Personalised Plates Limited Terms of Sale
Personalised Plates Ltd. (us, we) will give you, the customer, an exclusive and transferable right to receive and display a unique personalised Plate Design on a personalised registration plate in New Zealand (your Plate Design) subject to the following terms:
Choosing your Design. You agree that you are ultimately responsible to approve all aspects of your Plate Design, regardless of any assistance provided by us. We make no representations and give no guarantees about approval or availability of any Plate Design.
Order. If you wish to make an application for a Plate Design (Order), you must pay our Application Fee and provide all required details as requested by us. No Order will be considered for approval until the Application Fee has been paid.
Application Fee / Price. This is the total price payable by you (including GST, freight and registration changes), this is referred to as the Application Fee until your Plate Design has been fully approved. Payment by any means other than cash shall not be deemed complete until that form of payment has been honoured.
Accuracy. You agree that we are entitled to rely on the accuracy of your Plate Design as submitted by you in connection with your Order. You understand that you are responsible for any information you provide to us (including any incorrect information or spelling mistakes) and that you must bear any costs involved with the redesign of any Plate Design that becomes necessary as a result of information supplied by you.
Approval. When your Plate Design is approved, your Application Fee will be paid against your Order. You acknowledge and agree that:
- we have the absolute right to reject any Order or Plate Design in our sole discretion; and
- we are required by law to obtain approval of Plate Designs from the Director of the NZ Transport Agency (Registrar); and
- if more than one Order for the same identical Plate Design is fully approved for any reason, we shall proceed with the Order that was submitted first in time and any other Orders for that Plate Design shall be cancelled.
Refunds. We do not have to refund your Application Fee if you change your mind about your Plate Design or if you do not make your Request to Manufacture within the required time (as set out below), but where a Plate Design is not approved in accordance with the clauses a or b above or where an Order is cancelled in accordance with clause c, then you are entitled to either place a new Order (in which case the Application Fee which you have paid shall be applied towards the new Order) or choose to receive a full refund of the Application Fee, and in either case you acknowledge and agree that no other compensation or damages whatsoever will be payable by us.
Changes. You may request to change your Plate Design once within 30 days of paying your Application Fee* of which no further fee shall be payable, provided a "Request To Manufacture" has not already been submitted to the Manufacturer.
*Changes to customised business branded Plate Designs – changes to these Plate Designs are restricted to the character combination only (provided a "Request To Manufacture" has not already been submitted to the Manufacturer). Once a customised Plate Design has been approved by the Registrar no further changes can be made to the Design.
Late Payment (Laybys/Time Payments). If you fail to pay any amount owing to us within 6 months after the due date for payment, then we may cancel your Order and in such case you may be entitled to a refund of the Application Fee less a cancellation fee, and we will be entitled to sell your Plate Design to any third party of our choosing.
Manufacturing. Once you have completed full payment of the Price, we will send details on how to ‘Request To Manufacture’. You must make a Request to Manufacture within 90 days of paying your Application Fee to enable us to pay the Manufacturers costs on your behalf relating to manufacture and distribution of the personalised registration plate otherwise you will be required to meet the Manufacturer's costs directly. In order for a Plate to be manufactured incorporating your Plate Design, you must complete and submit the required information to the Government appointed Manufacturer. A Request To Manufacture may be made by, including (without limitation) post, email, fax and phone requests. You acknowledge and accept that the Manufacturer makes all license plates for New Zealand, including for us and that we are not responsible in any way for, or for any matter arising in connection with, the manufacture or delivery of your Plate.
Risk. Risk in any Plate Design shall pass to you immediately upon submitting a Request To Manufacture with the Government appointed Manufacturer.
The Registrar may require you to surrender your plates if:
- the plate bearing your Plate Design is not lawfully affixed to a vehicle or has been modified in any way; or
- the Registrar receives a complaint about your Plate Design and considers your Plate Design likely to be offensive to any person; or
- the Registrar is otherwise entitled to by law.
Exclusion of Liability. Nothing in these Terms limits your rights as a consumer under the Consumer Guarantees Act 1993 (CGA) provided that, if you Order a Plate Design for the purposes of a business, then you agree that the CGA will not apply to that Order. All representations, warranties, conditions or guarantees implied by statute, at law, by trade, custom or otherwise are expressly excluded to the fullest extent permitted by law. You will not do or omit to do anything which gives rise to any liability on your part or on the part of us under the GGA, the Fair Trading Act 1985 or any other law and you will not make any representation or give any guarantee, warranty or other undertaking in relation to the Plate Design or Plate unless that representation, guarantee, warranty or undertaking is supplied by us expressly and in writing.
Limitation of Liability. We shall not be liable for any direct or indirect losses (including loss of profits), penalties, damages, costs or expenses of any kind whatsoever brought or incurred by you or any third party in connection with the production of your Plate Design or the manufacture of your Plate or any breach of any third party’s intellectual property rights in connection with your Plate Design or your Plate. Without limiting the foregoing or these Terms in any way, we are not responsible for:
- any loss or costs you incur if your Plate Design is recalled by the Registrar; or
- any physical aspect of any Plate or any matter arising in connection with the manufacture of any Plate including (without limitation) any minor colour, design or spacing variations between any visual representation of the Plate Design produced by us, and what is produced by the Manufacturer, the font used for all Plates as prescribed by the Registrar, defects in manufacturing of any kind, or any aspect of delivery.
Indemnity. You shall at all times indemnify us and our employees, officers, agents and contractors from and against any loss, costs, claims, damages, expenses (including legal costs and expenses on a solicitor/client basis), liabilities, proceedings or demands whether direct or indirect, incurred or suffered by any of them which were caused by a breach of these Terms, or any wilful, negligent or unlawful act or omission, by you or by any person for whom you are responsible.
Authorisation. You authorise us to collect any personal information that you provide to us in applying for your Plate Design for our necessary business purposes including processing your application and marketing our other products and services. You have the right to access and request correction of any personal information that we hold about you. You authorise us to use any aspect of your Plate Design for our business and promotional purposes. You authorise us to disclose to the public the Price of your Plate Design, and the date on which you bought it.
Intellectual Property. You must ensure that no aspect of your Plate Design infringes any patent, registered design, trademark or copyright of any person or anyone's intellectual property rights and acknowledge that you alone are responsible for carrying out adequate trademark searches or likewise to ensure that you are not infringing anyone else’s intellectual property rights.
Unclaimed Moneys Act. If for any reason we hold funds to which you are entitled, and are unable to contact you using reasonable efforts, then we will hold the funds for 6 years in accordance with the Unclaimed Moneys Act 1971 before applying those funds to our benefit.
Default, Termination and Suspension. We may, in our sole discretion, suspend or terminate any Contract incorporating these Terms, and the payment of all amounts owing by you to us under these Terms shall immediately become due and payable, if you:
- are in breach of any of these Terms; or
- are unable to pay your debts as they fall due.
Other Terms. If there is any inconsistency between these Terms and any Order submitted by you and accepted by us or any other arrangement between the parties, these Terms prevail unless otherwise agreed in writing by the parties. The provisions of these Terms, any relevant Order and any relevant payment terms constitute the entire agreement between you and us with respect to its subject matter and supersede all previous understandings, arrangements, agreements and communications, whether verbal or written, between you and us or their advisers with respect to that subject matter. Any verbal agreement which does not conform with such provisions shall not be binding on us unless it has been confirmed by us in writing.
Assignment. We may assign these Terms (including any Order) or any of its rights, duties or obligations under these Terms (including any Order) at any time.