Terms and Conditions

1. Definitions

1.1 “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.

1.2 “Shores NZ Fabrication” means Shores NZ Fabrication Limited trading as Shores NZ Fabrication, its successors and assigns, or any person acting on behalf of and with the authority of Shores NZ Fabrication.

1.3 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Shores NZ Fabrication to provide the Works as specified in any proposal, quotation, order, invoice or other documentation and (a) if there is more than one Customer, is a reference to each Customer jointly and severally; and (b) if the Customer is a partnership, it shall bind each partner jointly and severally; and (c) if the Customer is part of a trust, shall be bound in their capacity as a trustee; and (d) includes the Customer’s executors, administrators, successors and permitted assigns.

1.4 “Works” means all Works or Parts (including but not limited to any parts etc consumed during the services) supplied by Shores NZ Fabrication to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Works’ or ‘Parts’ shall be interchangeable for the other).

1.5 "Confidential Information” means information of a confidential nature, whether oral, written or in electronic form, including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as 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) and pricing details.

1.6 “Cookies” means small files 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. They can be accessed either by the web server or the client’s computer. Suppose the Customer does not wish to allow Cookies to operate in the background when using Shores NZ Fabrication's website. In that case, the Customer shall have the right to turn the Cookies on/off first on their computer or device.

1.7 “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Works as agreed between Shores NZ Fabrication and the Customer under clause five below.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer orders or accepts delivery of any Works.

2.2 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.

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

2.4 The Customer acknowledges and accepts that:

(a) if Shores NZ Fabrication is required to provide the Works urgently, that may require Shores NZ Fabrication staff to work outside regular business hours (including but not limited to working through lunch breaks, weekends and Public Holidays,) then Shores NZ Fabrication reserves the right to charge the Customer additional labour costs (penalty rates will apply at time and a half standard rates) unless otherwise agreed between Shores NZ Fabrication and the Customer; and

(b) if the Customer believes that Shores NZ Fabrication has scratched the vehicle whilst conducting the Works and installing the Parts, the Customer should, within twenty-four (24) hours of delivery (time being of the essence,) notify Shores NZ Fabrication of any alleged defect or damage. The Customer shall allow Shores NZ Fabricationy to inspect the vehicle within a reasonable time following delivery. If the customer fails to comply with clause

(c), the vehicle shall be presumed to be free from any defect or damage.

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

2.6 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. Errors and Omissions

3.1 The Customer acknowledges and accepts that Shores NZ Fabrication shall, without prejudice, assume no liability in respect of any alleged or actual error(s) and omission(s):

(a) resulting from an inadvertent mistake made by Shores NZ Fabrication in the formation and administration of this Contract; and (b) contained in/omitted from any literature (hard copy and electronic) supplied by Shores NZ Fabrication in respect of the Works.

3.2 If such an error and omission occurs by clause 3.1 and is not attributable to the negligence and wilful misconduct of Shores NZ Fabrication, the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.

4. On-Line Bookings

4.1 The Customer acknowledges and agrees that:

(a) Shores NZ Fabrication does not guarantee the website’s performance;

(b) display on the website does not guarantee the availability of any particular booking; therefore, all bookings placed through the website shall be subject to confirmation of acceptance by Shores NZ Fabrication;

(c) on-line bookings may be unavailable from time to time for regularly scheduled maintenance and upgrades; Terms & Conditions of Trade

(d) there are inherent hazards in electronic distribution, and as such, Shores NZ Fabrication cannot warrant against delays or errors in transmitting data between the Customer and Shores NZ Fabrication, including bookings, and you agree that to the maximum extent permitted by law, Shores NZ Fabrication will not be liable for any losses which the Customer suffers as a result of the online-booking system not being available or for delays or errors in transmitting orders;

(e) when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by Shores NZ Fabrication and displayed on the website. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences and

(f) if the Customer is not the cardholder for any credit card being used to pay for the Parts/Works, Shores NZ Fabrication shall be entitled to reasonably assume that the Customer has received permission from the cardholder to use the credit card for the transaction.

4.2 Shores NZ Fabrication reserves the right to terminate the Customer’s booking if it learns that the Customer has provided false or misleading information, interfered with other users or the administration of Shores NZ Fabrication’s business, or violated these terms and conditions.

