SOUTHEND MOTORS — TERMS & CONDITIONS

About us and these terms

These terms apply to your use of the Southend Motors website and to automotive inspections, diagnostics, servicing, repairs, parts and loan vehicles supplied by our workshops. “Southend Motors”, “we”, “us” and “our” refer to the legal entity operating the workshop that accepts your booking and supplies the relevant goods or services: Island Bay: Sehra Group Ltd, 163 The Parade, Island Bay, Wellington. Te Aro: Baani Auto Group [confirm full registered legal name], 6 Ebor Street, Te Aro, Wellington. Adelaide Road/Newtown: Dominus Auto Ltd, 120 Adelaide Road, Mt Cook, Wellington. The business supplying your services will be identified on your quotation, job authorisation or invoice. We will make these terms available before you authorise work. Specific conditions agreed with you in writing form part of our agreement and take priority over these general terms where they conflict, subject to applicable law.

Your consumer rights

Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including those under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and Privacy Act 2020. Any additional warranty we provide is in addition to your statutory rights.

Website use and information

Our website provides general information about our workshops, services, prices and promotions. Vehicle requirements vary, and website information does not replace an inspection or advice specific to your vehicle. We take reasonable care to keep information accurate. If an error affects your booking, service description or price, we will explain the correction and obtain your agreement before proceeding. You must not misuse the website, interfere with its security or knowingly submit false or unlawful information. Third-party websites linked from our website have their own terms and privacy policies.

Bookings

An online booking submission is a request. Your appointment is confirmed when our team accepts it by telephone, email, text message or our booking system. Unless expressly agreed otherwise, a booking time is your vehicle’s drop-off or assessment time. It does not guarantee an immediate start or completion at a particular time. Please provide accurate contact and vehicle details and advise us of relevant symptoms, warning lights, modifications, previous repairs and known safety concerns. If you arrange work on behalf of another person, business or vehicle owner, you confirm that you have authority to approve that work. We will identify who is responsible for payment before proceeding.

Prices, estimates and quotations

Prices are in New Zealand dollars. Prices displayed to consumers include GST unless clearly stated otherwise. Advertised “from” prices depend on the stated conditions. Vehicle type, oil specification, quantities, parts and additional requirements may affect the applicable price. We will confirm the scope and price before you authorise work. An estimate is an informed assessment of likely cost, rather than a fixed price. We will seek approval before exceeding an agreed spending limit or making a material change to the estimated scope or cost. A quotation is a fixed price for the stated work, subject to its disclosed conditions and validity period. We will not increase an accepted quotation without your agreement to a variation. Where no price has been agreed, we will charge a reasonable price for the work you have authorised.

Work authorisation

Before starting, we will agree the initial scope of work and any applicable diagnostic charge, labour rate or spending limit. Approval may be given in person, by telephone, email, text message or through our booking or job-management system. We may record that approval in your job record. Authorising an inspection or diagnostic assessment does not automatically authorise repairs. If we identify additional work, we will explain our findings and obtain your approval before proceeding outside the agreed scope or spending limit. If we cannot contact you, we may pause the job.

Diagnostics and investigation

Diagnostic work may include scanning, electrical testing, measurements, dismantling and road testing. We will obtain approval for chargeable investigation outside the initial authorisation. Diagnostic charges cover the time, equipment and expertise used. Properly performed, authorised diagnostic work may remain payable even if you decide not to proceed with repairs or the investigation requires further stages. A fault code does not necessarily identify a failed component. Intermittent faults and multiple related faults may require staged investigation. We will explain our findings, limitations and recommended next steps. We remain responsible for performing diagnostic services with reasonable care and skill.

Parts and specialist services

We will supply parts suitable for the agreed purpose. Where relevant, we will discuss genuine, aftermarket, reconditioned or used parts and agree the option to be supplied. We may engage suitably qualified specialists for services such as machining, calibration or specialist repairs. We remain responsible for our obligations to you under our agreement and applicable law. Tell us before work begins if you wish to inspect or collect removed parts. Some parts must be returned under warranty or exchange arrangements, or disposed of safely. We will explain any restrictions.

Customer-supplied parts

We may decline to fit customer-supplied parts that we reasonably consider unsuitable, unsafe or incompatible. Before accepting the job, we will explain any fitting limitations and agree the labour charges. We remain responsible for our workmanship. We are not responsible for a defect in a customer-supplied part that we did not cause, subject to our legal obligations. Additional chargeable work requires your approval.

Completion times

We will use reasonable care to meet agreed completion times. Parts availability, additional faults, specialist work and other circumstances may affect timing. We will advise you of significant delays and discuss the available options. Where no completion time has been agreed, we will complete the services within a reasonable time.

Vehicle handling and road testing

We will advise you of significant safety concerns identified during the agreed work. A service or inspection is limited to its stated scope and does not guarantee that every existing or future fault will be identified. A Warrant of Fitness inspection assesses compliance with the applicable inspection requirements at the time. It is not a comprehensive mechanical assessment or a guarantee of future reliability. We may record any recommended work you decline. We may decline work or road testing that cannot be performed safely or lawfully.

Safety findings and Warrant of Fitness inspections

We will advise you of significant safety concerns identified during the agreed work. A service or inspection is limited to its stated scope and does not guarantee that every existing or future fault will be identified. A Warrant of Fitness inspection assesses compliance with the applicable inspection requirements at the time. It is not a comprehensive mechanical assessment or a guarantee of future reliability. We may record any recommended work you decline. We may decline work or road testing that cannot be performed safely or lawfully.

