Repossession Guarantee - Terms and Conditions
This guarantee is given to the Enquirer by:
95 Hurstmere Rd
- +64 9 487 0090
- +64 9 487 0094
Terms and abbreviations used in this Guarantee:
- A stolen (or previously written off) Vehicle bearing the identity of another
- The person to whom we provide the VIR® also referred to as 'you'
- Number Plate
- The registration number of the Vehicle
- New Zealand Transport Agency
- Personal Property Securities Register
- NZTA and PPSR
- the vehicle that is the subject of a VIR®
- Vehicle Identification Number
- Vehicle History Check
The Promoter provides you with information it obtains from the Sources. The Promoter guarantees that the Vehicle will not be repossessed as a result of the data displayed in the VIR® not being identical to the data obtained from the Sources for the following sections:
- Financial Securities (money owing)
- Vehicle is reported stolen
The Promoter's liability under this guarantee applies only in respect of the Vehicle which is the subject of the VIR®. The Promoter's liability does not extend to other claims arising out of the repossession.
If data fails to appear in the VIR®, as a result of the Promoter's act or omission and the Vehicle is subsequently repossessed due to the incomplete, inaccurate or untrue information provided by the Promoter, the Promoter will provide compensation for direct loss suffered by the Enquirer up to the limits specified in the Terms and Conditions.
IMPORTANT: This Guarantee is subject to the following Terms and Conditions.
- The Guarantee is personal to The Enquirer and is not transferable.
- The Promoter does not guarantee the integrity of the Vehicle that is the subject of the VIR®.
- The Guarantee is valid for 12 calendar months from the date of enquiry or until you sell the Vehicle, whichever occurs first.
- If the repossession was the result of a security the security must contain an identifier that was on the vehicle at the time the VIR® report was purchased.
- The Promoter does not guarantee and will not be liable for:
- cars that have been stolen but have not been flagged as such in the police database;
- incorrect data received from the Sources;
- data out of its control i.e. data that is in the possession of the Sources and has not been, or could not have been, transferred to the Promoter;
- any data except the sections and fields defined above in respect of the Vehicle that is the subject of the VIR®;
- any VIR® undertaken of the Vehicle associated with a cloned vehicle;
- any Vehicle obtained by the Enquirer by deception / fraud;
- a Vehicle's description, value, condition or roadworthiness;
- any VIR® and / or Vehicle in respect of which there is a discrepancy between the Number Plate and VIN you supply;
- any event that occurs after the VIR® was purchased;
- any VIR® where the Vehicle was not purchased and in the Enquirer's possession, within 20 days following the VIR®;
- information in respect of Vehicles registered outside New Zealand at the time of the VIR®;
- any claim for loss where you or anyone acting for you knows that any part of the claim is false or fraudulent;
- any claim for loss where you fail to co-operate with the police, the Promoter or its agents;
- any claim for loss that results from any untrue, incomplete or inaccurate data you supply to the Promoter or any error, whether intentional or accidental, on your part to include withholding of material data;
- any claim for loss where you are unable to provide the Promoter with the vendor's phone number;
- any claim for loss or damage where you are unable to provide the Promoter with proof of purchase for a Vehicle for which you paid more than $2000;
- any claim arising from an event before the Vehicle was first registered with the NZTA;
- information that could not be provided by the Promoter e.g. finance data and information that the Promoter could not possess at the time the VIR® was purchased i.e. vehicles that had been stolen but had not been reported as such to the police.
- The Guarantee is subject to the following financial limits:
- For loss of title as a result of the Vehicle the subject of the VIR® upon being reported to the police as stolen as at the date and time of your VIR® and this information being available but not passed on by the Promoter (as opposed to a natural and / or unavoidable delay): a sum not exceeding $100,000 or the market value as at the date of claim, or the price you paid for the Vehicle, or the sum payable to acquire good title, whichever is the lesser.
- Should there have been a registered security against the Vehicle at the date and time of your VIR® and this information was available but was not passed on by the Promoter (as opposed to a natural and / or unavoidable delay): a sum not exceeding $100,000 or the market value as at the date of claim, or the price you paid for the Vehicle, or the sum of all securities, whichever is the lesser.
- In no circumstances (including, without limitation, if the Promoter has been negligent) will the Promoter be liable for any indirect or consequential loss or damage, or for any loss of business, capital, profit, reputation or goodwill whether caused by the Promoter, its servants or agents arising out of or in connection with the VIR®.
- The market value of the Vehicle will be calculated by reference to Redbook's valuation service.
- To qualify for the Guarantee:
- You must not be aware of information confirming, suggesting or giving you reason to suspect that the Vehicle has an adverse history or was subject to the problem in respect of which you are claiming.
- All information provided by the Promoter must match the data appearing on the registration certificate.
- You must provide the Promoter with the VIN from the Vehicle and this must match the Vehicle that is the subject of the VIR®.
- You must ensure that all VIN markings on the Vehicle match one another i.e. they must be identical to each other. This must include the stamped in VIN tag under the bonnet of the Vehicle.
- Claims procedure:
- Claims must be notified in writing to email@example.com;
- you must notify the Promoter within 5 working days of becoming aware of a problem, dispute or potential claim or claim involving the Vehicle.
- If, for operational purposes, the police have asked you not to notify the Promoter of the dispute
the Promoter will require you to:
- obtain written notice of the request from the police
- advise the police in writing that you do not give up your claim to title and receive written acknowledgement of this from them
- In accepting settlement you agree:
- to assist the Promoter to pursue recovery of the Vehicle from any third party;
- to assist the police to prosecute any third party;
- In the case of a cloned or ringed Vehicle you retain, to reinstate the Vehicle's identity at a manufacturer's dealer.