Now you can buy and sell wholesale vehicles from the comfort of your dealership. Register in just a few minutes FOR FREE.
- Terminology: Contained within our terms and conditions the following words or phrases listed below will be deemed to have the meanings as described below.
"You" and "Your" are a reference to you the registered user;
"Our", "Us" and "We" being AutoTender and/or A & J Douglas Ltd;
"AutoTender" being A & J Douglas Ltd;
"Vendor" any person, company or entity which is a registered user that has listed a new vehicle for tender;
"RMVT" being a Registered Motor Vehicle Trader;
"Services" encompasses all of the services offered by AutoTender including but not limited to: The sale of a vehicle by tender process and the passing of contact details between dealers;
"User" an individual, company or entity which is a registered user on our website;
"Website" is the website which AutoTender offer their services through;
"Purchaser" a person, company or entity who has placed a tender price on a vehicle that has been accepted by the vendor;
"Potential purchaser" any person, company or entity who creates a user account and or places a tender price on a specific vehicle;
"Listing" means a new vehicle which that has been uploaded onto our website for the purpose of attracting tender prices and ultimately a sale;
"Vehicle" any motor vehicle that is listed for sale on our website; - Your acceptance of our terms and conditions: By creating a user account and or using our website you are deemed to have accepted our terms and conditions. If you do not accept our terms and conditions you must not use our services or our website.
- Changes to our terms and conditions: We reserve the right to change our terms and conditions without prior notice. It is your responsibility to ensure you are up to date with our latest terms and conditions. Any changes to the terms and conditions become effective immediately after they are posted on our website.
- Becoming a registered user: Creating a user account is free, you must be legally entitled to create a user account for the company or entity name in which the account is being created for.
Removing a registered user: You can remove or delete your user account at any time. AutoTender may at its sole discretion remove, delete or suspend your user account.
Your user account details: By accepting these terms and conditions it is deemed that you have supplied AutoTender with your correct and lawful details. Should at any point in time your details change you will update your details and keep them current.
Password security: You must not disclose your user account password to any third party.
- Listing a vehicle is free of charge and you may list as many vehicles as you like at any one time.
To ensure our website remains full of viable listings you must maintain a 10% sale rate when compared to your total number of listings, i.e. for every 10 vehicle you list one of them must have been sold through our site.
- You accept that from time to time AutoTender will send communications to you to keep you informed of site news, updates, your tender results and other relevant goings on.
Through the majority of the tender process your details will be withheld from other users. You will not be able to ascertain who is the vendor and who is the potential purchaser.
Your details will be sent to another user only when you (a) accept a tender placed on one of your listings; or (b) you are the potential purchaser whose tender price has been accepted by the vendor. In these circumstances the vendors and the potential purchasers contact details will be sent electronically to each other.
- Disclaimer: You accept that you use our services and website at your own risk. We do not guarantee an uninterrupted service. We will not accept liability for any loss of any kind during your use of our website or services and we can not guarantee the security of our website.
- Other: AutoTender does not represent either the vendor or the potential purchaser. Our service is to supply a web based medium for you to use for the purpose of the trading of motor vehicles between RMVT. As such we will not enter into any dispute between any users. Once a tender listing is accepted AutoTender will exchange your contact details with one another and it is up to the vendor and the purchaser to organise invoices, payments, shipping and to resolve and disputes that may arise.
- Vehicle descriptions and information: AutoTender is a third party service which RMVT dealers use to buy and sell motor vehicles between other RMVT dealers. AutoTender has not sighted any of these vehicles nor have we had any input or controlling influence into how those vehicles are described in both detail and condition on this website. All vehicle descriptions including but not limited to Vehicle year, make, model, kilometres travelled, transmission details, and vehicle condition are entered on to our site by the vendor and as such AutoTender displays these descriptions on our website in good faith. AutoTender cannot and will not be held liable for any incorrect vehicle descriptions displayed on this website.
- Vehicle securities: AutoTender does not check vehicles listed on our site for any registered security interests or encumbrances. It is the sole responsibility of the purchaser to ensure that they are satisfied that any vehicle they purchase is security and encumbrance free prior to settlement of the purchase.
