91大神

Please read these terms in full. By delivering your vehicle, requesting Work, and/or authorising services from 91大神 2009 Limited (鈥�91大神鈥�), You are confirming that You have read, understood and agree to these Terms & Conditions of Trade (鈥淭erms鈥�).

1.1 鈥淔别别蝉鈥� means the amount payable for the Work (excluding GST), including labour, parts, consumables, and out-of-pocket expenses.
1.2 鈥淧谤辞箩别肠迟鈥� means the project that the Work is provided for, whether undertaken on a vehicle, vehicle parts, or other items.
1.3 鈥淲ork鈥� means all services, parts, consumables and deliverables provided by 91大神 for the Project, whether on a vehicle, vehicle parts, or other items.
1.4 鈥渊辞耻鈥�, or 鈥渊辞耻谤鈥� means the authorised person(s) requesting 91大神 to perform provide services Works on a vehicle or other item, jointly and severally if there is more than one.
1.5 Interpretation:
(a) Headings are for convenience only and do not affect interpretation.
(b) Words in the singular include the plural and vice versa;
(c) A reference to:
(i) a party includes that party鈥檚 authorised representative, and permitted successors or assigns.
(ii) 鈥渋ncluding鈥� and similar words do not imply any limit.

2.1 Request for Work: By delivering Your vehicle, parts, or other items to 91大神, or by requesting Work (by whatever means, including in person, via phone, email, messenger, text, or through the Global Workshop App (鈥淎pp鈥�)), You are requesting 91大神 to perform Work. Your request means:
(a) Acceptance of these Terms;
(b) Authorisation for 91大神 to start Work on a time and materials basis, even if an estimate or ballpark has not been provided or accepted; and
(c) Acknowledgement of the associated costs of the Work.

2.3 Client Acknowledgement & Warranties: You warrant that You:
(a) are the legal owner or are authorised to request the Work on the vehicle, parts, or items for the Project;
(b) have sufficient means to pay for the Work and other costs incurred, as invoiced, when payment falls due.

2.4 Termination
(a) Termination by You: You may terminate all or part of the Work by written notice via email to us at any time. 91大神 will promptly make arrangements to stop the Work and minimise further expenditure, however there may be further Work required to prepare the vehicle (which may have been disassembled depending on the stage the Work is at), parts, or other items for collection by You. You will pay for all Work up to the date of collection.
(b) Termination for other events: Without limiting a Party鈥檚 other rights and remedies, either Party may terminate these Terms immediately by written notice if the other Party ceases to carry on business, ceases to be able to pay its debts as they become due, enters into a composition with its creditors, goes into liquidation, or a receiver and manager or statutory receiver is appointed in respect of that Party, or any analogous event occurs.

3.1 Performance of the Work: 91大神 will honour its obligations under the CGA in respect of Work carried out.
3.2 When CGA Applies: The parties agree that where all or any of, the Work are acquired for the purposes of a business the provisions of the CGA are excluded in relation to the Work. However, nothing in these Terms shall restrict, negate, modify or limit any of Your rights under the CGA where the Work acquired is of a kind ordinarily acquired for personal, domestic or household use or consumption and You are not acquiring the Work for the purpose of a business

4.1 All Work is performed on a time and materials basis.
4.2 Labour is billed at 91大神鈥檚 current hourly rate, which is subject to change without notice.
4.3 Parts, fabrication, and finishes are billed as incurred and may vary depending on selections, availability, or discoveries during the Project.
4.4 All fees and price indications are in New Zealand dollars and excluding GST unless stated otherwise.

5.1 Non-binding: Due to the variable nature of classic car servicing, repair and restoration, 91大神 does not provide quotes. However, 91大神 can provide non-binding Ballparks and Estimates. Ballparks are non-binding approximate initial figures provided for guidance only. Estimates are more detailed non-binding indicative figures based on current knowledge of the Project and are provided to help guide planning of the Project.
5.2 Request for updated costings: You may request a revised Estimate or Ballpark at any time. In providing these, 91大神 will endeavour to reflect the current scope, parts, labour, and discoveries to date.
5.3 Final Costs: Final costs may vary from any initial price indication due to (for example and without limitation):
(a) The actual time required to complete the Work;
(b) Unforeseen issues discovered during the Project or a change in the scope of the Project;
(c) Parts, consumables, finishes, or specialist fabrication selected;
(d) Freight, shipping, or other out-of-pocket expenses.

