Contract Form

SPECIAL DEALS

                        Legal Name(Required) 
Trading Name(Required) 
NZBN(Required) 
Address(Required) 
Contact Name(Required) 
Phone(Required) 
Fax 
Email(Required)
                            
                        
MTA Number 
Blackfern member number 
An automotive fault diagnostic tool based on the Android system. It passes on Launch advantages in automotive fault diagnostic technology, such as wide car model coverage, powerful function, abundant special function and accurate test data, etc. The OurAuto Series II Diagnostic Tool achieves full car model and full system fault diagnosis through the Bluetooth communication between Data Link Connector (DLC) and smart DBS mobile terminal. It has functions of customer management, one-click upgrade, seamless integration with VACC MotorTech, maintenance database and social circle.
I agree to purchase an OURAUTO SERIES II DIAGNOSTIC TOOL subscription(Required)
								
								I agree to purchase an OURAUTO SERIES II DIAGNOSTIC TOOL subscription
							
Member or non member(Required)
			
					
					MTA Member 36 monthly payments of $199.00 plus GST
			
			
					
					Non-Member 36 monthly payments of $219.00 plus GST
			
			
					
					Purchase outright for (includes 10% discount)
			
I authorise for the above costs to be charged to my Blackfern account
								
								I authorise for the above costs to be charged to my Blackfern account
							
Customer Signature
Name
                            
                            
                                                    
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I authorise OurAuto to provide the above service and I accept the above costs and I accept and agree to all of the above and following terms and conditions (as applicable to the products selected). I warrant that I have authority to sign this Agreement on behalf of the Customer.(Required)
								
								I authorise OurAuto to provide the above service and I accept the above costs and I accept and agree to all of the above and following terms and conditions (as applicable to the products selected). I warrant that I have authority to sign this Agreement on behalf of the Customer.
							
Customer Signature(Required)
Name(Required)
                            
                            
                                                    
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OurAuto Signature(Required)
Name(Required)
                            
                            
                                                    
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Date(Required)
                            
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Conditions of this Direct Debit Authority

1. The Initiator:


1.1 Will provide notice either:


1.1.1 in writing; or


1.1.2 by electronic mail where the Customer has provided prior written consent to the Initiator.


1.2 Has agreed to give advance Notice of the net amount of each Direct Debit and the due date of the debiting at
least 10 calendar days (but not more than 2 calendar months) before the date when the Direct Debit will be
initiated.


1.2.1 The advance notice will include the following message:


“Unless advice to the contrary is received from you by (date*), the amount of $........... will be directly debited
to your Bank account on (initiating date*).”


*This date will be at least two (2) days prior to the initiating date to allow for amendment of Direct Debits.


1.3 May, upon the relationship which gave rise to this Instruction being terminated, give notice to the Bank that
no further Direct Debits are to be initiated under the Instruction. Upon receipt of such notice the Bank may
terminate this Instruction as to future payments by notice in writing to me/us.



2. The Customer may:

2.1 At any time, terminate this Instruction as to future payments by giving written (or by the means previously
agreed in writing) notice of termination to the Bank and to the Initiator.


2.2 Stop payment of any Direct Debit to be initiated under this Instruction by the Initiator by giving written notice to
the Bank prior to the Direct Debit being paid by the Bank.



3. The Customer acknowledges that:


3.1 This Instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in
good faith notwithstanding my/our death, bankruptcy or other revocation of this Instruction until actual notice
of such event is received by the Bank.


3.2 In any event this Instruction is subject to any arrangement now or hereafter existing between me/us and the
Bank in relation to my/our account.


3.3 Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern
of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any
other disputes lie between me/us and the Initiator.


3.4 Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank
accepts no responsibility or liability in respect of:


3.4.1 the accuracy of information about Direct Debits on Bank statements; and


3.4.2 any variations between notices given by the Initiator and the amounts of Direct Debits.


3.5 The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice
in accordance with clause 1.1, nor for the non-receipt or late receipt of notice by me/us for any reason
whatsoever. In any such situation the dispute lies between me/us and the Initiator.



4. The Bank may:

4.1 In its absolute discretion conclusively determine the order of priority of payment by it of any monies pursuant
to this or any other Instruction, cheque or draft properly signed by me/us and given to or drawn on the Bank.


