1. Definitions

   1. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Coastal Motorhomes to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

      1. if there is more than one Client, is a reference to each Client jointly and severally; and

      2. if the Client is a partnership, it shall bind each partner jointly and severally; and

      3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

      4. includes the Client’s executors, administrators, successors and permitted assigns.

   2. “Coastal Motorhomes” means Coastal Motorhomes & Caravans Limited, its successors and assigns.

   3. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.

   4. “Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Coastal Motorhomes’ website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

   5. “Goods” means all Goods (including, but not limited to, new or used caravans, recreational vehicle (“RV”), accessories, parts or components for repairs etc) or Services supplied by Coastal Motorhomes to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

   6. “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between Coastal Motorhomes and the Client in accordance with clause Error: Reference source not found below.

   7. “Space” means the storage space (as supplied by Coastal Motorhomes) used by the Client to store the Goods.

   8. “Vehicle” shall mean any vehicle, whether it travels on roadways or not and as described in any documentation supplied by Coastal Motorhomes to the Client.

 

2. Acceptance

   1. The parties acknowledge and agree that:

      1. they have read and understood the terms and conditions contained in this Contract; and

      2. the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of the Goods, provision of the Services or accepts the Space supplied on hire by Coastal Motorhomes.

   2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

   3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

   4. The Client acknowledges and accepts that:

      1. the supply of Goods or Services on credit shall not take effect until the Client has completed a credit application with Coastal Motorhomes and it has been approved with a credit limit established for the account;

      2. in the event that the supply of Goods or Services requested exceeds the Client’s credit limit and/or the account exceeds the payment terms Coastal Motorhomes reserves the right to refuse delivery;

      3. the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Coastal Motorhomes reserves the right to vary the Price with alternative Goods as per clause Error: Reference source not found subject to prior confirmation and agreement of both parties; and

      4. Coastal Motorhomes shall be entitled to enter the Space at any time, and by any method, where required to by law or by any legal authority.

   5. Any advice, recommendation, information, assistance or service provided by Coastal Motorhomes in relation to Goods or Services supplied is given in good faith to the Client, or the Client’s agent and is based on Coastal Motorhomes own knowledge and experience and shall be accepted without liability on the part of Coastal Motorhomes. Where such advice or recommendations are not acted upon then Coastal Motorhomes shall require the Client or their agent to authorise commencement of the Services in writing. Coastal Motorhomes shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.

   6. In the event that the Goods provided by Coastal Motorhomes are the subject of an insurance claim that the Client has made, then the Client shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by Coastal Motorhomes and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.

   7. It shall be the Client’s responsibility to assess any pre-existing damage to their Vehicle prior to the commencement of the Services. No claims of any damage will be entertained without proof of the pre-existing state of the Vehicle.

   8. Further to clause It shall be the Client’s responsibility to assess any pre-existing damage to their Vehicle prior to the commencement of the Services. No claims of any damage will be entertained without proof of the pre-existing state of the Vehicle.. in the event that the Client believes that Coastal Motorhomes has scratched the Vehicle during the course of the Services, the Client shall within twenty-four (24) hours of delivery (time being of the essence) notify Coastal Motorhomes of any alleged defect or damage. The Client shall afford Coastal Motorhomes an opportunity to inspect the Vehicle within a reasonable time following delivery. If the Client fails to comply with clause Error: Reference source not found, the Vehicle shall be presumed to be free from any defect or damage.

   9. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

3. Finance

   1. If this Contract is conditional upon the Client obtaining capital funding from a financial institution then they shall provide Coastal Motorhomes with written confirmation of the loan approval within five (5) working days of the date of signing this Contract.

   2. In the event any such loan application is declined then the Client shall have the right to withdraw from this Contract subject to the Client providing Coastal Motorhomes with written evidence within five (5) working days of the date of signing this Contract that the loan was declined. Upon receipt of such evidence Coastal Motorhomes shall refund the Client any deposit paid less any expenses incurred by Coastal Motorhomes for any Services performed to date.

4. Trade-ins

   1. In the event that Coastal Motorhomes accepts a trade-in as part payment of purchase or Goods outright, then the Client acknowledges and warrants that he/she owns the said property and that it is not in any subject to any security, charge, lien or hire purchase agreement.