5. Price and Payment

5.1 At Shores NZ Fabrication’s sole discretion, the Price shall be either:

(a) as indicated on invoices provided by Shores NZ Fabrication to the Customer in respect of Works performed or Parts supplied or

(b) Shores NZ Fabrication’s Price at the date of delivery of the Works according to Shores NZ Fabrication’s current pricelist or

(c) Shores NZ Fabrication’s estimated Price (subject to clause 6.1) shall not be deemed binding upon Shores NZ Fabrication as the actual Price can only be determined upon completion of the Works. Shores NZ Fabrication undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate or

(d) Shores NZ Fabrication’s quoted Price (subject to clause 6.1), which shall be binding upon Shores NZ Fabrication provided that the Customer shall accept Shores NZ Fabrication’s quotation in writing within thirty (30) days.

5.2 A deposit may be required at Shores NZ Fabrication’s sole discretion.

5.3 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by Shores NZ Fabrication, which may be:

(a) on completion of the Works;

(b) by way of progress payments by Shores NZ Fabrication’s specified progress payment schedule;

(c) for specific approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;

(d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Shores NZ Fabrication.

5.4 Payment may be made by cash, electronic/online banking, credit card (a surcharge may apply per transaction), or any other method agreed to between the Customer and Shores NZ Fabrication.

5.5 Shores NZ Fabrication may, in its discretion, allocate any payment received from the Customer towards any invoice that Shores NZ Fabrication determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Shores, NZ Fabrication may re-allocate any payments previously received and allocated.

5.6 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 Shores NZ Fabrication nor to withhold payment of any invoice because part of that invoice is in dispute.

5.7 Unless otherwise stated, the Price does not include GST. In addition to the Price, the Customer must pay Shores NZ Fabrication an amount equal to any GST Shores NZ Fabrication must pay for any supply by Shores NZ Fabrication under this or any other agreement for the sale of the Parts. The Customer must pay GST, without deduction or set off of any different amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any additional taxes and duties that may be applicable in addition to the Price except where they are expressly included.

6. Additional Charges

6.1 Shores NZ Fabrication reserves the right to change the Price:

(a) if a variation to the Works which is to be provided is requested, or

(b) if, during the course of the Works, the Parts are not or cease to be available from Shores NZ Fabrication’s third-party suppliers or the acquired part is deemed not to be compliant to complete the repair/s, then Shores NZ Fabrication reserves the right to provide alternate/upgraded Parts subject to prior confirmation and agreement of both parties; or

(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and further inspection, in the case of breakdowns where the vehicle is bogged or immovable, etc) which are only discovered upon commencement of the Works; or

(d) in the event of increases to Shores NZ Fabrication in the cost of labour or Parts beyond Shores NZ Fabrication’s control.

6.2 Variations will be charged based on Shores NZ Fabrication’s quotation, detailed in writing and shown as variations on Shores NZ Fabrication’s invoice. The Customer shall be required to respond to any variation submitted by Shores NZ Fabrication within ten (10) working days. Failure to do so will entitle Shores NZ Fabrication to add the variation cost to the Price. All variations must be paid in full at the time of completion.

6.3 Where Shores NZ Fabrication is requested to store the Customer’s vehicle, or where the car is not collected within twenty-four (24) hours of advice to the Customer that it is ready for collection, then Shores NZ Fabrication (at its sole discretion) may charge a fee of thirty-five dollars ($35) per day for storage.

6.4 All tow and salvage fees will be charged to the Customer and added to the Price.

6.5 The Customer acknowledges and agrees that Shores NZ Fabrication shall be entitled to (a) retain any components replaced during the provision of the Works and (b) the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.

7. Provision of the Works

7.1 Where Shores NZ Fabrication is to provide any Works at the Customer’s nominated address, then the Customer shall be liable for all costs incurred by Shores NZ Fabrication from the time they depart from, and until they return to, their regular place of work (including, but not limited to, mileage and time calculated at Shores NZ Fabrication’s standard rates and any Parts purchased for the Works).

7.2 Shores NZ Fabrication may deliver the Works in separate instalments. Each individual instalment shall be invoiced and paid according to the provisions in these terms and conditions.

7.3 Any time specified by Shores NZ Fabrication for delivery of the Works is an estimate only. Shores NZ Fabrication will not be liable for any loss or damage incurred by the Customer due to late delivery. However, both parties agree that they shall endeavour to enable the Works to be supplied at the time and place as was arranged between them. Suppose Shores NZ Fabrication is unable to provide the Works as agreed solely due to any action or inaction of the Customer. In that case, Shores NZ Fabrication shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date and for storage of the Parts.

7.4 In the event of a call out, the Customer shall ensure that Shores NZ Fabrication has clear and free access to the vehicle and site at all times to enable them to undertake the Works. Shores NZ Fabrication shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Shores NZ Fabrication.

