred to mediation, provided that nothing in this clause prevents Auto Transform from taking legal action to enforce payment of any debt, or to seek injunctive relief. If any provision of this agreement shall be invalid, void, illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
VARIATIONS:
All jobs quoted are based on past work experience and standard production processes. Any requirements over and above expected standard job requirements will include a variation value of $176.00 + GST per hour which includes any work on a job that is over and above what is quoted. Any variations to the contract shall be costed out and approved in writing by the client prior to being carried out.
QUOTATIONS AND PAYMENT:
The quoted prices above are valid for a period of thirty (30) days from date of quotation and are then subject to change without notice. The pricing will then be subject to confirmation at the time of ordering.
Payment can be made via Direct Credit into our bank account (details of which will be on our invoice) or by Credit or Debit Card over the phone. Credit or Debit Card payments will incur a 2.5% surcharge. If you are an account holder with Auto Transform Limited, you must pay your invoice in full by the 20th day of the following month from the date of issue of the invoice. If your company is not an account holder with Auto Transform Limited or you are doing a cash sale, you must pay your invoice in full within seven (7) days from the date of issue of the invoice. When the project is completed, the vehicle or the dispatch of any goods will only be authorised for release after payment is made in full on or before the due date as above. If you cancel an order prior to the completion of the project, your deposit and progress payments are non-refundable.
VEHICLE DELIVERY DELAYS FROM ORDER:
The agreed quoted price on a written order received is held for 90 days. If vehicle/vehicles delivery is delayed for more than 90 days from the date of the written order, this will be subject to a pricing review. These will be requoted to current pricing on the confirmed date the vehicles will be delivered to Auto Transform site for fitout. The update will be sent for confirmation and approval before vehicles are processed in production.
VEHICLE STORAGE CHARGE:
Vehicles that remain at Auto Transform Production site uncollected for longer than seven (7) days after completion and invoice date will incur a storage fee of $10.00 + GST per day.
GENERAL:
Our website may be accessed in New Zealand and throughout the world. The use of this website is governed by, construed and enforced in accordance with the laws of New Zealand.
WARRANTIES:
There is a 5-year Conditional Warranty for fit outs and parts and a 1-year Conditional Warranty for all seatbelts, electrical and hydraulic parts.
For full Legal or Warranty Information please refer to our website
https://autotransform.co.nz/legal/warranty-information/
Despite anything else contained in these terms and conditions and any proposal to which we are parties, under no circumstances will we be liable to you in contract, tort or otherwise for any consequential or indirect losses, nor for any loss of revenue or profits and our total liability to you under any claim in contract, tort or otherwise will not in any circumstances, exceed the total value of the goods and/or services from which such claim emanates