The Toy Shop – Terms & Conditions of Trade

Please read these terms in full. By delivering your vehicle, requesting Work, and/or authorising services from The Toy Shop 2009 Limited (“The Toy Shop”), You are confirming that You have read, understood and agree to these Terms & Conditions of Trade (“Terms”).

1.1 “Fees” means the amount payable for the Work (excluding GST), including labour, parts, consumables, and out-of-pocket expenses.
1.2 “Project” means the project that the Work is provided for, whether undertaken on a vehicle, vehicle parts, or other items.
1.3 “Work” means all services, parts, consumables and deliverables provided by The Toy Shop for the Project, whether on a vehicle, vehicle parts, or other items.
1.4 “You”, or “Your” means the authorised person(s) requesting The Toy Shop to perform provide services Works on a vehicle or other item, jointly and severally if there is more than one.
1.5 Interpretation:
(a) Headings are for convenience only and do not affect interpretation.
(b) Words in the singular include the plural and vice versa;
(c) A reference to:
(i) a party includes that party’s authorised representative, and permitted successors or assigns.
(ii) “including” and similar words do not imply any limit.

2.1 Request for Work: By delivering Your vehicle, parts, or other items to The Toy Shop, or by requesting Work (by whatever means, including in person, via phone, email, messenger, text, or through the Global Workshop App (“App”)), You are requesting The Toy Shop to perform Work. Your request means:
(a) Acceptance of these Terms;
(b) Authorisation for The Toy Shop to start Work on a time and materials basis, even if an estimate or ballpark has not been provided or accepted; and
(c) Acknowledgement of the associated costs of the Work.

2.3 Client Acknowledgement & Warranties: You warrant that You:
(a) are the legal owner or are authorised to request the Work on the vehicle, parts, or items for the Project;
(b) have sufficient means to pay for the Work and other costs incurred, as invoiced, when payment falls due.

2.4 Termination
(a) Termination by You: You may terminate all or part of the Work by written notice via email to us at any time. The Toy Shop will promptly make arrangements to stop the Work and minimise further expenditure, however there may be further Work required to prepare the vehicle (which may have been disassembled depending on the stage the Work is at), parts, or other items for collection by You. You will pay for all Work up to the date of collection.
(b) Termination for other events: Without limiting a Party’s other rights and remedies, either Party may terminate these Terms immediately by written notice if the other Party ceases to carry on business, ceases to be able to pay its debts as they become due, enters into a composition with its creditors, goes into liquidation, or a receiver and manager or statutory receiver is appointed in respect of that Party, or any analogous event occurs.

3.1 Performance of the Work: The Toy Shop will honour its obligations under the CGA in respect of Work carried out.
3.2 When CGA Applies: The parties agree that where all or any of, the Work are acquired for the purposes of a business the provisions of the CGA are excluded in relation to the Work. However, nothing in these Terms shall restrict, negate, modify or limit any of Your rights under the CGA where the Work acquired is of a kind ordinarily acquired for personal, domestic or household use or consumption and You are not acquiring the Work for the purpose of a business

4.1 All Work is performed on a time and materials basis.
4.2 Labour is billed at The Toy Shop’s current hourly rate, which is subject to change without notice.
4.3 Parts, fabrication, and finishes are billed as incurred and may vary depending on selections, availability, or discoveries during the Project.
4.4 All fees and price indications are in New Zealand dollars and excluding GST unless stated otherwise.

5.1 Non-binding: Due to the variable nature of classic car restoration, The Toy Shop does not provide quotes. However, The Toy Shop can provide non-binding Ballparks and Estimates. Ballparks are non-binding approximate initial figures provided for guidance only. Estimates are more detailed non-binding indicative figures based on current knowledge of the Project and are provided to help guide planning of the Project.
5.2 Request for updated costings: You may request a revised Estimate or Ballpark at any time. In providing these, The Toy Shop will endeavour to reflect the current scope, parts, labour, and discoveries to date.
5.3 Final Costs: Final costs may vary from any initial price indication due to (for example and without limitation):
(a) The actual time required to complete the Work;
(b) Unforeseen issues discovered during the Project or a change in the scope of the Project;
(c) Parts, consumables, finishes, or specialist fabrication selected;
(d) Freight, shipping, or other out-of-pocket expenses.