6.1 Progress Updates: 91大神 provides regular updates on the Project primarily via the App, and by email or phone (鈥淧rogress Updates鈥�). Weekly invoices reflect the Work completed and Progress Updates shared in the App.
6.2 Instructions Requests: Changes, additions, or late requests may result in additional Work, Fees, or schedule adjustments. To assist with the Work, You are responsible for:
(a) Reviewing Project Updates regularly in the App;
(b) Contacting 91大神 promptly with any questions You may have, for example regarding Work completed, Fees, or to request additional information or a revised estimate;
(c) Responding promptly to any communications from 91大神, for example regarding unexpected issues, decisions, or approvals needed from You during the Project (鈥淚nstructions Request鈥�).
6.3 Prompt Communication: Your prompt communication (including Progress Updates and Instructions Requests) assists to ensures that unforeseen issues, scope changes, or additional Work can be addressed promptly, helping to minimise delays, misunderstandings, and additional Fees.
6.4 Suspending Work: If 91大神 does not hear from You in a prompt manner (usually 24 hours) after any Instructions Request, 91大神 may suspend Work until communication resumes. 91大神 will notify You prior to suspending the Work.
6.4 Ceasing Work: If 91大神 does not hear from You for a further 7 days then all Work will cease and the vehicle may then be moved into storage at Your cost. Applicable transport, storage fees and other direct costs will apply from the date of the last Instructions Request.
6.5 Resuming Work: Work will resume once You communicate with 91大神 and resolve any Instructions Requests, other outstanding issues, approvals, or invoices. 91大神 is not liable for any loss, damage, or additional costs arising from delays caused by You, parts sourcing, or workflow scheduling.

7.1 Deposits & Prepayments: Some Work, including outwork, may require a deposit or full payment before ordering or scheduling such work.
7.2 Part Orders & Title: Certain parts may require advance payment in full and will only be ordered once payment has been received. Where parts are ordered by 91大神, title in all such parts remains with 91大神 until payment in full has been received, notwithstanding that the parts may have been installed in or delivered with a vehicle or other item.
7.3 Overseas Sourcing & Additional Costs: Where parts, materials, or vehicles are sourced from overseas, additional costs may apply, including but not limited to shipping and freight charges, customs or import duties, currency conversion fees, any other incidental costs incurred to bring the item to New Zealand. 91大神 will obtain estimates of these costs where possible. Such costs will be on-billed to You.
7.4 Non-Refundable Deposits: Deposits or advance payments will be applied to the overall cost of the Project and are non-refundable once the part has been ordered or Work scheduled.
7.5 Suppliers: While 91大神 takes reasonable care in selecting and recommending third party suppliers, it is ultimately Your decision to approve any such supplier. You are responsible for taking reasonable steps to verify the suitability of any third party supplier. Any Work carried out by these suppliers is solely their responsibility, and any claim regarding parts or services provided must be addressed directly with them.
7.6 Client-Supplied Parts: 91大神 is not responsible for loss, damage, defects, failures, delays, or incompatibilities arising from parts or materials supplied by You. Any warranty coverage for such items is limited to the manufacturer or supplier, and 91大神 will not be liable for any loss or damage resulting from their use.

(a) Exclusion of Implied Terms: To the fullest extent permitted by law, all conditions, warranties and representations not expressly contained in these Terms are excluded.
(b) Legislative Conditions & Warranties: Where legislation implies in these Terms any condition or warranty that cannot be excluded or modified, the liability of 91大神 for the breach of any such condition or warranty is limited at 91大神鈥檚 option to any one or more of the following:
(i) in the case of parts, replacing or supplying equivalent parts or paying for the cost of replacing or acquiring equivalent parts; and
(ii) in the case of any Work, resupplying the Work or paying for the cost of resupply.
(c) No liability for Loss or Damage: 91大神 is not liable for any loss or damage of any kind (whether to a vehicle, parts, You or any third party and including any indirect or consequential loss, any loss of profit, loss of contract or loss of goodwill) arising from or in connection with the supply of or failure to supply the Work or these Terms, even if due to the negligence of 91大神 or any of its employees or agents.
(d) Cap on Liability: The exclusions and limitations in these Terms apply to the maximum extent legally permitted. To the extent that 91大神鈥檚 liability cannot be or is not otherwise limited, 91大神鈥檚 aggregate liability arising from or in connection with the supply of or failure to supply the Work or these Terms, even if due to the negligence of 91大神 or any of its employees or agents), will not exceed $1,000.
(e) Mitigation: Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms.
(f) Proportionate liability: If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a third party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution.
(g) Your Joint and Several Liability: Where the Terms have been entered into by an agent or a person purporting to act as agent on Your behalf, the agent and You shall be jointly and severally liable for payment of all Fees due to 91大神 under these Terms.

