These terms and conditions of sale (“Terms of Sale”) apply to the exclusive and transferable right to receive and display a unique personalised plate design (‘Plate/s’) on a personalised registration plate for a motor vehicle in New Zealand. This incorporates the right to the selected combination of letters and/or numbers, or alternatively to convert existing registration plates to personalised plates bearing the same combination of letters and/or numbers as the existing plates.
By placing an order for a Plate including via kiwiplates.nz or 0800 650 111, you agree to these Terms of Sale and become legally bound by these Terms of Sale. Please do not proceed to purchase until you have read, understood and accepted these Terms of Sale.
If you have any queries, please contact us and we will be pleased to assist.
You acknowledge and accept that KiwiPlates do not manufacture personalised registration plates and the Government approved manufacturer makes all registration plates for New Zealand.
1. Purchase
Orders processed by KiwiPlates including through kiwiplates.nz or 0800 650 111 are final. You are responsible for all information supplied including entitlement details. We make no representations and give no guarantees about approval or availability of any Plates. Notwithstanding anything contained in these Terms of Sale or elsewhere on the KiwiPlates website, KiwiPlates makes no representation or commitment to supply (or resupply) with respect to any chosen Plate (including the right to the selected combination of letters and/or numbers and personalised plate design) until such time as the order has been correctly submitted to KiwiPlates, payment finalised, and the order finally approved by KiwiPlates. The final approval of orders is subject to various considerations including without limitation, whether the Plate complies with these Terms of Sale, the availability of the Plate and is at the absolute discretion of KiwiPlates. KiwiPlates may cease to offer a particular plate size or personalised plate design without notice. Some plate designs are sold as 'Licensed Products' due to the design containing Licensed Property owned, controlled or managed by a third party (for example Plates incorporating All Blacks logos, artwork, branding or wordmarks). KiwiPlates cannot guarantee that Licensed Product plates will be available at any time and may cease to offer these plates at any time. You must Request to Manufacture all Licensed Product Plates within 12 months of the purchase date being the date of receipt by KiwiPlates of full payment for your purchase (‘Purchase Date’) in order to guarantee manufacture. If you fail to submit a Request to Manufacture, you will be entitled to choose a replacement design of equal or lesser value. KiwiPlates will not issue a refund for the Plate, nor the difference in value. You must ensure that no part of your Plate infringes any intellectual property rights of any person which may include without limitation rights of patent, design, trade mark or copyright. You acknowledge that you are solely responsible for carrying out any required trade mark or other searches to ensure that you are not infringing any third party intellectual property rights.
2. Afterpay Orders
Any orders placed using Afterpay as a payment method (“Afterpay Orders”) are subject to these additional terms:
Afterpay Orders are subject to the Afterpay terms of service available at www.afterpay.com/terms (“Afterpay Terms”). You are responsible for compliance with the Afterpay Terms. Any disputes or complaints in relation to the Afterpay service are to be directed to Afterpay and the outcome of any such dispute or complaint will not affect KiwiPlates’ or your rights and obligations under these Terms of Sale;
To be eligible to use Afterpay you must meet the eligibility criteria set out in the current Afterpay Terms which may include without limitation that you:
You acknowledge that ID verification does not guarantee that your order with Afterpay will be approved by Afterpay, as per the Afterpay Terms;
Payment for your order will not be finalised and your order will not be approved under these Terms of Sale, until KiwiPlates has received payment from Afterpay for your order. The date of receipt of payment from Afterpay will be your “Purchase Date” under these Terms of Sale;
Discount codes are not accepted with Afterpay Orders;
Afterpay cannot be used to purchase gift vouchers;
Any changes to an Afterpay Order, including whether to accept such changes, shall be at the sole discretion of KiwiPlates;
Except where required under the Consumer Guarantees Act 1993 (NZ) (CG Act) or other applicable consumer protection laws or regulations, or as may be accepted by KiwiPlates in its sole discretion, KiwiPlates will not issue a refund for Afterpay Orders whether cancelled by you or otherwise; and KiwiPlates reserves the right to remove Afterpay as a payment option at any time.
3. Price
Prices are quoted in New Zealand dollars and include GST, manufacturing, freight (distribution) and statutory fee/registration charges. Price does not include any other fees, taxes, duties and charges that may be imposed. KiwiPlates reserves the right to change the price of Plates from time to time without notice. Payments for orders submitted may only be made by use of an accepted credit card. Use of a credit card must be done so by, or with permission of, the credit card holder.
4. Approval and Rejection of plate orders
KiwiPlates and the New Zealand Transport Agency (Registrar) have absolute discretion in the approval of personalised plate designs and have the right to reject any order or Plate any time after the Plate design has been ordered, for any reason in its discretion. Rejected Plates will attract a cancellation fee of $100. KiwiPlates complies with strict guidelines from the Registrar. KiwiPlates may reject a Plate if it considers in its absolute discretion that the Plate is or contains material that is objectionable, including without limitation the Plate is considered to be, or have the potential to be:
5. Use of Combinations and messages.
By submitting a combination, or message for use on a message plate, you represent and warrant:
6. Refunds
In cases where an order is cancelled by KiwiPlates, for example due to the order including an unsociable combination, or in the case where a refund is otherwise provided pursuant to applicable laws, the refund will be provided in the same manner in which the initial payment has been received. This can take up to 14 days, depending on the payment method.
7. Manufacturing
Once a Plate order has been correctly submitted to KiwiPlates, payment finalised, and the order approved by KiwiPlates, we will forward a Certificate of Entitlement, receipt and ‘Request To Manufacture’ details.
8. Ownership of Plates
The Registrar has the right to recall plates and require the surrender of plates if:
9. Exclusion of Liability.
Nothing in these Terms of Sale limits your rights as a consumer under the CG Act, the Fair Trading Act 1986 (NZ) (FT Act) or any other applicable consumer protection laws or regulations, to the extent that these rights are applicable to you. To the full extent permitted by law, and except where law prohibits their exclusion, KiwiPlates excludes all representations, warranties, conditions or guarantees including those implied by statute, at law, by trade, custom or otherwise. You will not do or omit to do anything which gives rise to any liability on your part or on the part of KiwiPlates under the CG Act, the FT Act or any other law. You will not make any representation or give any guarantee, warranty or other undertaking in relation to the Plate design or Plate unless such representation, guarantee, warranty or undertaking is supplied by us expressly and in writing. To the full extent permitted by law and subject to any laws that cannot be limited, KiwiPlates, the Registrar, and their officers, employees, agents, contractors, related persons, companies or entities, will not be liable or responsible to you or any third person for any loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data or contracts or economic loss, or penalties, damages, costs or expenses or other loss or damage), and whether in tort (including without limitation negligence), contract or otherwise) in connection with or arising out of the production or 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 of Sale in any way, and to the full extent permitted by law, KiwiPlates is not responsible for:
10. Indemnity.
You hereby agree to indemnify KiwiPlates, the Registrar and their employees, officers, agents, contractors, related persons, companies or entities 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 arise in relation to:
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