6.1 Progress Updates: The Toy Shop provides regular updates on the Project primarily via the App, and by email or phone (“Progress Updates”). Weekly invoices reflect the Work completed and Progress Updates shared in the App.
6.2 Instructions Requests: Changes, additions, or late requests may result in additional Work, Fees, or schedule adjustments. To assist with the Work, You are responsible for:
(a) Reviewing Project Updates regularly in the App;
(b) Contacting The Toy Shop promptly with any questions You may have, for example regarding Work completed, Fees, or to request additional information or a revised estimate;
(c) Responding promptly to any communications from The Toy Shop, for example regarding unexpected issues, decisions, or approvals needed from You during the Project (“Instructions Request”).
6.3 Prompt Communication: Your prompt communication (including Progress Updates and Instructions Requests) assists to ensures that unforeseen issues, scope changes, or additional Work can be addressed promptly, helping to minimise delays, misunderstandings, and additional Fees.
6.4 Suspending Work: If The Toy Shop does not hear from You in a prompt manner (usually 24 hours) after any Instructions Request, The Toy Shop may suspend Work until communication resumes. The Toy Shop will notify You prior to suspending the Work.
6.4 Ceasing Work: If The Toy Shop does not hear from You for a further 7 days then all Work will cease and the vehicle may then be moved into storage at Your cost. Applicable transport, storage fees and other direct costs will apply from the date of the last Instructions Request.
6.5 Resuming Work: Work will resume once You communicate with The Toy Shop and resolve any Instructions Requests, other outstanding issues, approvals, or invoices. The Toy Shop is not liable for any loss, damage, or additional costs arising from delays caused by You, parts sourcing, or workflow scheduling.

7.1 Deposits & Prepayments: Some Work, including outwork, may require a deposit or full payment before ordering or scheduling such work.
7.2 Part Orders & Title: Certain parts may require advance payment in full and will only be ordered once payment has been received. Where parts are ordered by The Toy Shop, title in all such parts remains with The Toy Shop until payment in full has been received, notwithstanding that the parts may have been installed in or delivered with a vehicle or other item.
7.3 Overseas Sourcing & Additional Costs: Where parts, materials, or vehicles are sourced from overseas, additional costs may apply, including but not limited to shipping and freight charges, customs or import duties, currency conversion fees, any other incidental costs incurred to bring the item to New Zealand. The Toy Shop will obtain estimates of these costs where possible. Such costs will be on-billed to You.
7.4 Non-Refundable Deposits: Deposits or advance payments will be applied to the overall cost of the Project and are non-refundable once the part has been ordered or Work scheduled.
7.5 Suppliers: While The Toy Shop takes reasonable care in selecting and recommending third party suppliers, it is ultimately Your decision to approve any such supplier. You are responsible for taking reasonable steps to verify the suitability of any third party supplier. Any Work carried out by these suppliers is solely their responsibility, and any claim regarding parts or services provided must be addressed directly with them.
7.6 Client-Supplied Parts: The Toy Shop is not responsible for loss, damage, defects, failures, delays, or incompatibilities arising from parts or materials supplied by You. Any warranty coverage for such items is limited to the manufacturer or supplier, and The Toy Shop will not be liable for any loss or damage resulting from their use.

(a) Exclusion of Implied Terms: To the fullest extent permitted by law, all conditions, warranties and representations not expressly contained in these Terms are excluded.
(b) Legislative Conditions & Warranties: Where legislation implies in these Terms any condition or warranty that cannot be excluded or modified, the liability of The Toy Shop for the breach of any such condition or warranty is limited at The Toy Shop’s option to any one or more of the following:
(i) in the case of parts, replacing or supplying equivalent parts or paying for the cost of replacing or acquiring equivalent parts; and
(ii) in the case of any Work, resupplying the Work or paying for the cost of resupply.
(c) No liability for Loss or Damage: The Toy Shop is not liable for any loss or damage of any kind (whether to a vehicle, parts, You or any third party and including any indirect or consequential loss, any loss of profit, loss of contract or loss of goodwill) arising from or in connection with the supply of or failure to supply the Work or these Terms, even if due to the negligence of The Toy Shop or any of its employees or agents.
(d) Cap on Liability: The exclusions and limitations in these Terms apply to the maximum extent legally permitted. To the extent that The Toy Shop’s liability cannot be or is not otherwise limited, The Toy Shop’s aggregate liability arising from or in connection with the supply of or failure to supply the Work or these Terms, even if due to the negligence of The Toy Shop or any of its employees or agents), will not exceed $1,000.
(e) Mitigation: Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms.
(f) Proportionate liability: If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a third party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution.
(g) Your Joint and Several Liability: Where the Terms have been entered into by an agent or a person purporting to act as agent on Your behalf, the agent and You shall be jointly and severally liable for payment of all Fees due to The Toy Shop under these Terms.

