Limitation of Liability
New Zealand Vehicle Valuations Limited (“NZVV”), a company registered in New Zealand (Company No. 138420), whose registered office is at 47 Carlyle Street, Sydenham, Christchurch 8023, provides independent vehicle valuations. Insurers may recommend NZVV to their clients, but NZVV remains an entirely independent valuer. These terms (“Terms”) apply to all services and vehicle valuations provided by NZVV. By ordering vehicle valuation or other services from NZVV the client acknowledges and accepts these Terms.
1. Independent Valuation
- NZVV conducts valuations based on information from multiple external sources and its own expert inspection.
- A valuation represents NZVV’s professional opinion as at the date of inspection.
- NZVV provides the valuation based on the details provided and cannot account for misinformation or misleading statements made by the client.
- Each valuation report is provided solely for the use of the client to whom the valuation report is addressed and may only be used by that client. NZVV does not accept or assume any responsibility to any person, other than the client to whom the valuation report is addressed, in relation to the opinion expressed in the relevant valuation report.
2. Exclusion of warranties
- Except as expressly provided for in these Terms and any express warranties given by the NZVV to the client in writing which apply to the valuation report, NZVV excludes, to the fullest extent permitted by law, all guarantees, warranties, representations, conditions or obligations imposed or implied by statute or under common law, equity or otherwise.
3. Limitation of Liability
- To the fullest extent permitted by law, NZVV and its officers, employees, agents or suppliers shall not be liable to the client for any loss, damage or liability of any kind whatsoever (including, but not limited to, consequential loss or lost profit or business, or loss of anticipated savings) whether suffered or incurred by the client or any other person and whether in contract, tort or otherwise and whether such loss or damage arises directly or indirectly from the services provided by NZVV to the client (including, but not limited to, liability for errors, inaccuracies or omissions in its valuations, including any loss arising from a valuation that proves to be lower or higher than the vehicle’s eventual sale price or replacement cost).
- To the extent NZVV is liable for any reason for any costs, loss or damage suffered or liability incurred arising from any breach of these Terms or for any other reason, NZVV’s total aggregate liability in respect of any single valuation, whether in contract, tort (including negligence) or otherwise, is limited to and shall not exceed the fee actually paid by the client for the specific valuation report.
4. Force Majeure
- NZVV shall not be liable for any delay or failure in delivering a valuation where such delay or failure is due to causes beyond its reasonable control (e.g., natural disasters,
strikes, supplier failure, government restrictions, telecommunications or power outages).
5. Statutory Rights
- Where the client is acquiring the services from NZVV for the purposes of a business, the parties acknowledge and agree that: the parties are in trade; the services are both supplied and acquired in trade; the parties agree to contract out of sections 9 (misleading and deceptive conduct generally), 12A (unsubstantiated representations), 13 (false or misleading representations) and 14(1) (false representations and other misleading conduct in relation to land) of the Fair Trading Act 1986 (“FTA”) and all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 (“CGA”) or the sections of the FTA referenced above are excluded from these Terms to the fullest extent permitted by law.
- Nothing in these terms is intended to have the effect of contracting out of the provisions of the CGA or the FTA, except to the extent permitted by those Acts, or limit any rights the client may have under other applicable New Zealand legislation that cannot be lawfully excluded or restricted. Accordingly, where the client is a “consumer” (as defined in the CGA and FTA) nothing in these Terms shall limit, or attempt to limit, the client’s rights under the CGA or FTA, including that any provision of these Terms declared to be an unfair contract term shall not apply to a consumer.
