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Terms and conditions

 

A word about this website. We have tried to make this information as comprehensive and factual as possible. However, some of the information you’ll find here may have been updated. Also, some of the equipment shown or described through this website may have been changed and / or is available at extra cost. Further, CAL>Isuzu Ltd, reserves the right to make changes at any time without notice, in prices, colours, materials, equipment and models. Your CAL>Isuzu salesperson has details, and before ordering, you should ask them to bring you up to date.

No CAL>Isuzu salesperson or other person is authorised or permitted to give or make any statement, assertion or undertaking in relation to the quality, performance characteristics, descriptions or fitness for any purpose of any Isuzu product which is at variance with any written statement, assertion or undertaking on any of these subjects given or made by CAL>Isuzu Ltd in its published sales literature, and CAL>Isuzu Ltd does not accept any liability for any such unauthorised action.

Express warranties offered for Isuzu products are subject to the conditions set out in all vehicle handbooks. Details also available from CAL>Isuzu Ltd on request.

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TERMS & CONDITIONS OF VEHICLE SALE

1. Agreement

1.1 By offering or agreeing to acquire a Vehicle from CAL, the Customer agrees to the terms and conditions of this Agreement.

2. DEFINITIONS

2.1 In the Agreement and any attachments to it, the following words, shall, unless the context otherwise requires, have the following meanings:

“Agreement” means these terms and conditions together with any written agreement made between CAL and the Customer pursuant to which CAL agrees to supply a Vehicle to the Customer, including, without limitation:

  • (i) a written agreement which CAL has entered into on behalf of an Owner with the Customer in respect of the sale of the Owner’s Vehicle to the Customer.
  • (ii) a valid Quotation which has been accepted by the Customer;
  • (iii) a valid Customer’s Offer to Purchase which has been accepted by CAL: or
  • (iv) a Customer’s Purchase Order which has been accepted by CAL.

“Body Building Services” means the vehicle and truck body building work carried out by CAL, CAL’s Preferred Suppliers or other contractors.

“Business Day” means a day other than Saturday or Sunday on which registered banks are open for business in Hamilton.

“CAL” means Commercial Autos (2008) Limited trading as CAL>Isuzu.

“Customer” means the purchaser of the Vehicle from CAL.

“Delivery” means the date on which the Vehicle is deemed to be delivered to the Customer pursuant to clause 8.3 and “Delivered” has a corresponding meaning.

“Deposit” means the deposit specified (if any) in the Agreement to be paid by the Customer to CAL.

“Intellectual Property” means all quotes, designs, plans, drawings, documents, data, ideas, calculations, and other material supplied by CAL.

“Invoice” means the tax invoice issued by CAL for the Vehicle.

“Offer to Purchase” means a written request by a Customer to CAL for the supply by CAL of a Vehicle to that Customer in accordance with these terms and conditions, that has been signed by an authorised signatory of the Customer. The Offer to Purchase shall be in CAL’s standard form, or as otherwise determined by CAL from time to time.

“Owner” means the owner of the Vehicle where CAL is selling the Vehicle on behalf of the owner.

“PPSA” means the Personal Property Securities Act 1999 and the terms used in the Agreement have the meaning given to them in that Act.

“PPSR” means the Personal Property Securities Register.

“Preferred Supplier” means a contractor which supplies services and associated goods that has been accepted and approved by CAL, in CAL’s sole and absolute discretion, which CAL may engage to provide services and goods to CAL from time to time.

“Price” means either:

(i) the total agreed price of the Vehicle that is specified in the Agreement and includes all disbursements and on road costs that are specified in the Agreement; or

(ii) where no price is specified in the Agreement, the price shall be determined in accordance with clause 5.1.

“Purchase Order” means a request by the Customer to CAL for the supply by CAL of a Vehicle or Vehicles to that Customer in accordance with these terms and conditions, and which must include as a minimum, the name of the Customer and the Vehicle details. The Purchase Order shall be in CAL’s standard form, or as otherwise determined by CAL from time to time.

“Quotation” means a written quote issued by CAL to the Customer that sets out the Price and specifications for the Vehicle.

