CONTRACT
Acceptance of a contract ("The Contract") between AutoBase and another party ("The
Company") shall be deemed to be complete upon The Company signing the "Contract
of Services" or otherwise accepting, whether verbally or in writing or electronically,
services to be provided by AutoBase. The items contained in the "Contract of Services",
together with these "Terms and Conditions of Operation" and notices shall be the
conditions of The Contract. All other conditions, warranties, descriptions, representations
and agreements whether express or implied or otherwise are hereby excluded except
when received by The Company from AutoBase in writing. No agent or representative
of AutoBase is authorised to make any representations, statements, conditions or
agreements not expressly confirmed by AutoBase in writing and AutoBase is in no
way bound by any such unauthorised statements nor shall any such statements form,
or be capable of being taken to form part of a contract with AutoBase.
If you are advertising on Trade Me through AutoBase you agree to be bound by the
Terms and Conditions
of use of the Trade Me web site. AutoBase will use its best efforts to communicate
these obligations to you and to work with you to remedy any breach that may occur.
Trade Me reserves the right to refuse listing vehicles for any Registered Motor
Vehicle Trader who breaches those
Terms and Conditions.
RISK
Risk of any loss, damage or deterioration of or to the services provided by AutoBase
shall be born by The Company from the time of initiation.
DELIVERY
Delivery of service will be deemed as being made when information received from
The Company (by any means or from it's agent) is loaded on the AutoBase Site and
is available to be viewed by any person having the necessary equipment and access
to the Internet. Delivery can also be deemed as being made when a service is put
in place by AutoBase and the appropriate password(s) and/or login name(s) are given
either verbally or in writing (electronically or otherwise) to The Company. AutoBase
reserves the right to deliver the goods or services by installments. AutoBase may
withhold delivery until all or any requirements of AutoBase have been met. The cost
of delivery will be charged to The Company unless otherwise specified.
COST OF SERVICES
All published costs for services provided by AutoBase ("Costs") are indications
only. Costs are therefore subject to alteration without prior notice and are accepted
for delivery of services, at the Costs ruling at the time of delivery. Every effort
will be made to keep The Company informed of variations. The Company shall pay to
AutoBase upon demand an amount equal to the goods and services tax (if any) payable
by AutoBase in respect of goods or services supplied to The Company. The Company
without deduction of any kind shall tender the entire invoiced costs.
TERMS OF PAYMENT
Payment of the Costs is due immediately on invoice unless varied in writing by AutoBase.
If AutoBase does not receive payment on due date interest may be charged at (what
is, in the reasonable opinion of AutoBase) the prevailing market interest rate of
such defaults on any amount not received. If The Company defaults in any payments
of or if The Company commits any act of bankruptcy or (if The Company) does any
act which would render it liable to be wound up or have a receiver appointed, AutoBase
may terminate The Contract without prejudice to any other rights it may have and
payment of all Costs shall immediately become due and payable by The Company. If
The Company is not able to immediately pay the amount due to AutoBase (including
any late payment penalty, collection costs and interest charged) then the person(s)
who agreed to, or accepted the services from AutoBase on behalf of The Company and/or
Directors and/or Shareholders of The Company are personally liable for all amounts
as determined by AutoBase.
OBLIGATION
The Company accepts that it is responsible for the accuracy of the information displayed
and will use its best endeavours to keep the information displayed current and acknowledges
that it will not advertise vehicles on the web site that are not currently available
for purchase by consumers.
PROPERTY
Ownership and the title of the goods or services including any electronic or intellectual
property shall remain with AutoBase until the Costs or all services and all other
monies owing by The Company to AutoBase in respect of goods and/or services shall
have been paid notwithstanding that goods and services may have been sooner given
into The Company's possession. Until such payment is made in full: The Company shall
have no power to charge, encumber, transfer or assign the goods or services to any
other person for the purpose of raising money; if any of the goods or services are
sold or otherwise disposed of by The Company (such as an Internet site developed
and/or hosted by AutoBase), before title passes in accordance with this clause,
then The Company shall hold the proceeds of such sale or disposition separate upon
trust for AutoBase and shall be accountable for such proceeds until the Costs of
service and all other monies owing by The Company to AutoBase in respect of goods
and services shall have been paid in full. In this clause "disposition" shall, without
limiting the same, be deemed to include leasing or hireage by The Company to any
third party. This clause does not include any electronic property that AutoBase
may possess or retain on behalf of the Company including vehicle information, vehicle
photographs (digital or otherwise), logos, graphics or any other software system(s),
Internet site, intellectual property or any other item (electronic or not) unless
specifically noted by AutoBase in writing to the Company. If there is no agreement
in place then all property held by AutoBase on behalf of The Company will be deemed
to be owned by AutoBase. If provision or part thereof of this clause shall be invalid,
void, illegal or unenforceable, the validity, existence, legality and enforceability
of the remaining provisions shall not be affected, prejudiced or impaired.
TERMINATION
Except where otherwise noted in writing on the Contract of Services signed by the
Company, a minimum of one month's notice of cancellation of any service provided
by AutoBase must be given in writing. The effective notice commencing only upon
receipt, by AutoBase, of the written notification. AutoBase reserves the right to
terminate a contract without further notice, should in AutoBase's opinion, any breach
of the Terms and Condtions be deemed to have occurred.
WAIVER
All the original rights, powers, exemptions and remedies of AutoBase shall remain
in full force notwithstanding any neglect, forbearance or delay in the enforcement
thereof. No waiver of a breach of any provision of these Terms and Conditions will
constitute a waiver of any other breach of that provision.
AGREEMENT
These Terms and Conditions of Operation are effective from the date The Company
orders or agrees to AutoBase supplying any goods or services.