Jetset Automotive Terms and Conditions

By accessing the Jetset Automotive website, requesting a quote or estimate, booking a vehicle, supplying a vehicle to Jetset Automotive, or engaging Jetset Automotive to perform any work, inspection, repair, maintenance, diagnosis, grooming, transport or related service, you agree to these Terms and Conditions.

1. Definitions

For the purposes of these Terms:

Jetset Automotive, we, us and our means Jetset Automotive and its authorised employees, contractors and agents.

Customer, you and your means the person or legal entity requesting, authorising or receiving goods or services from Jetset Automotive.

Where the same legal entity operates through multiple:

• trading names;

• brands;

• divisions;

• departments;

• fleet names;

• business units; or

• operating names,

all such operations will be treated as the same Customer for the purposes of payment, credit, overdue accounts, suspension of services, liens and rights of retention.

Different trading names or fleet names do not create separate Customer accounts unless Jetset Automotive expressly agrees otherwise in writing.

Vehicle includes any vehicle, trailer, machinery or other movable property supplied to Jetset Automotive for work or services.

Work includes repairs, inspections, diagnosis, servicing, maintenance, grooming, cleaning, transport, storage, parts supply and any other goods or services supplied by Jetset Automotive.

2. Acceptance of Terms

These Terms apply whenever a Customer:

• books or requests work;

• authorises work;

• delivers or arranges delivery of a vehicle;

• accepts a quote or estimate;

• issues a purchase order;

• instructs Jetset Automotive verbally or electronically;

• allows Jetset Automotive to commence authorised work; or

• otherwise engages Jetset Automotive.

The Customer confirms that it has had a reasonable opportunity to review these Terms before authorising work.

These Terms continue to apply to subsequent work unless otherwise agreed in writing.

3. Customer Authority

The person instructing Jetset Automotive confirms that they:

• own the vehicle; or

• have authority from the owner or person entitled to possession of the vehicle to authorise the work.

Where instructions are provided by an employee, fleet manager, driver, contractor, representative or agent of the Customer, Jetset Automotive may reasonably rely on that person's apparent authority unless advised otherwise in writing.

The Customer is responsible for authorised work requested by its employees, representatives or agents.

The Customer must notify Jetset Automotive if a vehicle is owned, financed, leased or controlled by another party where that information may materially affect authority to authorise the work.

4. Website Use

By using the Jetset Automotive website, you agree to comply with these Terms.

Website information is provided for general information and may be changed without notice.

Jetset Automotive does not guarantee that website information will always be complete, current or continuously available.

5. Cookies

The Jetset Automotive website may use cookies for website functionality, analytics and other legitimate purposes.

Cookies can generally be disabled through your browser settings, although some website functions may then operate differently.

6. Intellectual Property

Unless otherwise stated, Jetset Automotive owns or is licensed to use all intellectual property appearing on its website.

Content may be viewed or printed for personal or internal business purposes.

No material may be copied, sold, republished, redistributed or commercially exploited without Jetset Automotive's written consent.

7. Estimates and Quotes

Prices provided before work commences are estimates unless expressly stated to be a fixed quote.

An estimate is based on the information reasonably available at the time.

The final price may change where:

• additional faults are discovered;

• additional work becomes necessary;

• further parts are required;

• supplied information was incomplete or incorrect;

• customer-supplied parts are unsuitable;

• additional labour is reasonably required; or

• circumstances arise that could not reasonably have been identified beforehand.

Jetset Automotive will seek additional approval before carrying out material additional work beyond the authorised scope.

Approval may be given:

• verbally;

• by email;

• by text message;

• through a purchase order;

• through an electronic booking or management system; or

• by other conduct reasonably demonstrating authorisation.

8. Purchase Orders and Customer Internal Processes

A Customer's internal:

• purchase order process;

• procurement system;

• management approval;

• invoice coding;

• accounting procedure;

• cost-centre allocation;

• fleet approval process; or

• other administrative requirement does not override these Terms unless Jetset Automotive expressly agrees otherwise in writing.