   2. Trade-ins shall be accepted by Coastal Motorhomes under the following conditions:

      1. upon Coastal Motorhomes obtaining unencumbered title at the time of delivery to Coastal Motorhomes;

      2. in accordance with clause Error: Reference source not found, the Client shall deliver the trade-in in at least the same or better condition as when last inspected by Coastal Motorhomes;

      3. the trade-in shall carry a warrant of fitness to be issued not more than thirty (30) days prior to the date of the trade-in delivery to Coastal Motorhomes.

   3. In the event the Client fails to deliver the trade-in in accordance with clause Error: Reference source not found, Coastal Motorhomes may require the Client to complete the purchase from Coastal Motorhomes in accordance with the terms set out in this Contract and the Client shall pay the net allowance for the trade-in in cash and/or to finance any additional balances outstanding by agreement of both parties and to the extent permitted by law.

   4. Failure of the Client to complete the purchase from Coastal Motorhomes the Contract may be cancelled in accordance with clause Error: Reference source not found.

 

5. Errors and Omissions

   1. The Client acknowledges and accepts that Coastal Motorhomes shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

      1. resulting from an inadvertent mistake made by Coastal Motorhomes in the formation and/or administration of this Contract; and/or

      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by Coastal Motorhomes in respect of the Services.

   2. If such an error and/or omission occurs in accordance with clause Error: Reference source not found, and is not attributable to the negligence and/or wilful misconduct of Coastal Motorhomes; the Client:

      1. shall not be entitled to treat this Contract as repudiated nor render it invalid; but

      2. shall not be responsible for any additional costs incurred by Coastal Motorhomes arising from the error or omission.

 

6. Change in Control

   1. The Client shall give Coastal Motorhomes not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by Coastal Motorhomes as a result of the Client’s failure to comply with this clause.

 

7. Price and Payment

   1. At Coastal Motorhomes’ sole discretion the Price shall be either:

      1. as indicated on any invoice provided by Coastal Motorhomes to the Client; or

      2. the Price as at the date of delivery of the Goods according to Coastal Motorhomes’ current price list; or

      3. Coastal Motorhomes’ estimated Price (subject to clause :) which shall not be deemed binding upon Coastal Motorhomes as the actual Price can only be determined upon completion of the Services. Coastal Motorhomes undertakes to keep the Client informed should the actual Price look likely to exceed the original estimate; or

      4. Coastal Motorhomes’ quoted Price (subject to clause Error: Reference source not found) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

   2. At Coastal Motorhomes’ sole discretion a reasonable non-refundable deposit may be required.

   3. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Coastal Motorhomes, which may be:

      1. on or before delivery of the Goods; or

      2. by way of instalments/progress payments in accordance with Coastal Motorhomes’ payment schedule;

      3. for certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

      4. the date specified on any invoice or other form as being the date for payment; or

      5. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Coastal Motorhomes.

   4. Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and Coastal Motorhomes.

   5. Coastal Motorhomes may in its discretion allocate any payment received from the Client towards any invoice that Coastal Motorhomes determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Coastal Motorhomes may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Coastal Motorhomes, payment will be deemed to be allocated in such manner as preserves the maximum value of Coastal Motorhomes’ Purchase Money Security Interest (as defined in the PPSA) in the Goods.

   6. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Coastal Motorhomes nor to withhold payment of any invoice because part of that invoice is in dispute.

   7. Unless otherwise stated the Price includes GST, which the Client is required to pay (without deduction or set off against any other amounts) at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other charges, taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.

 

8. Additional Charges

   1. Coastal Motorhomes reserves the right to change the Price:

      1. if a variation to the Goods which is to be provided is requested; or

      2. if a variation to the Services originally scheduled (including any applicable plans and specifications) is requested; or

      3. if during the course of the Services, the Goods are not or cease to be available from Coastal Motorhomes’ third-party suppliers or the acquired part is deemed to not be compliant to complete the repair/s, then Coastal Motorhomes reserves the right to provide alternate/upgraded Goods subject to prior confirmation and agreement of both parties; or

      4. where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection, disposable costs of large items that have been replaced i.e. awnings and fridges etc) which are only discovered upon commencement of the Services; or

      5. in the event of increases to Coastal Motorhomes in the cost of labour, material or parts (including, but not limited to, overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight, transport and insurance charges etc) which are beyond Coastal Motorhomes’ control.

