Terms & Conditions

Terms and Conditions OF TRADE

1.Terms of contract

1.1 Booking a Pre Purchase Inspection through our Website means that you have read, understood and agree to these Terms and Conditions.

2. Definitions and Interpretation

2.1 In these Terms:

“Booking Time” means the allocated time for the Pre Purchase Inspection booked through our website:

“Customer” means the person or entity engaging or requesting the Services, and in the even the customer is a company, any person acting behalf of and with authority of the Customer;

“Pre Purchase Inspection” means a professional evaluation of a Vehicles condition;

“Price” means the cost of the Services as set out on our Website;

“Report” means a written statement of the outcomes of the Pre Purchase Inspection;

“Services” means all services supplied and to be supplied by is to you at any time and includes the Pre Purchase Inspection and Report;

“Specified Location” means the physical address specified when the booking is made on our Website;

“Terms” means these terms and conditions (as amended from time to time);

“Vehicle” means a vehicle as defined in the Land Transport Act 1998;

“Website” means https://kickthetyres.co.nz/

“we”, “our”, “us” means Kick the Tyres Group Limited and of its related companies (as defined in the Companies Act 1993) from time to time’

“you” means the Customer.

2.2 For convenience, these Terms have been grouped under different headings, but the headings do not affect the meaning of these Terms.

2.3 In these Terms referenced to any law include any changes to that law which are in force from time to time.

3. Payment

3.1 You must pay the Price for the Services in full prior to us commencing the Pre Purchase Inspection.

3.2 Payment must made by way of credit card or bank transfer.

3.3 The Price in non-refundable, unless cancellation is agreed pursuant to clause 7 of these Terms.

4. Extent of Services

4.1 The extent of the Pre Purchase Inspection includes and is limited to:

(a) an external examination of thee Vehicle components. Please note that due to time and cost restraints, it is not feasible for us to dismantle component assemblies to inspect internal parts; and

(b) a limited road test will be performed up to 50kmph unless otherwise stated in the Report. The road test will only be undertaken if the Vehicle is in roadworthy condition and confirms to all legal requirements (which includes but is not limited to a warrant of fitness and registration).

(c)Includes the conduct and review of:

i. relative compression check;

ii. an electrical system check (battery, alternator and starter motor);

iii. check air conditioning / heating temperature;

iv. test coolant system;

v. check components as specified in the inspection report;

vi. check for obvious signs of previous body repair or corrosion;

vii. provide a written report with photos if necessary; and

viii. provide a follow up phone call.

(d) Specifically excludes:

i. remove timing belt or timing chain covers to asses wear (an OBD scan if selected may provide information about these components – vehicle dependent);

ii. check airbags (an OBD scan if selected may provide information about these components – vehicle dependent);

iii. stress test components at high temperatures or for extended run times;

iv. remove any engine componentry;

v. check any modifications are warrant of fitness compliant (we will look to see if a certification plate or QR code is present);

vi. remove wheels to check brake and suspension componentry;

vii. check for finance owing/stolen vehicle register/ownership details;

vii. check for damaged vehicle details at importation;

ix. locate hidden defects or intermittent problems; and

x. provide a warrant against problems which become apparent after the inspection (you may purchase an extended cover mechanical breakdown policy that provides assistance in these circumstances) or problems which cannot be identified visually or without components being dismantled.

4.2 If we are required to carry out a 12v battery and alternator testing and assessment it will be carried out by both an electronic tester and visual examination. The inspector cannot always confirm if the 12v battery fitted it of a suitable type and specification for the Vehicle. The 12v battery will be tested according to its own type and specification, where it is possible for the inspector to determine or to the inspector’s best estimation, where accessible without disassembly of components. The battery test is strictly limited to the 12v battery system and does not include any systems above 12v, including but not limited to batteries and charging systems in Electric vehicle and Hybrid vehicle types.

4.3 The extent of the Report is limited to:

(a) the condition of the Vehicle at the time of inspection. The condition of a Vehicle can change due to normal wear and tear, driver abuse, neglect, collision damage or deterioration of internal components that are not able to be inspected under the Pre Purchase Inspection; and

(b) Any documents such as the Vehicle manual, maintenance records, damage reports and repair records as far as they are available. The documents can come from external third parties and we do not review them. We are not liable for the accuracy or completeness of any information in these documents.