- Risk: AutoTender runs a feedback system to assist you to estimate the potential risk involved in dealing with another user. You do however conduct your business on our site at your own risk and furthermore agree and accept that AutoTender is not responsible and nor can we be held liable for the actions of our users including but not limited to users who have registered with us in the attempt to defraud other users.
- Disputes Resolution Policy: AutoTender represents neither the vendor nor the purchaser and as such any dispute or resolution process over the quality of the goods purchased, description of the goods, or any other form of misrepresentation of the goods is strictly between the vendor and the purchaser. Further more you agree not to attempt to have AutoTender enter into disputes resolution activities over goods purchased, description of goods or any other form of misrepresentation of the goods.
- Personal Information and Privacy: We may collect personal information and other relevant information about you for the purposes of providing our services to you. If we do, you authorise us to hold, use and disclose such information as is necessary to give effect to our services.
Where you provide us with any personal information about a third party, you confirm that you have collected this personal information in accordance with the Privacy Act, that you are entitled to provide this personal information to us and that we may use and disclose this personal information to complete our services. We agree to handle all such third party personal information in accordance with the Privacy Act.
- Limitation of Liability and Indemnity: These Terms, except insofar as they are varied in writing by way of separate documentation between the parties, is the only document governing our relationship with you. Nothing in these Terms, however, excludes, restricts, or modifies the application of any Statute where to do so would contravene that Statute or cause any part of these Terms to be void.
Our liability for any loss or damages suffered by you (whether direct, indirect or consequential) resulting from our services to you shall be limited to three times the amount of fee paid to us for the relevant service and you agree to release us from all claims exceeding three times the amount of our fee.
If, notwithstanding the provisions of these Terms, we are found to be liable for breach of any duty and you have contributed to your loss or damage, any damages payable by us shall be reduced to the amount which would have been payable by us if the provisions for apportionment of damages in the Contributory Negligence Act 1947 were applicable to a claim based on breach of duty.
You agree that, to the extent permitted by law, we shall not be liable for any loss or damages you suffer that are attributable to negligence, fault or lack of care on your part.
You agree to indemnify and hold us harmless against all loss and damages (inclusive of legal costs) we may suffer as a result of your breach or connected to your breach under these Terms.
- Payment of fees: All fees are paid by monthly invoice, an invoice for each successful transaction will be sent to your e-mail address, pay on this invoice as no statement will be sent. All accounts are to be settled in full by the 20th of the month following. Failure to fully settle your monthly account will incur penalty interest of 20% per month and suspension of your user account. AutoTender reserves the right to pass on all debt collection costs to the member involved.
- Variation: No variation to these Terms shall be valid unless agreed in writing by authorised signatories of both parties.
- Relationship between the Parties: We are engaged as an independent contractor. Neither of us is an agent or representative of or has the authority to bind the other. These Terms shall not be intended and will not be taken to constitute a partnership, agency, employment, joint venture or fiduciary relationship between us.
- Entire Agreement: These Terms constitute the entire agreement between us. They supersede all prior communications, negotiations, arrangements and agreements, either oral or written between us.
- Assignment: Neither of us may transfer, assign or novate these Terms without the prior written consent of the other. However, we may assign these Terms to any successor to our business.
- Severability: If any of these Terms are not legally enforceable then that particular term or relevant part of it will be ignored but the remaining terms will continue in all respects to remain in full force and effect.
- Governing Law: These Terms are to be governed by the laws of New Zealand and both of us submit to the exclusive jurisdiction of the courts of New Zealand.
- No Waiver: A waiver by one of us of a breach by the other party of any term does not operate as a waiver of any other term or continuing breach of the same or any other term.
- Site notices: These terms and conditions are to be used and agreed to in conjunction with other site notices and content including but not limited to the AutoTender web page labelled "Tender process".
- Currency: All transactions are in New Zealand Dollars with all fees payable being plus G.S.T.
- Refunds: In the event that any transaction which has incurred a success fee fails to complete both the Vendor and the Purchaser are entitled to a refund of the success fee charged. In this event AutoTender will refund the success fee after we have received notification from both parties involved in the sale, that the sale was not completed. AutoTender at its sole discretion may make independent enquires including but not limited to vehicle ownership checks to satisfy its self as to the validity of any refund request.