1. Introduction and Acceptance
Welcome to Rimagpativ Auto Sales. These Terms of Service ("Terms") govern your use of our website, services, and any vehicle purchase or service transactions with Rimagpativ Auto Sales, a registered business operating in Auckland, New Zealand.
By accessing our website, visiting our premises, or engaging with our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.
2. Company Information
3. Services Offered
Rimagpativ Auto Sales provides the following services:
- Sale of used motor vehicles
- Vehicle financing assistance and arrangement
- Trade-in valuations and services
- Vehicle maintenance and repair services
- Vehicle inspection and certification services
- Automotive consulting and advice
- Online information and resources
4. Vehicle Sales Terms
4.1 Vehicle Descriptions and Representations
- All vehicle descriptions, specifications, and representations are provided in good faith based on available information
- We make reasonable efforts to ensure accuracy but recommend independent inspection
- Odometer readings are provided as disclosed by previous owners and may not reflect actual vehicle usage
- Vehicle condition assessments are based on visual inspection and may not identify all potential issues
4.2 Purchase Process
- All vehicle sales are subject to contract completion and full payment
- Prices displayed are in New Zealand dollars and include GST where applicable
- Vehicle availability is subject to prior sale
- Deposits may be required to secure vehicles and are non-refundable unless otherwise agreed
- Final sale completion requires valid identification and proof of insurance
4.3 Payment Terms
- Payment must be made in full before vehicle delivery unless financing is arranged
- Accepted payment methods include bank transfer, certified cheque, and approved financing
- Personal cheques may be accepted subject to clearance before vehicle release
- Credit card payments may be subject to additional fees
5. Warranties and Guarantees
5.1 Consumer Guarantees Act
All vehicles sold are subject to the Consumer Guarantees Act 1993 (New Zealand), which provides certain guarantees regarding:
- Acceptable quality
- Fitness for particular purpose
- Correspondence with description
- Reasonable durability
5.2 Dealer Warranties
- Specific dealer warranties may be offered on certain vehicles
- Warranty terms and conditions will be clearly outlined in the sale agreement
- Warranty coverage may be void if vehicle is modified or not serviced according to manufacturer specifications
- Some vehicles may be sold "as is" with limited warranty coverage
5.3 Manufacturer Warranties
- Existing manufacturer warranties may be transferable subject to manufacturer terms
- We will assist with warranty transfer processes where possible
- Manufacturer warranty claims are handled directly between customer and manufacturer
6. Returns and Cancellations
6.1 Return Policy
- Vehicle returns are generally not accepted unless required by law
- Major defects discovered within reasonable time may qualify for return or replacement
- Return requests must be made in writing with supporting documentation
- Returned vehicles must be in substantially the same condition as when purchased
6.2 Cancellation Rights
- Door-to-door sales may be subject to cooling-off periods under consumer protection laws
- Finance contracts may have specific cancellation rights
- Cancellation requests must comply with applicable consumer protection legislation
7. Financing Services
7.1 Finance Arrangement
- We act as a broker to arrange financing through third-party lenders
- Final finance approval is subject to lender assessment and terms
- Interest rates and terms are determined by the finance provider
- We may receive commission from finance providers
7.2 Credit Checks
- Finance applications require consent for credit history checks
- Credit enquiries may be recorded on your credit file
- Providing false information may result in application rejection
8. Trade-In Services
8.1 Valuation Process
- Trade-in valuations are estimates based on current market conditions
- Final trade-in value is subject to physical inspection
- Valuations may be adjusted based on undisclosed damage or issues
- Trade-in offers are valid for specified periods only
8.2 Trade-In Requirements
- Valid ownership documentation required
- Vehicle must be free of liens and encumbrances
- Current WOF and registration preferred but not required
- All keys and documentation should be provided
9. Service and Maintenance
9.1 Service Terms
- All service work is performed by qualified technicians
- Service estimates are provided in good faith but final costs may vary
- Additional work requires customer approval
- Customer property left on premises is held at owner's risk
9.2 Parts and Labour
- We use genuine or approved aftermarket parts
- Parts and labour warranties apply as specified
- Customer-supplied parts are installed at customer's risk
- Superseded or modified parts may affect warranty coverage
10. Website Use
10.1 Permitted Use
- Website content is for informational purposes only
- Users may not copy, modify, or distribute content without permission
- Commercial use of website content is prohibited
- Users must not attempt to compromise website security
10.2 Content Accuracy
- Website information is updated regularly but may not always be current
- Vehicle specifications and pricing are subject to change
- We are not liable for errors or omissions in website content
- Users should verify important information directly with us
11. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to our privacy practices as outlined in our Privacy Policy.
12. Limitation of Liability
12.1 General Limitations
To the extent permitted by law, our liability is limited as follows:
- We are not liable for indirect, consequential, or punitive damages
- Our total liability for any claim is limited to the amount paid for the relevant service or vehicle
- We are not liable for delays, cancellations, or unavailability of services due to circumstances beyond our control
- Third-party service provider limitations apply to their respective services
12.2 Consumer Rights
Nothing in these Terms limits or excludes any guarantee, condition, warranty, or right that you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable consumer protection laws.
13. Indemnification
You agree to indemnify and hold harmless Rimagpativ Auto Sales, its employees, agents, and representatives from any claims, damages, losses, or expenses arising from:
- Your use of purchased vehicles
- Your violation of these Terms
- Your violation of any applicable laws
- False or misleading information provided by you
14. Dispute Resolution
14.1 Initial Resolution
We are committed to resolving disputes fairly and promptly. If you have a concern:
- Contact us directly to discuss the issue
- We will investigate and respond within 10 business days
- We will work with you to find a mutually acceptable solution
14.2 External Resolution
If we cannot resolve a dispute directly, you may contact:
- Motor Trade Association: For vehicle sales and service disputes
- Commerce Commission: For fair trading and consumer protection issues
- Disputes Tribunal: For claims under $30,000
- Financial Dispute Resolution Service: For finance-related disputes
14.3 Governing Law
These Terms are governed by New Zealand law, and any disputes will be resolved in New Zealand courts.
15. Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, weather events, or acts of God
- Government actions, regulations, or restrictions
- Labour disputes, strikes, or lockouts
- Supply chain disruptions or parts shortages
- Technology failures or cyber attacks
- Public health emergencies or pandemics
16. Intellectual Property
All content on our website and marketing materials, including text, images, logos, and design elements, is protected by copyright and other intellectual property laws. You may not use our intellectual property without written permission.
17. Modifications to Terms
We may update these Terms from time to time. Changes will be posted on our website with the updated effective date. Continued use of our services after changes indicates your acceptance of the updated Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be interpreted in a manner that most closely reflects the original intent.
19. Entire Agreement
These Terms, together with our Privacy Policy and any specific sale or service agreements, constitute the entire agreement between you and Rimagpativ Auto Sales regarding your use of our services.
20. Contact Information
If you have questions about these Terms of Service, please contact us:
21. Consumer Rights Summary
Under New Zealand consumer protection laws, you have rights regarding:
- Quality: Goods must be of acceptable quality
- Fitness: Goods must be fit for their intended purpose
- Description: Goods must match their description
- Durability: Goods must be reasonably durable
- Remedies: Right to repair, replacement, or refund for major failures
For more information about your consumer rights, visit the Commerce Commission website at comcom.govt.nz.