Application: These terms and conditions govern the process for selling a Vehicle through the We Want Your Car website. If a sale is concluded that will be recorded in a Vehicle Sale Agreement (VPA) (see below), which will contain further agreements and undertakings between us. All terms and conditions of the Website (including the Privacy Policy) and those of the VPA apply and are read together with this document.

Note we don't only buy cars. We also buy vans and other vehicles.

1. Background and interpretation:

In this document We Want Your Car Limited is referred to as "we" and according to context also "us" and "our". Also a customer who sells a vehicle is called "you" and also "your".

We also buy vans and other vehicles. In this document "vehicle" refers to a car, a van or any other type of vehicle we may buy.

2. Defined Terms:

For ease of interpretation this document defines certain words and phrases, which in addition to the above, have the meanings ascribed in clause 10.

3. How it works:

3.1 When you log onto our Website follow the prompts to supply information we require about the Vehicle you wish to sell (Online Evaluation Process).

3.2 At the end of the Online Evaluation Process we will give you a Provisional Valuation, which is the price we may pay you for your Vehicle, subject however to the conditions set out below. If for any reason we cannot supply a Provisional Valuation by way of the Online Evaluation Process we may agree to email you a valuation at an address supplied by you. All valuations and prices agreed through the Online Evaluation Process including the Final Price are in New Zealand currency and include any GST which a sale of your Vehicle might attract.

3.3 The Provisional Valuation is not a confirmed and final price and it may change or be withdrawn (see below).

3.4 The Provisional Valuation is valid for seven (7) days, after which time it expires and you must start the Online Evaluation Process again.

3.5 Once you have a Provisional Valuation you will be invited to take your Vehicle to us at a time and place we nominate, where we will inspect it. At that time, or beforehand, we will also check ownership details, finance owing and other relevant information about it and you. You hereby authorise us to make these enquiries (see our Privacy Policy [link]). We have no obligation to buy your Vehicle if we discover anything we are When we inspect your Vehicle we may conduct tests on it (including mechanical tests and/or a road test) and we may check your Vehicle Documentation (which you authorise us to do). When we have completed this process we will give you an Appraisal form.

3.6 After these things have been done we may agree to buy your Vehicle at the Provisional Valuation, we may agree to buy it at a revised valuation (which may be less than the Provisional Valuation) or we may decline to buy it. At this stage the price we agree to pay is called the Appraised Valuation. This may take into account work that needs to be done on your Vehicle or money expended to bring it to a saleable condition.

3.7 We have an absolute discretion to revise the Provisional Valuation or to elect not to buy your Vehicle and whilst we will take into account any views you may express about such a decision, our decision in this respect will be final and not open to challenge. There is no guarantee of a purchase and you have no claim against us for any loss or costs arising if we decide not to buy your Vehicle for the Provisional Valuation.

3.8 Reasons for amending our Provisional Valuation or not buying your Vehicle may include (this is not an exhaustive list): any adverse information we discover about you or your Vehicle (including the extent of finance secured against it, expired WOF or Road User Charges), an unsatisfactory inspection or testing, inconsistencies between information you have supplied us and our enquiries (which includes a breach of your warranties below) excessive additional kilometres travelled between the Provisional Valuation and inspection, and any change to our legal political or economic environment

3.9 The Appraised Valuation may include a number of options for payment (your choice of which may affect the Final Price we agree to pay). The Final Price may also take into account other conditions of purchase such as costs or expenses we have to pay, and delivery charges. This Final Price is then valid for two (2) days, after which time it will expire. We may however add conditions to our purchase which may relate to the timing and method of payment or delivery or the repayment of finance against your Vehicle.

3.10 Once all these things are agreed we will buy your Vehicle at the Final Price and subject to conditions contained in the Vehicle Purchase Agreement (VPA) in the attached form, which will then immediately form a binding contract between you and us. The VPA may be completed and signed electronically or manually/on paper.

3.11 If at any time an Event of Default occurs we may cancel and agreement with you (including a VPA) and withdraw from the process of evaluating or buying your Vehicle. If this happens we have no further liability to you and you will indemnify us for any costs or losses arising from our dealings with you.

3.12 If either we decide not to buy your Vehicle, you elect to withdraw before final acceptance, the Provisional Valuation or the Appraised Valuation expire or we cancel our agreement/ a VPA, there will be no remaining obligations between you and us. If after this you still wish to sell your Vehicle to us you can start the process again, however we have no obligation to transact with you if this happens.

3.13 All documents in this process, including the Appraisal Form, acceptance of Final Price and the VPA may be recorded and accepted through an electronic process (eg acceptance via fields on an IPad). If this is done the terms and conditions in this document and our standard VPA will apply, except to the extent recorded elsewhere in writing.