9.1 Invoice Payment: Vehicles, parts, or materials will not be released until all invoices are paid in full. You must pay 91大神 for the Work, the Fees at the times and in the manner set out below:
(a) Jobs completed within one week: payment is due prior to collection.
(b) Ongoing jobs: invoiced weekly as progress payments, due within 7 days of the date of invoice. Weekly invoices correspond to updates shared via the App.
9.2 No right of set off: Payment of invoices will not be withheld, reduced or deferred on account of any claim, counterclaim, set-off or otherwise, even if part of an invoice is disputed. The mediation obligation will not apply to a Fees and/or disbursements recovery claim by 91大神.
9.3 Payment Default:
(a) If You fail to make payment of an invoice that is due and payable and that default continues for 7 days, 91大神 may provide written notice to You specifying the default and requiring payment within 7 days from the date of the notice.
(b) Unless payment has been made by You in full, 91大神 may suspend performance of the Work and withhold deliverables any time after expiration of the notice period. 91大神 will lift the suspension of Work and withholding of deliverables after You have made the payment.
(c) Regardless of whether or not 91大神 suspends the performance of the Work and withholds deliverables in accordance with this clause, 91大神 may charge interest on overdue amounts from the date payment falls due to the date of payment at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by 91大神鈥檚 primary trading bank as at the due date plus 2% per annum, and in addition to the costs of any actions taken by 91大神 to recover the debt.
(d) 91大神 will not be liable to You or any third party for any loss arising from suspending the Work or withholding deliverables.
9.4 Unpaid Seller鈥檚 Right / Worker鈥檚 Lien: Where full payment has not been received, 91大神 may:
(a) Retain possession until all outstanding Costs.
(b) Sell the vehicle or item under the Contract and Commercial Law Act 2017 to recover Costs.
(c) Claim any remaining monies owed after disposal.

10.1 Vehicle Assessment & Documentation: Upon delivery of Your vehicle, parts, or other items to 91大神鈥檚 workshop (鈥淲辞谤办蝉丑辞辫鈥�), 91大神 will document the visible condition of the vehicle, parts, and components at Your cost (including pre-stripping or assessment). Once Work starts, 91大神 will do a further assessment of the vehicle, parts, or other items, including a review of any specific concerns You have raised. These assessments are limited to what can reasonably be observed based on the level of work or stripping done and do not cover parts or components that are sealed, obstructed, or have not been inspected. Any additional work identified during this assessment will be communicated via the App.
10.2 Insurance: You must maintain comprehensive insurance coverage on the vehicle for the duration of its time with 91大神, including periods in the Workshop or during transport for outwork. It is Your responsibility to notify Your insurer that the vehicle is undergoing restoration and is in 91大神鈥檚 care for storage.
10.3 Vehicle Registration: For New Zealand-registered vehicles, 91大神 recommends that Your vehicle鈥檚 licence and registration remain current, or be formally placed on hold, while work is being done. Vehicles with lapsed registration may require additional compliance steps before they can legally return to the road.
10.4 Your Obligations & Risk:
(a) Vehicle Storage & Use: While Your vehicle, parts, or other items are at the Workshop, they are stored and moved at Your risk. You must remove all valuables prior to delivery, as 91大神 is not responsible for loss, theft, or damage to vehicle contents.
(b) Vehicle Transport & Delivery: Any vehicle, parts, or items transported by 91大神 or its agents, including delivery to or from suppliers, are at Your risk. You are responsible for arranging or paying for additional insurance if desired.
10.5 Liability Limitations:
(a) Liability for Pre-existing, Aged, or Fragile Components: 91大神 is not liable for any physical damage, electrics, parts, plastics, fabrics, mechanical components, or glass that were faulty, damaged, or fragile at the time of delivery, or that develop independently of the Work. You acknowledge that older components may fail due to age, wear, or inherent material fatigue during the repair or restoration process, and such issues are outside 91大神鈥檚 control. Some components may be unavoidably damaged during the removal process, including those secured with glue or other adhesives.
(b) Glass Removal: Where window or windscreen glass removal is required as part of the Project, 91大神 will exercise reasonable care. However, 91大神 will not be liable for cracks, chips, or breakage of pre-existing or fragile glass during removal, handling, reinstallation, or exposure to heat in the paint booth.
(c) Test Drives & Vehicle Operation: 91大神 will conduct test drives, startups, or operation of the vehicle at its discretion and taking reasonable care. 91大神 will not be liable for any damage resulting from such testing, unless caused by negligence or wilful misconduct.