“Services” means the Body Building Services and any other work specified in the Agreement carried out or to be carried out by CAL, CAL’s Preferred Supplier or other contractor.

“Trade In” means the vehicle (if any) that is specified in the Agreement or any other document approved by CAL, pursuant to which the Customer has agreed to sell to CAL and CAL has agreed to purchase from the Customer.

“Trade In Value” means the value of the Trade In as agreed between the parties.

“Vehicle” means the vehicle or vehicles together with any Vehicle, parts, accessories, and any other goods, and Services that are specified in the Agreement.

2.2 Unless the context requires otherwise, the terms used in these terms and conditions but without definition herein, have the meaning specified elsewhere in the Agreement.

3. ACCEPTANCE

3.1 CAL’s acceptance of an Offer to Purchase or a Purchase Order (in whole or in part), and the supply by CAL of the Vehicle, is subject at all times to CAL’s sole and absolute discretion.
3.2 CAL will only be legally bound:

  • 3.2.1 in the case of the Agreement, when the Agreement (except a Quotation, an Offer to Purchase, or a Purchase Order) has been signed by CAL and an authorised signatory of the Customer;
  • 3.2.2 in the case of a Quotation, when the Customer accepts a valid Quotation by the Customer signing the Quotation and providing the signed Quotation to CAL;
  • 3.2.3 in the case of an Offer to Purchase, when CAL accepts a valid Offer to Purchase by CAL either signing the Offer to Purchase or giving notice to the Customer that CAL accepts the Offer to Purchase; or
  • 3.2.4 in the case of a Purchase Order, when CAL accepts a Purchase Order by CAL either signing the Purchase Order, or giving notice to the Customer that CAL accepts the Purchase Order.

3.3 The Customer acknowledges that CAL’s agreement to supply the Vehicle, does not guarantee the availability and supply of the Vehicle and CAL may, in its sole and absolute discretion, refuse to supply the Customer with the Vehicle without giving reasons for such refusal and cancel the Agreement by notifying the Customer accordingly. CAL shall not be liable to the Customer for any loss howsoever arising for refusing to supply the Vehicle or cancelling the Agreement.

3.4 If the Customer does not pay the Price when due, CAL may cancel the Agreement and retain the Deposit in addition to any other rights CAL may have.

4. SALE OF VEHICLE BY CAL AS AGENT FOR OWNER

4.1 Subject to clauses 10 and 11, where CAL is selling a Vehicle as agent for the Owner as indicated in the Agreement:

  • 4.1.1 the Customer acknowledges that CAL is selling the Vehicle as agent for the Owner;
  • 4.1.2 CAL warrants that at the time of sale it is authorised to sell the Vehicle on behalf of the Owner;
  • 4.1.3 CAL is not liable as principal to the Customer; and
  • 4.1.4 In the case of any dispute:

(i)any remedy of the Customer shall be against the Owner only and under no circumstances (including an action for breach of any fundamental obligation) shall any remedy lie against CAL or any of its agents, contractors or employees; and

(ii)CAL may, in its sole and absolute discretion, disclose the name and address of the Owner to the Customer but is not otherwise obliged to do so.

5. PRICING

5.1 Unless otherwise specified, the Price does not include costs of delivery, transportation and insurance and any applicable taxes, such as goods and services tax which shall be payable by the Customer in addition to the Price.

5.2 Where no Price for all or part of the Vehicle is stated in the Agreement, the price for the Vehicle will be calculated in accordance with CAL’s current prices as at the date of the Agreement.

5.3 A Quotation and an Offer to Purchase which has been prepared by CAL is valid from the date it is issued by CAL, to and including the last calendar day of the month in which the Quotation or Offer to Purchase is issued.

5.4 For the avoidance of doubt, the Price specified by CAL on the Quotation or in an Offer to Purchase does not include the costs of delivery, transportation and insurance, and is exclusive of goods and services tax, unless otherwise stated.

