1.   DEFINITIONS

   1.1  “GAL” shall mean German Automotive Limited, or any agents or employees thereof.
   1.2  “Customer” shall mean the customer, any person acting on behalf of and with the   authority of the customer, or any person purchasing goods from GAL.
   1.3  “Goods” shall mean all goods, chattels, or services, provided by GAL to the   customer, including the provision of automotive repairs, sale of parts, servicing,   all charges for labour and work, hire charges, insurance charges, or any fee or   charge associated with the supply of goods by GAL to the customer.
   1.4  “Price” shall mean the cost of the goods as agreed between GAL and the customer subject to clause 4 of this contract.
         
2.  ACCEPTANCE

   2.1  Any instruction received by GAL from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
         
3.  USE OF INFORMATION

   3.1  The customer authorises GAL to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by GAL to any other party.
   3.2  The customer authorises GAL to disclose any information obtained to any person for the purposes set out in clause 3.1
   3.3  Where the customer is a natural person the authorities under clause 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
         
4.  PRICE

   4.1  Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by GAL at the time of the contract.
   4.2  The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of GAL between the date of the contract and delivery of the goods.
         
5.  PAYMENT

   5.1  Payment for goods shall be made:
      5.1.1  Where the customer has an existing account with the company, or has arranged an account with the company, the price shall be paid in full on or before the 20th day of the month following the date of the invoice; or
      5.1.2  Where agreed in full on receipt of delivery of goods; or
      5.1.3  In full on receipt of notice of completion of all work undertaken on the customer’s vehicle (“the due date”).
   5.2  Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part thereof.
   5.3  Any expense and costs, disbursements and legal costs incurred by GAL in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees incurred on a solicitor/client basis and any debt collection agency fees.
   5.4  Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
         
6.  QUOTATION

   6.1  Where a quotation is given by GAL for goods:
      6.1.1  The quotation shall be valid for one month from the date of issue; and
      6.1.2  The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
   6.2  Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.
         
7.  RISK

   7.1  The goods remain at GAL’s risk until the delivery to the customer, but when title passes to the customer pursuant to clause 9.1 of this contract the goods are at the customer’s risk whether delivery has been made or not.
   7.2  Delivery of goods shall be deemed complete when GAL gives possession of the goods for delivery to the customer, or possession of the goods is given to a common carrier or other bailee for the purposes of transmission to the customer.
   7.3  The time agreed for delivery shall not be an essential term of this contract unless the customer gives written notice to GAL making time of the essence.
   7.4  Where GAL delivers good to the customer by instalments and GAL fails to deliver or more instalments the customer shall not have the right to repudiate the contract but shall have the right to claim compensation as a saveable breach.
         
8.  AGENCY

   8.1  The customer authorises GAL to contract either as principal or agent for the provision of goods that are the matter of this contract.
   8.2  Where GAL enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.
         
9.  TITLE

   9.1  If the goods are ascertained and in a deliverable state, title in the goods passes to the customer when the customer has made payment for all goods supplied by GAL.
   9.2  Where the customer has not paid for any goods in it’s possession property in such goods shall remain, with GAL and;
      9.2.1  The goods shall be held by the customer as bailee; and
      9.2.2  If the goods are attached, fixed, or incorporated into any property of the customer, by way of any manufacturing or assembling process by GAL or the customer or any third party, title in the goods shall remain with GAL until the customer has made payment for all goods, and where those goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall be deemed to be assigned to GAL as security for the full satisfaction by the customer of the full amount owing between GAL and customer.
   9.3  The customer gives irrevocable authority to GAL to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer, GAL shall not be liable for costs, damages or expense of any other losses incurred by the customer or third party as a result of this action, nor liable in contract of in tort or otherwise in any way whatsoever.
         
10.  RETURN OF GOODS

   10.1  The customer shall be deemed to have accepted the goods unless the customer notifies GAL within 48 hours of delivery of the goods to the customer.
   10.2  If the goods are not accepted according to clause 10.1 of this contract the customer shall pay for the delivery of the returned goods to GAL whereby the customer shall be entitled to a credit for the purchase price of any such goods.
         
11.  LIABILITY

   11.1  Except as otherwise provided by stature GAL shall not be liable for;
      11.1.1  Any loss or damage of any kind whatsoever whether suffered or incurred by the customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by GAL to the customer and without limiting the generality of the foregoing of this clause GAL shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and
      11.1.2  Except as provided in this contract GAL shall not be libel in contract, or in tory, or otherwise for any loss, damage, or injury beyond the value of the goods provided by GAL to the customer; and
      11.1.3  The customer shall indemnify GAL against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether cause or arising as a result of the negligence of GAL or otherwise, brought by any person in connection with any, matter, act, omission, or error by GAL its agents or agents or employees in connection with the goods.
         
12.  CONSUMER GUARANTEES ACT

   12.1  The guarantees contained in the consumer guarantees act 1993 are excluded where the customer acquires goods or services from GAL for the purposes of a business in terms of section 2 and 43 of that Act.
         
13.  GENERAL LIEN

   13.1  The customer agrees that GAL may exercise a general lien against any goods or property belonging to the customer that is in the possession of GAL for all sums outstanding under this contract and any other contract to which the customer and GAL re parties.
   13.2  If the lien is not satisfied with in 7 days of the due date GAL may having giving notice of the lien at its options either:
      13.2.1  Remove such goods or property and store them in such a place and in such a manner as GAL shall think fit and proper and at the risk and expense of the customer; or
      13.2.2  Sell such goods or property or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for the damage caused.
         
14.  WARRANTY

   14.1  No representation, condition, warranty, or premise expressed or implied by law or otherwise applies to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where as agreed between the customer and GAL.
   14.2  Where there is a warranty provided by GAL the customer shall notify GAL within 14 days of any defect that ought to have been reasonably identified by the customer or any warranty or guarantee pursuant to this provision shall be void. Nothing in this provision, subject to clause 12 herein, shall limit the customer’s remedies pursuant to the Consumers Guarantees Act 1993.
   14.3  GAL does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the customer and shall not be liable if they are not.
         
15.  CANCELLATION

   15.1  GAL shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contact for the supply of goods to the customer if the customer fails to pay any money owing after the due date or the customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
   15.2  Any cancellation or suspension under clause 15.1 of this agreement shall not effect GAL’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the customer’s obligations to GAL under this contract.
         
16.  MISCELLANEOUS

   16.1  The customer shall not assign all or any of its rights or obligations under this contract without the written consent of GAL
   16.2  GAL shall not be liable for delay or failure to perform its obligations if the cause of this delay or failure arises from an act of God or is beyond its control.
   16.3  Failure by GAL to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any rights or obligations GAL has under this contract.
   16.4  The law of New Zealand shall apply to this contract except to the extent expressly negatived or varied by this contract.
   16.5  Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.
   16.6  Any personal guarantee made by any third party shall not exclude the customer in any way whatsoever from the liabilities and obligation contained in this contract. The guarantors and customer shall be jointly and severally libel under the terms and conditions of this contract.
   16.7  If any provision of this contact shall be invalid, void or illegal, or unenforceability of the remaining provisions shall not be affected, prejudiced, or impaired.