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Repossession Guarantee - Terms and Conditions

This guarantee is given to the Customer by:

Trade Me Limited (Trade Me)
Level 5, 2 Market Lane
Wellington
Email:
support@motorweb.co.nz

Terms and abbreviations used in this Guarantee

Clone A stolen (or previously written off) Vehicle bearing the identity of another
Customer The person to whom we provide the VIR®
Enquirer The person to whom we provide the VIR® also referred to as you
Number Plate The registration number of the Vehicle
NZTA New Zealand Transport Agency
PPSR Personal Property Securities Register
Sources NZTA and PPSR
Vehicle the vehicle that is the subject of a VIR®
VIN Vehicle Identification Number
VIR® Vehicle History Check

The Guarantee

Trade Me provides the Customer, in the VIR®, information it obtains from the Sources. Subject to the rest of the terms of this Guarantee, Trade Me 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

(Data) as at the time the VIR was produced.

Trade Me’s liability under this guarantee applies only in respect of the Vehicle which is the subject of the VIR®. Trade Me’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 Trade Me’s act or omission, and the Vehicle is subsequently repossessed due to the incomplete, inaccurate or untrue Data provided by Trade Me, Trade Me will provide financial compensation for direct loss suffered by the Customer up to the limits specified in the Terms and Conditions. Trade Me’s liability under this Guarantee is limited to providing this financial compensation.

IMPORTANT: This Guarantee is subject to the following Terms and Conditions:

  1. The Guarantee is personal to the Customer and is not transferable.
  2. Trade Me does not guarantee the condition or integrity of the Vehicle that is the subject of the VIR®.
  3. The Guarantee is valid for 12 calendar months from the date of the VIR® is produced or until you sell the Vehicle, whichever occurs first.
  4. If the repossession was the result of a security interest that was provided by the Sources but not listed in the VIR®, the security interest as recorded on the PPSR must contain an identifier (ie Number Plate or VIN) that was on the vehicle at the time the VIR® was produced.
  5. Trade Me does not guarantee and will not be liable for:
    1. cars that have been stolen but have not been flagged as such in the Police database;
    2. incorrect data received from the Sources;
    3. 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 Trade Me;
    4. any data except the sections and fields defined above as part of the Data and in respect of the Vehicle that is the subject of the VIR®;
    5. any VIR® of the Vehicle associated with a Cloned vehicle;
    6. any Vehicle obtained by the Customer by deception or fraud;
    7. a Vehicle's description, value, condition or roadworthiness, or any other quality other than the specific Data;
    8. any VIR® and/or Vehicle in respect of which there is a discrepancy between the Number Plate and VIN you supply;
    9. any event that occurs after the VIR® was produced;
    10. any VIR® where the Vehicle was not purchased and in the Customer’s possession within 20 days following the date the VIR® was produced;
    11. information in respect of Vehicles registered outside New Zealand at the time the VIR® is produced;
    12. any claim for loss where you or anyone acting for you knows that any part of the claim is false or fraudulent;
    13. any claim for loss where you fail to co-operate with the Police, Trade Me or its agents;
    14. any claim for loss that results from any untrue, incomplete or inaccurate data you supply to Trade Me or any error, whether intentional or accidental, on your part in connection with the provision or withholding of any material data;
    15. any claim for loss where you are unable to provide Trade Me with the vendor's phone number;
    16. any claim for loss or damage where you are unable to provide Trade Me with proof of purchase for the Vehicle;
    17. any claim arising from an event before the Vehicle was first registered with the NZTA; or
    18. information that could not be provided by Trade Me e.g. finance data and information that was not available to or provided to Trade Me at the time the VIR® was produced.
  6. The Guarantee is subject to the following financial limits:
    1. For loss of title as a result of the Vehicle the subject of the VIR® being reported to the Police as stolen as at the date and time of your VIR® and this information being available and provided to, but not included in the VIR® by, Trade Me (and where not caused by a natural and/or reasonably unavoidable delay): a sum not exceeding the lesser of (i) $100,000; (ii) the market value of the Vehicle as at the date of claim; (iii) the price you paid for the Vehicle; and (iv) the sum payable to acquire good title to the Vehicle.
    2. If there is a registered security against the Vehicle at the date and time the VIR® was produced and this information was available and provided to, but was not included in the VIR® by Trade Me (and where not caused by a natural and/or reasonably unavoidable delay): a sum not exceeding the lesser of (i) $100,000; (ii) the market value of the Vehicle as at the date of claim; (iii) the price you paid for the Vehicle; or (iv) the sum of all securities, registered against the Vehicle and not included in the VIR®.
    3. In no circumstances (including, without limitation, if Trade Me has been negligent) will Trade Me be liable for any indirect or consequential loss or damage, or for any loss of business, capital, profit, reputation or goodwill whether caused by Trade Me, its servants or agents arising out of or in connection with the VIR®.
    4. In no circumstances will Trade Me’s total aggregate liability under this Guarantee in respect of a Vehicle exceed $100,000.
    5. The market value of the Vehicle will be calculated by reference to Redbook's valuation service.
  7. To qualify for the Guarantee:
    1. You must not be aware, as at the time the VIR® is produced, 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.
    2. All information provided by Trade Me must match the data appearing on the certificate of registration for the Vehicle.
    3. You must provide Trade Me with the VIN from the Vehicle and this must match the VIN of the Vehicle that is the subject of the VIR®.
    4. 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.
    5. You must follow the Claims procedure set out in clause 8 below.
  8. Claims procedure:
    1. Claims must be notified in writing to support@motorweb.co.nz.
    2. Subject to clause 3, The Customer must notify Trade Me within 5 working days of becoming aware of a problem, dispute or potential claim or claim involving the Vehicle.
    3. If, for operational purposes, the Police have asked the Customer not to notify Trade Me of the dispute Trade Me will require the Customer to:
      1. obtain written notice of the request from the Police; and
      2. advise the Police in writing that you do not give up your claim to title and receive written acknowledgement of this from them.
    4. In making a claim and accepting the payment (if any) offered by Trade Me you agree:
      1. to assist Trade Me to pursue recovery of the Vehicle from any third party;
      2. to assist the Police to prosecute any third party; and
      3. in the case of a cloned or ringed Vehicle you retain, to reinstate the Vehicle's identity at a manufacturer's dealer.
Email support@motorweb.co.nz
Copyright © 2025 Trade Me Limited
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