The Local Garage Auckland Ltd L.G.A. Ltd Terms and Conditions
The following terms and conditions are in place to ensure we maintain a safe and fair workshop.
Acceptance of Terms and Conditions
- As a customer of LGA Ltd you accept these terms and conditions.
- These Terms and Conditions have the following expressions and meanings:
- ‘Service’, ‘Services’ means any service that is provided by the LGA Ltd;
- ‘We’ and ‘Us’ and ‘Our’ are reference to LGA Ltd;
- ‘You’ and ‘Your’ are reference to users of LGA Ltd;
- ‘Website’ means the LGA Ltd website;
- ‘Product’ means any product that is offered for repair or service and/or purchase by LGA Ltd;
- ‘Customer’, ‘Customers’ includes any person buying a service from the LGA Ltd;
Changes to Terms and Conditions: These terms and conditions may be changed from time to time. All changes will be effective immediately upon posting changes on the website. It is the responsibility of all LGA Ltd customers to be familiar with the latest terms and conditions. Your on-going use of the LGA Ltd services represents your agreement to these terms and conditions.
Price: All prices published on the LGA Ltd website are in New Zealand dollars and exclude 15% Goods and Services Tax (GST).
All pricing given over the telephone are estimates only, for accuracy you will be given a written quote after our team accesses your vehicle onsite.
Confirmation of Order: All customers, including corporate customers, will receive an invoice confirmation via e-mail when their vehicle is ready for collection. Customers following credit card payment will also receive an invoice with their order.
Payment Terms: We accept cash and credit card payments for services and repairs, full payment is required upon pickup of your vehicle. Your vehicle will not be released until the full payment is complete. Please do not ask for credit as refusal may offend.
LGA Ltd estimated Price which shall not be deemed binding upon LGA Ltd as the actual Price can only be determined upon completion of the Works. LGA Ltd undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate.
LGA Ltd quoted Price which shall be binding upon LGA Ltd provided that the Customer shall accept the LGA Ltd quotation in writing within (30) days of issue. LGA Ltd reserves the right to change the Price in the event of a variation to LGA Ltd quotation.
Safety: You enter our workshop at your own risk, although your safety is paramount we as that you do not loiter on the workshop floor please remain in the reception for your own safety.
Product Guarantee: All products are guaranteed free of any manufacturing defects for a period of 6 months (unless stated otherwise). In the event that you experience any product issues/problems please call us first and we will advise of the correct measures to remedy such problems. Our sole obligation will be to repair or replace any defective merchandise due to any manufacturing defects so long as the product has been used correctly with LGA Ltd recommendations. LGA Ltd does not warrant damage resulting from misuse, incorrect installation or improper storage. LGA Ltd is not liable for any incidental or consequential damage.
Subject to the conditions of warranty set out LGA Ltd warrants that if any defect in any workmanship of LGA Ltd becomes apparent and is reported to LGA Ltd within the earlier of twelve (12) months of the date of delivery or 20,000 kilometres (time being of the essence) then LGA Ltd will either (at LGA Ltd sole discretion) replace or remedy the workmanship.
The conditions applicable to the warranty given are;
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Works; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or
(iii) any use of any Works otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) The warranty shall cease and LGA Ltd shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without LGA Ltd consent.
(c) In respect of all claims LGA Ltd shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
For Parts not manufactured by LGA Ltd, the warranty shall be the current warranty provided by the manufacturer of the Parts. LGA Ltd 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 Parts.
Second Hand Parts: In the case of second hand parts, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults, as is and acknowledges that no warranty is given by LGA Ltd as to the quality or suitability of the Part(s) for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. LGA Ltd shall not be responsible for any consequential loss or damage howsoever arising out of the use of second hand Parts.
Return Policy: Any claims against purchases from LGA Ltd must be made within 7 days, except where the claim is for a product manufacturing defect which products are guaranteed free of for a period of 6 months.(unless stated otherwise) Prior to returning goods all customers must first contact LGA Ltd customer support and advise of the return of goods. In the event that a qualified LGA Ltd technician finds no fault with the product, it may be returned to you at the discretion of LGA Ltd with no refund provided.
Loan Vehicles: Where a Loan Vehicle is supplied to Customer the Loan Vehicle may only be driven during the period of hire/loan and is returnable at the demand of The Local Garage Auckland Ltd. No persons other than Customer may operate the Loan Vehicle unless otherwise agreed between LGA Ltd and Customer. Customer and all permitted drivers must hold a valid New Zealand drivers licence and must meet LGA Ltd insurance requirements with respect to their ability and eligibility to drive the Loan Vehicle.
