This BFM Information Policy (“Policy”) sets out Brendan Foot Motors’ (BFM) policy in relation to information provided by, or in connection with, BFM customers and inquiring customers (excluding trade customers) (“BFM Customers”) or their vehicles.
The Policy explains how BFM will obtain, store and use information about or in connection with its customers, their vehicles, and goods and services provided or contemplated (“Information”), including “personal information” as defined in the Privacy Act 2020 (“Personal Information”).
Customer agreement and authority
BFM Customer’s agreement and authority regarding Information will often be apparent or implied from the circumstances in which Information is obtained or provided. In any event, this Policy seeks to clarify the basis on which BFM deals with Information.
In addition, in some cases BFM may ask you to confirm your agreement and authority to the terms of this Policy – either orally or in writing (including by email, or by an email confirmation to you, or by signing BFM documents that refer to the Policy). Sometimes BFM may seek specific authority regarding certain information.
Information about you and your vehicle
BFM obtains information about customers and/or their vehicle(s), or prospective vehicle(s), parts or other arrangements, from the following sources:
- the customer(s);
- other parties, including the vehicle manufacturer or distributor, and in some cases from your finance company, bank or lender;
- searches of external registers, including but not limited to Chassis Checks (checking vehicle serial and registration numbers), Personal Property Securities Register (PPSR) searches, and (when authorised) through Vehicle Information Reports (VIR’s) (from an industry provider such as, but not limited to MotorWeb), and in some cases from credit agencies or similar; and
- searches of the Motor Vehicle Register (MVR), to the extent allowed by the Authorised Access to the Motor Vehicle Register (Motor Vehicle Traders) Notice 2011 (MVT Notice).
Authority to obtain, retain and store information for various purposes
When BFM Customers (or others on their behalf) provide to BFM any Information about the customer, their vehicle, associated goods or services, or related information, in connection with a customer inquiry or transaction BFM will assume (in line with industry practice) that, unless advised otherwise by the customer, the customer is at least authorising BFM to:
- retain that information for the purposes of dealing with, and as part of the business record of, the current inquiry transaction; and
- retain information provided or obtained in the context of a sale, purchase, service, parts, repairs or related transaction as business records, and for the purposes of any subsequent sale, purchase, service, parts or repair transaction in relation to the vehicle(s) the inquiry/transaction involved, and for any lawful statutory or regulatory purpose, including responding to any inquiry by a government agency.
Any Information, including a full vehicle service history and any documents confirming or limiting the scope of BFM’s authority, will be obtained, stored and used for each of the following purposes (where relevant):
- Buying, selling, repairing, servicing, or providing parts for any vehicle;
- Any inquiries BFM wishes to make related to such transactions or prospective transactions (including assessing whether the BFM Customer is or is authorised by the lawful owner, or what finance is owing regarding a vehicle);
- Directly or indirectly dealing with any safety recall or service campaign, or communicating with BFM Customers regarding BFM goods or services, including related advertising;
- Answering any inquiries regarding a vehicle’s service history by customers, or any subsequent current owner of the vehicle, or any prospective owner that has the current owner’s authority;
- Providing administrative or other assistance to customers regarding any application for finance, and/or providing any information that any lender or prospective lender (identified by a customer) might lawfully require, in relation to any finance regarding any transaction between you and BFM;
- Relaying Information to the manufacturer or distributor of a vehicle (or their successors and assigns) that they reasonably (and lawfully) require, including but not limited to, all vehicle/specification details, and information regarding vehicle ownership and service history; and
- Answering any lawful queries by any lawful authority (including any manufacturer, distributor or relevant government agency), regarding any matter relating to a vehicle owned (or formerly owned) by BFM or a customer, for any lawful purpose and for any purpose required by law.
If BFM wishes to obtain a VIR before carrying out a repair, providing parts, or providing services, or some other report (such as a Credit Check) before completing a transaction, a member of the BFM team will before any such report is obtained: (i) inform the BFM Customer that BFM requires a VIR or other report; (ii) obtain confirmation of the BFM Customer’s specific authority to obtain such a report; and (iii) confirm such specific authority in writing (including by email).
