Online Reservation Terms & Conditions | Ford New Zealand

Online Reservation Terms and Conditions

Version Date: January 2022

1. Definitions

In these terms and conditions, capitalised terms have the following meanings:

a)      Accessories means items available through the Build & Price specifically for the Vehicle, plus Ford approved accessories available from Ford Dealers.

b)      Build & Price means the pages of the Ford Website that allow you to build and price Vehicles with the price shown as the Recommended Retail Price (RRP).

c)       Recommended Retail Price:  The Price indicated in the configurated journey for vehicles is the Recommended Retail price. All Recommended Retail Prices (RRP) include GST. Prices exclude any dealer on-road, accessories and fitting costs. Prices also exclude the Co2 Emission Rebates and Fees. To learn more about the Clean Car Programme, please visit https://rightcar.govt.nz/clean-car-discount. Please contact your authorised Ford Dealer for full pricing details

d)      Dealer Contract of Sale means the contract to purchase a Vehicle between a customer and their selected Ford Dealer.

e)      FMA means Ford Member Account.

f)        Ford means Ford Motor Company of New Zealand.

g)      Ford Dealer means an authorised Ford Dealer who participates in this Program.

h)      Ford Website means ford.co.nz.

i)        Program means Ford’s online reservation program in respect of the Vehicles as described in these terms and conditions.

j)        Reservation Fee means the refundable deposit payable by the customer to reserve the opportunity with their preferred Dealer to purchase a Vehicle, the amount of which will be specified on the Ford Website.

k)      Vehicle means a new Ford vehicle that is capable of being reserved under the Program.

l)        Vehicle Purchase Price has the meaning set out in paragraph 3(g).

2. Eligibility and acceptance

a)      To participate in the Program, you must be aged 18 years or over and must be registered for an FMA. If you don’t have an FMA, you must create one and agree to any FMA terms and conditions.

b)      By accepting these terms and conditions prior to paying the Reservation Fee, you agree to be bound by these terms and conditions. You will also be required to agree to Ford’s payment terms and conditions before paying the Reservation Fee.

c)       You may not participate in the Program if you are a broker, and you may only reserve a Vehicle for yourself in your own name. Ford reserves the right to cancel your reservation for a breach of this condition.

3. Reservation Process

a)      Subject to Vehicle availability, a customer can reserve a maximum of 2 Vehicles per nameplate via the Program, although a customer can only reserve one Vehicle at a time per transaction via the Program.

b)      Ford Dealers cannot reserve a Vehicle on behalf of a customer. All reservations must be made by an individual customer on their own behalf.

c)       To reserve a Vehicle, you need to visit the Ford Website, build your Vehicle through the Build & Price feature, select the Ford Dealer from whom you want to purchase the Vehicle, and pay the Reservation Fee.

d)      The Reservation Fee can only be paid via the Ford Website using a third-party gateway provider, PayPal. There are two acceptable payment methods:

i)        Via the PayPal button using your PayPal account; or

ii)      Via PayPal guest checkout using your credit card (only Visa and Mastercard accepted) or debit card.

e)      Ford and the Ford Dealer will not receive or store yourdfz credit card details or any PayPal account details.

f)        The Reservation Fee will be held in the Ford Dealer’s account (managed by PayPal).

g)      The Reservation Fee you pay will be associated with Recommended Retail Price for the Vehicle. The actual price you will need to pay to purchase the Vehicle (Vehicle Purchase Price) may be different from the Recommended Retail Price, and will be agreed between you and the Ford Dealer, and confirmed in the Dealer Contract of Sale.

h)      After you have paid your Reservation Fee, you will receive an e-mail and SMS from Ford, with a booking reference number. The booking reference number is confirmation you have successfully made a reservation and that your Reservation Fee has been processed.

i)        A successful reservation made online will be visible in your FMA. Changes to the configuration of your reservation via your FMA is not currently possible. After you have made a reservation but before order confirmation, changes to vehicle configuration can be organised directly with your selected Ford Dealer. Changes made directly with your Ford Dealer will not be reflected in your FMA. Alternatively, an existing reservation that is yet to progress to a confirmed order in your FMA may be cancelled via your FMA. This will trigger a full refund (in most instances taking 14 days for the reservation fee to be refunded to original payment method), allowing you to place a subsequent reservation online with your desired configuration in replacement of your previously cancelled reservation. Please note, cancelling a reservation and placing a new reservation may impact order progression with your selected Ford Dealer.

j)        After your selected Ford Dealer has received the information about your reservation, the Ford Dealer will contact you within two (2) business days.