Obligations: Customer: While your vehicle is in our workshop all vehicles are stored and driven at the owners risk. When leaving your vehicle at LGA Ltd ensure that all valuables are removed as we will not be responsible for the vehicles contents. While will attempt to put right any issues that may arise of our negligence we will not be liable for any loss or damage to the vehicle or property stolen, damaged or lost while in our care. Leaving your vehicle at our workshop is conformation that you agree to these LGA Ltd terms.
(a) acknowledges that they will be liable for any loss or damage to the Loan Vehicle (including but not limited to any consequential loss and resulting insurance excess) occurring in or as a result of the time the vehicle is hired or loaned by Customer. Should any insurance claim be rejected or held invalid Customer will be liable to LGA Ltd for the full cost of repairing or replacing the Loan Vehicle (whichever is lesser); (b) Must operate the Loan Vehicle with all reasonable care and skill and must ensure the Loan Vehicle is stored securely when not in use; (c) Will not alter the Loan Vehicle in any way during the period of hire/loan; (d) Must comply with all maintenance and cleaning instructions supplied by LGA Ltd to Customer from time to time. LGA Ltd reserves the right to charge Customer any actual costs incurred in restoring the Loan Vehicle to the same standard before it was hired/loaned to Customer (including but not limited to the cost to clean the vehicle); and (e) Will be liable for any parking or traffic infringements or related impoundment towage and storage costs.
LGA Ltd may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
In the event of any breach of this contract by LGA Ltd the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Parts.
LGA Ltd shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by LGA Ltd of these terms and conditions.
The Customer hereby disclaims any right to rescind, or cancel any contract with LGA Ltd or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by LGA Ltd and the Customer acknowledges that the Works are bought relying solely upon the Customer’s skill and judgement.
Consumer Guarantees Act 1993: If the Customer is acquiring parts for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of parts by LGA Ltd to the Customer.
Unpaid Seller’s Rights: Where the Customer has left any vehicle or item for repair, modification, exchange or for the Mechanic to perform any other services in relation to the vehicle and the Mechanic has not received or been tendered the whole of the price, or the payment has been dis-honored, The Mechanic shall have: A lien on the vehicle or item. The right to retain the vehicle or item for the price while the Mechanic is in possession of the vehicle. A right to sell the vehicle or item in accordance with the provisions of the Wages Protection and Contractor’s Lien Act, Repeal Act 1987 and may claim from the customer any monies that remain owing to the Mechanic after such disposal.
Emails, Newsletters and Product Reminders: LGA Ltd may send you emails relating to products, transactions and other activities on the website, and for promoting and marketing other LGA Ltd products and services to you including new product lines or product specials on offer. LGA Ltd may also send regular electronic newsletters to customers. Newsletters will contain clear and obvious instructions on how you can unsubscribe from the mailing list. You may also receive a reminder notices for WOF or servicing. If you do not wish to receive these reminders, please contact us at email@example.com to have your name deleted from our recall/reminder list.
Indemnity: Except where we have expressly accepted responsibility to you under these Terms, you will keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of our services or any failure by you to comply with these Terms.
Termination: We reserve the sole discretion, without notice, to terminate your account and ability to use our services if we believe that you have breached these Terms and Conditions. We may also in our sole discretion and without notice to you, stop providing some or all of the product and/or services of LGA Ltd as a whole. Any termination by us under this term will not affect any rights or responsibilities which are intended to continue, or come into force after that time.
Force Majeure: Neither party shall be liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of either party.
Intellectual Property Rights: LGA Ltd own all proprietary and intellectual property rights on and in the LGA Ltd website (including text, content, graphics, logos, images, icons) forming LGA Ltd product and services. You may not without our prior written permission, in any form or by any means copy, reproduce, adapt, display, distribute, publish or create derivative works from any part of the LGA Ltd website or commercialise, copy, or on-sell any information, or items obtained from any part of the LGA Ltd website.
General Terms: In the event of a dispute arising in relation to these Terms and Conditions, the New Zealand courts will have non-exclusive jurisdiction over such a dispute. If we do not exercise or enforce any right available to us under these Terms, this does not constitute a waiver by us of those rights. We may transfer this agreement or any benefit or obligation of this agreement to any person without notice to you. You may not transfer any benefit or obligation to any other person without our written consent. Each part of these Terms is separately binding. If for any reason any part cannot be relied on, all other parts remain binding.
Privacy Act 1993: If You are an individual, You have rights under the Privacy Act 1993 to access information held by Us, and to request the correction of such personal information. In respect of such personal information, You:
- Authorise Us to obtain personal information about You, via Your Registration Form and Your use of Mobile Mechanical Solutions Ltd and Our Services.
- Authorise Us to use Your personal information for direct marketing and promotional activities, research and development purposes, identity verification, and otherwise in respect of the provision of Our Services to You.
- Agree that further notification to You of the purpose of the collection of Your personal information is unnecessary and non-compliance with the requirements of Principle 3 of the Privacy Act 1993 is authorised.