BFM reserves the right (at its sole discretion) not to agree to proceed with a transaction with a BFM Customer, based on any Information that it holds (including any reports obtained with specific authority), or if a BFM Customer will not provide authority to obtain a requested report.
If BFM obtains Information pursuant to the MTV Notice then BFM will not (without the customer’s further authority) use that Information for any other purpose other than as specified in the MTV Notice, but for the avoidance of any doubt BFM assumes that its customers authorise BFM to retain and store such information for, and as a record of, the use of that information for any lawful specified purpose.
The scope of Personal Information and Customer Authority
For the purposes of this Policy, and to the extent permissible by law: information directly related to the identity of the Customer, or personal information directly about the BFM Customer, such as a customer’s name, address or contact details
- The Policy assumes that Personal Information (as defined in the Privacy Act 2020) is any, and that it does not include information relating to a customer’s vehicle (when that information is not connected or linked to the customer’s name/identity/contact details);
- If a BFM Customer’s authority has not been expressly obtained in accordance with this Policy that will not affect any other existing (express or implied) authority BFM has in relation to the collection of information (including Personal Information); and
- BFM is entitled to obtain, store and use information that is not Personal Information (such as information relating to a customer’s vehicle’s service history), and may, without any further express customer authority, use Personal Information where BFM reasonably believes that the use is necessary to prevent or lessen a serious threat to public health or safety, or the life or health of any individual.
Queries, and changes to this Policy, and the BFM Customer Authority
If you have any questions or queries in relation to BFM Policy then please direct any queries to our Commercial Manager, or seek independent legal advice.
The terms and conditions of this policy are subject to change from time to time in accordance with legislation and industry practice, and will include any variations to the BFM Policy comprised in any updated BFM Policy which appears on BFM’s website (to the extent permitted by law).In accordance with the Privacy Principles in the Privacy Act 2020, customers are entitled toaccess copies of any Personal Information that BFM holds about them, and to request correction/deletion of their personal information.
Please direct any communications regarding the scope of BFM’s authority, or in relation to Personal Information, in writing (email will suffice) to BFM’s Commercial Manager, or alternatively to the Manager of the Branch you are dealing with. We will endeavour to respond in accordance with any relevant statutory time requirements, and in any event within 10 working days.
Website terms and conditions
Brendan Foot Supersite reserves the right to change any or all of the information contained on www.brendanfoot.co.nz at any time and you should constantly check the current terms and conditions.
We reserve the right to alter prices for any reason. We are not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices and promotions set forth on this site are subject to change without notice.
Brendan Foot Supersite attempt to be as accurate as possible in describing products detailed on this site. However, Brendan Foot Supersite does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Please check with Brendan Foot Supersite for the current status of all listed vehicles and clarification on promotions.
Trade In Valuation Terms & Conditions
Website – the information and functionality housed at www.brendanfoot.co.nz
Vehicle – a New or Used vehicle listed for sale by Brendan Foot Supersite
Estimate – a valuation (provided online or otherwise) that indicates the value of your vehicle in relation to the purchase of a Vehicle.
- ESTIMATE AND PRICE
1.1 To begin the Estimate process, you will need to access the Website and provide Brendan Foot Supersite with certain information about your Vehicle (the “Online Estimate Process”). The Online Estimate Process can be entered from any used car listing on the Website.
1.2 On completion of the Online Estimate Process, an Estimate will be provided to you via email. Alternatively, please visit Brendan Foot Supersite (12 Railway Avenue, Lower Hutt, 5011) where we will be able to assist you. By completing the Online Estimate Process you give Brendan Foot Supersite permission to request a Vehicle Information Report from an industry provider such as, but not limited to MotorWeb.
1.3 All Estimates (and (if applicable) any subsequent purchase of your Vehicle) will be subject to these Terms and Conditions and shall be based on the information you provide at the time you complete the Online Estimate Process.