4. Purchasing the Vehicle

a)      You and your selected Ford Dealer will discuss the exact details of the Vehicle you wish to purchase, including:

i)        the specific variant, colour, specifications and any Accessories you wish to add to the Vehicle;

ii)      the Vehicle Purchase Price (this may differ from the Recommended Retail Price as the Ford Dealer is the seller of the Vehicle and determines at its discretion the price at which it is willing to sell the Vehicle to you); and

iii)     if and when the details above are agreed, you will sign a Dealer Contract of Sale.

b)      You agree and understand that in addition to the Reservation Fee, the Ford Dealer may require payment of a deposit as part of the Dealer Contract of Sale.

c)       After you sign a Dealer Contract of Sale:

i)        the Reservation Fee will be retained by the Ford Dealer and applied towards the Vehicle Purchase Price in accordance with the Dealer Contract of Sale;

ii)      you will be required to pay the Dealer the Vehicle Purchase Price less the amount of the Reservation Fee and less any deposit paid to the Dealer; and

iii)     the Dealer will deliver the Vehicle to you in accordance with the Dealer Contract of Sale.

5. Refund of the Reservation Fee and cancellation

a)      You may request a refund of the Reservation Fee from your selected Ford Dealer (or cancel your reservation via the FMA) at any time prior to signing a Dealer Contract of Sale. If you do so, your reservation will be cancelled, and the Ford Dealer will refund the Reservation Fee to you in full, in most instances within 14 days, via the same method you used to pay the Reservation Fee. Note: This refund timing can be delayed due to circumstances outside of the control of Ford or your Ford Dealer, for example, delays associated with the banking institutions involved.

b)      Your selected Ford Dealer may cancel your reservation at any time if it is unable to procure for you the Vehicle you have configured and reserved within a reasonable time.

c)       If within 12 months of paying the Reservation Fee (or such other time frame notified to you), you don’t sign a Dealer Contract of Sale for the Vehicle, Ford may at its sole discretion cancel your reservation and arrange for the Reservation Fee to be refunded to you.

d)      You acknowledge that Ford at its sole discretion, may decline, or cancel your reservation at any time, for any reason. You will be notified by email if your reservation is declined or cancelled, and the Reservation Fee will be refunded once processed.

e)      You acknowledge that if the Reservation Fee was paid using a credit card that is expired at the time Ford Dealer processes the refund, the refund will deemed to have been paid, and it will be your responsibility to contact your card issuer to ensure that you receive the refund into another account.

6. Important information about your reservation

a)      Online reservation allows you to conveniently reserve the opportunity to purchase a Vehicle from your preferred Ford Dealer (subject to stock availability) by indicating your interest and paying a Reservation Fee.

b)      You acknowledge and accept that your online reservation (and payment of the Reservation Fee) is not:

(i)      an order for a specific Vehicle;

(ii)    a contract of sale of the Vehicle with the Ford Dealer;

(iii)   Ford or a Ford Dealer guaranteeing Vehicle availability to you;

(iv)   placing a direct Vehicle order with Ford or a Ford Dealer;

(v)    linked directly to a Ford Dealer’s inventory;

(vi)   a guaranteed set price for the Vehicle;

(vii) to be treated as a priority over any other customer who reserves a Vehicle either online through the Program, or in person at a Dealer.

c)       Your reservation for a Vehicle is non-transferable and cannot be assigned to another customer or Ford Dealer. The name and details you provided when you make your reservation must be the same on the Dealer Contract of Sale.

7. Privacy

a)      The information you provide in connection with the Program, including your contact details, the details of the Vehicle and the booking reference, will be provided to your selected Ford Dealer by Ford.

b)      Ford may use and disclose personal information you provide in connection with the Program for:

(i)      the purpose of conducting this Program; and

(ii)    any of the purposes set out in Ford’s privacy policy (available at https://www.ford.co.nz/privacy-disclaimer/) which contains information about how customers may access and seek correction of their personal information or complain about a breach of their privacy and how Ford will deal with a complaint.

8. General

a)      Ford reserves the right to discontinue or modify the Program (or suspend access to reservation function on the Ford Website) at any time.

b)      You represent and warrant that all information you provide in connection with the Program is accurate. Ford and the Ford Dealers shall not have any responsibility or liability for inaccurate information or information that later becomes outdated.

c)       Ford reserves the right to cancel a customer’s reservation or confirmed order at any time and to add, vary or remove terms, conditions and criteria at any time provided it has provided appropriate notice to the customer. Any changes to terms and conditions will be published on the Website and you will be deemed to accept these changes by continuing to use Program. Should the Program not be operating as intended by Ford, Ford reserves the right to take any action that may be available to it and any action taken, or decision made Ford in relation to the Program and these terms and conditions, are final and binding.

d)      You, Ford and the Ford Dealers will not be liable for any failure or delay in the performance of its obligations under these terms and conditions to the extent such failure or delay is caused by any circumstance not within the reasonable control of the affected party.

e)      These terms and conditions are governed by and interpreted in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of its courts.

f)        To the fullest extent permitted by law, Ford will not bear liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which you may suffer or incur in connection with the Program, reservation or use of the Ford Website, including but not limited to any technical difficulties or access issues with the Ford Website (whether or not under Ford’s control).

g)      Nothing in these terms and conditions is to be interpreted as excluding any of the rights or remedies that you may have against Ford under the Consumer Guarantees Act 1993.

9. Contact Ford