4.4 The Report will not tell you about:

(a) Hidden defects;

(b) Intermittant problems;

(c) Problems which become apparent after the Pre Purchase Inspection;

(d) Problems which cannot be identified on a visual inspection or without parts of the Vehicle being dismantled; or

(e) the registration, liens or finance secured over the Vehicle, or ownership of the Vehicle as at the time of the check.

4.5 Provided our Inspector has acted with reasonable care and skill, we are not responsible for any defect or problems with the Vehicle that are not identified or identifiable in the Pre Purchase Inspection Report.

5. Time for completion

5.1 We will make every effort to ensure delivery of the Services is on time. However, we shall not be liable to you for any failure to deliver on a specified date or within a specified period, however that failure was caused.

5.2 We will complete the Pre Purchase Inspection at the agreed Booking Time, provided:

(a) the Vehicle is at the Specified Location 10 priors to the inspection time; and

(b) you have paid the Price.

5.3 The Pre Purchase Inspection is estimated to take 120 minutes from the Booking Time, but is subject to travel and traffic delays.

5.4 Delivery of the Report will be within one (1) working days of us completing the Pre Purchase Inspection.

6. Cancellation

6.1 You may not cancel an order for Services, wholly or partly, without our written consent.

6.2 We may cancel or suspend an order for services without liability to you or if fulfilling the order becomes impractical or uneconomic due to any cause beyond our control.

7. Warranties and liability

7.1 As part of the Services, we will provide a report on the mechanical and physical condition of the Vehicle at the time of inspection. Because this is a limited inspection, we do not warrant the condition of the Vehicle at the time of purchase. For further protection you may wish to consider purchasing a Mechanical Breakdown Insurance policy.

7.2 The Services are provided by us and intended for you. We are under no obligation to supply information or copies of the Report to a third party, however, we reserve the right to disclose information to a third party on any potential safety issues, regarding the vehicle, which are identified by the inspection.

7.3 To the fullest extent permitted by law:

(a) our liability under these Terms is in substitution for, and to the exclusion of, all other warranties, representations, conditions or obligations imposed or implied by lase, statute or otherwise in relation to the Services; and

(b) all liability for any indirect, special or consequential loss or damage of any kind is expressly excluded.

8. Privacy

8.1 We maintain a Privacy Policy which is available to view on our website. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the privacy policy. If you have questions or comments about our privacy policy, please contact us at: contact@kickthetyes.co.nz.

9. General Terms

9.1 Amendments: We may amend these Terms from time to time by notice to you in writing.

9.2 Waiver: No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.

9.3 Severability: If a court decides that part of the Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.

9.4 Law: These Terms will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand Courts will have non-exclusive jurisdiction in respect of all matters between us.

Published 18 January 2023.

MRH-322933-1-15-V2

Website Terms and Conditions

By viewing and using the Kick the Tyres Group Limited (“we”, “our”, “us”) website you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

Privacy Policy and personal information

Registration and use of our website requires you to provide personal information. We maintain a Privacy Policy which is available to view on our website. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the Privacy Policy. If you have questions or comments about our privacy policy, please contact us at contact@kickthetyres.co.nz.

Users outside of New Zealand

Our website is operated by Kick The Tyres Group Limited from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Use of the site

We own copyright in the contents of our website. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trade marks or logos that appear on any material on our website.

Links and advertising

The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.

Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.

Communication tools

If you use any communication tools available through our website (such as contact us feature), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods and services for sale, files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our website, you represent that you own the content of the communication.

Exclusion of liability

To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our website any any services we provide, including from all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings of loss of opportunity).

If you are a consumer using our website for non-business activities then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).

Indemnity

You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.

General

These terms and conditions in conjunction with our privacy policy form the entire agreement between us and you relating to our website.

It at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition.

Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

Last updated 25 January 2023

MRH-322933-1-14-V1

PRIVACY POLICY

This privacy policy describes how we (Kick The Tyres Group) may collect, store, use and disclose any personal information that you (the Customer) provide to us when engaging with us and our website. We value your trust and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read this policy to learn about our privacy practices.