9.1 Invoice Payment: Vehicles, parts, or materials will not be released until all invoices are paid in full. You must pay The Toy Shop for the Work, the Fees at the times and in the manner set out below:
(a) Jobs completed within one week: payment is due prior to collection.
(b) Ongoing jobs: invoiced weekly as progress payments, due within 7 days of the date of invoice. Weekly invoices correspond to updates shared via the App.
9.2 No right of set off: Payment of invoices will not be withheld, reduced or deferred on account of any claim, counterclaim, set-off or otherwise, even if part of an invoice is disputed. The mediation obligation will not apply to a Fees and/or disbursements recovery claim by The Toy Shop.
9.3 Payment Default:
(a) If You fail to make payment of an invoice that is due and payable and that default continues for 7 days, The Toy Shop may provide written notice to You specifying the default and requiring payment within 7 days from the date of the notice.
(b) Unless payment has been made by You in full, The Toy Shop may suspend performance of the Work and withhold deliverables any time after expiration of the notice period. The Toy Shop will lift the suspension of Work and withholding of deliverables after You have made the payment.
(c) Regardless of whether or not The Toy Shop suspends the performance of the Work and withholds deliverables in accordance with this clause, The Toy Shop may charge interest on overdue amounts from the date payment falls due to the date of payment at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by The Toy Shop’s primary trading bank as at the due date plus 2% per annum, and in addition to the costs of any actions taken by The Toy Shop to recover the debt.
(d) The Toy Shop will not be liable to You or any third party for any loss arising from suspending the Work or withholding deliverables.
9.4 Unpaid Seller’s Right / Worker’s Lien: Where full payment has not been received, The Toy Shop may:
(a) Retain possession until all outstanding Costs.
(b) Sell the vehicle or item under the Contract and Commercial Law Act 2017 to recover Costs.
(c) Claim any remaining monies owed after disposal.

10.1 Vehicle Assessment & Documentation: Upon delivery of Your vehicle, parts, or other items to The Toy Shop’s workshop (“Workshop”), The Toy Shop will document the visible condition of the vehicle, parts, and components at Your cost (including pre-stripping or assessment). Once Work starts, The Toy Shop will do a further assessment of the vehicle, parts, or other items, including a review of any specific concerns You have raised. These assessments are limited to what can reasonably be observed based on the level of work or stripping done and do not cover parts or components that are sealed, obstructed, or have not been inspected. Any additional work identified during this assessment will be communicated via the App.
10.2 Insurance: You must maintain comprehensive insurance coverage on the vehicle for the duration of its time with The Toy Shop, including periods in the Workshop or during transport for outwork. It is Your responsibility to notify Your insurer that the vehicle is undergoing restoration and is in The Toy Shop’s care for storage.
10.3 Vehicle Registration: For New Zealand-registered vehicles, The Toy Shop recommends that Your vehicle’s licence and registration remain current, or be formally placed on hold, while work is being done. Vehicles with lapsed registration may require additional compliance steps before they can legally return to the road.
10.4 Your Obligations & Risk:
(a) Vehicle Storage & Use: While Your vehicle, parts, or other items are at the Workshop, they are stored and moved at Your risk. You must remove all valuables prior to delivery, as The Toy Shop is not responsible for loss, theft, or damage to vehicle contents.
(b) Vehicle Transport & Delivery: Any vehicle, parts, or items transported by The Toy Shop or its agents, including delivery to or from suppliers, are at Your risk. You are responsible for arranging or paying for additional insurance if desired.
10.5 Liability Limitations:
(a) Liability for Pre-existing, Aged, or Fragile Components: The Toy Shop is not liable for any physical damage, electrics, parts, plastics, fabrics, mechanical components, or glass that were faulty, damaged, or fragile at the time of delivery, or that develop independently of the Work. You acknowledge that older components may fail due to age, wear, or inherent material fatigue during the repair or restoration process, and such issues are outside The Toy Shop’s control. Some components may be unavoidably damaged during the removal process, including those secured with glue or other adhesives.
(b) Glass Removal: Where window or windscreen glass removal is required as part of the Project, The Toy Shop will exercise reasonable care. However, The Toy Shop will not be liable for cracks, chips, or breakage of pre-existing or fragile glass during removal, handling, reinstallation, or exposure to heat in the paint booth.
(c) Test Drives & Vehicle Operation: The Toy Shop will conduct test drives, startups, or operation of the vehicle at its discretion and taking reasonable care. The Toy Shop will not be liable for any damage resulting from such testing, unless caused by negligence or wilful misconduct.

