Interpretation
“Buyer” means the person(s), Company or other entity to whom the Seller supplies Goods.
“Seller” means Rub-A-Dub “Goods & Services” means any goods and services supplied by the Seller to the Buyer. “Related Company” has the meaning ascribed to it in the Companies Act 1993.
Contract
2.1 The supply of Goods & Services by the Seller to the Buyer shall be on these terms. Unless otherwise agreed by the Seller in writing, these terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Buyer’s terms and conditions of purchase (if any).
2.2 The Terms may include additional terms in the Seller's quotation, which are not inconsistent with the Terms.
2.3 The Seller has absolute discretion to refuse to accept any offer. An Agreement is only formed when the Seller accepts, in writing or electronic means, an offer from the Buyer or provides the Buyer with the Goods & Services.
2.4 The Buyer must provide the Seller with its specific requirements, if any, in relation to the Goods & Services.
2.5 The Seller may vary or amend these Terms at any time without written notice to the Buyer. Any variations or amendments will apply to orders placed after the date of that variation.
2.6 No representative of the Seller is authorised to make any statements unless confirmed in writing by the Seller and the Seller is not in any way bound by any such statement.
2.7 The Buyer shall be deemed to have relied on its own judgment as to the nature, quality, condition and suitability of the Goods & Services being supplied.
Wash Vouchers
Wash vouchers are valid up until and including the expiry date noted on the voucher. They are valid for products and services up to the value stated on the voucher. A wash voucher must be used in a single purchase and must be surrendered at the time of purchase. Only one wash voucher may be used by a customer per day. Wash vouchers which are damaged, lost or misplaced vouchers will not be refunded. This promotion cannot be used in conjunction with any other promotion or vouchers. Vouchers are not transferrable. The vouchers are not redeemable for cash and no refunds will be given. We reserve the right to vary our prices and the services offered.
Price Variation
4.1 The Seller reserves the right to vary any prices to take account of any causes not reasonably foreseeable by the Seller between the date of such prices being agreed to and the date of delivery of the Goods & Services.
Payment Terms
5.1 Any prices agreed to by the parties shall be in NZ Dollars, include Goods and Services Tax (“GST”) and the Buyer shall pay all GST on the Goods & Services.
5.2 The Buyer shall pay for the Goods & Services prior to the goods and services being provided.
5.3 Any other payments pursuant to these terms shall be made at the time stated, or if no time is provided, within 7 days of payment being demanded in writing by the Seller.
5.4 The Seller may exercise a lien over any motor vehicle or other goods which the Buyer has left in its care and is not required to return the motor vehicle or goods until payment is made in full.
Ownership and Risk of Vehicles left with the Seller
6.1 The Buyer confirms they are the registered owner of any vehicle they supply to the Seller in relation to the these Terms of Trade or are authorised by the registered owner to accept these Terms of Trade.
6.2 The Buyer confirms that any vehicle they leave with the Seller is protected by full vehicle insurance which protects the Seller against any loss resulting from damaged or stolen vehicles and includes insurance cover for the cost of the vehicle insured, the seller’s property and the property of any third party. The Buyer also confirms that their insurance protects the seller against loss resulting from the Seller, its employees or agent’s negligence.
6.3 Upon collection of the vehicle the Buyer is deemed to have inspected the condition of the vehicle in full and accepted its condition and the Goods & Services supplied by the Seller.
Limitation of Liability
7.1 The Seller’s liability is limited to:
(a) Replacement of the Goods & Services; or
(b) A refund of the sale price,
at the option of the Seller.
7.2 The Seller shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Buyer arising directly or indirectly from any breach of any of the Seller’s obligations.
7.3 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Goods, to the fullest extent legally permissible the Agreement excludes by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
Consumer Guarantees Act 1993
The Consumer Guarantees Act 1993 provides the Buyer with certain rights. Where any clause in this contract is inconsistent with or in breach of the Consumer Guarantees Act 1993 the terms of this contract are hereby amended so as to be consistent with the Consumer Guarantees Act 1993
