AUTHORITY TO ACT

Repairers:

The Customer hereby authorises NYFS to contact the repairer to get updates on the repair of their vehicle, to exchange (provide and obtain) information pertaining to the customer, accident circumstances, vehicle and any other pertinent information as deemed necessary in the sole discretion of NYFS.

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Insurance companies & assessors:

The Customer hereby authorise NYFS to contact their insurance company, and to liaise with the at fault party’s insurance company of their behalf regarding the accident, claim, repair, credit hire vehicle arrangement, invoicing between parties, and disputes over accident/claim/insurance/credit hire arrangement or invoicing. This authority does not extend to NYFS providing new or additional details pertaining to the accident or claim, and NYFS does not have authority to provide such details. But covers any additional authorities that allow NYFS to manage the car hire arrangement and to provide associated concierge services to the customer.

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Other interested parties:

The Customer hereby authorise NYFS to contact any other parties associated with the accident, claim, repair, car hire arrangement or disputes pertaining to accident/claim/insurance/credit hire arrangement or invoicing. This authority does not extend to NYFS providing new or additional details pertaining to the accident or claim, and NYFS does not have authority to provide such details.  But covers any additional authorities that allow NYFS to manage the car hire arrangement and to provide concierge services to the customer.

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Additional authority relating to disputes:

The Customer hereby authorises NYFS, and/or it’s duly appointed agents, to bring any legal proceedings concerning costs and expenses associated with the vehicle hire arrangement against the at fault party and/or its insurance company on the Customer’s name and behalf. This authorisation includes but is not limited to the following:

1. Filing and serving legal proceedings in any relevant court or tribunal;

2. Engaging in all necessary pre-trial, trial, and post-trial actions, including discovery, mediation, and settlement negotiations;

3. Communicating with third parties, opposing counsel, and the court on my behalf;

4. Retaining any experts or consultants as necessary for the advancement of the case;

5. Taking any other steps reasonably required to represent the Customer’s interests effectively in this matter; and

6. Any other required process, procedure or requirement needed to resolve or finalise a dispute.

The Customer understands that they shall provide all the required information, evidence, signature, and/or availability to attend Court or attend all conferences, meetings, and/or otherwise in assistance with any proceedings commenced by NYFS, and at the Customer’s own costs. This authority is valid until such time any disputes and/or debt owed by the faulted party and/or its insurance company has been satisfied or resolved in the sole discretion of NYFS.

 

I confirm that I agree to the above authorities, that I am not at fault in the accident, and to the best of my knowledge the information stated above is correct.

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APPLICATION TERMS & CONDITIONS

 

Background:

1. NYFS provides vehicle hire vehicles for individuals whose vehicles are undergoing repair due to third-party at fault accident.

2. The Customer seeks to hire a vehicle from NYFS under credit terms.

3. This Agreement outlines the terms and conditions for the vehicle hire arrangement.

 

Agreement:

1. Definitions

1.1 For the purposes of this Agreement:

• "Vehicle" refers to the motor vehicle supplied by NYFS to the Customer.

• "Hire Fee" means the daily rate payable for using the vehicle as outlined in Clause 3.1.

• "Delivery Fee" means the charge for delivering and retrieving the vehicle as outlined in Clause 3.2.

• "Application Fee" means the fee charged for applying for the vehicle as outlined in Clause 3.3.

• "Risk Hire Fee" means the daily rate payable for hiring the vehicle as outlined in Clause 3.4.

• "Credit Terms" refers to the deferred payment arrangement described in Clause 4.

 

 

2. Hire Terms

2.1 NYFS agrees to hire out the vehicle to the Customer, who accepts and agrees to comply with the terms specified herein.

 

2.2 The Customer must use the vehicle lawfully and adhere to all applicable New Zealand laws and regulations.

 

 

3. Fees and Charges (all in NZD)

3.1 Hire Fee: The daily rate for the vehicle. 

 

3.2 Delivery Fee: An additional charge that applies for the delivery and pickup of the vehicle to and from the Customer’s location. The amount depends on where delivery and pick up is from the vehicle yards.

 

3.3 Application Fee: Charge for processing the application and subsequent vehicle hire processes. The amount depends on the credit risk involved in making the initial application.

 

3.4 Credit Hire Fee: The daily rate relating to hire risk that NYFS potentially faces in the hiring out of the vehicle. The amount depends on the credit risk involved which can depend on the the at fault insurer processes/behaviour/credit rating, the at fault parties behaviour/credit rating, and the accident details in terms of validation of liability. 

