Please read below for the Gisborne Collision Centre Terms of Trade.

1. Definitions

1.1 “Gisborne Collision Centre” shall mean Gisborne Collision Centre Ltd its successors and assigns or any person acting on behalf of and with the authority of Gisborne Collision Centre Ltd.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Gisborne Collision Centre to the Client.
1.3 “Guarantor” shall mean that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Equipment” shall mean all Equipment including any accessories supplied on hire by Gisborne Collision Centre to the Client (and where the context so permits shall include any supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Gisborne Collision Centre to the Client.
1.5 “Goods” shall mean all Goods supplied by Gisborne Collision Centre to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by DJ Mac Panel and Paint to the Client.
1.6 “Services” shall mean all services supplied by Gisborne Collision Centre to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.7 “Price” shall mean the price payable for the Goods as agreed between DJ Mac Panel and Paint and the Client in accordance with clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by Gisborne Collision Centre from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Gisborne Collision Centre shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Gisborne Collision Centre.
2.4 The Client shall give Gisborne Collision Centrenot less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to,
changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Gisborne Collision Centre as a result of the Client’s failure to comply with this clause.
2.5 Goods are supplied by Gisborne Collision Centre only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

3.    Price And Payment

3.1 At Gisborne Collision Centre’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by Gisborne Collision Centre to the Client in respect of Goods supplied; or
(b) Gisborne Collision Centre’s quoted Price (subject to clause 3.2) which shall be binding upon Gisborne Collision Centre provided that the Client shall accept Gisborne Collision Centres’ quotation in writing within thirty (30) days.
3.2 Gisborne Collision Centre reserves the right to change the Price in the event of a variation to Gisborne Collision Centre’s quotation.
3.3 At Gisborne Collision Centre’s sole discretion a non-refundable deposit may be required.
3.4 At the Gisborne Collision Centre’s sole discretion payment shall be due on completion of the Services.
3.5 At Gisborne Collision Centre’s sole discretion payment for approved Clients shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
3.6 Payment will be made by cash, EFTPOS or credit card, or by direct credit, or by any other method as agreed to between the Client and Gisborne Collision Centre.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods

4.1 At Gisborne Collision Centre’s sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Gisborne Collision Centre or Gisborne Collision Centre’ nominated carrier).
4.2 At Gisborne Collision Centre’s sole discretion the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price.
4.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Gisborne Collision Centre shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 The failure of Gisborne Collision Centre to deliver shall not entitle either party to treat this contract as repudiated.
4.6 Gisborne Collision Centre shall not be liable for any loss or damage whatsoever due to failure by Gisborne Collision Centre to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Gisborne Collision Centre.

5. Risk

5.1If Gisborne Collision Centreretains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Gisborne Collision Centre is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Gisborne Collision Centre is sufficient evidence of Gisborne Collision Centre’ rights to receive the insurance proceeds without the need for any person dealing with Gisborne Collision Centre to make further enquiries.
5.3 The Client acknowledges that Goods supplied may exhibit variations in shade, colour, surface and finish, from other panels of the vehicle due to weathering, age or wear and tear. Gisborne Collision Centre will make every effort to match the colours to other panels in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.

6. Title

6.1 Gisborne Collision Centre and Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Gisborne Collision Centre all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to Gisborne Collision Centre in respect of all contracts between Gisborne Collision Centre and the Client.
6.2 Receipt by Gisborne Collision Centre of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Gisborne Collision Centre’ ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Gisborne Collision Centre shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from DJ Mac Panel and Paint to the Client Gisborne Collision Centre may give notice in writing to the Client to return the Goods or any of them to Gisborne Collision Centre. Upon such notice being given the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) the Client is only a bailee of the Goods and until such time as Gisborne Collision Centre has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Gisborne Collision Centre for the Goods, on trust for Gisborne Collision Centre; and
(d) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Gisborne Collision Centre will be the owner of the end products; and
(e) if the Client fails to return the Goods to Gisborne Collision Centre then Gisborne Collision Centre or Gisborne Collision Centre’ agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods, and Gisborne Collision Centre will not be liable
for any reasonable loss or damage suffered as a result of any action by Gisborne Collision Centre under this clause.