5.5 Before the Quotation is accepted and signed by the Customer, CAL reserves the right to:

  • 5.5.1 modify, amend or retract all or any part of a Quotation for any reason whatsoever; or
  • 5.5.2 change the Price or any other matters in the Quotation, if a variation is requested by the Customer.

5.6 If after the date of the Agreement (for the avoidance of doubt, including a Quotation which is accepted by the Customer), , the Customer then requests CAL to supply Services, parts, accessories or other goods in addition to those specified in the Agreement (Additional Items), CAL may determine, in its sole and absolute discretion, whether or not to agree to supply those Additional Items. If CAL agrees to supply Additional Items, the Customer agrees to pay the price of the Additional Items which shall be calculated in accordance with the rates or prices for those Additional Items specified in the Agreement, or if no such rates and prices are specified, then calculated in accordance with CAL’s rates and prices, as at the date CAL agrees to supply those Additional Items to the Customer.

6. PAYMENT

6.1 The Customer must pay the Deposit (if any) to CAL on the date on which the Purchaser and CAL enter into the Agreement. The Deposit is in part payment of the Price. If the Deposit (if any) is not paid within 5 Business Days of the date of the Agreement, CAL may terminate the Agreement by providing notice in writing to the Customer.

6.2 The Customer must pay the full balance of the Price owing (including any variations to the Price as agreed in writing between the parties) to CAL on or before, the earlier of either:

6.2.1 the date which is 30 or 60 days (whichever number of days is specified in the Agreement after the start date of the Body Building Services (if any) as notified by CAL to the Customer; or

6.2.2 the date on which the Vehicle is Delivered.

6.3 Unless otherwise agreed, the Customer shall pay any GST on and any costs of delivery, transportation and insurance in addition to the Price, on the same date the Price is payable by the Customer.

6.4 CAL may set off any actual amount owing by CAL to the Customer against the Price.

6.5 The Customer must make all payments under the Agreement to CAL in cleared funds and without set-off, counterclaim or any deductions.

7. TRADE IN

7.1 Subject to clause 7.2, where a Trade In is accepted by CAL, CAL shall accept the Trade In Value in part payment of the Price and will register the transfer of ownership of the Trade In to CAL at CAL’s cost. Subject to clause 7.4, the Customer must pay the Price less the Trade In Value in accordance with clause 6.2.

7.2 Without limiting CAL’s rights and remedies in clause 7.4, CAL’s acceptance of a Trade In is conditional on:

  • 7.2.1 CAL obtaining unencumbered title to it at the time of its delivery to CAL; and
  • 7.2.2 the Trade In being delivered to CAL before the Delivery of the Vehicle in at least the same or better condition as when inspected by CAL and carrying a certificate of fitness issued not more than 7 days prior to the date of delivery to CAL.

7.3 The Customer represents and warrants to CAL that at the date of the Agreement and again on the date that CAL takes possession of the Trade In, that:

  • 7.3.1 the Customer is the sole legal and beneficial owner of the Trade In;
  • 7.3.2 the details of the Trade In set out in the Agreement are complete, accurate, true and correct in all respects;
  • 7.3.3 the Trade In is not liable to be seized or forfeited to any person and that all monies owed against the Trade In and that all security interests (as defined by the PPSA, whether registered or unregistered) in the Trade In have been disclosed in writing to CAL; and
  • 7.3.4 The Customer has disclosed to CAL all information concerning the Trade In including without limitation, ownership records, details of any mechanical fault, details of any accidents or damage to the Trade In notwithstanding the repair or replacement of any damaged part, any chassis repair or whether the Trade In has ever been an insurance write off.

7.4 If the Customer fails to deliver the Trade In to CAL before the Delivery of the Vehicle, or if CAL, in its sole and absolute discretion, considers that the any of the warranties in clause 7.3 have or may be breached by the Customer on or before CAL takes delivery of the Trade In, the Customer must still complete the purchase of the Vehicle in accordance with the Agreement except that CAL may, in its sole and absolute discretion, require that the Purchaser must either:

  • (i)pay CAL the full Price of the Vehicle to be purchased on the basis that CAL does not and shall not accept the Trade In; or
  • (ii)adjust the Trade In Value to compensate for any loss or damage suffered or likely to be suffered as a result of a breach of any of the warranties including, without limitation, reducing the Trade In Value by an amount equal to the amount to discharge any security interest over the Trade In, and the Customer pay the balance of the Purchase Price.