11.1 Workshop Scheduling & Internal Delays: 91大神 works on multiple projects at any time. Your vehicle, parts, or items may not receive continuous, end-to-end attention without prior arrangement. Certain processes may require Your vehicle to remain in the Workshop for technical restoration steps, parts, or to accommodate other projects. While 91大神 endeavours to adhere to agreed schedules, timing can be fluid and it is not liable for any loss, damage, or additional costs arising from such scheduling delays.
11.2 Parts Sourcing & Availability: Delays may occur due to parts or materials being unavailable, or delays outside 91大神鈥檚 reasonable control, including due to supplier, shipping or overseas sourcing. 91大神 will communicate anticipated delays in a timely manner but will not be liable for any loss or delay arising from such issues.
11.3 Abandoned Vehicle: If You do not collect Your vehicle, parts, or other items within 30 days written notice to You, 91大神 may, at its discretion, dispose of, sell, or otherwise deal with such items to recover its Costs. Any surplus funds will be returned to You after deduction of such Costs.

12.1 Prompt Contact by You: It is Your responsibility to contact 91大神 promptly at any point during the Project with any concerns or questions. Failure to raise concerns promptly may limit 91大神鈥檚 ability to resolve issues effectively.
12.2 Concerns on Fees: If You have any concerns regarding any Fees or an invoice, in part or in full, You must raise them in writing with 91大神 within 7 days of the invoice date. Payment of an invoice is taken as acceptance of the Work detailed in the App corresponding to the weekly invoice cycle.

13.1 Client Sign-Up: You must register for and maintain access to the App for the duration of the Project. 91大神 will use the App as the primary method for communicating project updates and notifications to You and it constitutes written notice for the purposes of authorisations and approvals.
13.2 Project Updates & Communication: The App provides a visual timeline of Work completed, progress updates, and records of parts, labour, and services. You are responsible for reviewing updates regularly and using the App to:
(a) Raise questions or concerns;
(b) Approve additional work or costs;
(c) Request revised estimates;
(d) Track progress against invoices and milestones.
13.3 Access & Privacy: Access to the App is for You, the client only. Links, credentials, or content from the App may not be shared without 91大神鈥檚 prior written consent.
13.4 Restriction of Access: 91大神 reserve the right to restrict or remove Your access to the App without notice in the event of:
(a) Non-payment of an invoice by the due date;
(b) Delays caused by You; or
(c) Any other breach of these Terms.

14.1 Ownership of Media: All media created by 91大神, including photographs, videos, or other visual records of Your vehicle, parts, or Project, remain the Toy Shop鈥檚 property. 91大神 may use this media for advertising, promotion, or other purposes across all platforms, both print and digital.
14.2 Client Access: You may request access to media documenting the Work on their vehicle or project. Access is provided at 91大神鈥檚 discretion and may be restricted or revoked where reasonably necessary. Media or content may not be shared without 91大神鈥檚 prior written consent.
14.3 Certifier Use: Where necessary, specific media may be shared with certifiers or third parties to verify work. A separate selection of media may be created for this purpose.
14.4 Access Removal: 91大神 reserves the right to restrict or remove access to media in the event of non-payment, extended project delays, or other breaches of these Terms.
14.5 Intellectual Property: All designs, drawings, and fabrication plans created by 91大神 remain the intellectual property of 91大神 and may not be reproduced, shared, or used by You or third parties without 91大神鈥檚 prior written consent.

