In this document, references to:
- “we”, “us” or “our” are to Windsor Park LifeCare Trust (Charities Number CC55912).
- “you” or “your” are to you, the individual or organisation donating the vehicle.
1. GENERAL CONDITIONS
By submitting this form, you:
- Authorise us to act as your agent, organise the collection and sale of your vehicle and receive the proceeds from the sale of your vehicle;
- Agree that the WPLCT will attempt to achieve the highest possible sale price of your vehicle given market conditions;
- Opt-in to be contacted by us; and
- Accept these terms and conditions.
Limitation of Liability
We will act reasonably and seek to do our best for you, but we retain the right to decline your vehicle at our discretion – of course, we will talk to you about that first.
We are not responsible or liable to you for:
- Returning any personal possessions of yours found in the vehicle;
- Any cost, loss or damage incurred by you if your vehicle is not collected at the arranged collection time;
- The amount your vehicle is sold for (which depends on what the buyers are willing to pay for your vehicle on the day of sale); or
- Your ability to claim a tax deduction in relation to the donation of proceeds of your vehicle (certain conditions apply with the IRD for charitable donation rebates – this is your responsibility).
In all events, we are not responsible or liable to you for any special, indirect, economic or consequential loss caused by us or our respective employees, officers, agents or contractors.
2. YOUR OBLIGATIONS
By accepting these terms and conditions, you acknowledge and agree that the information you provide to us (including in the Cars for Lives donation form and set out below) is correct, that we are relying on the information that you provide to us and that any loss or damage caused by, or arising through any incorrect information provided by you (or similar event), will be borne by you:
- You have the legal right to sell and dispose of the vehicle (you may be asked to provide proof of this prior to collection);
- Your vehicle is free of all security interests (for example, under a hire purchase or loan agreement);
- You have at least one key (or set of keys) for the vehicle which you will provide to us at collection;
- You will maintain at least 3rd party insurance over the vehicle until such time as we advise you that the vehicle has been sold.
- If your vehicle has been involved in an accident while in your ownership, you will disclose this to us and provide details (preferably photographs) of the damage, upon request;
- Your vehicle does not have any major oil leaks; and
- Your vehicle will be easily accessible at the arranged collection time (for example, it will not be parked in an underground car park or at the rear of a property).
If a pre-sale search of the Personal Property Securities Register (PPSR) identifies that the vehicle is subject to any security interest (for example, because it is under finance), we may require you to:
- Remove the security interest (at your cost) and then provide us with an updated PPSR report;
- Accept the return of the vehicle to you: you will be required to organise the collection of the vehicle from us within 2 weeks of this request and you will be liable for any costs incurred by us in cancelling its sale and organising your collection of the vehicle; or
- If your vehicle is subject to a security interest and we do not hear from you within two months of our initial attempt to contact you, we are authorised without limitation to address any security interest and dispose of the vehicle.
You will make yourself contactable to enable the co-ordination of the collection of your vehicle. If your vehicle cannot be collected due to its inaccessibility, you will be liable for any costs incurred by us.
3. RESOLVING ISSUES
If any issues arise, you will work with us to resolve them in good faith. To the extent applicable, these terms and conditions are governed by New Zealand law. Both you and we submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New Zealand and any courts which hear appeals from those courts.
4. CHANGING YOUR MIND
If you change your mind about selling your vehicle:
- Before it is collected, you must notify us at least 24 hours prior to the arranged collection time. You will be liable for any costs incurred by us if you cancel the collection within 24 hours of the arranged collection time.
- Once your vehicle has been collected, the vehicle can only be returned to you prior to its sale (at auction or otherwise). You will be liable for any costs incurred by us in cancelling its sale, collecting and returning the vehicle to you.
- Once your vehicle has been sold, you will no longer have any rights in relation to the vehicle, we cannot return the vehicle to you, and we are not liable for any costs, loss or damage incurred by you.