Where work was properly authorised, the Customer cannot refuse or indefinitely delay payment solely because its own internal administrative process was not completed.

The absence of a purchase order does not remove the Customer's obligation to pay for properly authorised work.

9. Parts and Labour

Prices include parts and labour where stated.

Customer-supplied or used parts are supplied and fitted at the Customer's risk unless otherwise agreed.

Jetset Automotive may charge additional labour where customer-supplied parts are:

• incorrect;

• defective;

• incomplete;

• unsuitable; or

• materially more difficult to install than expected.

Any parts supplied by Jetset Automotive remain the property of Jetset Automotive until all amounts owing for those parts have been paid in full, to the extent permitted by law.

10. Payment

Unless Jetset Automotive has approved a credit account or alternative payment arrangement in writing:

Payment is due in full before the vehicle is released.

Payment must be made in cleared funds.

Jetset Automotive is not required to release a vehicle, keys, parts, equipment, property or documentation until amounts due in relation to that vehicle have been paid.

Where credit terms have been approved, payment must be made by the agreed due date.

Providing credit on one occasion does not require Jetset Automotive to provide credit on another occasion.

Jetset Automotive may withdraw, suspend or reduce credit facilities where it reasonably considers there to be an increased payment or credit risk.

11. General and Particular Lien

To the maximum extent permitted by law, Jetset Automotive has a general and particular lien and right of retention over vehicles, goods, keys, parts, equipment and other property belonging to the Customer that are lawfully in Jetset Automotive's possession or control.

Jetset Automotive may retain such property until all amounts then due and payable by that Customer to Jetset Automotive have been paid in full.

This includes amounts arising from:

• the vehicle being retained;

• another vehicle belonging to the same Customer;

• another job;

• another invoice;

• another fleet operated by the same legal Customer;

• another trading name operated by the same legal Customer; or

• another contract between Jetset Automotive and that same Customer.

This clause is intended to create both a particular lien in respect of work performed on the property retained and, to the extent legally enforceable, a contractual general lien for amounts owing by that same Customer.

Jetset Automotive's rights under this clause are additional to any repairer's lien, possessory lien, security interest or other right available under New Zealand law.

Nothing in these Terms authorises Jetset Automotive to retain property belonging to a separate legal entity merely because that entity is commercially associated with the Customer.

12. Fleet and Commercial Accounts

Where a Customer operates multiple vehicles, all work carried out for that Customer may be administered as part of the Customer's overall account.

Where the same legal entity operates vehicles through multiple brands, trading names, fleets, departments or divisions, those operations will be treated as part of the same Customer account unless expressly agreed otherwise in writing.

Separate:

• vehicle registrations;

• job numbers;

• invoices;

• purchase orders;

• drivers;

• brands;

• fleet names;

• departments;

• locations; or

• cost centres

do not by themselves create separate legal Customer accounts.

A payment default relating to one invoice may be treated as a default of the Customer's overall account.

Following default, Jetset Automotive may:

• suspend all further work;

• decline further bookings;

• stop work already underway where reasonably practicable;

• withdraw credit terms;

• require payment in advance;

• require overdue balances to be cleared before accepting further work; and

• exercise any lawful lien or right of retention available to it.

13. Suspension of Work

Jetset Automotive may suspend or refuse work where:

• an invoice is overdue;

• a payment arrangement has been breached;

• an approved credit limit has been exceeded;

• Jetset Automotive reasonably believes there is an increased risk of non-payment;

• materially misleading payment or credit information has been provided;

• the Customer becomes insolvent;

• the Customer enters liquidation, receivership, voluntary administration or a similar process; or

• the Customer materially breaches these Terms.

Suspension does not cancel amounts already owing.

Jetset Automotive is not required to continue providing goods or services on credit while an account remains overdue.

14. Overdue Accounts

An amount becomes overdue immediately after its applicable payment due date.

