This Website (kwmotors.co.nz) is owned and operated by Keith Weir Importers and Exporters Limited.
1. Terms and Conditions
2. Intellectual Property Rights
All material on the website, including but not limited to text, logos, images, designs, graphics, videos, layout, colour scheme and software is owned by Keith Weir Importers and Exporters Limited and subject to intellectual property protection (registered and unregistered), and proprietary rights.
You are not allowed to copy, reproduce, display, publish, upload, post, transmit, store or modify, in whole or part, any of the content including but not limited to text, graphic, audio or video without obtaining our prior written consent.
3. Unauthorised Use
You agree to not:
4. Privacy and Security
Where you are required to register or login on any part of the Website you may be asked for your name, physical address, email address, contact phone number(s), and vehicle details etc. We advise you to keep your username and password secure and confidential at all times because it allows you online access to your personal information and vehicle details.
We advise you to take reasonable care to:
If you have reason to believe that there has been any unauthorised use or the security of your account has been compromised you must immediately change your password and notify us.
You are responsible for maintaining the security of your account and all activity which occurs on or through your account.
We shall bear no liability for any unauthorised use, interception or hacking of data on your account.
The information collected using cookies is limited to non-personal information such as:
6. Exclusion of Liability
This Website may contain links and references to websites owned and maintained by other organisations. We do not endorse or assume any responsibility for the content displayed, or products or services offered any of these other website(s).
You acknowledge that any information or detail you provide electronically through your access or usage of this Website is not confidential or proprietary, and acknowledge that unprotected communication over the Internet may be subject to possible interception, alteration or loss. You acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website may be read or intercepted by others. We shall bear no liability for any interception of data through the Website by unauthorised third parties.
We may update the information on the Website from time to time. In doing so, we do not represent or warrant that the information, services or material available on or accessible through the Website is up-to-date, accurate, complete, free of viruses or that any such issue(s) will be corrected immediately upon discovery. We also do not represent or warrant the functionality of the Website, its suitability for use, or that its use will be uninterrupted.
This Website including all its content, features and services are provided on an “as is” and “as available” basis without warranty of any kind, express or implied. We assume no liability for loss or damage, direct or indirect, special or consequential, arising from or caused by the use of or inability to use the Website, errors or omissions in the content, material or services available on the Website including but not limited to any inaccuracies or non-compliance with respect to any representation, illustration, specifications, service features or any other information.
8. Rights and Remedies
9. Governing Law
“KW Motors” refers to Keith Weir Importers and Exporters Limited, its employees, and any person(s) acting on behalf of and with the authority of KW Motors.
“Customer” refers to any person(s) or company who engages the services of KW Motors as may be specified in any calendar booking details, Estimate, Invoice, or any other form of verbal or written communication.
“Parts” refers to all mechanical or electronic part(s) supplied by KW Motors to the Customer in the course of any service provided at the verbal or written instruction of the Customer.
“Service” refers to the WOF inspections, compliance inspections, diagnostic assessments and mechanical repairs provided by KW Motors to the Customer at the verbal or written instruction of the Customer.
“Price” refers to the total price payable by the Customer to KW Motors for the Parts and /or Services provided as agreed between KW Motors and the Customer.
“GST” refers to Goods and Services Tax. All prices listed on any Estimate and Invoice issued by KW Motors shall be in New Zealand dollars and exclusive of GST unless otherwise stipulated.
The Customer shall be deemed to exclusively accept and shall be bound by the terms and conditions of this Agreement immediately upon any or all of the following acts:
Both KW Motors and the Customer confirm that they have the power to enter into this Agreement, and this Agreement creates valid and binding legal obligations on them respectively.
The Price shall be the amount indicated on the Invoice issued by KW Motors.
The estimated Price shall not be deemed binding on KW motors because the actual Price can only be determined upon the completion of the Service. KW Motors shall keep the Customer informed should the actual Price likely exceed the estimated Price of the Parts or Service or both.
If hidden or unidentifiable faults are discovered upon disassembly after the commencement of the Service, KW Motors reserves it right to amend the Price accordingly. KW Motors shall keep the Customer informed of any such faults identified in the course of the Service.
A non-refundable deposit payment may be required prior to the commencement of the Service if KW Motors has to place an order for non-returnable Parts (this includes but is not limited to electronic components, safety-related components like seat belts and tyres). This shall be stipulated at the material time the Customer engages the Services of KW Motors. The deposit shall become due and payable prior to the placement of the order for the Parts.
At the sole discretion of KW Motors the Price shall be due and payable:
The time for payment is of material essence and shall be stated at the bottom of the Invoice.
KW Motors accepts the following modes of payment:
If the Customer has made payment by credit card and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction and additional cost(s) incurred by KW Motors if the reversal is illegal, fraudulent of in contravention to the Customer’s obligations under this Agreement.
Collection / Storage
If the Customer does not collect the vehicle within two (2) working days after KW Motors informs the Customer that the Service is complete and the vehicle is ready for collection, then KW Motors may charge the Customer reasonable storage fees up to $15 per day for each day the vehicle is stored on its premises until the Price is paid in full and the vehicle is collected.