 

3.5 All charges are subject to GST as required under New Zealand law.

 

 

4. Payment Terms

4.1 Fees and related charges are payable on credit, with payment due within 5 working days upon NYFS issuing an invoice.

 

4.2 Late payments will attract a $25.00 per day late payment fee until settlement.

 

4.3 The Customer agrees that if NYFS’s invoice is not paid in full by the fault party or its insurance company by the payment due date, any such amount becomes immediately due and owed by the Customer, and NYFS may elect to claim such against the Customer.

 

 

5. Obligations of the Customer

5.1 The Customer agrees to:

• Operate the vehicle responsibly and within legal parameters;

• Ensure the vehicle is not used for any prohibited or unlawful purposes;

• Return the vehicle in the same condition it was received, barring ordinary wear and tear;

• Notify NYFS immediately of any damage, loss, or mechanical issues;

• To get approval from NYFS if the vehicle is going to be driven outside of the region it is supplied in (or if any other restrictions or limitations are/may not be adhered too);

• To provide their Driver’s License to NYFS for record keeping purposes;

• Agree to automatically obtain membership in NYFS;

• To assist NYFS in recovery of its costs from at fault party insurer;

• To be truthful and honest with NYFS, while not limited to especially in terms of, details of the accident, matters related to the renting of the vehicle and all matters of membership with NYFS;

• Abide by any additional terms provided at the time of rental.

 

 

6. Obligations of NYFS

6.1 NYFS will:

• Supply the vehicle in a safe, clean, and roadworthy state;

• Ensure the vehicle has a current warrant of fitness and registration;

• To capture the condition (interior, exterior and fuel level) of the vehicle and if requested to provide copies to the Customer;

• To offer concierge services for the Customer in terms of liaising between at fault insurer, Customer, at fault party, repairer and other parties in order to facilitate the vehicle hire;

• Coordinate the vehicle’s delivery and collection as agreed with the Customer and within the NYFS approved region.

 

 

 

7. General Terms and Conditions

Permitted Drivers

7.1 Only individuals listed in this agreement may operate the vehicle.

 

7.2 All drivers must hold a valid full New Zealand or overseas driver’s license, with an English translation if required, applicable for the class of the hired vehicle.

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Resolving Disputes

7.3 Any concerns or disputes about charges or services must be submitted in writing within 20 working days.

 

7.4 NYFS will aim to resolve disputes amicably within 10 working days. If the resolution takes longer, updates will be provided fortnightly.

 

7.5 Customers may seek assistance through external dispute resolution services if necessary.

 

Customer Obligations

7.6 Customers must pay the hire fees and any additional charges applicable, including but not limited to:

• Excess distance driven, fuel costs, or RUC fees;

• Traffic infringements, parking fines, costs of dispute enforcement charges, and toll charges;

• Cleaning fees for excessive interior soiling;

• Costs for damage or repairs to the vehicle;

• Excess costs if the vehicle is stolen, damaged or misused;

• Excess costs if the vehicle has caused damage to third party property and/or any additional costs above the insurance cover limit.

NOTE: NYFS has the right to pass any vehicle costs on to the Customer if these costs were incurred in the hire period. In addition, NYFS has the right to an administrative fee for managing these vehicle costs. Vehicle costs incurred by the Customer must be paid within 10 working days of being invoiced. For every day the invoice remains outstanding, after this time a daily late fee of $25.00 NZD will apply. In addition, where the Customer disputes any fees, NYFS has the right to pass on any costs incurred in resolving the Customer’s dispute.

 

Credit cards:

7.7 Credit card details may be required at the start of the hire, and a hold may be placed on the card for the estimated hire cost.

 

Prohibitions:

7.8 Prohibited actions include:

• Using the vehicle for commercial purposes, hire or reward unless prior written consent, and appropriate licensing and insurance are obtained;

• Subletting the vehicle;

• Driving the vehicle in races or other unlawful activities;

• Operating the vehicle contravening relevant laws, such as the Land Transport Act 1998 or local bylaws.

 

Vehicle Care:

7.9 Customer is responsible for ensuring:

• Routine maintenance such as tyre pressure, oil, and water levels;

• Proper security of the vehicle when unattended;

• Prompt reporting of warning lights or mechanical issues;

• The vehicle is adequately secured and protected.