1.4 Any incorrect or misleading information which you provide, will result in an inaccurate Estimate, which will be considered as void and withdrawn by Brendan Foot Supersite. Where information is incorrect, you must advise Brendan Foot Supersite as soon as possible and/or when requested by Brendan Foot Supersite to do so.
1.5 From the date on which Brendan Foot Supersite sends or otherwise provides you with the Estimate, it shall be valid until the date 7 (seven) days from the Estimate.
If 7 (seven) days have expired since the Estimate (without the sale of the Vehicle or a Vehicle inspection occurring) you will be required to complete the Online Estimate Process again or visit Brendan Foot Supersite.
1.6 The Estimate is provided strictly on a “Subject to Contract” basis and Brendan Foot Supersite has the absolute right to withdraw the Estimate at any time without any legal consequence or liability to you. The Estimate does not constitute an offer from Brendan Foot Supersite to purchase the Vehicle.
1.7 Brendan Foot Supersite accepts no liability whatsoever for any Estimate provided which may include any unintentional/typographical mistakes or errors on Brendan Foot Supersite’s part or by any systems failure. If a mistake has been made, please notify Brendan Foot Supersite at its customer care centre at 12 Railway Avenue, Lower Hutt 5011 as soon as possible so that the mistake can be corrected and (where necessary) a revised Estimate provided.
1.8 All prices given in the Estimate or the revised Estimate under clause 2.2 will be in New Zealand Dollars only and inclusive of GST.
- VEHICLE INSPECTION
2.1 Brendan Foot Supersite requires, and will carry out an on-site or at home physical Estimate and inspection of the Vehicle and the Vehicle Documentation prior to Brendan Foot Supersite issuing you with a Purchase Form in accordance with clause 3. Brendan Foot Supersite shall complete an Appraisal Form, either on paper or using a mobile application, during the inspection process, an Estimate from the Appraisal Form will be transferred to a sales invoice, which you will be required to sign in order to signify acceptance of Brendan Foot Supersite’s inspection and, if appropriate, revised Estimate.
2.2 A revised Estimate may be necessary where, as a result of the inspection in accordance with clause 2.1:
2.2.1 the Vehicle does not correspond with the information you provided during the Online Estimate Process;
2.2.2 the Vehicle’s condition has a significant impact on its Estimate;
2.2.3 the mileage information provided by you during the Online Estimate Process has increased significantly from the date Brendan Foot Supersite provided the Estimate to the date of the inspection;
2.2.4 the Vehicle is found to have mechanical defects;
2.2.5 Brendan Foot Supersite becomes aware of other factors which you did not disclose during the Online Estimate Process but which have an impact on the Vehicle’s Estimate.
2.3 Should you decide not to proceed with sale of the Vehicle to Brendan Foot Supersite immediately following the inspection referred to in clause 2.1 you will not be able to apply the sum in the Appraisal Form towards your new vehicle and you shall remain fully liable and responsible for payment of the deposit for your new vehicle (if applicable).
- BASIS OF CONTRACT
3.1 No binding contract will be created between Brendan Foot Supersite and you until all of the following have been completed:
3.1.1 you have received an Estimate (or as the case may be, a revised Estimate) from Brendan Foot Supersite confirming the purchase price Brendan Foot Supersite shall pay you in relation to your Vehicle;
3.1.2 Brendan Foot Supersite has undertaken an on-site or at home Estimate and inspection and you have signed or otherwise signified your acceptance of the Sales Invoice in accordance with clause 2.1;
3.1.3 the Vehicle and Vehicle Documentation have been left with Brendan Foot Supersite; and
3.2 For the avoidance of doubt, the Sales Invoice shall constitute an ‘offer’ from Brendan Foot Supersite to purchase the Vehicle from you on these Terms and Conditions and for the price set out in the Estimate (or revised Estimate as the case may be). In signing or taking other steps to signify your acceptance of The Sales Invoice, you signify your acceptance of the Estimate and all terms therein, including these Terms and Conditions, and at that point you acknowledge that you shall enter into a legally binding contract with Brendan Foot Supersite in relation to the purchase of the Vehicle.