8. Risk

8.1 If Shores NZ Fabrication retains ownership of the Parts under clause 9, then (a) where Shores NZ Fabrication is supplying Parts only, all risk for the Parts shall immediately pass to the Customer on delivery, and the Customer must insure the Parts on or before delivery. Delivery of the Parts shall be deemed to have taken place immediately at the time that either:

(i) the Customer or the Customer’s nominated carrier takes possession of the Parts at Shores NZ Fabrication’s address or

(ii) the Parts are delivered by Shores NZ Fabrication or Shores NZ Fabrication’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).

8.2 Notwithstanding the provisions of clause 8.1, if the Customer requests explicitly Shores NZ Fabrication to leave Parts outside Shores NZ Fabrication’s premises for collection or to deliver the Parts to an unattended location, then such materials shall always be left at the sole risk of the Customer. It shall be the Customer’s responsibility to ensure the Parts are insured adequately or at all. If such Parts are lost, damaged or destroyed, then replacement of the Parts shall be at the Customer’s expense.

8.3 The Customer acknowledges and accepts that:

(a) where Shores NZ Fabrication has performed temporary repairs that:

(i) Shores NZ Fabrication offers no guarantee against the reoccurrence of the initial fault or any further damage caused, and

(ii) Shores NZ Fabrication will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the complete repair required; and

(b) in the event the Customer requests Shores NZ Fabrication to work on a vehicle and leaves the vehicle and/or the keys at Shores NZ Fabrication’s premises whilst the site is unattended, then Shores NZ Fabrication 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

(c) Shores NZ Fabrication is only responsible for Parts that are replaced by Shores NZ Fabrication 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 Customer agrees to indemnify Shores NZ Fabrication against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.

8.4 Shores NZ Fabrication shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Shores NZ Fabrication, or Shores NZ Fabrication’s employees.

8.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft, burglary and all other usual risks) whilst stored at Shores NZ Fabrication’s premises. The vehicle is always stored and repaired at the Customer’s sole risk.

8.6 Shores NZ Fabrication or its employees may test drive or carry out tests on the vehicle at Shores NZ Fabrication’s discretion. Shores NZ Fabrication will not be liable for (and the Customer indemnifies Shores NZ Fabrication 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 Shores NZ Fabrication or its employees.

9. Title

9.1 Shores NZ Fabrication and the Customer agree that ownership of the Parts shall not pass until:

(a) The customer has paid Shores NZ Fabrication all amounts owing to Shores NZ Fabrication; and

(b) The customer has met all its other obligations to Shores NZ Fabrication.

9.2 Receipt by Shores NZ Fabrication of any form of payment other than cash shall not be deemed payment until that form of payment has been honoured, cleared or recognised.

9.3 It is further agreed that:

(a) until ownership of the Parts passes to the Customer by clause 9.1 that the Customer is only a bailee of the Parts and unless the Parts have become fixtures must return the Parts to Shores NZ Fabrication on request; Terms & Conditions of Trade

(b) the Customer holds the benefit of the Customer’s insurance of the Parts on trust for Shores NZ Fabrication and must pay to Shores NZ Fabrication the proceeds of any insurance in the event of the Parts being lost, damaged or destroyed;

(c) the production of these terms and conditions by Shores NZ Fabrication shall be sufficient evidence of Shores NZ Fabrication’s rights to receive the insurance proceeds directly from the insurer without the need for any person dealing with Shores NZ Fabrication to make further enquiries;

(d) The Customer must not sell, dispose of, or otherwise part with possession of the Parts other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Parts, then the Customer must hold the proceeds of any such act on trust for Shores NZ Fabrication and must pay or deliver the proceeds to Shores NZ Fabrication on demand;

(e) the Customer should not convert or process the Parts or intermix them with other goods, but if the Customer does so, then the Customer holds the resulting product on trust for the benefit of Shores NZ Fabrication and must sell, dispose of or return the resulting product to Shores NZ Fabrication as it so directs;

(f) Shores NZ Fabrication may recover possession of any Parts in transit whether or not delivery has occurred;

(g) the Customer shall not charge or grant an encumbrance over the Parts nor grant nor otherwise give away any interest in the Parts while they remain the property of Shores NZ Fabrication; and

(h) Shores NZ Fabrication may commence proceedings to recover the price of the parts sold, notwithstanding that ownership has not been passed to the customer.

10. Security and Charge

10.1 In consideration of Shores NZ Fabrication agreeing to supply the Works, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Customer indemnifies Shores NZ Fabrication from and against all Shores NZ Fabrication’s costs and disbursements, including legal costs on a solicitor and own client basis incurred in exercising Shores NZ Fabrication’s rights under this clause.