   2. Variations will be charged for on the basis of Coastal Motorhomes’ quotation, and will be detailed in writing, and shown as variations on Coastal Motorhomes’ invoice. The Client shall be required to respond to any variation submitted by Coastal Motorhomes within ten (10) working days. Failure to do so will entitle Coastal Motorhomes to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

   3. Where Coastal Motorhomes is requested to store the Client’s Vehicle, or where the Vehicle is not collected within twenty-four (24) hours of advice to the Client that it is ready for collection, then Coastal Motorhomes (at its sole discretion) may charge a fee for storage.

   4. All tow and/or salvage fees will be charged to the Client, and will be added to the Price.

   5. If Coastal Motorhomes has been requested by the Client to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Client irrespective of whether or not the repair goes ahead.

   6. The Client acknowledges and agrees that Coastal Motorhomes shall be entitled to:

      1. retain any components replaced during the provision of the Services; and

      2. the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.

 

9. Space Storage Fees

   1. The fees (subject to clause Error: Reference source not found) shall be payable in advance on the first day of each month or weekly as arranged. Where the agreement commences part way through a month the initial advance payment shall be calculated on a pro-rata basis commencing from the date the agreement is signed to the end of that month, and monthly in advance thereafter.

   2. Coastal Motorhomes reserves the right to:

      1. change the fees at any time by giving the Client not less than one (1) months’ written notice;

      2. charge the Client:

         1. a cleaning fee, where the Client has failed (in the opinion of Coastal Motorhomes) to adhere to clause Error: Reference source not found; and

         2. a late payment fee, which shall become payable each time the fees are not received by Coastal Motorhomes within seven (7) days of when they are due and payable.

   3. The Client must pay to Coastal Motorhomes immediately upon acceptance of the agreement:

      1. the initial weekly, fortnightly and/or monthly fees; and

      2. a deposit, in the form of a bond to the value of one (1) month of the fee for storage, which shall be refunded to the Client within thirty (30) days of termination of the stoarge agreement, provided that the Client has complied with their obligations hereunder; and

      3. an admin fee, at the sole discretion of Coastal Motorhomes.

 

10. Delivery of Goods

    1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:

       1. the Client or the Client’s nominated carrier takes possession of the Goods at Coastal Motorhomes’ address; or

       2. Coastal Motorhomes (or Coastal Motorhomes’ nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

    2. The cost of Delivery is either included in the Price or is in addition to the Price as agreed between the parties.

    3. Coastal Motorhomes may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

    4. Coastal Motorhomes shall not be liable delays caused by any other third party suppliers that impacts on the provision of the Services by Coastal Motorhomes.

    5. Any time specified by Coastal Motorhomes for Delivery of the Goods is an estimate only and Coastal Motorhomes will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Coastal Motorhomes is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then Coastal Motorhomes shall be entitled to charge a reasonable fee for redelivery and/or storage.

 

11. Risk

    1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

    2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, Coastal Motorhomes is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Coastal Motorhomes is sufficient evidence of Coastal Motorhomes’ rights to receive the insurance proceeds without the need for any person dealing with Coastal Motorhomes to make further enquiries.

    3. The Client acknowledges and accepts that:

       1. where Coastal Motorhomes has performed temporary repairs on the Vehicle that:

          1. Coastal Motorhomes offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and

          2. Coastal Motorhomes will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair required,

       2. in the event the Client requests Coastal Motorhomes to work on a Vehicle, and leaves the Vehicle and/or the keys at Coastal Motorhomes’ premises whilst the site is unattended, then Coastal Motorhomes shall not be responsible for the security of the Vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and

       3. Coastal Motorhomes is only responsible for Goods that are replaced by Coastal Motorhomes and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Client agrees to indemnify Coastal Motorhomes against any loss or damage to the Goods, or caused by the goods, or any part thereof howsoever arising.

    4. Where Coastal Motorhomes is requested to address water ingress in the Vechicle not supplied by Coastal Motorhomes, the Client acknowledges and accepts that Coastal Motorhomes will use its best efforts to locate and repair the fault to a suitable standard, but Coastal Motorhomes offers no guarantee that all areas of ingress and/or leaks will be found due to water application and other environmental factors beyond Coastal Motorhomes’ control.