7.5 The Customer acknowledges that the Trade In has been made freely and has not been demanded by CAL as a condition of the sale.

7.6 Title to and risk in the Trade In shall pass to CAL when CAL accepts delivery of the Trade In.

8. DELIVERY & RISK

8.1 CAL shall use its reasonable endeavours to deliver the vehicle on or around any delivery date requested by the Customer and/or specified in the Agreement, where practicable, but delivery of the Vehicle by any delivery date is not be deemed to be of the essence and is not a condition of sale.

8.2 The Customer shall not be entitled to take delivery of the Vehicle until the Customer has paid the Price in full, unless CAL agrees that the Customer may take delivery before payment of the Price.

8.3 The Vehicle shall be deemed to be delivered to the Customer on the date on which CAL notifies the Customer that the Vehicle is available for the Customer, or the Customer’s contractors, employees or agents, to collect from CAL’s or CAL’s contractor’s premises, except that where CAL has agreed to arrange transportation of the Vehicle to the Customer, the Vehicle shall be deemed to be delivered to the Customer upon either the loading of the Vehicle onto the first carrier at CAL’s or CAL’s contractor’s premises, or the Vehicle being driven by CAL or any of its employees, agents or contractors out of CAL’s or CAL’s contractor’s premises (whichever is applicable), for transportation to the Customer.

8.4 Risk in the Vehicle will pass to the Customer when the Vehicle is Delivered to the Customer. The Customer must ensure that there is a valid insurance policy in place for the Vehicle to take effect on or before Delivery.

8.5 If CAL does not receive full payment of the Price prior to Delivery then CAL may suspend the delivery of the Vehicle until CAL has received the outstanding amount in full. CAL will notify the Customer in the event CAL suspends the delivery of the Vehicle.

8.6 If the Customer refuses or fails to take or accept delivery of the Vehicle, or indicates to CAL that the Customer will refuse or fail to do so, then CAL may charge the Customer a reasonable fee for storage.

8.7 CAL shall not be liable for any losses suffered by the Customer (whether direct or indirect) as a result of non-delivery or delayed delivery of the Vehicle by CAL.

8.8 On Delivery of the Vehicle the Customer will be required to sign a handover form prepared by CAL confirming that the Customer has either accepted delivery of the Vehicle, or has inspected the Vehicle and that it complies with the specification details included in the Agreement. This must be signed by an authorised agent of the Customer.

9. CANCELLATION

9.1 The Customer cannot cancel the Agreement except that if the Customer makes a request to CAL to cancel the Agreement, CAL may, in its sole and absolute discretion, decide whether to accept or reject the Customer’s cancellation request. If CAL accepts the Customer’s cancellation request (Acceptance), the Customer must pay CAL’s reasonable processing fee for acceptance and cancellation, in addition to the Customer’s obligations under clause 9.3.

9.2 CAL may cancel the Agreement at any time by giving the Customer notice which shall take effect upon CAl’s service of the cancellation notice to the Purchaser.

9.3 Upon cancellation under this clause 9:

  • 9.3.1 The Customer shall pay to CAL an amount equivalent to the total of any internal and/or external costs, expenses and disbursements incurred by CAL in connection with the performance of its obligations under the Agreement up to, and including, the date on which cancellation takes effect;
  • 9.3.2 CAL may, in its sole and absolute discretion, retain and not refund any Deposit it has received and use it for any purpose including, without limitation, applying it towards payment of the amount referred to in clause 9.3.1 of ; and
  • 9.3.3 CAL shall return any Trade In to the Customer. If CAL has sold or disposed of the Trade In then CAL shall pay the Customer the Trade In Value in lieu of returning the Trade In to the Customer.

9.4 Cancellation of the Agreement will not affect such rights and obligations of the parties as are intended to survive the cancellation and will not be deemed a waiver.