11.1 Workshop Scheduling & Internal Delays: The Toy Shop works on multiple projects at any time. Your vehicle, parts, or items may not receive continuous, end-to-end attention without prior arrangement. Certain processes may require Your vehicle to remain in the Workshop for technical restoration steps, parts, or to accommodate other projects. While The Toy Shop endeavours to adhere to agreed schedules, timing can be fluid and it is not liable for any loss, damage, or additional costs arising from such scheduling delays.
11.2 Parts Sourcing & Availability: Delays may occur due to parts or materials being unavailable, or delays outside The Toy Shop’s reasonable control, including due to supplier, shipping or overseas sourcing. The Toy Shop will communicate anticipated delays in a timely manner but will not be liable for any loss or delay arising from such issues.
11.3 Abandoned Vehicle: If You do not collect Your vehicle, parts, or other items within 30 days written notice to You, The Toy Shop may, at its discretion, dispose of, sell, or otherwise deal with such items to recover its Costs. Any surplus funds will be returned to You after deduction of such Costs.

12.1 Prompt Contact by You: It is Your responsibility to contact The Toy Shop promptly at any point during the Project with any concerns or questions. Failure to raise concerns promptly may limit The Toy Shop’s ability to resolve issues effectively.
12.2 Concerns on Fees: If You have any concerns regarding any Fees or an invoice, in part or in full, You must raise them in writing with The Toy Shop within 7 days of the invoice date. Payment of an invoice is taken as acceptance of the Work detailed in the App corresponding to the weekly invoice cycle.

13.1 Client Sign-Up: You must register for and maintain access to the App for the duration of the Project. The Toy Shop will use the App as the primary method for communicating project updates and notifications to You and it constitutes written notice for the purposes of authorisations and approvals.
13.2 Project Updates & Communication: The App provides a visual timeline of Work completed, progress updates, and records of parts, labour, and services. You are responsible for reviewing updates regularly and using the App to:
(a) Raise questions or concerns;
(b) Approve additional work or costs;
(c) Request revised estimates;
(d) Track progress against invoices and milestones.
13.3 Access & Privacy: Access to the App is for You, the client only. Links, credentials, or content from the App may not be shared without The Toy Shop’s prior written consent.
13.4 Restriction of Access: The Toy Shop reserve the right to restrict or remove Your access to the App without notice in the event of:
(a) Non-payment of an invoice by the due date;
(b) Delays caused by You; or
(c) Any other breach of these Terms.

14.1 Ownership of Media: All media created by The Toy Shop, including photographs, videos, or other visual records of Your vehicle, parts, or Project, remain the Toy Shop’s property. The Toy Shop may use this media for advertising, promotion, or other purposes across all platforms, both print and digital.
14.2 Client Access: You may request access to media documenting the Work on their vehicle or project. Access is provided at The Toy Shop’s discretion and may be restricted or revoked where reasonably necessary. Media or content may not be shared without The Toy Shop’s prior written consent.
14.3 Certifier Use: Where necessary, specific media may be shared with certifiers or third parties to verify work. A separate selection of media may be created for this purpose.
14.4 Access Removal: The Toy Shop reserves the right to restrict or remove access to media in the event of non-payment, extended project delays, or other breaches of these Terms.
14.5 Intellectual Property: All designs, drawings, and fabrication plans created by The Toy Shop remain the intellectual property of The Toy Shop and may not be reproduced, shared, or used by You or third parties without The Toy Shop’s prior written consent.