    5. It shall be the Client’s responsibility to ensure that:

       1. any appliances running on LPG must be turned off before the Vehicle is delivered to Coastal Motorhomes’ premises;

       2. all greywater tanks are emptied prior to the commencement of the Services. In the event that the Client fails to adhere to this clause and Coastal Motorhomes has to empty the tanks, an additional fee will apply which will be treated as a variation as per clause Error: Reference source not found; and

       3. the Client’s Vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Coastal Motorhomes’ premises. The Vehicle is at all times stored and repaired at the Client’s sole risk.

    6. Coastal Motorhomes shall not be liable for the loss of or damage to the Client’s Vehicle, its accessories or contents while being repaired or operated in connection with the authorised Services, unless caused by the negligence of Coastal Motorhomes, or Coastal Motorhomes’ employees.

    7. Coastal Motorhomes will accept no responsibility for valuables or other items left in the Client’s Vehicle. It is the Client’s responsibility to remove any valuables from the Client’s vehicle prior to servicing/repair.

 

12. Testing of Vehicles

    1. Coastal Motorhomes or its employees may test drive or carry out tests on the Vehicle at Coastal Motorhomes’s discretion. Coastal Motorhomes will not be liable for (and the Client indemnifies Coastal Motorhomes against) any damages caused to, or by, the Vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Coastal Motorhomes or its employees.

 

13. Compliance with Laws

    1. The Client and Coastal Motorhomes shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods and/or Services.

    2. The Goods supplied by Coastal Motorhomes shall comply with applicable safety and industry standards. The Client acknowledges and agrees that where the Client fails to adhere to any care and maintenance advice relating to the Goods are not followed, then the Client shall not hold Coastal Motorhomes liable for any losses or damaged caused by any failure of the Goods.

 

14. Title

    1. Coastal Motorhomes and the Client agree that ownership of the Goods shall not pass until:

       1. the Client has paid Coastal Motorhomes all amounts owing to Coastal Motorhomes; and

       2. the Client has met all of its other obligations to Coastal Motorhomes.

    2. Receipt by Coastal Motorhomes of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

    3. It is further agreed that until ownership of the Goods passes to the Client in accordance with clause Error: Reference source not found:

       1. the Client is only a bailee of the Goods and must return the Goods to Coastal Motorhomes on request;

       2. the Client holds the benefit of the Client’s insurance of the Goods on trust for Coastal Motorhomes and must pay to Coastal Motorhomes the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;

       3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Coastal Motorhomes and must pay or deliver the proceeds to Coastal Motorhomes on demand;

       4. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Coastal Motorhomes and must sell, dispose of or return the resulting product to Coastal Motorhomes as it so directs;

       5. the Client irrevocably authorises Coastal Motorhomes to enter any premises where Coastal Motorhomes believes the Goods are kept and recover possession of the Goods;

       6. Coastal Motorhomes may recover possession of any Goods in transit whether or not Delivery has occurred;

       7. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Coastal Motorhomes; and

       8. Coastal Motorhomes may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

 

15. Personal Property Securities Act 1999 (“PPSA”)

    1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:

       1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and

       2. a security interest is taken in all Goods that have previously been supplied and that will be supplied in the future by Coastal Motorhomes to the Client, and the proceeds from such Goods as listed by Coastal Motorhomes to the Client in invoices rendered from time to time.

    2. The Client undertakes to:

       1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Coastal Motorhomes may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

       2. indemnify, and upon demand reimburse, Coastal Motorhomes for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

       3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or the proceeds of such Goods in favour of a third party without the prior written consent of Coastal Motorhomes; and

       4. immediately advise Coastal Motorhomes of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

    3. Unless otherwise agreed to in writing by Coastal Motorhomes, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.

    4. The Client shall unconditionally ratify any actions taken by Coastal Motorhomes under clauses Error: Reference source not found to Error: Reference source not found.

    5. Subject to any express provisions to the contrary (including those contained in this clause Personal Property Securities Act 1999 (“PPSA”)), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

16. Security and Charge

    1. In consideration of Coastal Motorhomes agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a security interest in all of its present and after-acquired property, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.

    2. The Client indemnifies Coastal Motorhomes from and against all Coastal Motorhomes’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Coastal Motorhomes’ rights under this clause.