10. WARRANTIES

10.1 If the Customer acquires the Vehicle for the purposes of a business, then to the fullest extent permitted by law CAL and the Customer agree that the provisions of the Consumer Guarantees Act 1993 (CGA) and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (FTA) do not apply and are excluded and that such exclusion is fair and reasonable. Otherwise, if the Vehicle does constitute goods and services to which the CGA and aforementioned sections of the FTA apply and the Customer is not acquiring the Vehicle for business purposes, then to the extent they cannot be contracted out of, the Agreement is read subject to the CGA and the FTA. Where the Vehicle is not of a kind ordinarily acquired by consumers for personal, domestic or household use, the Motor Vehicle Sales Act 2003 shall not apply.

10.2 Subject to clause 10.1, to the maximum extent permitted by law, all conditions, representations, warranties and guarantees, whether express or implied, by statute or otherwise, in relation to the Vehicle (for the avoidance of doubt, including but not limited to the Services) are expressly excluded. It is the Customer’s responsibility to satisfy itself as to the condition, quality and fitness for purpose of the Vehicle and the Customer accepts the Vehicle on this basis.

10.3 CAL will use its reasonable endeavours to pass on any manufacturer’s warranty that relates to the Vehicle (if any), to the Customer, if applicable. For the avoidance of doubt, to the extent permitted by law, CAL does not give any warranties in addition to those provided by the manufacturer (if any).

10.4 If the manufacturer or assembler alters the design or specification of the Vehicle, CAL may, but is not bound, to, deliver the Vehicle conforming to the altered design or specification in fulfilment of CAL’s obligations under the Agreement and no compensation shall be payable by CAL to the Customer.

11. LIMITATION OF LIABILITY

11.1 Subject to clause 10.1 and to the extent permitted by law CAL shall have no liability whatsoever to the Customer or any third party for any direct or indirect loss or damage of any kind whatsoever , (including, without limitation, consequential loss, fines, loss of profit, loss of bargain, loss of business opportunity or exemplary damages) suffered by the Customer or any third party arising from the supply by CAL, and/or the use by the Customer or third party of the Vehicle whether actionable under contract, statute, tort (including negligence), equity or otherwise. For the avoidance of doubt and without limiting the previous sentence in any way, CAL is not responsible or liable in any way for anything done or not done by any supplier of Body Building Services nominated by the Customer who is not a Preferred Supplier.

11.2 Without limiting any other provisions in the Agreement, where CAL or its contractor has carried out the Services in accordance with a design and specifications provided by the Customer, CAL shall not be liable for any direct or indirect loss suffered by the Customer or any third party howsoever arising including, without limitation, any loss or damage arising as a result of:

  • 11.2.1 The Vehicle not complying with the Vehicle manufacturer’s warranty;
  • 11.2.2 The Services and the installation of associated parts or accessories not being recommended or approved by the manufacturer of the Vehicle; or
  • 11.2.3 Any defect or malfunction of the Vehicle due to the Services and the installation of associated parts or accessories.

11.3 The Customer shall indemnify CAL against all claims and loss of any kind whatsoever brought by any person in connection with any matter, act, omission, or error by CAL, its agents, contractors or employees in connection with the Vehicle.

11.4 In the event that, despite the provisos in clauses 11.1 and 11.2 above, CAL is found liable in any way for any loss or damages, including, without limitation, the loss or damages referred to in clauses 11.1 and 11.2 above, to the extent permitted by law such liability is limited to the amount paid or payable by the Customer to CAL for the Vehicle and is inclusive of all claims made against CAL by the Customer arising from the same event or series of related or connected events.