4.2 At any time terminate this Instruction as to future payments by notice in writing to me/us.


4.3 Charge its current fees for this service in force from time to time.
 Diagnostic Tool
This Agreement is dated on
                            
                            DD slash MM slash YYYY
                        
                        
BETWEEN

OurAuto New Zealand Limited, trading as OurAuto NZBN: 9429047037281, Level 18, 151 Queen Street, Auckland NZ
1010
AND
Business Name(Required) 

It is agreed that:
OurAuto Series II Diagnostic Tool Conditions of Sale
1. Scope

a. This Agreement applies to the sale of the OurAuto Series II Diagnostic Tool (Product) described in (or attached to)
the attached order form (Order Form) by OurAuto to the Customer.


b. The Customer acknowledges and accepts that OurAuto and the Customer rely upon the supplier of the Product,
Launch Tech Telematics Australia Pty Ltd trading as Launch Tech Telematics ABN 48 005 687 801 (Supplier), as to
the performance and support of the Product.


c. Software updates are included for the first 36 months. After 36 months, the Customer will need to subscribe to
software updates and additional charges apply.


d. Should the Customer choose to subscribe to the software updates, OurAuto will invoice the Customer and payment
is required by direct debit only, unless the Customer wishes to pay upfront.


e. The minimum commitment for software updates is 12 months. Further to this, the agreement will automatically
renew at the expiry of each twelve (12) month period for a further twelve (12) months, unless the Customer notifies
OurAuto in writing that they do not wish to continue. This must be done at least seven (7) days before the 12-month
expiry of each year.



2. Orders

a. Until OurAuto accepts in writing an order submitted by the Customer in a completed Order Form and receives the
first instalment payment, OurAuto is not obliged to supply the Product so ordered to the Customer.



3. Prices

	a. Prices for the Product are set out in the Order Form determined by the payment plan chosen by the Customer in the
Order Form.


b. Goods and Services Tax (GST) payable under the Goods and Services Tax Act 1985 (GST) is payable in addition to
the prices.



4. Payment

a. The price plus GST must be paid by instalments as set out in the Order Form.


b. All payments (other than the first instalment if so agreed by OurAuto as being payable by cheque) are to be made
by direct debit from Customer’s nominated bank account or credit card in accordance with the separate direct
debit terms as signed by the Customer.


c. OurAuto reserves the right to charge interest to the Customer on any overdue payments at the rate of 10% per
annum calculated on a daily basis from the date the payment is due until the date paid.


d. The Customer agrees to pay OurAuto any expenses (including legal costs and court fees) incurred in collecting
any outstanding payments due by the Customer to OurAuto.


e. In the event the Customer is in default of any obligation under this Agreement, OurAuto may:



	(a) invoice and the Customer must pay by the due date stated on the invoice, the full price of the Product
(less the amount any instalment payments already made by the Customer); and/or


(b) repossess the Product in accordance with clause 7d and will have full rights to resell the product.


(c) notify or register any Payment Default by the Customer to any credit institution.





5. Delivery

a. Any delivery times notified to the Customer are estimates only and OurAuto is not responsible for late delivery.


b. If the Customer requests OurAuto to postpone delivery of the Product beyond the delivery date or dates
specified in the order, OurAuto may agree to do so if the Customer pays an additional administration fee for such
postponement and for storage charges.


c. Products will be delivered to the address specified in the Order Form (Delivery Address).



6. Risk in the Product

a. The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is
delivered to the Delivery Address or otherwise received by the Customer.



7. Retention of Title

a. It is expressly agreed and declared that the Product remains the sole and absolute property of OurAuto as legal
and equitable owner until all amounts payable to OurAuto have been paid in full to OurAuto.


b. Until the Product is paid for in full, the Customer shall:


	
i. care for the Product as if it was its own property;


ii. keep the Product in a manner which makes the Product readily identifiable as the property of
OurAuto;


iii. insure the Product for its full replacement value; and


iv. not resell or part with possession of the Product.




c. The Customer’s right to possession of the Product ceases if it does anything or fails to do anything which would
entitle a liquidator, a receiver, a receiver and manager, an administrator or a trustee to be appointed in respect of
the Customer, its undertaking or property or any part thereof, or entitle a person to present a creditor’s petition
for winding up the Customer.


d. OurAuto may for the purpose of examination or recovery of the Product enter upon any premises where the
Product is stored or where it is reasonably thought to be stored and may remove and take possession of the
Product.


e. The Customer acknowledges that this clause 7 constitutes a "security agreement" (as that term is defined in the
Personal Property Securities Act 1999 (PPSA)) in favour of OurAuto in the Product supplied by OurAuto to the
Customer. The Customer acknowledges and agrees that:



	i. OurAuto may, without notice to the Customer, register its security interest under the PPSA and the
Customer waives its rights to receive a verification statement in respect of any financing statement
or financing change statement registered by OurAuto under the PPSA;


ii. the Customer will, upon the request of OurAuto, promptly:



(a) sign any documents, provide any further information and do anything else reasonably required by
OurAuto to enable OurAuto to register a financing statement or financing change statement under
the PPSA;


(b) give OurAuto not less than fourteen (14) days prior written notice of any proposed changes in the
Customer’s name or any other change in the Customer’s details; and


(c) procure from any person considered by OurAuto to be relevant to its security position such
agreements and waivers as OurAuto may at any time require;




iii. the Customer will not grant any other Security Interest or any lien over the Products; and


iv. the Customer:


	
(a) agrees that nothing in sections 114(1)(a), 116, 117(c), 119, 120(2), 132, 133 and 134 of the PPSA will
apply to this Agreement; and


(b) waives its right to do any of the following:
	
a. object to OurAuto's proposal to retain any personal property under section 121 of the PPSA;



b. not have goods damaged when the OurAuto removes an accession under section 121 of the
PPSA;


c. receive notice of the removal of an accession under section 129 of the PPSA


d. apply to any court for an order concerning the removal of an accession under section 131 of
the PPSA;


e. to receive a copy of the verification statement confirming registration of a financing
statement or a financing change statement relating to the security interest created by this
Agreement.




v. where OurAuto has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.






8. Warranties and Representations

a. The Customer will have the benefit of the 1 year warranty from the Supplier against defects (as set out in the
Supplier’s Product brochure). This warranty does not apply where a defect has been caused by careless or
improper handling, by non-adherence to operating instructions or by fair wear and tear.


b. For the purpose of making any warranty claim, the Customer must:

	
i. immediately upon becoming aware of circumstances giving rise to a claim under this clause, notify OurAuto
in writing setting out full particulars of the claim; and


ii. as instructed, return the Product or allow OurAuto or the Supplier or any of their employees and agents, full
and free access to the Product and to the place where the Product has been operated or used for the
purpose of conducting such tests as the Supplier may in its absolute discretion consider necessary to
determine whether the claim is justified or not.




c. OurAuto makes no representation and gives no assurance, condition or warranty of any kind to the Customer
(including any assurance, condition or warranty implied by law, including under the Consumer Guarantees Act
1993 and the Contract and Commercial Law Act 2017, to the extent that the assurance, condition or warranty
can be excluded) in relation to the Product and accepts no liability for any assurance, condition, warranty,
representation, statement or term not expressly set out in this Agreement.


d. Where the Customer is in trade, the parties acknowledge and agree that they are contracting out of sections 9,
12A and 13 of the Fair Trading Act 1986 (NZ) in respect of all matters covered by this Agreement, and agree that
it is fair and reasonable to do so.


e. Nothing in this Agreement is to be interpreted as excluding, restricting or modifying, or having the effect of
excluding, restricting or modifying the application of any applicable legislation which cannot be lawfully excluded,
restricted or modified.





9. Claims and Liabilities

	a. OurAuto is not responsible to the Customer for a breach of its obligation to supply the Product pursuant to an
order OurAuto has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is due to
unavailability of the Product or is caused by matters beyond the reasonable control of OurAuto (including, without
limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster,
pandemic, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies
and any other force majeure occurrence).



b. To the maximum extent permitted by law, under no circumstances is OurAuto liable for any loss of profit,
revenue, goodwill, reputation or use, or indirect or consequential loss or damage, irrespective of the cause of
action, whether resulting from any breach of contract or warranty, negligence or otherwise. To the maximum
extent permitted by law, OurAuto’s liability is limited to the price paid in respect of the Product.


c. The Customer acknowledges that, to the extent permitted by law, all claims resulting from any defects in the
Product are the sole responsibility of the Supplier.




10. Governing law

a. This Agreement is governed by the laws of New Zealand notwithstanding the place in which the Product is to
be delivered. The Customer and OurAuto irrevocably submit to the non-exclusive jurisdiction of the laws of New
Zealand.


b. OurAuto and the Customer agree that to the extent that it may be applicable but for this clause, the United
Nations Convention on the International Sale of Goods does not apply to this Agreement.



11. Waiver

a. No waiver by OurAuto of any breach of this Agreement operates as a waiver of any other breach, and the doing
and/or omission of any act, matter or thing whatsoever by OurAuto, its employees or agents (which but for this
clause ought or might amount to a waiver of OurAuto’s rights in respect of any such breach or default) does not
operate as a waiver in any way of OurAuto’s rights and powers in respect of such breach or default.