15.1 Warranty on Work:
(a) 91大神 will honour its obligations under the CGA.
(b) A Warranty applies only to the original owner at the time of Work and is not transferable.
(c) Invoices must be paid in full and on time for the Warranty to apply.
(d) You must regularly and properly maintain the vehicle and store it in line with standard vehicle care practices and any reasonable instructions provided by 91大神 in relation to Your vehicle or part.
(e) Failures caused by the following void any warranty provided for Work performed by 91大神:
i. failures or defects arising in adjacent components, pre-existing work, or parts not supplied or installed by 91大神.
ii. Partial repairs (e.g., software updates without full component rebuild).
iii. Use outside ordinary use of the vehicle or part (e.g., burnouts, competitive motorsport, off-road use or any other extreme application not pre-approved in writing); `
iv. Continued use of the vehicle or part after the issue becomes apparent;
v. Fair wear and tear, accidents, or acts of God;
vi. if the Work is repaired, altered, or overhauled without 91大神鈥檚 consent or an opportunity given to 91大神 to repair or remedy.
vii. Underbody areas cannot be protected and are therefore excluded from any warranty.
15.2 Investigation & Remedial Work:
(a) If You report an issue, 91大神 will investigate to assess the cause.
(b) All Warranty work is 鈥渂ack-to-base鈥�, and transport to/from the Workshop is at Your cost.
(c) If the issue is not directly caused by Work, You are liable for the cost of investigation and any remedial work in accordance with these Terms.
(d) Warranty repairs assume the date of the original Work Warranty commencement date.
15.3 Bodywork / Paintwork Warranty Bare Metal / Full Respray Work
(a) 91大神 guarantees its Bare Metal / Full Respray Work for 10 years (鈥淔ull Paintwork Warranty鈥�) provided the vehicle is returned to 91大神 for assessment of the Work between 12鈥�18 months from date of Work completion; otherwise, warranty reduced to 2 years from date of Work completion.
(b) In addition to the standard warranty terms set out in clause 14.1, the further conditions apply to the Full Paintwork Warranty:
i. applies only to areas of the metal substrate exposed, prepared, repaired, treated, and coated by 91大神;
ii. underbody areas are excluded;
iii. suspected corrosion must be reported immediately in writing to 91大神, otherwise delays may reduce coverage proportionally.
15.4 Partial Paintwork
(a) 91大神 can not guarantee colour matching, long-term durability, or cover issues from underlying defects or prior repairs.
(b) By authorising partial paintwork, You acknowledge that the following issues may occur and are therefore excluded from any warranty by 91大神.
i. Colour variations between newly painted and existing panels;
ii. Deterioration of existing paint;
iii. Failures to the partial paintwork caused by prior repairs, corrosion, or substrate weaknesses;
iv. Environmental exposure or UV fade to the partial paintwork and the existing paintwork.
15.5 Warranty on Parts:
(a) All parts (excluding consumables) will be covered by the supplier鈥檚 warranty terms (if any).
(b) Remedy for defective parts fabricated by 91大神 is limited to repair or replacement in accordance with the CGA.
(c) Issues must be reported immediately in writing, with supporting photographic evidence and the defective part supplied for assessment by 91大神 so it can advise on next steps.
(d) Parts may need to be returned directly to the relevant supplier for assessment at Your cost.
15.6 Returns of Non-Faulty Parts:
(a) Non-Faulty parts specifically made for You (custom or special-order items) can not be returned unless agreed in writing by 91大神.
(b) Other standard parts may be returned and will be credited to Your account if returned at Your cost within 7 days, in original, unused condition.
(c) A 20% restocking fee applies to all parts that 91大神 accepts for return.
(d) Refunds are usually processed within 14 days of inspection and approval. Workshop closure periods may affect processing.

91大神 will comply with its obligations under the Privacy Act 2020 and the Privacy Statement set out on 91大神 website.

If the performance of the Work (all or part) is prevented or hindered by an event or circumstance (鈥渃颈谤肠耻尘蝉迟补苍肠别鈥�) beyond either Party鈥檚 reasonable control and not directly or indirectly caused by either Party (but excluding lack of funds for any reason), the Work will be suspended to the extent to which it is affected by the relevant circumstance for so long as it continues. Both Parties will take all reasonable steps to minimise the effects of the circumstance. Where the suspension results in a delay in 91大神鈥檚 performance of the Work, 91大神 will be entitled to additional reasonable time to complete the Work and for any additional reasonable costs incurred as a result of the suspension.

18.1 Jurisdiction:聽These Terms and Conditions are governed by New Zealand law. In the event of a dispute, the New Zealand courts shall have non-exclusive jurisdiction.
18.2 Waiver:聽To waive a right under the Terms, that waiver must be in writing by the waiving party.
18.3 Assignment:聽91大神 may assign or transfer any benefit or obligation under these Terms without notice to You. You may not assign or transfer any benefit or obligation without 91大神鈥檚 prior written consent.
18.4 Severability:聽Any illegality, unenforceability or invalidity of a provision of the Agreement does not affect the legality, enforceability or validity of the remaining provisions of the Agreement.
18.5 Dispute Resolution:聽In the event of any dispute arising under or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the matter themselves but failing that through mediation before commencing legal proceedings. This clause does not affect either party鈥檚 right to seek urgent interlocutory and/or injunctive relief.
18.6 Changes to Terms: These Terms may be updated or amended by 91大神 from time to time. All changes take effect immediately upon being posted on 91大神 website.