Terms of Service

  1. What is the purpose of this agreement?
    1. This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and [name of individual franchisee company] trading as Final Touch and our agent(s) (“we”, “us” and “our”).
  2. What information about you can we collect?
    1. You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and performance of our services.
    2. Unless your consent is withdrawn in writing, you agree to the disclosure of information:
      • to give effect to the provision of our products and performance of our services;
      • to enforce our obligations under this agreement or any additional agreement;
      • when authorised by you or required by law;
      • to assess credit worthiness; and
      • to market any of our products and services.
    3. We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.
  3. What are our products and services?
    1. “Product(s)” and “service(s)” means and includes without limitation:
      • paint and accessories and materials (whether separate, attached to something or the subject of our services) supplied by us;
      • vehicle paintwork, repair and labour; and
      • agency fees, charges and out of pocket expenses incurred by us,
      • identifiable in any document or record issued by either party (all of which are deemed to be incorporated into and form part of this agreement).
  4. What is the price?
    1. The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses. If no price is stated, the price will be the standard amount at which that we provide the products and services at the time of your request. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.
  5. What happens when we give you a quote?
    1. If we give you a quote for products and services:
      • the quote will be valid for seven (7) days and exclusive of GST, unless stated otherwise;
      • you will be responsible for increased costs resulting from any subsequent changes to the quote due to any inadequate or inaccurate information, request/requirement for additional products and services or variations;
      • we may withdraw the quote at any time prior to your acceptance of the same; and
      • we may alter the quote due to circumstances beyond our control or clerical or computer error.
  6. When and how do you pay us?
    1. You agree to pay us in full and without set-off, deduction, counterclaim or retention:
      • for credit account holders, on or before the 20th of the month following the date of our invoice;
      • for those without credit accounts, on completion of our services;
      • interest on any amount you owe after the due date at 2.5% per month or part month; and
      • expenses incurred as a result of enforcing any of our rights contained in this agreement including debt collection and legal fees.
    2. You agree to us allocating or reallocating any payment received from you towards any invoice.
    3. You will be responsible for payment if a third party that you expect to pay you or us fails to pay.
  7. What warranties and limitations apply?
    1. Manufacturers’ and third party warranties (where applicable).
    2. If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 and Contract and Commercial Law Act 2017 to the extent permissible by law.
    3. We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control, such as supplier delays.
    4. Subject to applicable insurance and 7.1-7.3, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of products and services provided to you.
  8. What if you wish to make a claim in relation to our products and services?
    1. Claims in relation to our products and services are subject to the following:
      • you notifying us within seven (7) days of completion of our services;
      • the products having been used in accordance with the manufacturer’s/our instructions;
      • the goods subject to our products and services not having been subject to abuse, neglect, misuse, accident or work by a unauthorised third party; and
      • the cost of return of a product being your sole responsibility.
  9. When will the products and services be provided?
    1. We will use our best endeavours to deliver the products and services at the time agreed between you and us; however, the time of delivery is not an essential term of this agreement and if you fail to accept delivery then the products will be deemed to be delivered at the agreed time.
    2. We are not responsible and assume no risk for the goods subject to our products and services at any time.
  10. What ownership and security rights do we have?
    1. We retain ownership of and hold a security interest in all products until you have paid us in full for all products and services provided to you.
    2. Where applicable, we own all existing and new intellectual property rights connected to the products and services. You fully indemnify us for any intellectual property infringements we may make when acting in accordance with your instructions and may use the products only if paid in full and for the purpose for which they were intended and supplied by us.
  11. What if you want to vary an order?
    1. All orders are subject to these terms and conditions and no order may be varied unless both parties agree to the variation in writing before our services commence. If we have reasonably relied on your original instructions then you may be responsible for payment of the price of the original products and services
  12. When can a party cancel this agreement?
    1. Subject to 12.2 and12.3, either party may cancel this agreement at any time by giving seven (7) days prior written notice.We have the right by seven (7) days prior written notice to suspend or cancel wholly or in part this or any agreement for the provision of products and services and/or close your credit account, if you default by;
      • failing to pay or indicating you will not pay any sum owing by the due date;
      • any of your creditors seizing or indicating they will seize any products provided to you;
      • being bankrupted, insolvent, under statutory management or put into liquidation;
      • a receiver being appointed over or a landlord possessing any of your assets;
      • a court judgment entered against you remaining unsatisfied for seven (7) days;
      • breaching the terms of this agreement; and
      • an adverse material change in your financial position.
    2. Cancellation under 12.1 or cancellation or suspension under 12.2 will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement any amount owed by you for products and services provided up to and including the date of cancellation will become immediately payable and current orders will terminate.
  13. Does a personal guarantee apply?
    1. If you are a director of a company or the trustee of a trust:
      • in exchange for us agreeing to supply products and services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
      • any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
    2. A guarantee provided under 13.1 will continue to apply notwithstanding changes to these terms of trade in accordance with 14.7 and/or prior dealings.
  14. What else is agreed?
    1. A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.
    2. Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.
    3. If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
    4. This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms.
    5. If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation within seven (7) days of receiving notice. If the parties cannot resolve the dispute then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996. The presence of a dispute will not affect either party’s claim for any amount due, damages for any breach of obligations under this agreement and any other legal rights either party may have.
    6. Documentation related to this agreement may be served on you by email.
    7. We will notify you of any changes to these terms and publish the same on our website – continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.
    8. This agreement is governed by the laws of New Zealand

About Us

For over 25 years, Final Touch has helped vehicle owners all over New Zealand get that new car feeling.

New Zealand Wide

Title Address Description
Northland - Whangarei
8 Herekino Street, Whangarei, 0110, New Zealand
Auckland City & North Shore
6 Saturn Place, Rosedale, Auckland 0632, New Zealand
Auckland - Wairau
Wairau Valley, Auckland, New Zealand
Maukau
Lambie Drive, Manukau, Auckland 2104, New Zealand
Auckland South - Pukekohe - Drury - Papakura - Takanini
Papakura, New Zealand
Auckland South - Pukekohe - Drury - Papakura - Takanini
Pukekohe, New Zealand
Hamilton Waikato
49a Mahana Road, Te Rapa, Hamilton 3200, New Zealand
Tauranga
Tauranga, New Zealand
Rotorua
Rotorua, New Zealand
New Plymouth
New Plymouth, New Zealand
Napier - Hastings
Napier, New Zealand
Palmerston North - Manawatu
Palmerston North, New Zealand
Wellington City & Region
82 Main Road, Tawa, Wellington 5028, New Zealand
Nelson - Marlborough
190 Rutherford Street, Nelson, 7010, New Zealand
Christchurch
St Albans, Christchurch, New Zealand
Christchurch Central
198 Antigua Street, Christchurch Central City, Christchurch 8011, New Zealand
Dunedin
Dunedin, New Zealand
Invercargill
292 West Plains School Road, West Plains 9874, New Zealand