7.  Personal Property Securities Act 1999 (“PPSA”)

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7.1 Upon assenting to these terms and conditions in writing, the Client acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods previously supplied by Gisborne Collision Centre to the Client (if any) and all Goods that will be supplied in the future by Gisborne Collision Centre to the Client.

7.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Gisborne Collision Centre may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Gisborne Collision Centre for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of Gisborne Collision Centre; and
(d) immediately advise Gisborne Collision Centre of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

7.3 Gisborne Collision Centre and the Client agree that nothing in sections 114(1)(a), 133, and 134 of the PPSA shall apply to these terms and conditions.
7.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
7.5 Unless otherwise agreed to in writing by Gisborne Collision Centre, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
7.6 The Client shall unconditionally ratify any actions taken by Gisborne Collision Centre under clauses 7.1 to 7.5.

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8. Security And Charge​

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8.1 Despite anything to the contrary contained herein or any other rights which Gisborne Collision Centre may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty, or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interests in the said land, realty, or any other asset to Gisborne Collision Centre or Gisborne Collision Centre’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Gisborne Collision Centre (or Gisborne Collision Centre’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Gisborne Collision Centre elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Gisborne Collision Centre from and against all of Gisborne Collision Centre’s costs and disbursements, including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate, constitute, and appoint Gisborne Collision Centre or Gisborne Collision Centre’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 8.1.

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9. Client’s Disclaimer

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9.1 The Client hereby disclaims any right to rescind or cancel any contract with Gisborne Collision Centre or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by Gisborne Collision Centre, and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.

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10. Defects

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10.1 The Client shall inspect the Goods on delivery and shall within three (3) business days of delivery (time being of the essence) notify Gisborne Collision Centre of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Client shall afford Gisborne Collision Centre an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Gisborne Collision Centre has agreed in writing that the Client is entitled to reject, Gisborne Collision Centre’s liability is limited to either (at Gisborne Collision Centre’s discretion) replacing the Goods or repairing the Goods.

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11. Returns

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11.1 Returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 10.1; and
(b) Gisborne Collision Centre has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Client’s cost within three (3) business days of the delivery date; and
(d) Gisborne Collision Centre will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonably possible in the circumstances.

11.2 Gisborne Collision Centre may (in its discretion) accept the return of Goods for credit, but this may incur a handling fee of twenty-five percent (25%) of the value of the returned Goods plus any freight.
11.3 Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.

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12. Warranty​

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12.1 Gisborne Collision Centre provides a 12 months’ guarantee on repairs and a lifetime warranty on all paintwork as supported by the paint companies code of ethics.
12.2 For Goods not manufactured by Gisborne Collision Centre, the warranty shall be the current warranty provided by the manufacturer of the Goods. Gisborne Collision Centre shall not be bound by nor be responsible for any term, condition, representation, or warranty other than that which is given by the manufacturer of the Goods.

13. Consumer Guarantees Act 1993

13.1If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Gisborne Collision Centre to the Client.

14. Intellectual Property

14.1 Where Gisborne Collision Centre has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Gisborne Collision Centre, and shall only be used by the Client at Gisborne Collision Centre’ discretion.
14.2 The Client warrants that all designs, logos or instructions to Gisborne Collision Centre will not cause Gisborne Collision Centre to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Gisborne Collision Centre against any action taken by a third party against Gisborne Collision Centre  in respect of any such infringement.
14.3 The Client agrees that Gisborne Collision Centre may use any documents, designs, drawings or Goods created by Gisborne Collision Centre for the purposes of advertising, marketing, or entry into any competition.

