Terms and Conditions of Trade

Terms and Conditions 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 it’s not always possible to foresee 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 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, customs and foreign currency charges applied. 

Once your estimate is accepted, we will contact you to pencil in a date for vehicle delivery.  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. 

Checking into the workshop will be scheduled with our administration team. Whilst we undertake to work hard to keep to our proposed check-in dates, some of the existing projects can have unexpected additional requests which can add unforeseen time to your original check-in dates. Every client who is in the workshop is afforded time to consider updated estimates and also to request additional works as their project progresses.  This can cause unexpected delays in the scheduling.  Once your vehicle is in the workshop, these same principles will apply to you. We appreciate your understanding

Please be aware that there are other clients in the workshop and as such we cannot work on your vehicle full time, end to end on your project without prior discussion. Some of our processes require your vehicle to sit and hold either as part of a technical restoration process, paperwork, or as we progress other projects within the workshop. Whilst we undertake to work hard to keep to our discussed schedules, some of our work is unknown at the time of original and updated estimates, thus our timing can be fluid and there may be some changes in dates for your project.

Vehicle delivery

Upon delivery of the vehicle to our workshop, we will conduct, the current condition of the vehicle allows, a full test of functioning electrics 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 or mechanical issues that were pre-existing to the delivery to our workshop. 

For New Zealand registered vehicles, we recommend that you keep your vehicle’s licence and registration current, or placed on hold, whilst work is being undertaken with us.  If a vehicle has a lapsed registration, it may need to go through additional compliance steps to get back on the road.

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 from you. 

Client meetings

Due to the volume of work that is managed within The Surgery, all meetings with our team must be scheduled by appointment and we request as much notice as possible to work in with our schedules.  

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 at your cost 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 and/or invoiced for, is incorrect or does not meet your expectation, please contact our management team to discuss your concerns.  Acceptance of each invoice and the work contained within is acknowledged by its payment. If you are concerned with any details within an individual invoice, you have 14 calendar days following the due date of that invoice to raise this via email with our management team. 

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 written consent of the management team at The Surgery. 

Selected images may need to be shared with certifiers to verify work where required. In such cases we create a new gallery and copy in the selected photos to share. 

Paint Selection

All vehicles that are planned to have any paint work undertaken – either a full body repaint, exterior only, or part thereof; will need to have the existing colour documented at the disassembly phase of the project – even if a new colour is being chosen. We do this to ensure the client has the existing paint on record. This will be obtained via our paint scanning tools to identify the closest match in our PPG paint system, or as a code supplied from the Client (if known), from manufacturer plates or VIN references on the vehicle. 

Upon scanning the paint, on average, three test cards will be sprayed out at the client’s cost and documented against existing paint to ensure an accurate record of existing paint is known prior to any paint removal. 

Vehicle paint selection will require written Client approval before the final paint procedure can commence. Colour swatches, spray test cards and/or spray test panels will be used at 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 change is requested after painting has begun, we must start over the paint selection process from the beginning at the additional cost to the client.

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. Any paint additives will be added as the paint process progresses and these will be itemised on your invoices.  Clients can request we store any excess paint for future work, or take this paint away with them upon project completion. 

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. 

Project Approval Process

Upon completion of your project, The Surgery Management team and The Client will arrange a time for you to review the vehicle to confirm work has been completed to the client’s satisfaction. Any items raised on the work that has been completed that require additional attention will be agreed on in writing using numbered photographs and descriptions as reference, by both parties and addressed before the vehicle leaves the workshop. Once these agreed items have been addressed the client will review them again. For final sign off, you, the client, acknowledge that by taking the vehicle away from the workshop that you are satisfied with the work. 

Workmanship Guarantees

Our guarantees apply to the client who has paid all invoices in full and is non-transferable – valid to the owner of the vehicle at the time it was worked on. 

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.

Our guarantees generally have a no questions asked policy, however, for those vehicles who we identify that may have not undertaken regular maintenance or care on their vehicles, further investigation will be required and either part or full payment for remedial work will be requested. 

Any written warranty in addition to the below that The Surgery provides to the Customer will also form part of these terms and conditions of trade.

Our Bodywork guarantee 

applies to areas that we have worked on, e.g exposed, repaired, treated and/or protected the metal substrate of, and that the vehicle has been coated with a rust preventative product by The Surgery. 

We guarantee all the work we do to these pieces for a period of 10 years. 

To ensure the long life of your vehicle and our workmanship guarantee, we require the return of the vehicle within an 18month period to our workshop for a free 30 minute quality assessment on all the areas of body work carried out by The Surgery. 

Should you suspect there could be a corrosion issue, this must be brought to the attention of The Surgery’s management team immediately to expedite remediation.  Should any corrorision (time being of the essence), not be notified to us, due to neglect of the owner, the warranty coverage may not fully apply to the corroded area(s). 

Issues can be caused by environmental factors such as climatic conditions and where and how your vehicle is usually stored and/or used. A certain level of vehicle maintenance is required by the owner. If the issue or issues are found to be due to lack of care or maintenance on the vehicle, any remedial work on the issue or issues will be void from our guarantee.