12. DEFAULT

12.1 The following shall constitute breaches of the Agreement by the Customer:

12.1.1non-payment of the Deposit or Price, or an intimation by the Customer that the Price will not be paid, when due;

  • 12.1.2 The Customer commits a breach of any of its other obligations under the Agreement or any other contract the Customer has entered into, or enters into in the future, with CAL;
  • 12.1.3 while any portion of the Price and any other money owing by the Customer to CAL in respect of the Vehicle remains unpaid:
    • (i) any of the Goods are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize any of the Goods;
    • (ii) any Vehicle in the possession of the Customer are modified or materially damaged; or
    • (iii) the Customer transfers, parts with possession of or grants any security interest in the Vehicle or otherwise deals with or disposes of the Vehicle;
  • 12.1.4 the Customer is bankrupted, wound up, becomes insolvent or put into liquidation or a receiver is appointed to any of the Customer’s assets;
  • 12.1.5 a Court judgment is entered against the Customer and remains unsatisfied for seven (7) days; and
  • 12.1.6 any material adverse change in the financial position of the Customer.

12.2 If the Customer breaches the Agreement, then without prejudice to CAL’s other rights and remedies, CAL may (at CAL’s sole discretion) take any one or more of the following actions:

  • 12.2.1 retain and not refund the Deposit (if any) in which case the Customer acknowledges that the Deposit represents a reasonable pre-estimate of CAL’s loss;
  • 12.2.2 cancel the Agreement;
  • 12.2.3 suspend the supply of the Vehicle;
  • 12.2.4 remove or repossess the Vehicle in accordance with clause 13.4;
  • 12.2.5 re-sell the Vehicle by any means and, if by auction, at no reserve, and claim from the Customer all costs and any loss including any loss on re-sale;
  • 12.2.6 charge interest at the rate of 2.5% per month, on any overdue Invoices from the Due Date, calculated on a daily basis, until the date CAL receives payment in full.
  • 12.2.7 require the Customer to pay upon demand any costs, charges or expenses (including legal costs as between solicitor and client and any debt collection agency fees) incurred by CAL or any third party; or
  • 12.2.8 sue the Customer for the Price and any other amounts owing under the Agreement.

13. TITLE AND SECURITY (PPSA)

13.1 The Customer takes title to the Vehicle only when the Customer has paid to CAL the Price in full and any other money owing by the Customer to CAL in connection with the Vehicle.

13.2 Until the Price and any other money owing by the Customer to CAL in connection with the Vehicle has been paid in full the Customer gives CAL a security interest over:

  • 13.2.1 the Vehicle; and
  • 13.2.2 all of the Customer’s property on which Vehicle or Services supplied by CAL have been attached or incorporated; and
  • 13.2.3 all of the Customer’s present and after acquired property, being all the Customer’s personal property and all other property; and
  • 13.2.4 the proceeds of the items in clause 13.2.1 to 13.2.3.

13.3 The Customer agrees to:

  • 13.3.1 cooperate in good faith with CAL to execute the documentation required to register CAL’s security interest on the PPSR and protect CAL’s security interest; and
  • 13.3.2 waive any right to receive a copy of the verification statement, pursuant to s148 of the PPSA.

13.4 For the purposes of protecting CAL’s security interest the Customer irrevocably authorizes CAL to enter any premises occupied by the Customer at any reasonable time after the Customer breaches the Agreement or CAL believes a breach is likely and remove and repossess any:

  • 13.4.1 Vehicle; or
  • 13.4.2 any of the Customer’s property on which Vehicle or Services supplied by CAL have been incorporated.

13.5 CAL shall not be liable for any costs, damages, expenses or losses incurred by the Customer and the Customer indemnifies CAL or any third party as a result of exercising its rights under this clause 13.

14. INTELLECTUAL PROPERTY

14.1 The Customer agrees and acknowledges that CAL is the owner or has rights to use the Intellectual Property.

14.2 The Customer shall not copy or give any of CAL’s Intellectual Property to any other person without CAL’s written consent.

14.3 If the Customer infringes CAL’s rights in the Intellectual Property, then CAL may, without prejudice to any of CAL’s other rights, charge the Customer for its services associated with the Intellectual Property.

14.4 If all of part of the Vehicle is to be supplied by CAL to the Customer in accordance with the Customer’s design, the Customer warrants that the manufacture and supply of all or part of that Vehicle by CAL or its contractors will not infringe any third party’s Intellectual Property rights and the Customer indemnifies CAL against any loss, liability, costs and expenses in the event of any claim being made that the manufacture or the supply of such all or part of that Vehicle by CAL or its contractors infringes any patent, copyright or other rights of any other person or entity.