10.3 The Customer irrevocably appoints Shores NZ Fabrication and each director of Shores NZ Fabrication as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause ten, including, but not limited to, signing any document on the Customer’s behalf.

11. Defects and Returns

11.1 The Customer shall inspect the Parts on delivery and shall, within seven (7) days of delivery (time being of the essence), notify Shores NZ Fabrication of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall allow Shores NZ Fabrication to inspect the Parts within a reasonable time following delivery if the Customer believes the Parts are defective in any way. If the Customer fails to comply with these provisions, the Parts shall be presumed free from any defect or damage. For defective Parts, which Shores NZ Fabrication has agreed in writing that the Customer is entitled to reject, Shores NZ Fabrication’s liability is limited to either (at Shores NZ Fabrication’s discretion) replacing the Parts or repairing the Parts.

11.2 Returns will only be accepted provided that:

(a) the Customer has complied with the provisions of clause 13.1; and

(b) Shores NZ Fabrication has agreed in writing to accept the return of the Parts; and

(d) Shores NZ Fabrication will not be liable for Parts which have not been stored or used properly; and

(e) The parts are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

11.3 Shores NZ Fabrication may (at its discretion) accept the return of Parts for credit, but this may incur a handling fee of ten per cent (10%) of the value of the returned Parts plus any freight.

11.4 Subject to clause 13.1, non-stocklist items or Parts made to the Customer’s specifications are not acceptable for credit or return.

12. Warranties

12.1 Subject to the conditions of warranty set out in clause

12.2 Shores NZ Fabrication warrants that if any defect in any workmanship of Shores NZ Fabrication becomes apparent and is reported to Shores NZ Fabrication within the earlier of two (2) years of the date of delivery (time being of the essence), then Shores NZ Fabrication will either (at Shores NZ Fabrication’s sole discretion) replace or remedy the workmanship. 12.2 The conditions applicable to the warranty given by clause 14.1 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 Parts; or

(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Shores NZ Fabrication; or

(iii) any use of any Parts otherwise than for any application specified on a quote or order form; or

(iv) any use in competitive motorsport and/or for off-road use; or

(v) the continued use of any Parts after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(vi) fair wear and tear, any accident or act of God.

(b) the warranty shall cease, and Shores NZ Fabrication shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Shores NZ Fabrication’s consent;

(c) in respect of all claims, Shores NZ Fabrication 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; and

(d) warranty repairs exclude fluids, belts, gaskets, or other consumables (unless expressly covered by warranty).

12.3 For Parts not installed by Shores NZ Fabrication, the warranty shall be the current warranty provided by the manufacturer. Shores NZ Fabrication shall not be bound by nor be responsible for any term, condition, representation or warranty other than that given by the Parts manufacturer.

12.4 If a vehicle or component is submitted for repair under a warranty or insurance claim, and the claim is declined or payment delayed, the Customer is liable for payment and agrees to pay for any such repair.

13. Consumer Guarantees Act 1993

13.1 If the Customer is acquiring Parts for a trade or business, the Customer acknowledges that the Consumer Guarantees Act 1993 provisions do not apply to the supply of Parts by Shores NZ Fabrication to the Customer.

14. Default and Consequences of Default

14.1 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 per cent (2.5%) per calendar month (and at Shores NZ Fabrication’s sole discretion, such interest shall compound monthly at such a rate) after as well as before any judgment.

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

14.3 Further to any other rights or remedies Shores NZ Fabrication may have under this Contract, if a Customer has made payment to Shores NZ Fabrication, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Shores NZ Fabrication under this clause 14, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.

14.4 Without prejudice to Shores NZ Fabrication’s other remedies at law, Shores NZ Fabrication shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled, and all amounts owing to Shores NZ Fabrication shall, whether or not due for payment, become immediately payable if:

(a) any money payable to Shores NZ Fabrication becomes overdue, or in Shores NZ Fabrication’s opinion, the Customer will be unable to make a payment when it falls due;

(b) The customer has exceeded any applicable credit limit provided by Shores NZ Fabrication;

(c) the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors, proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) A receiver, manager, liquidator (provisional or otherwise), or similar person is appointed concerning the Customer or any of the Customer's assets.

15. Cancellation

15.1 Without prejudice to any other rights or remedies Shores NZ Fabrication may have, if at any time the Customer is in breach of any obligation (including those relating to payment and/or failure to remedy any breach in respect of this Contract within ten (10) working days of receipt by the Customer of such notice/s) then Shores NZ Fabrication may suspend or terminate the supply of the Works. Shores NZ Fabrication will not be liable to the Customer for any loss or damage the Customer suffers because Shores NZ Fabrication has exercised its rights under this clause.