Jetset Automotive may charge reasonable default interest on overdue amounts at the rate notified on the applicable invoice, account application or credit agreement.

Jetset Automotive may also recover reasonable costs actually incurred in recovering overdue amounts, to the extent permitted by law, including:

• debt collection costs;

• legal costs;

• court or tribunal filing costs;

• enforcement costs;

• administration costs; and

• reasonable vehicle storage or preservation costs.

Payments received may be allocated against outstanding amounts in such reasonable order as Jetset Automotive determines.

Where only part of an account is genuinely disputed, all undisputed amounts remain payable by their normal due date.

A dispute relating to one invoice does not automatically suspend payment obligations relating to other undisputed invoices.

15. Vehicle Release

Vehicles will not be released until payment requirements applying to that vehicle or Customer have been satisfied in accordance with these Terms.

Jetset Automotive may require payment to be received in cleared funds before releasing a vehicle.

A screenshot, remittance advice or statement that payment has been initiated does not require Jetset Automotive to release a vehicle before funds have cleared unless Jetset Automotive agrees otherwise.

Release of one vehicle does not:

• waive an existing debt;

• waive Jetset Automotive's rights regarding another vehicle;

• reinstate suspended credit facilities; or

• prevent Jetset Automotive enforcing these Terms in relation to another default.

16. Vehicle Storage

Vehicles must be collected promptly after the Customer is notified that:

• work is complete;

• work has been suspended;

• Jetset Automotive has declined further work; or

• the vehicle is otherwise available for collection subject to these Terms.

Vehicles remaining with Jetset Automotive more than 24 hours after notification may incur storage charges.

Unless another rate has been agreed or notified, storage may be charged at $50 per vehicle per day.

Storage charges may continue while a vehicle remains lawfully retained due to non-payment.

The Customer is responsible for reasonable costs associated with:

• storage;

• towing;

• relocation;

• preservation;

• security; or

• handling of the vehicle

where those costs arise because of the Customer's failure to pay or collect the vehicle.

Charging storage does not waive Jetset Automotive's lien or other rights.

17. Uncollected Vehicles and Enforcement of Lien

Where Jetset Automotive has carried out work on goods or a vehicle and has a lawful lien over that property, Jetset Automotive may retain possession while the relevant debt remains unpaid.

Where the requirements of the Contract and Commercial Law Act 2017 or any replacement legislation are satisfied, Jetset Automotive may exercise any statutory power of sale available to it.

Any statutory sale will only take place after:

• the applicable statutory waiting period has expired;

• required notices have been given;

• required advertising has been completed; and

• any other applicable statutory procedures have been followed.

Any sale proceeds will be dealt with in accordance with applicable law.

Nothing in these Terms limits any other lawful debt recovery or enforcement remedy available to Jetset Automotive.

18. Security Interests and PPSA

Where Jetset Automotive supplies goods or services on credit, the Customer grants Jetset Automotive a security interest for the purposes of the Personal Property Securities Act 1999 in property supplied by Jetset Automotive and, where legally capable of being subject to such a security interest, relevant Customer property described in the applicable credit or security agreement.

The Customer agrees to provide information and execute or electronically assent to documents reasonably necessary to allow Jetset Automotive to register, maintain or enforce a security interest.

Jetset Automotive may register a financing statement on the Personal Property Securities Register where appropriate.

This clause applies only to the extent permitted by law and does not grant Jetset Automotive an interest in property in which the Customer has no rights.

Nothing in this clause limits any possessory or repairer's lien available to Jetset Automotive.

19. Warranties

Unless a longer period is expressly stated, Jetset Automotive workmanship is warranted for 3 months or 5,000 kilometres, whichever occurs first, from the relevant invoice date.

Parts warranties are subject to the applicable manufacturer's or supplier's warranty conditions.

Warranty claims must be reported promptly.

Jetset Automotive must be given a reasonable opportunity to inspect the alleged issue before repairs are carried out elsewhere.