4. Seller Warranties:

It is very important that you provide us with truthful and accurate information about you and your Vehicle.

We will proceed in reliance of your warranties below. If to any extent any of these warranties are inaccurate or misleading we may, at any time after we become aware of this, withdraw from the evaluation or purchase process. You will indemnify us and hold us harmless for any costs losses or liabilities we may suffer due to a warranty being inaccurate or misleading. You authorise us to take any action which we consider necessary to minimise our loss, and we are not liable to you for any outcome from doing so. As well as withdrawing from a purchase we have a right to take legal action to enforce any warranty given, and to recover our loss if that occurs.

If after you have provided us with information something changes so that it is no longer accurate you must immediately tell us. If you fail to do so that will be considered a breach of warranty.

You warrant and undertake that:

4.1 You are over 18 years of age and are not an undischarged bankrupt or of diminished capacity and otherwise have full legal capability to enter into a binding contract with us.

4.2 You are the legal owner of the Vehicle and there are no limitations to your ability to sell it to us.

4.3 You have fully disclosed to us the extent to which your Vehicle is financed or has a security or other legal claim against it.

4.4 Subject to payment of disclosed finance and security interests over your Vehicle, or otherwise as agreed below, upon payment to you of the balance of the Final Price clear title to your Vehicle will pass to us.

4.5 You have disclosed to us all other relevant information about you and your Vehicle. You have told us if any of the following apply (which may affect what we pay or whether we buy at all). IE we need to know if:

• the Vehicle is not NZ new (ie it is an import).
• the Vehicle is an ex police car, taxi, rental vehicle or used for a driving school.
• there has been an insurance claim against the Vehicle, during your ownership or beforehand (details required).
• the vehicle is damaged in any way or has a material physical, mechanical or operational defect.
• the Vehicle has a personalised number plate.
• the Vehicle does not have sets of working keys.
• the Vehicle has less more than one months left on its warrant of fitness.
• the Vehicle does not meet the condition you have represented (if you say it is in "Excellent" condition it must have no interior or exterior damage or flaw- if it has mechanical damage it will be valued based on "Poor" condition).
• you have any reason to suspect the Vehicle's odometer reading is not accurate.

These and other factors will affect whether we buy your Vehicle and the price we may agree to pay.

4.5 You will at all times act in good faith, with good intent to complete your agreed obligations.

5. Purchaser warranties

We warrant that:

5.1 We have the expertise and experience to operate the Website, to run the "We Want Your Car" program and to complete all the processes agreed to herein.

5.2 We will exercise best endeavours to provide valuations at the times and in the manner agreed. We accept no liability however for unintentional mistakes or typographical errors on our part or any systems failure. (If you believe a mistake has been made please notify us as soon as you can and we will endeavour to correct it).

5.3 If we agree on the purchase of your Vehicle we have the ability to complete that transaction and will do so.

5.4 We will act in good in good faith and with good intent to complete our obligations.

5.5 All warranties of the Buyer that are implied by law and cannot be contracted out of will also apply, however to the extent they can lawfully be contracted out of they will not apply.

6. Seller obligations

You will:

6.1 When prompted to do so, provide us with all requested information about you and your Vehicle promptly, fully fairly and accurately.

6.2 If we agree to proceed and wish to inspect your Vehicle, personally take it to the agreed place at the agreed time (we cannot complete a purchase from you if you (the owner) are not present).

6.3 At that time bring all Vehicle Documentation for us to inspect.

6.4 Authorise us to obtain information from you and your Vehicle from third parties as we determine necessary, such as NZTA, PPSR, credit agencies, credit providers, insurance and repair companies.

6.5 If we agree to buy it, sign all documents and do all other things required to complete the purchase of your Vehicle. This includes repaying any finance secured over it on your behalf, which if agreed you authorise us to do on your behalf.

6.6 If we proceed to buy your Vehicle, deliver it to us at our nominated address, together with all Vehicle Documentation. (In exceptional circumstances we may agree to arrange collection of the Vehicle, however if we do agree to do that this arrangement may be subject to conditions and safeguards. In such event we would have no obligation to pay the Final Price before all our conditions are met.

7. Purchaser obligations

We agree to:

7.1 Use every reasonable endeavour to maintain the Website so that it performs the Online Evaluation Process according to specification, to provide you with a Preliminary Valuation.

7.2 Thereafter if we agree to proceed, to meet with you at our agreed time and venue to assess you and your Vehicle with a view to completing the Appraisal process and making an offer to buy your Vehicle.