15.2 Shores NZ Fabrication may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Customer. On giving such notice, Shores NZ Fabrication shall repay the Customer any sums paid in respect to the Price, less any amounts owed by the Customer to Shores NZ Fabrication for Works already performed. Shores NZ Fabrication shall not be liable for any loss or damage arising from such cancellation.

15.3 If the Customer cancels the delivery of Works, the Customer shall be liable for any loss incurred (whether direct or indirect) by Shores NZ Fabrication as a direct result of the cancellation (including, but not limited to, any loss of profits).

15.4 Cancellation of orders for products made to the Customer’s specifications or for non-stocklist items will not be accepted once production has commenced or an order has been placed.

16. Privacy Policy

16.1 All emails, documents, images, or other recorded information held or used by Shores NZ Fabrication are personal information as defined and referred to in clause 16.3 and are therefore considered confidential. Shores NZ Fabrication acknowledges its obligation to the handling, use, disclosure and processing of Personal Information under the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Terms & Conditions of Trade Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Shores NZ Fabrication acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information held by Shores NZ Fabrication that may result in serious harm to the Customer, Shores NZ Fabrication will notify the Customer by the Act and/or the GDPR. Any release of such Personal Information must be by the Act and the GDPR (where relevant) and approved by the Customer by written consent, unless subject to an operation of law.

16.2 Notwithstanding clause 16.1, privacy limitations will extend to Shores NZ Fabrication concerning Cookies where the Customer utilises Shores NZ Fabrication’s website to make enquiries. Shores NZ Fabrication 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 Customer’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to Shores NZ Fabrication when Shores NZ Fabrication sends an email to the Customer so that Shores NZ Fabrication may collect and review that information (“collectively Personal Information”) If the Customer consents to Shores NZ Fabrication’s use of Cookies on Shores NZ Fabrication’s website and later wishes to withdraw that consent, the Customer may manage and control Shores NZ Fabrication’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

16.3 The Customer authorises Shores NZ Fabrication or Shores NZ Fabrication’s agent to:

(a) access, collect, retain and use any information about the Customer;

(i) (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) to assess the Customer’s creditworthiness; or

(ii) for marketing products and services to the Customer.

(b) disclose information about the Customer, whether collected by Shores NZ Fabrication from the Customer directly or obtained by Shores NZ Fabrication from any other source, to any other credit provider or any credit reporting agency to provide or obtain a credit reference, debt collection or notifying a default by the Customer.

16.4 Where the Customer is an individual, the authorities under clause 18.3 are authorities or consents for the Privacy Act 1993.

16.5 The Customer shall have the right to request (by e-mail) from Shores NZ Fabrication a copy of the Personal Information about the Customer retained by Shores NZ Fabrication and the right to request that Shores NZ Fabrication correct any incorrect Personal Information.

16.6 Shores NZ Fabrication will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required to fulfil the obligations of this Contract or is required to be maintained and/or stored following the law.

16.7 The Customer can make a privacy complaint by contacting Shores NZ Fabrication via e-mail. Shores NZ Fabrication will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to decide as to the complaint within twenty (20) days of receipt of the complaint. If the Customer is unsatisfied with the resolution provided, the Customer can complain to the Information Commissioner at http://www.privacy.org.nz/comply/comptop.html.

17. General

17.1 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 enforce that provision subsequently. 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.

17.2 Any written notice given under this Contract shall be delivered by handing the notice to the other party, in person, leaving it at the address of the other party as stated in this Contract, or by sending it by registered post to the address of the other party as stated in this Contract.

17.3 The laws of New Zealand shall govern these terms and conditions and any contract to which they apply and are subject to the jurisdiction of the Auckland Courts of New Zealand. Terms & Conditions of Trade

17.4 Shores NZ Fabrication 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 Shores NZ Fabrication of these terms and conditions (alternatively Shores NZ Fabrication’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).

17.5 Shores NZ Fabrication may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.

17.6 The Customer cannot licence or assign without the written approval of Shores NZ Fabrication.

17.7 Shores NZ Fabrication may elect to subcontract any part of the Works but shall not be relieved from any liability or obligation under this Contract. Furthermore, the Customer agrees and understands that they have no authority to instruct any of Shores NZ Fabrication’s subcontractors without the authority of Shores NZ Fabrication.

17.8 The Customer agrees that Shores NZ Fabrication may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date the Customer accepts such changes or otherwise at such time as the Customer makes a further request for Shores NZ Fabrication to provide Works to the Customer.

17.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

17.10 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, that they are not insolvent and that this Contract creates binding and valid legal obligations on them.