Deposits, progress payments and credit

We may request a deposit for specially ordered parts or progress payments for substantial work. The amount, due date and relevant cancellation or refund conditions will be explained and agreed before you commit. Deposits and progress payments will be credited against your invoice. Credit facilities, deferred payment and instalment arrangements require prior written approval. Approval for one job does not automatically apply to future work.

Repairer’s lien — retaining possession of a vehicle

Where legally entitled to a repairer’s lien, also called a mechanic’s lien, we may retain possession of your vehicle until the amount secured by that lien is paid. A repairer’s lien may arise where we lawfully possess a vehicle and carry out authorised repairs or improvements to it. It allows us to retain possession as security for qualifying unpaid work and parts supplied for that vehicle. A lien: Does not transfer ownership of your vehicle to us. Does not automatically apply to every inspection, diagnostic or maintenance service. Does not automatically secure unrelated invoices, another vehicle’s debt, storage charges, interest or other additional costs. Generally depends on our maintaining possession of the vehicle. We will exercise a lien only where the legal requirements are satisfied and subject to applicable court or tribunal orders. These terms do not give us an automatic right to repossess a vehicle after voluntarily releasing it. An unpaid debt may still be pursued through lawful recovery procedures.

Disputed invoices

If you disagree with an invoice, contact the workshop manager promptly and identify the charges or work you dispute. We will review the authorisations, job records and invoice and explain our position. Any undisputed amount remains payable when due. A dispute does not automatically extinguish an otherwise valid repairer’s lien. Where legally entitled, we may retain the vehicle while the qualifying repair debt remains unpaid. You may pay under protest, expressly reserving your right to challenge the charges, to obtain release of the vehicle. Such payment does not, by itself, mean you accept the invoice or waive your legal rights. We may also agree another arrangement in writing. Nothing in these terms prevents you from seeking a remedy through the Disputes Tribunal, a court or another available dispute resolution process.

Collection, storage and uncollected vehicles

Please arrange collection promptly after we advise that your vehicle is ready. Storage charges apply only where their rate, start date and conditions have been disclosed and agreed in advance. We will make reasonable efforts to contact you before agreed storage charges begin. We will not impose an undisclosed storage charge or penalty merely because an invoice is disputed. A lien does not give us an immediate or unrestricted right to sell your vehicle. Where a valid lien exists and statutory conditions are satisfied, we may pursue a sale under the Contract and Commercial Law Act 2017. Any sale must comply with the applicable waiting period, notice, auction and sale-proceeds requirements. We will obtain legal advice before taking that step.

Overdue accounts and recovery costs

If an amount lawfully due remains unpaid, we may use lawful debt recovery procedures. We may seek reasonable recovery costs actually incurred only where agreed in advance and legally recoverable. We will not impose arbitrary penalties or recover the same cost more than once.

Cancellations and booking changes

Contact us as soon as possible if you need to cancel or change your booking. Any cancellation fee or responsibility for specially ordered parts must be disclosed and agreed before you commit. Charges must be reasonable, reflect costs we cannot reasonably recover and remain subject to your legal rights. If you cancel after authorised work has started, you may be charged for work properly completed and reasonable, unavoidable costs already incurred, subject to applicable law. If we cancel, we will discuss rescheduling and refund payments for goods or services we will not supply, as required by law.

Concerns, warranties and remedies

If you believe there is a problem with our work or a part we supplied, contact the workshop promptly with your invoice details and a description of the concern. Stop driving if continued use could cause injury or further damage. Contact us or a roadside assistance provider. Where appropriate, give us a reasonable opportunity to inspect the vehicle and address the issue. This does not limit your rights to obtain urgent assistance or another remedy available under law. Any additional parts or workmanship warranty will be explained separately. Your statutory rights are not limited to the duration of an additional warranty.

Loan vehicles — availability and handover

Loan vehicles are subject to availability and a separate handover agreement incorporating the following conditions. Before handover, we will record: The supplying workshop and loan vehicle details. Authorised drivers and applicable eligibility requirements. The agreed return date and time. Fuel or battery charge level, mileage and existing damage. Any loan fee, kilometre allowance and other agreed charges. Applicable insurance arrangements, material exclusions and excess.

Loan vehicles — authorised drivers and use

Only drivers named in the handover agreement may drive the vehicle. Each must hold a current licence valid in New Zealand for that vehicle and meet the eligibility requirements disclosed before handover. Drivers must present their licences for verification and disclose relevant licence conditions or restrictions. The vehicle must be driven lawfully, safely and with reasonable care. It must not be used: By a person impaired by alcohol, drugs or medication. For racing, speed testing, motorsport or driver training. For rideshare, passenger hire, delivery work or sub-hire without written approval. For towing, off-road driving or on unsuitable roads without written approval. For unlawful purposes or carrying unsafe loads. Outside geographical restrictions disclosed in the handover agreement. Seat belts and appropriate child restraints must be used as required by law.

Loan vehicles — care, fuel and ret

Keep the vehicle secure and safeguard its keys. Smoking and vaping are prohibited. Pets require prior approval, except where access is required by law. Do not modify the vehicle or arrange repairs without approval, except where reasonably necessary in an emergency to protect people or prevent further damage. Contact us as soon as practicable. Return the vehicle by the agreed date and time, with the recorded fuel or battery charge level unless otherwise agreed. Extensions require our approval. Any refuelling, charging, late-return or excess-kilometre charge must be disclosed and agreed before it applies. Use the correct fuel and compatible charging equipment. Return all supplied keys, charging cables and accessories. You are not responsible for