Terms and Conditions of Trade
As a client of My Car Mechanic, you agree to be bound by all the terms and conditions stated in this document. You acknowledge that you have read and understand the terms and conditions.
My Car Mechanic Limited T/A My Car Mechanic (hereinafter referred to as MCM) and you as the Client refers to the person or company purchasing goods or enlisting the services of MCM.
Conditions of Sale of Goods
All sales of Goods and Services are made subject to the following conditions and by purchasing from MCM, the purchaser accepts these conditions.
All new goods are covered with a return to base parts and labour warranty for a period of 12 months from the date of invoice on Hardware only. Consumable goods are not covered by any warranty.
Although every care is taken to ensure that all second hand goods supplied by MCM are of merchantable quality, no warranty is expressed or implied unless otherwise stated.
Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any damage to other equipment used in conjunction with these goods.
Charges and Payment
All prices quoted in the Standard Service Charges List are GST inclusive and are in New Zealand dollars unless otherwise specified. Prices are based on a per unit rate as shown, however we would be pleased to offer a fixed price quote on larger projects if this is preferred. We reserve the right to adjust prices without notice. MCM may require payment in advance for the supply of any procured goods or sub contract labour If an on account payment is offered, payment of the account is due within the agreed terms; otherwise the remainder of the account is due immediately following the issuing of an invoice.
Scope of Services
MCM is Clients’ primary point of contact for all systems on your vehicle. If MCM is unable to remedy a problem, then MCM will work with the appropriate outside vendor to endeavour to get a quote and resolution. Client understands that additional expenses may be incurred when an outside vendor is brought in to solve a particular problem and agrees to reimburse MCM for any such expenses.
A deposit of 50% is payable for any work to be undertaken that is estimated to be worth in excess of $2,000. The deposit is required prior to work commencing.
Payment for new clients is due in full upon delivery and/ or completion of work until such time that an account is setup. Payment of accounts is due on or before the 20th day of the month following the date of the invoice. Interest at 3.5% per month on the current balance may be charged on overdue accounts and
shall accrue on a daily basis starting from the due date.
MCM reserves the right to reposes and/or hold any vehicle until the account is brought up-to-date. Storage fees will also be applicable at $20 per day or part there of.
In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The client indemnifies MCM against all costs (including legal costs), losses and expenses incurred by MCM in recovering any unpaid monies.
Delivery of Goods
Any charges for handling (including packing materials) and freight charges are extra, and payable by the client. The most cost effective delivery method will be chosen or the fastest
MCM is not responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.
Cancellation of On-Sites
The client is required to notify MCM of any cancellation a minimum of 24 hours ahead of the scheduled start time. Failure to provide such notice results in the minimum callout fee being charged.
Peak Demand Periods
MCM will make its best efforts to respond to Client’s needs within the negotiated time frame.
Client understands that there may be occasional times of peak demand when MCM is forced to have to make extremely difficult decisions and triage Client’s needs according to the severity of business impact.
Loss of Service
Client recognizes that MCM makes every attempt to select the most reliable Goods, and that MCM will make best efforts to keep Client’s vehicle up and running efficiently and cost-effectively, within the limits of the client’s budget.
Property and Risk
Despite the purchaser having possession of any Goods, ownership is retained by MCM until the client pays in full all money owed to MCM. Risk in any goods supplied shall pass to the client at the point of delivery.
Any claims for errors or unsatisfactory work must be made within 7 days of issue of an invoice.
MCM is only under an obligation to deliver goods and services in accordance with their general description, whether or not a special description may have been given or implied by law.
The client acknowledges and agrees that MCM has not given any representation or warranty as to the quality, state or condition of goods supplied, or that the goods are fit for any particular purpose.
All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law.
MCM shall not be liable for any statement, representation or warranty made by any employee, agent or contractor relating to the goods, workmanship and/or advice supplied by MCM or for any negligence or wilful default by the manufacturer or supplier of the goods or services provided to the client.
Notwithstanding any other provision in these terms of trade, where the goods are consumer goods and are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply. Any disclaimer above does not apply where it is contrary to any law which cannot be contracted out of.
All parts are subject to availability. All prices exclude GST, freight and may change without prior notice. All our goods and services come with a one year return to base warranty unless otherwise stated. Additional delivery fee does apply and is charged based on location.
Any dispute shall, at the option of MCM be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.
If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and MCM and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The
client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.
MCM does not authorise any client to use MCM’s or the manufacturer trademarks, names or associated materials. To use these trademarks, names and associated materials, prior written approval must be given by MCM or the relevant manufacturer.
MCM Guarantee to Solve Vehicle Problems
MCM undertakes to provide a viable solution to the vehicle problems of any client – or will not charge the customer. However the client must allow MCM personnel appropriate time to diagnose the problem and identify a viable solution. MCM cannot be obligated to provide a viable solution if the client does not provide required access to the client’s Vehicle or the manufacturer no longer stocks required replacement Parts.
If the client desires an alternative solution to that offered by MCM, then MCM cannot guarantee to provide such alternative solution within the terms of this guarantee.
MCM Service Satisfaction Guarantee
MCM guarantees you will not pay twice for the exact same work.
If we return to your site to repeat work already performed, there will be no charge for the additional work.
MCM guarantees emergency on-site response time will be within 2 hours (plus travel time) when requested at the emergency response rate of $150.00 inc GST per hour.
If we miss the 2 hour on-site response time, you only have to pay the regular response rate.
Terms and Conditions of Trade