The use of the Kick The Tyres Group website is subject to our terms and conditions. If there is any conflict between this Privacy Policy and the website terms ad conditions, the website terms and conditions will prevail.

Collection of Information

Personal information we may collect from you includes, without limitation, your name, your date of birth, your email address, your phone number and your postal address.

We may collection personal information from you, without limitation, when you:

(a) Indicate and interest or book a service from us; and

(b) Contact us directly or indirectly with an enquiry, or in response to a communication from us.

You may decide not to provide your personal information to us. However, if you do not provide it we may not be able to provide certain services to you.

In addition to this we generate and collect some information from your computer or device when you engage our website. This includes things like your IP address, the browser you use, when you visit our sites, language settings, the website URL you visit us from and the third party sites you visit when you click on links to exit our website. This information helps us to ensure we are dealing with you and not an unauthorised party or bot. This also ensures the integrity of our internal database and data collation systems.

Use of Information

We (and our employees, officers, agents, contractors and affiliates as defined below) may use the personal information you provide to:

(a) Provide you with the services you have requested;

(b) To assist in verifying your identity when you contact us to make an enquiry;

(c) Responding to enquiries from you;

(d) To detect any fraud or crime, or money laundering and counter financing of terrorism in connection with any laws, rules or regulations in New Zealand or overseas for analysis in aggregate form (with identifiable characteristics removed so that you will remain anonymous);

(e) Communicating with you by any means (including mail, email, telephone, text messages, social media or digital advertising) about our services;

(f) To provide you with further information about us or other websites or products or services offered by us or our related companies or which we consider may be of interest to you;

(g) To carry out marketing, promotional and publicity activities (including direct marketing), marketing research and surveys;

(h) To keep our website relevant and of interest to customers;

(i) To allow us to run our business and perform administrative and operational tasks (such as training staff, risk management; developing and marketing products and services, undertaking planning, research and statistical analysis; and systems development and testing, keeping our records up to date, being efficient about how we fulfil our legal and contractual duties);

(j) To comply with legal and regulatory requirements; and

(k) For any other purpose which is stated to you at the time of collection or that you otherwise authorise.

When you first provide contact information to us, we will give you the opportunity to indicate whether you would prefer not to be contacted for marketing purposes. You can send us an email at any time to change your preferences or use the unsubscribe or preference links at the bottom of any of our direct marketing email communications.

Unless you had agreed otherwise, we will not send you communications that we do not believe are related to your relationship.

Disclosure of information

We do not sell or rent your personal data.

We may disclose information about you, including your personal information, to third parties, where:

(a) It is required to enable them to provide services and products to us in relation to our website, including transaction processing services, hosting services and support services;

(b) To help us make decisions on credit, or credit related enquiries;

(c) To check your identity to prevent money laundering unless other satisfactory proof of identity is provided;

(d) Where legitimately requested or required for legal or regulatory purposes;

(f) You have requested we share your personal data with your representative or any person acting on your behalf (for example, financial advisers, lawyers, attorneys, accountants, executors, administrators, trustees or auditors); and

(g) Otherwise with your consent.

You are deemed to have agreed we may provide that information to such parties for the above purposes. By providing us with your personal information you consent to our using and disclosing your personal information in the manners set out above.

Protection of information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your personal information. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information. We may store your information in cloud or other types of networked or electronic storage.

Access to information

In accordance with the Privacy Act 1993 you may at any time access your personal information. We will take all reasonable steps to keep your information secure and request that you keep your information as current as possible.

You may request access to correct any personal information we hold by contacting us at contact@kickthetyres.co.nz.

Credit Card Details

In line with credit card data security standards when you pay us using a credit card online, or by telephone, your credit card information is not stored.

Policy changes

We reserve the right at our discretion to update or revise our privacy policy at any time. Changes to this privacy policy will take effect once published on our website or otherwise communicated to you. Please check this privacy policy regularly for modifications and updates. If you continue to use any of our software or web based applications or if you provide personal information after we amend our privacy policy this will indicate your acceptance of such changes.

Last updated 25 January 2023.

MRH-322933-1-13-V1