Terms-&-Conditions

1. Terms & Conditions
Welcome to Americarna NZ Ltd, New Zealand's own online American & American Themed vehicles For Sale.  These terms and conditions are intended to assist in keeping Americarna NZ Ltd a safe place to advertise.

1.1 Acceptance of terms and conditions:  The terms and conditions are the terms on which Americarna NZ Ltd offers you access to the Services and the Website.  By advertising at Americarna NZ Ltd you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the site.

1.2 Terminology:  In these terms and conditions, the following expressions have
the meanings set out:
 
"Item", item means vehicle that may be bought or sold through the website Cars For Sale section;

"Services", means any one or more of the services offered by Americarna NZ Ltd from time to time including online classifieds, message boards, any other service that Americarna NZ Ltd may offer;

"We", "us" and "our" re a reference to Americarna NZ Ltd;

"You" and "your" are a reference to you;

"Website", means any Americarna NZ Ltd website through which the services are offered to

"Listing", means a listing on the website through which you offer to sell or advertise your vehicle;

"Seller" includes any person placing a listing.

2 Specific Warnings

2.1 The services:  Americarna provides a venue to introduce sellers who want to buy and sell vehicles.  Americarna NZ Ltd does not take any part in the sale of items other than by providing our Website as a venue for listings.  If a price is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly.  We do not act as agent for either party and do not participate in any sale or transaction between the buyers and sellers.

2.2 At your own risk:  Transactions and all other contact between the seller and the buyer are conducted entirely at your own risk.  You agree that Americarna NZ Ltd takes no responsibility or liability for any misconduct of any of its buyers or sellers including, without limitation, buyers and sellers that have registered under false pretences or who attempt to defraud you.  Americarna NZ Ltd gives no undertakings, representations, or warranties in relation to vehicles sold or listed on the Website, including:

1. about ownership of any item;
2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the website;
3. as to the accuracy or truth of listings;
4. that any item will meet your requirements or expectations; or
5. about the ability of members to complete a transaction.

2.3 Disclaimer:  You expressly understand and agree that:

1. your use of the services is at your sole risk.
2. responsibility for the content of advertisements appearing on this Website rests solely with the advertisers.
3. Americarna NZ Ltd is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.

3 Becoming a Seller

3.1 Becoming a Seller:  You may only register as a seller if you are resident in New Zealand, Australia or United States of America and can form a legally binding contract that is enforceable against you.  For example, you must be 18 years old.  By registering as a seller, you warrant that you can form a legally binding contract.

3.2 Accurate Information:  You warrant that you have provided complete, accurate and current personal information when listing your advertisement.  You must maintain and update your personal information held by Americarna NZ Ltd to ensure it is kept current at all times.

3.3 Removal of Listing:  Americarna NZ Ltd reserves the right to remove your listing without entering into further discussions with you.  Without limiting the foregoing, Americarna may terminate your listing if a serious complaint or multiple complaints are received about you from others. If you breach these terms and conditions, or if we, at our sole discretion deem your behaviour to be unacceptable.

3.4 As this site is for American or American themed vehicles only, Americarna reserves the right to remove any vehicles offered for sale which do not comply in our opinion.

4 General Rules

4.1 General:

1. You must list classifieds in New Zealand dollars and include GST in the price.  All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine) if in New Zealand, Australian dollars if in Australia and US dollars if in the USA.
2. You must not use the services or the website to promote items for sale outside our specific services.
3. You are responsible for any actions taken through your advertisement.  Americarna adverts are not transferable and therefore can not be sold, leased, lent or traded.

4.2 Your obligations as a seller:

1. You will only enter listings that are accurate, current, complete and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment.
2. You will only place listings for vehicles that exist and are to be sold.  You will not list vehicles that you are not legally entitled to sell or that are not in your possession.
3. If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. Motor Vehicle Traders selling cars online must attach a CIN to their listing (eg. through a photo) and provide the CIN to the successful buyer.  For more information visit the Motor Vehicles Traders Register website.

4.3 Your obligations as a buyer:

1. You can be located anywhere to buy on Americarna NZ Ltd Cars For Sale.
2. You must make full and prompt payment for any vehicle you buy.

5 Fees and Accounts

5.1 Americarna NZ Ltd Fees:

1. Americarna NZ Ltd charges fees for the use of the website as a venue.
2. Americarna NZ Ltd's current fees are listed on our fees page in the help section.
3. Americarna NZ Ltd reserves the right to change the fees charged for any of our Services at any time.  In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
4. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated.

5.2 Americarna NZ Ltd Accounts:

1. You must settle any negative account balance immediately.  Americarna NZ Ltd reserves the right to take action against you to recover outstanding debts.  You are liable for all expenses (including legal fees) that incurs when collecting that debt.

6 General Provisions

6.1 No Waiver:  If we do not exercise or inforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.2 Governing Law:  These terms and conditions are governed by the laws of New Zealand.  You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

6.3 Privacy:  Americarna collects personal information about you through your use of the services and the website including:

• Your registration details; and
• Information relating to your use of the website and the content you access.