    3. The Client irrevocably appoints Coastal Motorhomes and each director of Coastal Motorhomes as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause Error: Reference source not found including, but not limited to, signing any document on the Client’s behalf.

 

17. Defects and Returns

    1. The Client shall inspect the Goods on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify Coastal Motorhomes of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Coastal Motorhomes an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client fails to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Coastal Motorhomes has agreed in writing that the Client is entitled to reject, Coastal Motorhomes’ liability is limited to either (at Coastal Motorhomes’ discretion) replacing the Goods or repairing the Goods.

    2. Goods will not be accepted for return other than in accordance with Error: Reference source not found above.

 

18. Warranty

    1. For Goods not manufactured by Coastal Motorhomes, the warranty shall be the current warranty provided by the manufacturer of the Goods. Coastal Motorhomes 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 Goods.

    2. In the case of second hand Goods, the Client acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by Coastal Motorhomes as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Coastal Motorhomes shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

 

19. Consumer Guarantees Act 1993 and the Fair Trading Act 1986

    1. If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply to the supply of Goods by Coastal Motorhomes to the Client.

    2. Coastal Motorhomes agrees to abide by the provisions of the Fair Trading Act (“FTA”).

 

20. Intellectual Property

    1. Where Coastal Motorhomes has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of Coastal Motorhomes. Under no circumstances may such designs, drawings and documents be used without the express written approval of Coastal Motorhomes.

    2. The Client warrants that all designs, specifications or instructions given to Coastal Motorhomes will not cause Coastal Motorhomes to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Coastal Motorhomes against any action taken by a third party against Coastal Motorhomes in respect of any such infringement.

    3. The Client agrees that Coastal Motorhomes may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Coastal Motorhomes has created for the Client.

 

21. Default and Consequences of Default

    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Coastal Motorhomes’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

    2. If the Client owes Coastal Motorhomes any money the Client shall indemnify Coastal Motorhomes from and against all costs and disbursements incurred by Coastal Motorhomes in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Coastal Motorhomes’ collection agency costs, and bank dishonour fees).

    3. Further to any other rights or remedies Coastal Motorhomes may have under this Contract, if a Client has made payment to Coastal Motorhomes, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Coastal Motorhomes under this clause Error: Reference source not found where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.

    4. Without prejudice to Coastal Motorhomes’ other remedies at law Coastal Motorhomes shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Coastal Motorhomes shall, whether or not due for payment, become immediately payable if:

       1. any money payable to Coastal Motorhomes becomes overdue, or in Coastal Motorhomes’ opinion the Client will be unable to make a payment when it falls due;

       2. the Client has exceeded any applicable credit limit provided by Coastal Motorhomes;

       3. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

       4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

22. Access and Use of the Space

    1. The Client:

       1. shall be entitled to twenty-four (24) hour access to the Space;

       2. will be solely responsible for the securing of the Space (and shall secure the Space at all times when the Client is not accessing/using the Space), and when entering or leaving the premises outside access hours will secure the external gates or doors thereof, in a manner which is acceptable to Coastal Motorhomes;

       3. must maintain the Space by ensuring it is clean and in a state of good repair;

       4. must have consideration for other Clients and neighboring properties when accessing Coastal Motorhomes’ premises, and in particular the Client must avoid excessive noise;

       5. shall not:

          1. use the Space for any purpose other than storage of the Goods (including carrying on business or other activity in the Space, human habitation, the keeping of animals);

          2. store, or use in the Space, any Goods that are inflammable, hazardous, illegal, stolen, explosive, environmentally harmful, perishable, dangerous or that are a risk to the property of any person, and ensure the Goods are dry, clean, free from vermin and food scraps;

          3. obstruct or interfere with the use of Coastal Motorhomes’ premises by other Clients;

          4. use the Space for any illegal or immoral purpose, or carry out any business activity at Coastal Motorhomes’ premises;

          5. carry out any alterations to the Space, (including, but not limited to, attaching nails, screws, etc. to any part of the Space), or damage the Space, without Coastal Motorhomes’ prior written consent. In the event of damage to the Space, Coastal Motorhomes shall be entitled to charge the Client for any repairs required;

          6. is responsible (and must pay) for loss or damage caused by a third party who enters the Space (or the facility) at the request or direction of the Client or who otherwise accesses the facility using the Client’s access card/code. The Client is not responsible for access and it notified Coastal Motorhomes of the loss or theft of the access card/code.

