These terms and conditions of sale (“Terms of Sale”) apply to the exclusive and transferable right to receive and display a unique personalised plate design (‘Plate/s’) on a personalised registration plate for a motor vehicle in New Zealand. This incorporates the right to the selected combination of letters and/or numbers, or alternatively to convert existing registration plates to personalised plates bearing the same combination of letters and/or numbers as the existing plates.
By placing an order for a Plate via kiwiplates.co.nz or 0800 650 111 you agree to these Terms of Sale and become legally bound by these Terms of Sale. Please do not proceed to purchase until you have read, understood and accepted these Terms of Sale.
If you have any queries, please contact us and we will be pleased to assist.
You acknowledge and accept that KiwiPlates do not manufacture personalised registration plates and the Government approved manufacturer makes all registration plates for New Zealand.
- Purchase Orders processed through kiwiplates.co.nz or 0800 650 111 are final. You are responsible for all information supplied including entitlement details. We make no representations and give no guarantees about approval or availability of any Plates. Notwithstanding anything contained in these Terms of Sale or elsewhere on the KiwiPlates website, KiwiPlates makes no representation or commitment to supply (or resupply) with respect to any chosen Plate (including the right to the selected combination of letters and/or numbers and personalised plate design) until such time as the order has been correctly submitted to KiwiPlates, payment finalised, and the order finally approved by KiwiPlates. The final approval of orders is subject to various considerations including without limitation whether the Plate complies with these Terms of Sale and the availability of the Plate and is in the absolute discretion of KiwiPlates. KiwiPlates may cease to offer a particular plate size or personalised plate design without notice. Some plate designs are sold as Licensed Products due to the design containing Licensed Property owned, controlled or managed by a third party (for example Plates incorporating All Blacks logos, artwork, branding or wordmarks). KiwiPlates cannot guarantee that Licensed Product plates will be available at any time and may cease to offer these plates at any time. You must Request to Manufacture Licensed Product Plates within 12 months of the purchase date in order to guarantee manufacture. If you fail to Request Manufacture, you will be entitled to choose a replacement design of equal or lesser value. KiwiPlates will not issue a refund for the Plate, nor the difference in value. You must ensure that no part of your Plate infringes any intellectual property rights of any person which may include without limitation rights of patent, design, trade mark or copyright. You acknowledge that you are solely responsible for carrying out any required trade mark or other searches to ensure that you are not infringing any third party intellectual property rights.
- Price Prices are quoted in New Zealand dollars and include GST, manufacturing, freight (distribution) and statutory fee/registration charges. Price does not include any other fees, taxes, duties and charges that may be imposed. KiwiPlates reserves the right to change the price of Plates from time to time without notice. Payments for orders submitted may only be made by use of an accepted credit card. Use of a credit card must be done so by, or with permission of, the credit card holder.
- Approval and Rejection of plate orders KiwiPlates and the New Zealand Transport Agency (Registrar) have absolute discretion in the approval of personalised plate designs and have the right to reject any order or Plate any time after the Plate design has been ordered, for any reason in its discretion. Rejected Plates will attract a cancellation fee of $100. KiwiPlates complies with strict guidelines from the Registrar. KiwiPlates may reject a Plate if it considers in its absolute discretion that the Plate is or contains material that is objectionable, including without limitation the Plate is considered to be, or have the potential to be:
- obscene, indecent sexually explicit, sexually inappropriate, scandalous, violent, abusive, or insulting;
- promoting or condoning behaviour that is harmful, unsafe, dangerous or contrary to prevailing community standards of health and safety;
- inciting hatred or vilification;
- discriminatory against, inciting hatred of or offensive towards a person or section of the community including on account of their culture, race, ethnicity, nationality, gender, age, sexual preference, religion, disability, mental illness or political belief or minority status;
- unlawful, defamatory or otherwise in breach of privacy, intellectual property or other rights;
- Plates that contain a sequence of similar numbers and letters designed to confuse, or which cannot be easily identified. This includes arrangements of letters and numbers that can be inverted to make an entirely new combination. If more than one order for the same identical Plate is fully approved for any reason, KiwiPlates shall proceed with the order that was submitted first in time and any other orders for that Plate shall be cancelled.
- Use of Combinations and messages. By submitting a combination, or message for use on a message plate, you represent and warrant:
- You have the legal right to reproduce and distribute this Content and to grant the permissions herein. By providing KiwiPlates with a copy of the Content you give KiwiPlates and the plate manufacturer permission to reproduce, use and store this Content for the purposes of production, manufacture and supply of a personalised plate.
- The Content supplied does not infringe any third party’s rights including intellectual property rights.
