General Terms
Acceptance of a contract ("The Contract") between AutoBase and another party ("The Company") shall be
deemed to be complete upon The Company signing the "Contract of Services" or otherwise accepting, whether
verbally or in writing or electronically, services to be provided by AutoBase. The items contained in
the "Contract of Services", together with these "Terms and Conditions" and notices shall be
the conditions of The Contract. All other conditions, warranties, descriptions, representations and
agreements whether express or implied or otherwise are hereby excluded except when received by
The Company from AutoBase in writing. No agent or representative of AutoBase is authorised to make any
representations, statements, conditions or agreements not expressly confirmed by AutoBase in writing
and AutoBase is in no way bound by any such unauthorised statements nor shall any such statements form,
or be capable of being taken to form part of a contract with AutoBase.
If you are advertising on Trade Me through AutoBase you agree to be bound by
the Terms and Conditions
of use of the Trade Me website. AutoBase will use its best efforts to communicate these
obligations to you and to work with you to remedy any breach that may occur. Trade Me reserves the
right to refuse listings for any Registered Motor Vehicle Trader who breaches those
Terms and Conditions.
To use this service to advertise cars, you must be a registered motor vehicle trader as listed
on www.motortraders.med.govt.nz.
Delivery
Delivery of service will be deemed as being made when information received from The Company (by any
means or from it's agent) is loaded on the AutoBase website and is available to be viewed by any person
having the necessary equipment and access to the Internet. Delivery can also be deemed as being made
when a service is put in place by AutoBase and the appropriate password(s) and/or login name(s) are
given either verbally or in writing (electronically or otherwise) to The Company. AutoBase reserves
the right to deliver the goods or services by instalments. AutoBase may withhold delivery until all
or any requirements of AutoBase have been met. The cost of delivery will be charged to The Company
unless otherwise specified.
Cost of Services
All published costs for services provided by AutoBase ("Costs") are indications only. Costs are therefore
subject to alteration without prior notice and are accepted for delivery of services, at the Costs
ruling at the time of delivery. Every effort will be made to keep The Company informed of variations.
The Company shall pay to AutoBase upon demand an amount equal to the goods and services tax (if any)
payable by AutoBase in respect of goods or services supplied to The Company. The Company without deduction
of any kind shall tender the entire invoiced costs.
Advertising Rate may be subject to alteration at any time and The Company agrees to pay the current
rate of service(s). AutoBase makes every effort to inform you of any variation to rates and charges
however you are ultimately responsible to ensure you are aware of all rates and charges at all times.
Terms of Payment
Payment of the Costs is due immediately on invoice unless varied in writing by AutoBase.
If AutoBase does not receive payment on due date interest may be charged at (what
is, in the reasonable opinion of AutoBase) the prevailing market interest rate of
such defaults on any amount not received. If The Company defaults in any payments
of or if The Company commits any act of bankruptcy or (if The Company) does any
act which would render it liable to be wound up or have a receiver appointed, AutoBase
may terminate The Contract without prejudice to any other rights it may have and
payment of all Costs shall immediately become due and payable by The Company. If
The Company is not able to immediately pay the amount due to AutoBase (including
any late payment penalty, collection costs and interest charged) then the person(s)
who agreed to, or accepted the services from AutoBase on behalf of The Company and/or
Directors and/or Shareholders of The Company are personally liable for all amounts
as determined by AutoBase.
Obligation
The Company accepts that it is responsible for the accuracy of the information displayed
and will use its best endeavours to keep the information displayed current and acknowledges
that it will not advertise vehicles on the website that are not currently available
for purchase by consumers.
Listings
By listing any item on AutoBase you accept the following:
- You will maintain stock at least once a week and delete sold vehicles as soon as possible.
- All listings supplied will be accurate, legally compliant and not contain any offensive or otherwise objectionable content.
- You agree not to withdraw and re-list items in order to artificially elevate the listing presence on the Trade Me Motors or AutoBase websites.
- You agree not to display any URLs, including any hyperlinks to websites, within a Trade Me Motors listing unless you have written authorisation from AutoBase.
- You must not use this service to promote any item other than the item for sale in your listing.
- You agree not to include your email address, phone number or any other contact detail within the description of listings or listing comments or photos.
- We reserve the right to withdraw any listing that is not listed in the most relevant category or does not, at our sole discretion, meet our terms and conditions or minimum quality requirements.
Risk
Risk of any loss, damage or deterioration of or to the services provided by AutoBase shall be born by
The Company from the time of initiation.
Cancellation of Services by The Company
Any time prior to the expiration of the ‘Minimum Advertising Period’ the balance of contract period is
payable upon cancellation. Outside of the ‘Minimum Advertising Period’, one calendar month’s notice in
writing is required to cancel services.
Cancellation of Services by AutoBase
AutoBase reserves the right to terminate a contract without further notice, should in AutoBase's opinion,
any breach of the AutoBase Terms and Conditions or the
Trade Me Terms and Conditions be deemed to have occurred.
Property
Ownership and the title of the goods or services including any electronic or intellectual
property shall remain with AutoBase until the Costs or all services and all other
monies owing by The Company to AutoBase in respect of goods and/or services shall
have been paid notwithstanding that goods and services may have been sooner given
into The Company's possession. Until such payment is made in full: The Company shall
have no power to charge, encumber, transfer or assign the goods or services to any
other person for the purpose of raising money; if any of the goods or services are
sold or otherwise disposed of by The Company (such as an Internet site developed
and/or hosted by AutoBase), before title passes in accordance with this clause,
then The Company shall hold the proceeds of such sale or disposition separate upon
trust for AutoBase and shall be accountable for such proceeds until the Costs of
service and all other monies owing by The Company to AutoBase in respect of goods
and services shall have been paid in full. In this clause "disposition" shall, without
limiting the same, be deemed to include leasing or hireage by The Company to any
third party. This clause does not include any electronic property that AutoBase
may possess or retain on behalf of the Company including vehicle information, vehicle
photographs (digital or otherwise), logos, graphics or any other software system(s),
Internet site, intellectual property or any other item (electronic or not) unless
specifically noted by AutoBase in writing to the Company. If there is no agreement
in place then all property held by AutoBase on behalf of The Company will be deemed
to be owned by AutoBase. If provision or part thereof of this clause shall be invalid,
void, illegal or unenforceable, the validity, existence, legality and enforceability
of the remaining provisions shall not be affected, prejudiced or impaired.
Waiver
All the original rights, powers, exemptions and remedies of AutoBase shall remain
in full force notwithstanding any neglect, forbearance or delay in the enforcement
thereof. No waiver of a breach of any provision of these Terms and Conditions will
constitute a waiver of any other breach of that provision.
Agreement
These Terms and Conditions of Operation are effective from the date The Company
orders or agrees to AutoBase supplying any goods or services.