Warranty does not cover issues resulting from:

• normal wear and tear;

• accident damage;

• misuse;

• neglect;

• modifications;

• unauthorised repairs;

• subsequent work by another person;

• customer-supplied parts; or

• failure unrelated to Jetset Automotive's original work.

Nothing in this clause limits statutory rights that cannot legally be excluded.

20. Risk and Insurance

The Customer remains responsible for maintaining appropriate insurance over its vehicle.

Jetset Automotive will take reasonable care while vehicles are in its possession.

To the extent permitted by law, Jetset Automotive is not responsible for loss or damage caused by events outside its reasonable control, including:

• natural disasters;

• fire not caused by Jetset Automotive;

• third-party criminal acts;

• theft despite reasonable security measures; or

• third-party vehicle damage outside Jetset Automotive's reasonable control.

Customers should remove valuables and personal items from vehicles before leaving them with Jetset Automotive.

21. Test Drives and Vehicle Movement

The Customer authorises Jetset Automotive's employees, contractors and authorised representatives to drive or move the vehicle where reasonably required for:

• diagnosis;

• testing;

• inspection;

• repair;

• servicing;

• WOF or COF purposes;

• delivery;

• relocation;

• refuelling;

• grooming; or

• other authorised work.

The Customer authorises reasonable road testing where necessary to confirm a fault or verify completed work.

22. Consumer Guarantees Act 1993

Where goods or services are supplied to a consumer for personal or household purposes, nothing in these Terms limits rights that cannot lawfully be excluded under the Consumer Guarantees Act 1993.

Where:

• Jetset Automotive and the Customer are both in trade;

• goods or services are supplied and acquired in trade;

• the agreement to contract out is in writing;

• the parties agree that the Consumer Guarantees Act 1993 will not apply; and

• it is fair and reasonable for the parties to be bound by that agreement,

the parties agree to contract out of the Consumer Guarantees Act 1993 to the maximum extent permitted by section 43 of that Act.

23. Complaints and Disputes

Customers should notify Jetset Automotive promptly of any concern relating to completed work.

Jetset Automotive must be given a reasonable opportunity to:

• inspect the vehicle;

• investigate the complaint; and

• where appropriate, remedy any issue for which Jetset Automotive is responsible.

A Customer may not withhold payment of unrelated and undisputed invoices merely because another invoice or job is disputed.

Nothing in this clause prevents either party from using the Disputes Tribunal, courts, mediation or another lawful dispute resolution process.

24. Default

The Customer is in default if:

• an amount is not paid when due;

• an agreed payment arrangement is breached;

• the Customer materially breaches these Terms;

• the Customer exceeds an approved credit limit;

• the Customer becomes insolvent;

• the Customer enters liquidation, receivership, administration or a similar process;

• materially misleading information relating to payment, authority or ownership has been supplied; or

• the Customer unlawfully attempts to remove property subject to Jetset Automotive's lawful possession or lien.

Following default, Jetset Automotive may exercise any rights available to it under these Terms and applicable New Zealand law.

25. No Waiver

If Jetset Automotive:

• extends a payment deadline;

• accepts part-payment;

• continues providing services;

• releases a vehicle;

• delays enforcing a right; or

• provides further credit,

that does not constitute a waiver of any existing debt or future right.

Any waiver must be expressly confirmed by Jetset Automotive in writing.

26. Changes to Credit Terms

Jetset Automotive may review, reduce, suspend or cancel a Customer's credit facility where there are reasonable commercial grounds to do so.

Changes to credit arrangements do not retrospectively alter amounts already due.

Jetset Automotive may require payment in advance for future work following a credit suspension or payment default.

27. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be modified or severed to the minimum extent necessary.

The remaining provisions will continue in effect.

28. Governing Law

These Terms are governed by the laws of New Zealand.

The parties submit to the jurisdiction of the New Zealand courts and tribunals.