If the Price remains unpaid for 2 months or more after it was due and payable, KW Motors is entitled to a lien on the vehicle in accordance with Section 341 of the Contract and Commercial Law Act 2017.
No Set Off
The Customer shall not be entitled to set off against or deduct from the Price any sum(s) owed or claimed to be owed by KW Motors to the Customer, or withhold any part of the Price because the Invoice is in dispute.
The legal ownership and title of the Parts shall not pass from KW Motors to the Customer until the Customer has paid the Price and discharged all its obligation to KW Motors.
The risk of any loss, damage or deterioration of the Parts supplied by KW Motors shall pass to the Customer on collection of the vehicle.
If the Customer instructs KW Motors to perform temporary repairs on the vehicle, KW Motor will offer no guarantee on the reoccurrence of the initial fault or any further damage caused. KW Motors undertakes to advise the Customer of the fault and shall provide the Customer with an Estimate for the full repair of the vehicle.
It is the Customer’s responsibility to remove any valuables or items from the vehicle prior to the Service. KW Motors accepts no responsibility for any valuable or other items left in the Customer’s vehicle.
It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (this includes but is not limited to fire, theft, accident and all other risk) while stored within or around the KW Motors premises.
KW Motors accepts no responsibility for any loss or damage to a Customer’s vehicle left at KW Motors, unless caused by the negligence of KW Motors or its employees.
Subject to the conditions of warranty set out the bottom the Invoice issued by KW Motors, KW Motors warrants that all:
The Customer shall notify KW Motors of any alleged damage or defect in the Parts and / or Service provided by KW Motors within a reasonable time the damage or defect becomes apparent or would have become apparent to a reasonable user of the vehicle. KW Motors shall be entitled to inspect the alleged damage or defect in the Parts and / or Service and be provided an opportunity to either repair and / or replace the Parts and / or Service.
KW Motors shall not be liable for any cost or expense incurred by the Customer in rectifying the alleged damage or defect with a third party if the Customer fails to inform KW Motors of the alleged damage or defect or fails to provide KW Motors an opportunity to repair and or replace the alleged damaged or defective Parts and / or Service, unless otherwise agreed in writing.
KW Motor’s liability shall be limited to the Price paid by the Customer for the relevant Parts and Service. KW Motors shall not be liable to compensate the Customer for any delay in either replacing or repairing the Parts and / or Service, or in assessing the Customer’s warranty claim.
The warranty shall not cover any loss, damage or defect to the vehicle which may have been caused by:
The warranty shall cease and KW Motors shall thereafter not be liable under the terms of warranty if the workmanship is repaired, altered or overhauled by the Customer or any third party without obtaining the prior written consent of KW Motors.
The Customer authorise KW Motors, its employees and authorised agents to access, collect, retain and use information about the Customer for the purposes of communication with the Customer, assessing the Customer’s credit worthiness and marketing Services to the Customer. This information includes but is not limited to the Customer’s:
Only the Customer shall have the right to request KW Motors to provide a copy of the information about the Parts and / or Service relating to the Customer and / or their respective vehicle(s). For clarity, the Customer is the person(s) or company who engaged the Services of KW Motors and paid the Price, not necessarily the legally registered owner of the vehicle or the person who dropped and collected the vehicle from KW Motors.
Only the Customer shall have the right to request KW Motors to correct any information about the Customer and / or their respective vehicle(s) held by KW Motors.
Law / Jurisdiction
The Agreement shall be governed by the laws of New Zealand and is subject to the jurisdiction of the Courts of New Zealand.
The KW Motors Terms of Trade and any written document(s) issued by KW Motors (including but is not limited to Estimates and Invoices) shall constitute the entire agreement between KW Motors and the Customer and it shall supersede and extinguish all prior agreements, arrangements, understandings or representations between the parties relating to the relevant matter.
No delay, grant of time, release, compromise or other indulgence by either KW Motors or the Customer with respect to any breach of either KW Motors or the Customer’s obligation under this Agreement shall operate as a waiver of their right, nor shall affect its subsequent enforcement of the obligation.
The Customer may not assign or otherwise transfer any or all their rights and obligations under this Agreement without the prior written consent of KW Motors. KW Motors may license and / or assign all or any part of its rights or obligations under this Agreement without the Customer’s consent.
Limit of Liability
KW Motors liability shall be limited to the Price paid by the Customer for the relevant Parts and / or Service. KW Motors shall under no circumstance be liable for any indirect and / or consequential loss or damage (including but not limited to loss of use of vehicle or profit) suffered by the Customer as a result of a defect and / or damage arising out of the Parts and /or Service provided by KW Motors.
KW Motors may sub-contract out any part of the Service without the consent of the Customer but shall not be relieved from any liability or obligation under these Terms of Trade.
KW Motors reserves the right to review, modify, amend or otherwise update the Terms of Trade in whole or part from time to time, by posting the updated the Terms of Trade on its Website (kwmotors.co.nz) or displaying the physical copy of the Terms of Trade at its Reception.
Notwithstanding any other provision in this agreement, the non-performance of any obligation by KW Motors or the Customer will be excused without any liability, during the time and to the extent performance is prevented by a Force Majeure Event. This includes but is not limited to an act of God, fire, flood, war, lock-down, terrorism or any other event beyond the reasonable control of either party.