    2. The Client acknowledges and agrees to comply with all relevant laws, including Acts, Ordinances, Regulations, By-laws and Orders, as are or may be applicable to the use of the Space; this includes laws relating to the Goods which are stored, and the manner in which they are stored. The liability for any (and all), breach of such laws rests absolutely with the Client, and includes any (and all) costs resulting from such breach. If Coastal Motorhomes has reason to believe that the Client is not complying with all relevant laws, it may take any action it believes to be necessary to so comply, including the action outlined in clauses Error: Reference source not found and Error: Reference source not found, and/or immediately dispose of, or remove, the Goods at the Client’s expense, and/or submit the Goods to the relevant authorities. The Client agrees that Coastal Motorhomes may take such action at any time, even though it could have acted earlier.

    3. Deliveries and removals from the Space will not be permitted by any person other than the Client (and the Client’s authorised persons as specified thereby in writing to Coastal Motorhomes), unless the Client gives personal or telephone instruction to Coastal Motorhomes.The Client must identify them by use of the password (if any) and name the person/s authorised by the Client to enter the Space.

    4. The Client consents to inspection and entry of the Space by Coastal Motorhomes, provided that Coastal Motorhomes gives the Client five (5) days written notice. In the event of an emergency (that is where property, the environment or human life is, in Coastal Motorhomes’ opinion, threatened), Coastal Motorhomes may enter the Space using all necessary force without the written consent of the Client; but Coastal Motorhomes shall notify the Client as soon as practicable.

    5. Any items left unattended in common areas or outside the Space at any time may, at Coastal Motorhomes’ discretion, be sold, disposed, moved or dumped immediately and at the expense of the Client.

 

23. Insurance and Indemnity

    1. The Goods are at all times stored at the Client’s sole risk. Coastal shall not be responsible for any damage to the Goods stored in the Space, it is the Client’s responsibility to ensure that the Goods stored in the Space are insured against all possible damage (including, but not limited to, the perils of accident, fire, flood theft, burglary, leakage or overflow of water, heat, spillage of material from any other unit, removal or delivery of the Goods, pest or vermin or any other reason whatsoever, including acts or omissions of Coastal Motorhomes or persons under its control, and all other usual risks) and deterioration.

    2. The Client agrees to use the Space at their own risk and releases (to the full extent permitted by law) Coastal Motorhomes, its employees and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property arising out of the use of the Space.

 

24. Cancellation

    1. Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions the other party may suspend or terminate the supply or purchase of Goods to the other party. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.

    2. If Coastal Motorhomes, due to reasons beyond Coastal Motorhomes’ reasonable control, is unable to the deliver any Goods to the Client, Coastal Motorhomes may cancel any Contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Coastal Motorhomes shall repay to the Client any money paid by the Client for the Goods. Coastal Motorhomes shall not be liable for any loss or damage whatsoever arising from such cancellation.

    3. The Client may cancel Delivery of the Goods and/or Services by written notice served within twenty-four (24) hours of placement of the order. Failure by the Client to otherwise accept Delivery of the Goods and/or Services shall place the Client in breach of this Contract.

    4. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

    5. The hire of the Space shall continue on a monthly basis, unless terminated by way of the either party providing the other with one (1) calendar months written notice. Coastal Motorhomes shall be entitled to:

       1. charge the Client additional fees (on a pro rata basis) if less than the requisite notice is given by the Client;

       2. terminate the storage agreement without giving prior notice (but will send notice to the Client in writing within one (1) calendar month) if Coastal Motorhomes enters the Space under clause Error: Reference source not found and there are no Goods stored therein.

    6. Upon expiry/termination, the Client must:

       1. remove all Goods from the Space and leave it in a clean condition, and in a good state of repair, to Coastal Motorhomes’ satisfaction, on the specified date;

       2. pay any outstanding monies and any expenses on default, or other monies owed to Coastal Motorhomes up to the date of termination, or clause Error: Reference source not found may apply.

    7. In the event of illegal or environmentally harmful activities on the part of the Client, Coastal Motorhomes may terminate the storage agreement without notice, and Coastal Motorhomes may advise the Client that unless the Goods are removed (within one (1) calendar month of such advice) those Goods shall be forfeited to Coastal Motorhomes without payment or compensation. If the Client fails to comply with such notice, ownership of the Goods in the Space shall immediately pass to Coastal Motorhomes.