7.3 Subject to conditions in the VPA, to buy your Vehicle and pay you the Final Price (less the Fees and any finance or other moneys that are agreed or required to be paid to deliver us clear title to the Vehicle) otherwise in the manner agreed with you. If we do not agree otherwise we will endeavour to make payment to your designated bank account within 4 (four) Working Days of the day when the Final Price is agreed and accepted by you. Payment of the Final Price, once agreed, is the only liability we have to you and you have no right to claim that we must pay you more than this. You must ensure the bank account details you supply are correct and we have no liability for any loss that may occur once we have paid the Final Price to the account you nominate. (Note that the payment process may mean (depending on your bank) that you will not see the funds in your account immediately, nor be able to draw against them straight away.)

7.4 If between this time and when we have fully paid you an Event of Default occurs you will repay us any moneys we have paid you (or paid to third parties on your behalf) and we may cancel the purchase. If we do so we no longer have an obligation to buy your Vehicle and you will indemnify us for any costs or losses we suffer or incur from our dealings with you.

7.5 Subject to clause 8 below, full ownership and risk in your Vehicle will pass to us when the VPA is signed.

8. Finance against your Vehicle.

If your Vehicle is financed or otherwise there are moneys owed to a third party against a security over the Vehicle:

8.1. You must fully disclose to us all details about this finance/moneys owed and you must answer any questions we have about this.

8.2 You agree that we may contact the financier or holder of the security to ascertain the amount required to release their security.

8.3 You authorise us to deduct from any moneys we may agree to pay you for your Vehicle the amount required to release the security over it, and to pay the security holder direct to release the security. If we do this we are doing so as your agent and we have no liability to you, the financier or any other party for undertaking this role. You will remain liable for this finance and you will indemnify us for any costs or loss we may have from doing this.

8.4 You will sign all documents and do all other things required to release the security when we pay the security holder.

8.5 We are not obliged to pay the financier/ security holder and instead we may require you to pay them as a condition of our buying your Vehicle. If the Vehicle has finance or other moneys secured over it in excess of the Final Price we have no obligation to buy your Vehicle but may agree to do so on terms and conditions we may set to ensure the security over your Vehicle will be released, and to ensure we get clear title to it and our Fees paid.

9. Fees and costs.

9.1 You agree to pay us the Fees as set out in the attached fees schedule.

9.2 You authorise us to deduct all Fees and other moneys we are then owed from the Final Price before paying it to you.

9.3 You agree that if Fees and other moneys are not paid to us when they are due you will pay us interest at the Interest Rate, calculated on a daily basis until we receive them in cleared funds.

10. Defined Terms.

Defined Terms used in this document have the meanings set out below. Whenever Defined Terms are used they have these meanings. Defined Terms start in upper case (capital letters):

10.1 "Appraisal Form" means a document we may give you recording the outcome of our assessment of your vehicle, and other matters related to our assessment of whether and on what basis we may buy your Vehicle (see clause3.6).

10.2 "Appraised Valuation" means the price, indicated in the Appraisal Form we may agree to buy your Vehicle for, following the process set out in clauses 3.5 to 3.7 (inclusive).

10.3 "Defined Terms" means the words and phrases defined in this clause 10, which throughout this document will have the meanings ascribed in this clause.

10.4 "Event of Default" means any event that would lead to our cancelling any agreement with you, including a VPA. This includes a breach of warranty or obligation by you, and any other thing or event which we consider increases our risk as a purchaser to an unsatisfactory level (at our discretion), insolvency, Act of War or any other event of a similar nature.

10.5 "Final Price" means the price we will agree to pay for your Vehicle, following the appraisal and evaluation process (see clause 3.10).

10.6 "GST" means goods and services tax.

10.7 "Online Evaluation Process" is the process, using prompts in the Website" that will determine the Preliminary Valuation (see clauses 3.1 and 3.2).

10.8 "Provisional Valuation" is the valuation determined by the Online Evaluation Process. This is not the Final Price, and we are not obliged to purchase your Vehicle at this valuation.

10.9 "Purchaser" means We Want Your Car Limited and any associated company or nominee (You agree that we have the right to nominate a third party purchaser to buy your Vehicle).

10.10 "Seller" means you, the customer who may sell us a Vehicle under the process set out in this document.

10.11 "Vehicle" means a car, a van or any other type of vehicle we may agree to buy.

10.12 "Vehicle Documentation" means 2 sets of working keys, any service history documents, WOF or COF certificate (if applicable), road user charges document (if applicable), proof of ownership, manuals and warranties and other documents you have for your Vehicle.

10.13 "Vehicle Purchase Agreement" or "VPA" means the standard document we use to buy a Vehicle. A sample VPA is found on the Website. See clause 3.11.

10.14 "Website" means www.wewantyourcar.co.nz and any replacement website we may introduce.

10.15 "Working Day" means any day other than a Saturday or Sunday, or a public holiday in New Zealand.