Our Parts Warranty: 

Covers body and mechanical parts and shall be the current warranty provided by the manufacturer or supplier of the parts (new or outwork / reconditioned items) that have been purchased through The Surgery from our suppliers, on the basis that they are fitted to the vehicle by The Surgery. 

The Surgery shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Parts, unless specifically stated otherwise by The Surgery. 

Fit for purpose second hand parts are not covered by our warranty, nor any parts supplied to The Surgery by you, The Client. 

In the event an international supplier does not have a warranty for parts or refuses to honor their warranty, we have a limited recourse and cannot be liable for this outcome. 

Our Mechanical guarantee:

is for the work undertaken mechanically on your vehicle and is valid for 12 months from the date of final vehicle collection / delivery. 

The above bodywork, parts and mechanical guarantees are subject to the conditions of warranty set out below. The Surgery warrants that if any defect in any workmanship of The Surgery, or parts fitted, becomes apparent and is reported to The Surgery within the warranty timeframes specified above, then The Surgery will either (at The Surgery’s  sole discretion) replace or remedy the issue. 

The conditions applicable to the warranties are: 

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: 

(i) failure on the part of the Customer provide proper maintenance; or 

(ii) failure on the part of the Customer to follow any instructions or guidelines provided by The Surgery; or 

(iii) any use other than for any application specified; or 

(iv) any use in competitive motor sport and/or for off-road use/ unless discussed prior with The Surgery Management team; or 

(v) the continued use after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or 

(vi) fair wear and tear, any accident or act of God. 

 

(b) the warranty shall cease and The Surgery shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without The Surgery’s consent. 

(c) in respect of all claims The Surgery shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim; 

(d) warranty repairs exclude fluids, belts, gaskets, or other consumables (unless expressly covered by warranty)

(e) any warranty repairs/remediation assume the date of the original warranty. 

Environmental Stewardship

We are committed to continual improvements regarding environmental stewardship. We will dispose of any fluids in an environmentally responsible way.  The costs for this are not insignificant and the cost of this disposal will be passed on to the client in a transparent way during our regular invoicing cycles. 

Payment Terms

The Surgery operates an electronic weekly invoicing system. All work completed within the previous week that is more than a combined total of $250 plus GST will be detailed in each invoice, including the hours worked on each task, consumables and additional expenses.  This is to ensure you, The Client, have a detailed breakdown of labour and expenses. 

As in any business we expect to be paid and we request that all invoices will be paid in full within seven calendar days of the date issued. In an effort to reduce outstanding invoices, if you anticipate any challenges with your personal cash flow or paying invoices within the time allowed, please let our management team know as soon as possible. We may be able to come to some arrangement, but we can only help 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. Any invoices overdue by more than 14 calendar days will incur 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).
  4. Invoice for you the full costs of any debt collection (including legal fees on a solicitor-client basis) which you are liable for.

Invoice reminders will be sent from our billing system and a monthly statement issued at the beginning of each month for any overdue invoices to your account. 

Sourced Parts

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

Any parts order for clients with an amount over $250 plus GST procured by The Surgery will be required to be pre-paid for. We request confirmation of payment be sent to us via email to ensure prompt processing of parts orders.  Additionally, all parts procured from overseas will require payment in full before the order can be placed. Approval will be sought in principle and an invoice issued to you. Any foreign exchange fees, changes to costs since approval and invoice payments, customs fees and duties will be charged in subsequent invoices. 

Any and all parts procured internationally for Insurance work will require payment in full before any parts order can be placed. Approval will be sought for indicated prices and an invoice issued to you. Any foreign exchange fees, changes to costs since approval and invoice payments, customs fees and duties will be charged in subsequent invoices. Which are all required to be paid in full on the invoice due date. Failure to pay these invoices will result in any planned and existing work halting, until all of these invoices are paid in full. 

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.

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 the vehicle can be released. We request you to maintain your comprehensive insurance cover on the vehicles whilst it is with us for work or storage.  

If you require us to pause work on your project for any reason for more than 30 days, we may require you to move into our workshop or long term storage arrangement.  

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 monies owing to us is obtained against you.

Insurance Surcharges

We believe in the old adage “do it once, do it right“, so that we can guarantee the vehicle owners 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 from an insurance company to repair your vehicle to the “high” standard you should expect.  Should an insurer decline to cover the full cost of the repair, we will apply an hourly surcharge to all work offset at the reduced rate which will be invoiced to the owners of the vehicle to bring your vehicle to a “good” standard.

If a vehicle or component is submitted for repair under an insurance claim, and the claim is declined or payment delayed by the insurer for more than 30 days, the owner of the vehicle is liable for payment and agrees to pay for any such repairs.

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 insurance cover on the vehicle whilst it is with us for work or storage and to update your insurance provider that your vehicle is undergoing restoration work, or is with us for 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, or paused your contract with us, we will be required to complete work following this notification –  to preserve the work we have completed to date. We may also need to prepare your vehicle to be collected (e.g. 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, or moved to storage.

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.