Terms of Trade

Terms of Trade

Acceptance

You, the Customer are taken to have exclusively accepted and be immediately bound, jointly and severally, by these terms and conditions by leaving your vehicle with us or agreeing to us doing any work.

These terms and conditions may only be amended with our consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between us.

Estimates

All information provided to you in our estimates based on the years of knowledge and experience. Every project is different and it’s not always possible to foresee its outcome. All costs outlined in the estimate may vary as the project progresses. Our team will keep you up to date with these changes as much as possible. All estimated are exclusive of GST unless indicated.

 

Invoiced items

All our work carried out will be detailed in our invoice, including hours worked on each task so that you have a detailed breakdown of how the cost and expenses are calculated. All additional work to the initial estimate will be outlined as “additional”. All expense or materials will be cleared outlined and itemised in each invoice.

 

Payment Terms

The Surgery operates a fortnightly invoice system. All work completed within those previous two weeks will be invoiced out on the last business day of each fortnight. All invoices will be due to be paid within one working week of the date issued. All payments must be made without any deduction or set off. If payment has not been made on or before the due date, The Surgery retains the right to stop all work on your project until the outstanding invoices have been cleared. Unless agreed with our team, if payment has not been made 30 days after the due date, the vehicle will be moved into storage at a rate of $250 plus GST per month from the due date of the invoice. 

 

Customer satisfaction

If at any point during the project you feel that the work being carried out and or invoiced for, is incorrect or does not meet your expectation, please contact our team to discuss your concerns. 

 

Project Communication

All clients must remain in regular communication with The Surgery’s team so that any questions, unexpected issues, ideas can be discussed, approved or disapproved. If for any reason communication with our team stops without prior agreement all work on that project will stop until satisfactory communication has resumed. Unless prearranged with our team, if there is no communication with us for a period of 30 days, all work will stop, and the vehicle will be moved into storage at a rate of $250 plus GST per month from the date of our last recorded communication. 

 

Delays

Unless discussed and prearranged with our team, any project that has seen delays in waiting for owner sourced parts or approval for further work or is otherwise delayed wholly or in part by the owner  more than 30 days then we have the right to stop work and may move the vehicle into storage at a rate of $250 plus GST per month.

 

Work after cancellation

In some circumstances where you have ended your contract with us, we will be required to complete some additional work following that cancellation to preserve the work we have completed and prepare your vehicle to be collected (eg priming bare metal areas and packaging parts for uplift). We will invoice this work immediately upon competition and it must be paid in full before your vehicle can be collected.

 

Client meetings

Due to the volume of work that is managed within The Surgery, all meetings with our team must be scheduled by appointment.

 

Sourced Parts

The Surgery is not liable for the condition or work that may be required to any non-new parts that are supplied or purchased by the client, or by The Surgery under the direct instruction of the client, or any used or reconditioned parts. 

 

Damages or Breakages

The Surgery is not liable for the damage or breakage of any parts that may be required to be disassembled or reassembled on your vehicles due to age and wear and tear. We do accept damage or breakage to any parts due to poor care or accidental damage by us while these parts are in our care.

 

Vehicle delivery

Upon delivery of the vehicle to our workshop, we will conduct a full test of all the car (including, all electrical and mechanical systems). Notes will be taken of what is working and not working and it will be logged with your project. The Surgery is not liable for any electrics, parts of mechanical issues that were pre-existing to the delivery to our workshop

 

Parts delivery and collection 

All parts that are delivered or collected from the workshop much be arranged by appointment. All parts arriving or leaving will be documented and photographed so that they can be tracked and accounted for.

 

Work location

All work discussed with the client will be carried out at our workshop unless otherwise indicated or discussed. All outsourced labour task as indicated within the estimates will be conducted onsite within our workshop. In the uncommon event, we agree to do any work offsite we may charge an offsite fee and travel and accommodations costs (including mileage) in addition to our usual charges.

 

Paint Selection

Client paint selection will require approval before final paint procedure can commence. Colour swatches and spray test cards can be used at the client cost to finalise the paint selection for approval. Once colour is approved and painting begins, the selection cannot be changed unless the customer is prepared to pay for the full costs of removing the paint, preparing the vehicle for painting and applying the new paint.

 

Workmanship Guarantees

We guarantee our workmanship for 10 years from the date of the invoice for all metalwork where we have taken the vehicle back to bare metal, repaired, treated and protected the metal down to the substrate and have applied the correct rust protection (eg cavity wax and undersealing).

We guarantee all other workmanship we have done for 90 days from the date of invoice.

For new parts that we have supplied and installed we guarantee these parts and installation for 12 months from the date of invoice.

For all other parts, we guarantee our installation only for 90 days from the date of invoice.

Our guarantee is non-transferable, only valid with the owner of the vehicle at the time it was worked on. 

Vehicle Storage

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.

 

Project Gallery

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. 

 

Privacy

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.

 

Late payment

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).

 

Title

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.

 

Lien

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.

 

General

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.