Gravel Motor Garage will be referred to as GMG throughout this document.

 

Estimates

Estimates are all exclusive of GST unless indicated. The information provided to you in our estimates is sourced from knowledge and practice. Every project is different and it’s not always possible to foresee the result. All costs estimated might vary as the project advances. We will keep you informed about any variations as regularly as possible.

 

Design / Interpretation

As we understand and have guiding principals concerning Hot rod and custom car design and build which is “form and function” we may undertake work incorporating this design and artistic flare to improve either the look or structural integrity to chassis / body with “artistic license” without the need to consult on every detail

 

Agreement

As our client, you have wholly accepted and are immediately contracted, jointly and severally, by these terms and conditions by leaving your vehicle with us, and/or agreeing to us completing work.

These terms and conditions may only be edited with our consent in writing and prevail over any inconsistency with any other communication or agreement between us.

 

Terms of Payment

GMG manages a fortnightly invoice structure. All work completed within the previous two weeks will be invoiced on the last business day of each fortnight. All invoices are due to be paid within seven days of the date issued. All payments must match the invoice total. If payment has not been made on or before the due date, GMG retains the right to stop all work on your project until the outstanding invoices have been cleared. Unless agreed with our team, if payment has not been made 30 days after the due date, the vehicle will be moved into storage at a rate of $250 plus GST per month from the due date of the invoice.

 

Invoices

All work done within a billing period will be detailed in your invoice.  All expense or materials will be outlined and itemised in each invoice.  For further invoice clarity, you can call our office anytime.

 

Client Concerns

It is paramount to GMG that our clients feel satisfied with their project’s management. If at any point during the course of work you feel that something is incorrect or does not meet your expectation, please contact us to discuss your concerns.

 

Regular Project Communication

We expect our client to be available to discuss the project with us during the course of work.  This is a priority so that any questions, unexpected issues, ideas can be discussed, approved or disapproved, not withstanding the Design / Interpretation clause. If for any reason communication with our team stops without prior agreement all work on that project will stop until reasonable communication has resumed. Unless prearranged with our team, if there is no communication with us for a period of 15 days, all work will stop, and the vehicle will be moved into storage at a rate of $250 plus GST per month from the date of our last recorded communication.

 

Interruptions

Unless discussed and prearranged with our team, any project that has seen postponements in waiting for owner sourced parts or is otherwise delayed, wholly or partially by the owner for more than 15 days, then we have the right to halt work, and may move the vehicle into storage at a rate of $250 plus GST per month.

 

Work after termination

If for any reason, you cancel the project work (and therefore contract) with GMG,  we will be required to complete some additional alterations to preserve the work we have completed, and prepare your vehicle to be collected (eg preparing parts for collection, priming raw metal). We will invoice this work immediately, and it must be paid in full before your vehicle can be collected.

 

Project Parts

GMG is not liable for the integrity or workmanship of client sourced parts that might  be required, or any non-new parts that are supplied or purchased by the client, or by GMG under the direct instruction of the client, or any used or overhauled parts.

 

Unforeseen Damage

GMG is not liable for the damage or breakage of any parts that may be needed for your vehicle, due to age and wear and tear. GMG do accept damage or breakage to any parts due to poor care or accidental damage by us while these parts are in our care.

 

Parts Record

All parts that arrive or are picked up from the workshop must be arranged by appointment. All parts in or out will be documented and photographed so that they can be traced and accounted for.

 

Client Colour Choice

Prior to the final paint commencement, we require the client to make a colour choice. Colour swatches and spray test cards can be used at the clients cost to assist with the paint selection. Once the colour is approved and painting begins, this choice cannot be changed unless the customer is prepared to pay for the full costs of removing the paint, preparing the vehicle for painting and applying the new paint.

 

Social Media

Images of projects created by GMG will remain the rights of GMG, and can be used for advertising on all platforms, printed and digital.

 

Consumer Guarantees Act

GMG will honour our obligations under the Consumer Guarantees Act in respect of all the work carried out. If the client is acquiring Works for the purposes of a trade or business, the Customer

acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply.

 

Limitation of Liability

You agree that our maximum liability to you is limited to the total amount you have paid to GMG for labour across all invoices that you have paid in full and on time during your project.

 

Debt Recovery

You agree to pay the full costs of any debt collection (including legal fees on a solicitor-client basis).

 

Parts Ownership

You agree that ownership of any parts supplied by GMG shall not pass, until (1) you have paid all amounts owing to us in full in cleared funds; and (2) you have met all other obligations you have to us.

 

Lien

Where you have left any item with us (for us to perform services in relation to that item or otherwise) and you have not paid us in full for any amount you owe to us, until full payment is received by us, we have a lien on the item and the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. Our lien shall continue despite the commencement of proceedings, or judgment for any moneys owing to us is obtained against you.

 

Other

The failure by GMG to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.

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.

These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand

We have no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach of these terms and conditions

We may amend these terms and conditions at any time . If we make a change to these terms and conditions, then that change will take effect from the date on which we notify you of such change..

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond the reasonable control of either party.

You warrant, unless disclosed to us in writing, that you are the legal owner of the vehicle and that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, that you are not bankrupt or insolvent and that this agreement creates binding and valid legal obligations.