All vehicles stored with us will be required to pay monthly in advance for the services required. Upon termination of any vehicle storage services, all outstanding invoices up to the date of the collection must be paid in full before vehicle can be released.
Photography and Videography
All media created by The Surgery will remain the rights of The Surgery for and can be used for advertising on all platforms, printed and digital.
Clients individual project galleries are private and should only be accessed by the client themselves. Links should not be shared to other business or individual without the prior written consent from the team at The Surgery.
You have the right to request a copy of the information we hold about you. We have the right to charge a reasonable fee for the provision of that information. You also have the right to request that we correct any incorrect information that we hold about you. You consent to us or our agent: (1) accessing, collecting, retaining, and using, any information about you; (a) (including any information held by the Ministry of Justice) for the purpose of assessing your creditworthiness; or (b) for the purpose of marketing products and services to you. (2) disclosing the information we hold about you, whether collected by us directly or obtained 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 in payment.
Consumer Guarantees Act
Our workshop will honour our obligations under the Consumer Guarantees Act in respect of all the work carried out. If the Customer is acquiring Works for the purposes of a trade or business, the Customer
acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply.
Limitation of Liability
You agree that our maximum liability to you is limited to the total amount you have paid to us for labour across all invoices that you have paid in full and on time during your project.
If you do not pay any invoice by the due date you agree to pay late payment interest on all amounts outstanding at a rate of 12% per annum (compounding monthly) from the due date to the date of payment in full (including after judgment).
You also agree to pay the full costs of any debt collection (including legal fees on a solicitor-client basis).
You agree that ownership of any parts supplied by us shall not pass, until (1) you have paid all amounts owing to us in full in cleared funds; and (2) you have met all other obligations you have to us.
Personal Property Securities Act 1999 (“PPSA”)
By agreeing to these terms and conditions in writing the Customer acknowledges and agrees that: (1) these terms and conditions constitute a security agreement for the purposes of the PPSA; and (2) a security interest is given in the vehicle to secure payment of all amounts payable to us.
You unconditionally agree to: (1) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may require to register a financing statement or financing change statement on the Personal Property Securities Register; and (2) indemnify, and upon demand reimburse, us for all expenses (including legal fees on a solicitor-client basis) incurred in registering a financing statement or financing change statement or releasing a financing statement on the Personal Property Securities Register; and(3) not register a financing change statement or a change demand without our prior written consent.
You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
You agree to waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
Unless we agree in writing you waive your right to receive a verification statement in accordance with section 148 of the PPSA.
Where you have left any item with us (for us to perform services in relation to that item or otherwise) and you have not paid us in full for any amount you owe to us, until full payment is received by us, we have a lien on the item and the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. Our lien shall continue despite the commencement of proceedings, or judgment for any moneys owing to us is obtained against you.
The failure by us to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our 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
We have no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach of these terms and conditions
We may license or sub-contract all or any part of its rights and obligations without your consent.
We may amend these terms and conditions at any time. If we make a change to these terms and conditions, then that change will take effect from the date on which we notify you of such change.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond the reasonable control of either party.
You warrant that unless disclosed to us in writing that you are the legal owner of the vehicle and that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, it you are not bankrupt or insolvent and that this agreement creates binding and valid legal obligations.