- In respect of any Content relating to or owned by a company or business including a name (“Business Content”), you are the owner/director of the company or business, or you have obtained express consent from the company or business to use the Company Content on the plate. At any time KiwiPlates may request proof of ownership or express consent from the owner.
- Refunds The provisions of these Terms of Sale are in addition to the statutory rights to which you may be entitled under the Consumer Guarantees Act 1993 (NZ) (CG Act) and any other applicable consumer protection laws or regulations. These Terms of Sale are subject always to your rights under these laws. Please note that there may be limitations in these Terms of Sale on our liability, or on your right to return and obtain a refund for goods and services, as set out herein, however these limits will always be subject to your statutory rights. Except where required under the CG Act or other applicable consumer protection laws or regulations, KiwiPlates will not issue a refund if: (a) you cancel your order; or (b) you fail to make a Request to Manufacture within the required time. In cases where an order is cancelled for any reason, any refund will be provided in the same manner in which the initial payment has been received. This can take up to 14 days, depending on the payment method.
- Manufacturing Once a Plate order has been correctly submitted to KiwiPlates, payment finalised, and the order approved by KiwiPlates, we will forward a Certificate of Entitlement, receipt and ‘Request To Manufacture’ details. You must make a Request to Manufacture to the Government approved Manufacturer, within 90 days of receiving the Certificate of Entitlement and receipt. This Request to Manufacture can be made by post, email, fax or phone. Failure to do so will result in a manufacturing fee being charged by the Manufacturer. To the full extent permitted by law, KiwiPlates is not responsible in any way for, or for any matter arising in connection with, the manufacture or delivery of your Plate. You must Request to Manufacture Licensed Product Plates within 12 months of the purchase date in order to guarantee manufacture. If you fail to Request Manufacture, you will be entitled to choose a replacement design of equal or lesser value. KiwiPlates will not issue a refund for the Plate, nor the difference in value.
- Ownership of Plates The Registrar has the right to recall plates and require the surrender of plates if:
- the plate bearing your Plate design is not lawfully affixed to a vehicle or has been modified in any way; or
- the Registrar receives a complaint about your Plate design and considers your Plate design likely to be offensive to any person; or
- the Registrar is otherwise entitled to by law. As a condition of acquiring a Plate, you hereby grant KiwiPlates and the Registrar a non-exclusive, royalty-free, perpetual, worldwide and irrevocable licence to use, reproduce, modify, adapt, publish and display such Plate in advertising, marketing and publicity material for KiwiPlates in any media, without compensation, restriction on use, attribution or liability.
- Exclusion of Liability. Nothing in these Terms of Sale limits your rights as a consumer under the CG Act, the Fair Trading Act 1986 (NZ) (FT Act) or any other applicable consumer protection laws or regulations, to the extent that these rights are applicable to you. To the full extent permitted by law, and except where law prohibits their exclusion, KiwiPlates excludes all representations, warranties, conditions or guarantees including those implied by statute, at law, by trade, custom or otherwise. You will not do or omit to do anything which gives rise to any liability on your part or on the part of KiwiPlates under the CG Act, the FT Act or any other law. You will not make any representation or give any guarantee, warranty or other undertaking in relation to the Plate design or Plate unless such representation, guarantee, warranty or undertaking is supplied by us expressly and in writing. To the full extent permitted by law and subject to any laws that cannot be limited, KiwiPlates, the Registrar, and their officers, employees, agents, contractors, related persons, companies or entities, will not be liable or responsible to you or any third person for any loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data or contracts or economic loss, or penalties, damages, costs or expenses or other loss or damage), and whether in tort (including without limitation negligence), contract or otherwise) in connection with or arising out of the production or manufacture of your Plate or any breach of any third party’s intellectual property rights in connection with your Plate design or your Plate. Without limiting the foregoing or these Terms of Sale in any way, and to the full extent permitted by law, KiwiPlates is not responsible for:
- any loss or costs you incur if your Plate design is recalled by the Registrar; or
- any physical aspect of any Plate or any matter arising in connection with the manufacture of any Plate including (without limitation) any minor colour, design or spacing variations between any visual representation of the Plate design produced by KiwiPlates, and what is produced by the Manufacturer, the font used for all Plates as prescribed by the Registrar, defects in manufacturing, or any aspect of delivery.
- Indemnity. You hereby agree to indemnify KiwiPlates, the Registrar and their employees, officers, agents, contractors, related persons, companies or entities from and against any loss, costs, claims, damages, expenses (including legal costs and expenses on a solicitor/client basis), liabilities, proceedings or demands whether direct or indirect, incurred or suffered by any of them which arise in relation to:
- a breach of these Terms of Sale, or
- any wilful, negligent or unlawful act or omission, by you or by any person for whom you are responsible.