Terms of Trade

Terms of Trade

Acceptance

Upon receipt of your email acceptance to the V1 estimate, and any updated variation(s) thereof, and upon the vehicle delivery to The Surgery, you, The Client are taken to have exclusively accepted and be immediately bound, jointly and severally, by these terms and conditions.

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, that you are not bankrupt or insolvent and that this agreement creates binding and valid legal obligations.

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 is based on the years of knowledge and experience. Every project is different and its not always possible to forsee its outcome. In our experience it can be challenging to see everything behind the paint, or indeed, hiding within a panel, we do our very best to highlight potential grey areas, thus, all costs outlined in the estimate may vary as the project progresses. Our team will keep you up to date with any changes or additional work as much as possible.  You, The Client, may wish to allocate a level of financial contingency that you feel comfortable with for your project.  

Our hourly rate is based on our workshop and office overheads and the cost of workshop materials used and to ensure we have skilled staff working on your vehicle.    All estimates are exclusive of GST, unless indicated, and any items purchased may have shipping and foreign currency charges applied. 

Once your estimate is accepted, we will contact you to pencil in a date for vehicle delivery and propose an estimate for completion of your project.  We ask you, The Client, advise us, The Surgery, in writing at your earliest awareness of any timelines or budget constraints that you have or are working towards. Whilst we undertake to work hard to keep to our proposed project schedules, some of our work is unknown at the time of original estimate, thus our timing can be fluid and there may be some changes in dates originally proposed for your project.  We appreciate your understanding.   

Vehicle delivery

Upon delivery of the vehicle to our workshop, we will conduct a full test of all the electrics and function and mechanics at your cost. Notes will be taken of what does and does not work and it will be logged with your project and communicated with you. The Surgery is not liable for any electrics, parts of mechanical issues that were pre-existing to the delivery to our workshop.

Insurance Surcharges

We believe in the old adage “do it once, do it right“, so we guarantee you that all rust repairs and paintwork carried out on your car by us will remain in first class condition for a period of 10 years. If not, we guarantee to put it right at our cost. In some cases we do not receive the full funds we requested to the insurance company to repair your vehicle to the “high” standard you should expect.  Should your insurer decline to cover the full cost of your repair, we will apply an hourly surcharge to offset the reduced rate the Insurance Companies provide to us to bring your vehicle to a ‘good’ standard.

Project Communication

All clients must remain in regular communication with The Surgery’s team so that any questions, unexpected issues and/or ideas can be discussed, approved or declined. If for any reason communication with our team stops without warning, all work on that project will stop until satisfactory communication has resumed. Unless prearranged with our team, if there is a void of communication with us for a period of more than 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. 

Client meetings

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

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.

Parts delivery and collection

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

Client satisfaction

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

Photography and Videography

Any and all media created by The Surgery will remain the rights of The Surgery and can be used by us for the purpose of advertising on all platforms, printed and digital.

Project Gallery

You will be issued with a private online project gallery of your vehicle’s project.  This provides a photographic reference of all parts and work undertaken on your vehicle.  We request these galleries are private and should only be accessed by The Client themselves. Links should not be shared to other businesses or individuals without prior consent of the team at The Surgery. 

Paint Selection

Vehicle paint selection will require Client approval before the final paint procedure can commence. Colour swatches and spray test cards will be used at The clients cost to finalise the paint selection for approval.  Where more than one colour is to be applied, a photoshop colour map will be provided to The Client at their cost, to be approved. Once colour, and a colour-map if applicable, is approved and painting begins, the selection can not be changed.

If a custom paint colour is ordered for your vehicle, the full amount of pre-mixed paint will be charged to The Clients account upon mixing of the paint.  Clients can request we store this paint for future work, or take this paint away with them. 

Consumer Guarantees Act

Our workshop will honour our obligations under the Consumer Guarantees Act in respect of all the work carried out. If The Client is acquiring Works for the purposes of a trade or business, The Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply.

Workmanship Guarantees

Our guarantee applies only to areas we have worked on that have been repaired, treated and/or protected down to the metal substrate, and that has had the correct rust prevention coatings applied such as cavity wax and underseal.  We guarantee all the work we do to these pieces for a period of 10 years. Our guarantee is non-transferable – only valid to the owner of the vehicle at the time it was worked on. 

Our guarantee applies only to clients who have paid all invoices in full.

We operate a “back-to-base” guarantee, which means that the client will cover the cost of returning the vehicle to our workshop for any reason.

Payment Terms

The Surgery operates an electronic weekly invoicing system. All work completed within the previous week will be detailed in each invoice including the hours worked on each task.  This is to ensure you, The Client, have a detailed breakdown of how the cost and expenses are calculated. 

Any additional work to the initial estimate will be outlined as “additional” or with a “V#” associated with it for your reference.  All expenses and/or materials used on your vehicle will be outlined and itemised in each invoice. “Materials used” is defined as product that leaves the workshop on your vehicle, which is separate from workshop costs. 

As in any business we expect to be paid and we request that all invoices will be paid in full within one working week of the date issued. If you have problems paying the bill within the time allowed, we may be able to come to some arrangement, but only if you ask.   If payment has not been made on or before the due date, The Surgery retains the right to;

  1. stop all work on your project until the outstanding invoices have been cleared. 
  2. move the vehicle into storage at a rate of $250 plus gst per month from the due date of the invoice. 
  3. charge a late payment interest fee 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).

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.

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.

Sourced Parts

The Surgery is not liable for the condition or work that may be required to any parts that are purchased by The Client or The Surgery under direct instruction of The Client, used or recondition parts for your project.

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.

Damages or Breakages

The Surgery is not liable for the damage or breakage of any parts that may be required to be dissablembed 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 while these parts are in our care.  We request you to maintain your comprehensive insurance cover on the vehicles whilst it is with us for work or storage.

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.

Work location

All work discussed with The Client will be carried out at our workshop, unless otherwise indicated or discussed. All outsourced labour tasks as indicated within the estimates, that can be conducted onsite, will be conducted onsite within our workshop.

Work upon ‘hold’ or after cancellation

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

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.

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. 

Our guarantee applies only to clients who have paid all invoices in full. 

Personal Property Securities Act 1999 (“PPSA”)

By agreeing to these terms and conditions via an acceptance of the initial estimate via email channels,  The client 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.