12. Notices

a. Any notice required under this Agreement must be in writing and given by post, facsimile, email or hand to
OurAuto or the Customer at the address set out in the Order Form or at such other address or facsimile number
or email address as is notified in writing by one party to the other.



13. Whole Agreement

a. This Agreement together with the Order Form (and any separate direct debit form) embody the whole agreement
between the parties and all previous negotiations, representations, warranties, arrangements and statements
(if any), whether expressed or implied, regarding the subject matter or the intentions of either of the parties are
merged in this Agreement and otherwise are excluded and cancelled. The Customer acknowledges that it has
not been induced to enter into this Agreement by any representation, advice or information given or made by or
on behalf of OurAuto.




14. Assignment

a. The Customer shall not assign any of the Customer’s rights or obligations under or interest in this Agreement
without the prior written consent of OurAuto.



15. General

a. This Agreement is binding upon the successors and permitted assigns of the parties.


b. Time shall be of the essence in respect of the Customer’s obligations under this Agreement.


c. Amounts are expressed and are payable in NZ dollars.


d. In this Agreement references to any legislation include all subordinate legislation, any re-enactment of, or
amendment to, that legislation and all legislation passed in substitution for that legislation.



16. Privacy Act Authority

a. For the purposes of assessing the creditworthiness of the Customer from time to time and the collection of
payments, the Customer authorises OurAuto, its employees and agents to make such enquiries as they deem
necessary including, without limitation, making enquiries of and obtaining reports (as may be allowed by law)
from persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers,
credit providers, mortgage and trade insurers and credit reporting agencies (‘the information sources’). The
Customer consents to the information sources providing to OurAuto such information as is requested by OurAuto
and permitted to be given by law. The Customer also consents to OurAuto disclosing personal information or the
contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating
or adding to any credit information file in relation to the Customer.



OurAuto Privacy Policy
Introduction
OurAuto is covered by the Privacy Principles set out in the Privacy Act 2020 (Privacy Act). The Privacy Act governs
the way that OurAuto collects, uses, discloses, secures and provides access to personal information.
To comply with the Privacy Act, OurAuto has this policy, which sets out how OurAuto manages privacy in its
organisation.
OurAuto will review this policy from time to time, in order to update and continually improve its processes. If this
policy is amended at any time, the updated version will be posted on OurAuto’s website at  www.ourauto.co.nz
Purpose of the Policy
OurAuto takes its obligations under the Privacy Act seriously. OurAuto has privacy obligations to its customers and to
the general public who use the products and/or services provided by OurAuto.
Collection of Personal Information
OurAuto does not collect personal information unless it is necessary. OurAuto only collects personal information by
means that are lawful, fair and unobtrusive. When practicable, personal information will only be collected from the
individual concerned (who is referred as "you" in this policy).
The type of information that OurAuto collects about you will depend on the nature of the service provided. When you
contact OurAuto, you may provide OurAuto with any of the following types of personal information:

Name


Date of birth


Address


Email address


Telephone and facsimile number


Credit card and other bank details


Occupation, position or job title


Details of memberships of trades associations, and


Other information which may be collected when you visit OurAuto’s website to read or download information,
which may include your server address, domain name, the date and time of your visit to OurAuto’s site, the
pages viewed and the information downloaded.



Internet Use
OurAuto uses cookies to facilitate your use of OurAuto's site. You may disable cookies by changing the settings on
your browser, although this may mean that you cannot use all of the features of OurAuto's site.
While OurAuto takes reasonable steps to maintain secure internet connections, if you provide us with personal
information over the Internet, the provision of that information is at your risk.
If you post your personal information on OurAuto's site you acknowledge and agree that the information you post
may be publicly available.
If you follow a link on OurAuto's site to another site, the owner of that site may have its own privacy policy relating to
personal information. OurAuto suggests you review that site's privacy policy before you provide personal information.
Use or Disclosure of Personal Information
OurAuto will only use or disclose your personal information for the following purposes:

verifying your identity and assessing your creditworthiness and/or the creditworthiness of the Customer;


supplying the Product;


providing you with invoices and/or order confirmations;


communicating with you;


collecting payment for the Product;


providing support and assistance;


gathering statistical information;


complying with statutory requirements;


protecting and/or enforcing our legal rights and interests, including defending any claim;


purposes directly related or incidental to the above; and


for any other purpose authorised by you or permitted by law.