    8. The Client acknowledges that Coastal Motorhomes may use CCTV to view the outside of the Space and that Coastal Motorhomes may use such CCTV footage as evidence of a breach of the storage agreement.

 

25. Privacy Policy

    1. All emails, documents, images or other recorded information held or used by Coastal Motorhomes is “Personal Information” as defined and referred to in clause Error: Reference source not found and therefore considered confidential. Coastal Motorhomes acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. Coastal Motorhomes acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Coastal Motorhomes that may result in serious harm to the Client, Coastal Motorhomes will notify the Client in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law.

    2. Notwithstanding clause All emails, documents, images or other recorded information held or used by Coastal Motorhomes is “Personal Information” as defined and referred to in clause Error: Reference source not found and therefore considered confidential. Coastal Motorhomes acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. Coastal Motorhomes acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Coastal Motorhomes that may result in serious harm to the Client, Coastal Motorhomes will notify the Client in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law., privacy limitations will extend to Coastal Motorhomes in respect of Cookies where the Client utilises Coastal Motorhomes’ website to make enquiries. Coastal Motorhomes agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

       1. IP address, browser, email client type and other similar details;

       2. tracking website usage and traffic; and

       3. reports are available to Coastal Motorhomes when Coastal Motorhomes sends an email to the Client, so Coastal Motorhomes may collect and review that information (“collectively Personal Information”)

If the Client consents to Coastal Motorhomes’ use of Cookies on Coastal Motorhomes’ website and later wishes to withdraw that consent, the Client may manage and control Coastal Motorhomes’ privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

1. 3. The Client authorises Coastal Motorhomes or Coastal Motorhomes’ agent to:

      1. access, collect, retain and use any information about the Client;

         1. including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Client’s creditworthiness; or

         2. for the purpose of marketing products and services to the Client.

      2. disclose information about the Client, whether collected by Coastal Motorhomes from the Client directly or obtained by Coastal Motorhomes from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.

   4. Where the Client is an individual the authorities under clause Error: Reference source not found are authorities or consents for the purposes of the Privacy Act 2020.

   5. The Client shall have the right to request (by e-mail) from Coastal Motorhomes, a copy of the Personal Information about the Client retained by Coastal Motorhomes and the right to request that Coastal Motorhomes correct any incorrect Personal Information.

   6. Coastal Motorhomes will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

   7. The Client can make a privacy complaint by contacting Coastal Motorhomes via e-mail. Coastal Motorhomes will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

 

26. Service of Notices

    1. Any written notice given under this Contract shall be deemed to have been given and received:

       1. by handing the notice to the other party, in person;

       2. by leaving it at the address of the other party as stated in this Contract;

       3. by sending it by registered post to the address of the other party as stated in this Contract;

       4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

       5. if sent by email to the other party’s last known email address.

    2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

27. Trusts

    1. If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Coastal Motorhomes may have notice of the Trust, the Client covenants with Coastal Motorhomes as follows:

       1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust, the trustees and the trust fund;

       2. the Client has full and complete power and authority under the Trust or from the Trustees of the Trust as the case maybe to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust, the trustees and the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;

       3. the Client will not during the term of the Contract without consent in writing of Coastal Motorhomes (Coastal Motorhomes will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:

          1. the removal, replacement or retirement of the Client as trustee of the Trust;

          2. any alteration to or variation of the terms of the Trust;

          3. any advancement or distribution of capital of the Trust; or

          4. any resettlement of the trust fund or trust property.

 

28. General

    1. Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.

    2. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s 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.

    3. These terms and conditions and any Contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Whakatane, New Zealand.

    4. Subject to the CGA, the liability of Coastal Motorhomes and the Client under this Contract shall be limited to the Price.

    5. Coastal Motorhomes may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client.

    6. The Client cannot licence or assign without the written approval of Coastal Motorhomes.

    7. Coastal Motorhomes may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Coastal Motorhomes’ sub-contractors without the authority of Coastal Motorhomes.

    8. The Client agrees that Coastal Motorhomes may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Coastal Motorhomes to provide Goods to the Client.

    9. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make any payment due to Coastal Motorhomes, following cessation of a Force Majeure.

    10. Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.