15. Default & Consequences Of Default

15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Gisborne Collision Centre’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Gisborne Collision Centre.
15.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Gisborne Collision Centre from and against all costs and disbursements incurred by Gisborne Collision Centre in pursuing the debt including legal costs on a solicitor and own client basis and Gisborne Collision Centre’ collection agency costs.
15.4 Without prejudice to any other remedies Gisborne Collision Centre may have, if at any time the Client is in breach of any obligation (including those relating to payment) Gisborne Collision Centre may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. DJ Mac Panel and Paint will not be liable to the Client for any loss or damage the Client suffers because Gisborne Collision Centre has exercised its rights under this clause.
15.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
15.6 Without prejudice to Gisborne Collision Centre’s other remedies at law Gisborne Collision Centre shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Gisborne Collision Centre shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Gisborne Collision Centre becomes overdue, or in Gisborne Collision Centre's opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

16. Cancellation

16.1 Gisborne Collision Centre may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Gisborne Collision Centre shall repay to the Client any sums paid in respect of the Price. Gisborne Collision Centre shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.2 In the event that the Client cancels delivery of the Goods the Client shall be liable for any loss incurred by Gisborne Collision Centre (including, but not limited to, any loss of profits) up to the time of cancellation.
16.3 Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.

17. Privacy Act 1993

17.1The Client and the Guarantor/s (if separate to the Client) authorises DJ Mac Panel and Paint to:
(a) collect, retain and use any information about the Client and/or Guarantors, for the purpose of assessing the Client’s and/or Guarantors creditworthiness or marketing products and services to the Client and/or Guarantors; and
(b)  disclose information about the Client and/or Guarantors, whether collected by Gisborne Collision Centre from the Client and/or Guarantors directly or obtained by Gisborne Collision Centre from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a
default by the Client and/or Guarantors.
17.2 Where the Client and/or Guarantors are an individual the authorities under clause 17.1 are authorities or consents for the purposes of the Privacy Act 1993.
17.3 The Client and/or Guarantors shall have the right to request DJ Mac Panel and Paint for a copy of the information about the Client and/or Guarantors retained by Gisborne Collision Centre and the right to request DJ Mac Panel and Paint to correct any incorrect information about the Client and/or Guarantors held by Gisborne Collision Centre.

18. Equipment Hire

18.1 The Equipment shall at all times remain the property of Gisborne Collision Centre and is returnable on demand by Gisborne Collision Centre. In the event that the Equipment is not returned to Gisborne Collision Centre in the condition in which it was delivered Gisborne Collision Centre retains the right to charge the Price of repair or replacement of the Equipment.
18.2  The Client shall;
(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment.
(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Gisborne Collision Centre to the Client.
18.3 The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, Gisborne Collision Centre’ interest in the Equipment and agrees to indemnify Gisborne Collision Centre against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

19. Unpaid Gisborne Collision Centre’s Rights

19.1 Where the Client has left any item with Gisborne Collision Centre for repair, modification, exchange or for Gisborne Collision Centre to perform any other Service in relation to the item and Gisborne Collision Centre has not received or been tendered the whole of the Price, or the payment has been dishonoured, Gisborne Collision Centre shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while Gisborne Collision Centre is in possession of the item;
(c) a right to sell the item.
19.2 The lien of Gisborne Collision Centre shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

20. General

20.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.2  These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

20.3 Gisborne Collision Centre shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Gisborne Collision Centre of these terms and conditions.
20.4 In the event of any breach of this contract by Gisborne Collision Centre the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
20.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Gisborne Collision Centre nor to withhold payment of any invoice because part of that invoice is in dispute.
20.6 Gisborne Collision Centre may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
20.7 Gisborne Collision Centre reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Gisborne Collision Centre notifies the Client of such change.
20.8 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
20.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
20.10 The failure by Gisborne Collision Centre to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Gisborne Collision Centre’s right to subsequently enforce that provision.