In addition, OurAuto may use your information when advising you about its products and services, or upcoming
events at OurAuto.
OurAuto will not provide your personal information to any other organisation for marketing purposes without your
consent.
OurAuto may share your personal information with its related bodies corporate for the purposes specified above.
OurAuto may disclose your personal information for the purposes specified above to:

Outsourced service providers including but not limited to printing houses and mail-out services, billing and debt
recovery services, financial institutions and information technology services;


Professional advisors such as lawyers, accountants and auditors;


Government authorities as required or authorised by law; and


Related Motor Trades Associations.



Data Quality and Security
OurAuto will endeavour to ensure that the personal information OurAuto holds about you is complete, accurate and up to date. In order to assist OurAuto to achieve this, it is important that you advise OurAuto when your details change.
OurAuto may store your information in hard copy or electronic format, in storage facilities that OurAuto own and operate, or that are owned and operated by its service providers. OurAuto may store and/or access your personal information on servers and services both within New Zealand and offshore (including third party cloud-based services and storage) in accordance with the Privacy Act. OurAuto may access and use that personal information in and outside New Zealand. You acknowledge that some of the third party storage providers, who provide services to OurAuto under contract, are based in the other countries that may not have equivalent privacy and data protection laws to New Zealand.
OurAuto will take all reasonable steps to protect personal information from loss, misuse, or unauthorised access.
Some of the steps OurAuto has taken to protect the security of your personal information include:

	Computer and network security including passwords and other electronic barriers;


Physical restrictions on access to personal information such as security doors;


Policies for destroying or permanently de-identifying personal information no longer required (subject to legal requirements for retaining certain records); and


Secure internal information handling processes.



We only retain personal information for so long as it is necessary for the purposes for which the personal information may lawfully be used. The period for which the personal information is to be stored and retained is determined with reference to applicable law and OurAuto's data retention policies.
Access to your personal information
You have a right to request access to and correction of personal information that OurAuto holds about you.
Access may involve permitting you to inspect or take notes or make photocopies of your personal information. To obtain access you will have to provide proof of your identity. This is necessary so that OurAuto can ensure that your personal information is not disclosed to any other person.
In some circumstances, OurAuto may not be able to provide access to, or correction of, your personal information. If this occurs, OurAuto will provide you with a written explanation. Requests for access to, or correction of, your personal information should be made in writing to the OurAuto Privacy Officer. There is generally no fee for access to personal information. However, in some cases a reasonable fee may be charged in order to recover costs if information has to be retrieved from archives or a large quantity of information has been requested.
OurAuto will endeavour to respond to all requests for access or correction within 14 days.
Data Breach
In the event of a data breach affecting personal information held by OurAuto, OurAuto will take reasonable steps to contain and rectify the breach as soon as practicable and comply with any applicable notification obligations.
Changes
OurAuto may change this policy from time to time. If OurAuto changes this policy, OurAuto will update the terms on OurAuto's site. Your continued use of OurAuto's site or the Product constitutes your acknowledgement of the changed policy and that any personal information collected or held by OurAuto will be subject to the changed policy.
Complaint Process
If you have any concerns about the way your personal information has been managed by OurAuto or if you believe that OurAuto has breached the Privacy Act, you may make a complaint in writing to the Privacy Officer at:

OurAuto

Level 18, 151 Queen Street,

AUCKLAND NZ 1010
or email info@ourauto.co.nz
All complaints will be investigated within 14 days of receiving your complaint. If OurAuto has not handled your personal information in a way that is consistent with the Privacy Act then OurAuto will take steps to remedy this.
If you have any concerns about the way your complaint is being handled, you may contact the Office of the Privacy Commissioner by email at enquiries@privacy.org.nz or by post sent to: PO Box 10 094, The Terrace, Wellington 6143, New Zealand or telephone on: 0800 803 909.
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Conditions of this Direct Debit Authority

Diagnostic Tool

OurAuto Series II Diagnostic Tool Conditions of Sale

1. Scope

2. Orders

3. Prices

4. Payment

5. Delivery

6. Risk in the Product

7. Retention of Title

8. Warranties and Representations

9. Claims and Liabilities

10. Governing law

11. Waiver

12. Notices

13. Whole Agreement

14. Assignment

15. General

16. Privacy Act Authority

OurAuto Privacy Policy

Introduction

Purpose of the Policy

Collection of Personal Information

Internet Use

Use or Disclosure of Personal Information

Data Quality and Security

Access to your personal information

Data Breach

Changes

Complaint Process

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