 

Accidents:

7.10 Notify NYFS immediately in the event of accidents, damage, or breakdowns.

 

7.11 Does not undertake repairs without prior approval unless urgent to prevent further damage.

 

 

Return Conditions:

7.12 The vehicle must be returned to the agreed location with a full fuel tank at the end of the hire period. This also applies to the vehicle being returned fully charged if vehicle is electric, hybrid, etc. Fuel type of vehicle is

 

7.13 If the vehicle is on the Customer’s property, the Customer provides irrevocable advanced permission for NYFS (or another authorised party of NYFS) to enter the premises for the purpose of retrieving the Vehicle. If the vehicle is on property not owned by the Customer; then the Customer agrees to provide all reasonable and necessary assistance to NYFS (or another authorised party by NYFS) to retrieve the vehicle. This also includes tracking the vehicle to where it is situated or informing NYFS where the vehicle is. 7.13 also includes retrieving keys for the vehicle. The Customer shall meet all of NYFS' reasonable costs not ordinarily incurred for the return of the vehicle.

 

 

NYFS Responsibilities:

7.14 NYFS guarantees the vehicle will meet road safety and certification standards.

 

7.15 In case of mechanical issues, NYFS will work to provide alternatives or minimize disruptions.

 

Cancellation Policy:

7.16 Cancellations made one day prior to the hire incur no penalty.

 

7.17 Mid-hire cancellations require 24 hours’ notice, with applicable fees for the used period.

 

7.18 If the booked vehicle is unavailable, NYFS will provide an upgrade or alternative.

 

Privacy:

7.19 Personal data is collected for hire purposes and may be shared with third parties for processing, accident, insurance, legal or debt recovery reasons.

 

7.20 Personal data may be disclosed to protect the brand and reputation of NYFS. This includes disclosing on websites, social media or other public forums (including media);

 

7.21 Location tracking may be used for overdue vehicles or infringement notices.

 

7.22 Customers have the right to access and correct their personal information.

 

Liability:

7.23 Renters are liable for:

• Vehicle damage (excluding wear and tear) and associated costs;

• Damage to third-party property caused during the hire;

• Administrative fees for managing infringements or debt recovery, or vehicle rectification costs (refueling – if vehicle weas not refiled by Customer upon return, and cleaning – where vehicle was returned and requires more cleaning than ordinary road driving would result in).

 

Insurance:

7.24 Vehicles used by NYFS are insured by NYFS (or in some cases other parties) insurance. NYFS must ensure the insurance is with a licensed New Zealand insurance provider. The excess for insurance is

 

7.25 Customers may arrange their own insurance, but this must be comparable to the policy NYFS (or in some cases other parties) offers. Their own insurance must be approved by NYFS prior to commencement of the vehicle hire.

 

7.26 An excess fee applies for claims under NYFS’s (or in some cases other parties) insurance policy.

 

Exclusions:

7.27 Insurance will not cover incidents involving:

• Illegal use of the vehicle (e.g., driving under the influence);

• Unapproved drivers or misuse of the vehicle;

• Driving in prohibited areas, such as beaches or unformed roads;

• In appropriate fuel being placed in the vehicle;

• Careless and/or negligent service or care of the vehicle.

 

Infringements:

7.28 Customers are responsible for paying fines for traffic, parking, or toll violations.

 

7.29 NYFS may pass Customer details to authorities for enforcement purposes and charge an administrative fee for this service.

 

Roadside Assistance:

7.30 Mechanical issues and non-mechanical issues (e.g., lost keys or out-of-fuel incidents) may incur a service fee.

NOTE: The costs of mechanical issues to the vehicle is the responsibility of NYFS (or in some cases other parties) unless they were caused by the Customer’s driving/using/servicing of the vehicle inappropriately.

 

Authority to Act:

7:31 The Customer agrees to provide an authority to act to NYFS as deemed reasonable and necessary to affect the performance of the Agreement and preservation of the value and possession of the vehicle.

 

8. Termination:

8.1 This Agreement may be terminated by either party by providing written notice and within 24 working days.

 

8.2 Upon termination, the Customer must promptly return the vehicle to NYFS or make it available for collection.

 

9. Miscellaneous:

9.1 This Agreement is governed by the laws, regulations and rules of New Zealand.

 

9.2 Amendments to this Agreement must be made in writing and signed by both parties.

 

9.3 If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain effective.