15. COLLECTION AND USE OF INFORMATION

15.1 The Customer:

  • 15.1.1authorises CAL to collect, retain and use information about the Customer including its employees for the purposes of:
    • (i) performing CAL’s obligations under the Agreement;
    • (ii) the enforcement by CAL of any of its rights under the Agreement;
    • (iii) recall of the Vehicle;
    • (iv) debt collection;
    • (v) credit reporting or assessment; and
    • (vi)the marketing by of CAL’s of its goods and services; and
  • 15.1.2 for the purposes referred to in clause 15.1.1, shall provide any written authorisation requested by CAL.

15.2 The Customer authorises CAL to disclose any information obtained to any person for the purposes set out in Clause 15.1.

15.3 Where the Customer is a natural person the authorities under clauses 15.1 and 15.2 are authorities or consents for the purposes of the Privacy Act 1993 and Customer will have the rights under the Privacy Act 1993 (or its successor legislation) to access any personal information that CAL holds and to request correction of such personal information.

16. DISPUTES

16.1 In the event of any dispute between the parties in relation to the Agreement (excluding payment of the Price) the parties will first seek to resolve such dispute by promptly giving notice to the other party and in good faith endeavour to resolve the dispute. If the dispute remains unresolved after one month of the dispute arising, the dispute shall, if CAL in its sole and absolute discretion, so elects, first be determined by arbitration under the Arbitration Act 1996 before pursuing resolution through the Courts.

17. NOTICES

17.1 Notices, communication documents or demands required to be made or served pursuant to the Agreement shall be in writing signed by the party giving the notice or by any officer or solicitor of that party. Any notice or document shall be deemed to be duly given or made:

  • 17.1.1 if delivered by hand, when so delivered;
  • 17.1.2 if sent by post, on the third Business Day following posting;
  • 17.1.3 in the case of a communication by facsimile when transmitted with no indication of incomplete transmission to the recipient’s last known facsimile number;
  • 17.1.4 in the case of email, when the email leaves the communication system of the sender, provided that the sender does not receive any error message relating to the sending of the email.

17.2 For the purposes of Part 4- Electronic Transactions of the Contract and Commercial Law Act 2017, the Customer and CAL agree to receiving information and notices in electronic form.

17.3 Notices, communication documents or demands shall be given to the parties at the addresses/numbers specified in the Agreement or at other addresses/numbers as notified by each party to the other party from time to time.

17.4 Any party may change its address or facsimile number by notice in writing served on the other party.

18. MISCELLANEOUS

18.1 If there is any discrepancy or conflict between any document included in the Agreement (other than these terms and conditions) (Document) and these terms and conditions, the Document shall take precedence.

18.2 CAL shall not be liable for delay or failure to perform its obligations directly or indirectly if the cause of the delay or failure is beyond CAL’s control including, without limitation, “acts of god”, wars or failure of third parties such as suppliers or subcontractors.

18.3 Failure by CAL to enforce any of the terms and conditions in the Agreement shall not be deemed to be a waiver.

18.4 If any provision of the Agreement is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected.

18.5 The Agreement shall be governed by the laws of New Zealand.

18.6 Clauses in the Agreement which are for the benefit of CAL or the Owner (if CAL is selling a Vehicle as agent for the Owner) are intended to be for the benefit of CAL and the Owner, and their respective employees, agents, contractors and assigns jointly and severally and the provisions of Subpart 1 – Contractual Privity of Part 2 of the Contract and Commercial Law Act apply accordingly.

18.7 Reference to any statutes includes any later amendments or changes to those statutes.

18.8 CAL may from time to time amend these terms and conditions by giving the Customer notice in writing.

18.9 The Agreement constitutes the entire agreement and any variation of it must be in writing.

18.10 Any obligation not to do anything will be deemed to include an obligation not to suffer, permit or cause that thing to be done.