15.1 Warranty on Work:
(a) The Toy Shop will honour its obligations under the CGA.
(b) A Warranty applies only to the original owner at the time of Work and is not transferable.
(c) Invoices must be paid in full and on time for the Warranty to apply.
(d) You must regularly and properly maintain the vehicle and store it in line with standard vehicle care practices and any reasonable instructions provided by The Toy Shop in relation to Your vehicle or part.
(e) Failures caused by the following void any warranty provided for Work performed by The Toy Shop:
i. failures or defects arising in adjacent components, pre-existing work, or parts not supplied or installed by The Toy Shop.
ii. Partial repairs (e.g., software updates without full component rebuild).
iii. Use outside ordinary use of the vehicle or part (e.g., burnouts, competitive motorsport, off-road use or any other extreme application not pre-approved in writing); `
iv. Continued use of the vehicle or part after the issue becomes apparent;
v. Fair wear and tear, accidents, or acts of God;
vi. if the Work is repaired, altered, or overhauled without The Toy Shop’s consent or an opportunity given to The Toy Shop to repair or remedy.
vii. Underbody areas cannot be protected and are therefore excluded from any warranty.
15.2 Investigation & Remedial Work:
(a) If You report an issue, The Toy Shop will investigate to assess the cause.
(b) All Warranty work is “back-to-base”, and transport to/from the Workshop is at Your cost.
(c) If the issue is not directly caused by Work, You are liable for the cost of investigation and any remedial work in accordance with these Terms.
(d) Warranty repairs assume the date of the original Work Warranty commencement date.
15.3 Bodywork / Paintwork Warranty Bare Metal / Full Respray Work
(a) The Toy Shop guarantees its Bare Metal / Full Respray Work for 10 years (“Full Paintwork Warranty”) provided the vehicle is returned to The Toy Shop for assessment of the Work between 12–18 months from date of Work completion; otherwise, warranty reduced to 2 years from date of Work completion.
(b) In addition to the standard warranty terms set out in clause 14.1, the further conditions apply to the Full Paintwork Warranty:
i. applies only to areas of the metal substrate exposed, prepared, repaired, treated, and coated by The Toy Shop;
ii. underbody areas are excluded;
iii. suspected corrosion must be reported immediately in writing to The Toy Shop, otherwise delays may reduce coverage proportionally.
15.4 Partial Paintwork
(a) The Toy Shop can not guarantee colour matching, long-term durability, or cover issues from underlying defects or prior repairs.
(b) By authorising partial paintwork, You acknowledge that the following issues may occur and are therefore excluded from any warranty by The Toy Shop.
i. Colour variations between newly painted and existing panels;
ii. Deterioration of existing paint;
iii. Failures to the partial paintwork caused by prior repairs, corrosion, or substrate weaknesses;
iv. Environmental exposure or UV fade to the partial paintwork and the existing paintwork.
15.5 Warranty on Parts:
(a) All parts (excluding consumables) will be covered by the supplier’s warranty terms (if any).
(b) Remedy for defective parts fabricated by The Toy Shop is limited to repair or replacement in accordance with the CGA.
(c) Issues must be reported immediately in writing, with supporting photographic evidence and the defective part supplied for assessment by The Toy Shop so it can advise on next steps.
(d) Parts may need to be returned directly to the relevant supplier for assessment at Your cost.
15.6 Returns of Non-Faulty Parts:
(a) Non-Faulty parts specifically made for You (custom or special-order items) can not be returned unless agreed in writing by The Toy Shop.
(b) Other standard parts may be returned and will be credited to Your account if returned at Your cost within 7 days, in original, unused condition.
(c) A 20% restocking fee applies to all parts that The Toy Shop accepts for return.
(d) Refunds are usually processed within 14 days of inspection and approval. Workshop closure periods may affect processing.

The Toy Shop will comply with its obligations under the Privacy Act 2020 and the Privacy Statement set out on The Toy Shop website.

If the performance of the Work (all or part) is prevented or hindered by an event or circumstance (“circumstance”) beyond either Party’s reasonable control and not directly or indirectly caused by either Party (but excluding lack of funds for any reason), the Work will be suspended to the extent to which it is affected by the relevant circumstance for so long as it continues. Both Parties will take all reasonable steps to minimise the effects of the circumstance. Where the suspension results in a delay in The Toy Shop’s performance of the Work, The Toy Shop will be entitled to additional reasonable time to complete the Work and for any additional reasonable costs incurred as a result of the suspension.

18.1 Jurisdiction: These Terms and Conditions are governed by New Zealand law. In the event of a dispute, the New Zealand courts shall have non-exclusive jurisdiction.
18.2 Waiver: To waive a right under the Terms, that waiver must be in writing by the waiving party.
18.3 Assignment: The Toy Shop may assign or transfer any benefit or obligation under these Terms without notice to You. You may not assign or transfer any benefit or obligation without The Toy Shop’s prior written consent.
18.4 Severability: Any illegality, unenforceability or invalidity of a provision of the Agreement does not affect the legality, enforceability or validity of the remaining provisions of the Agreement.
18.5 Dispute Resolution: In the event of any dispute arising under or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the matter themselves but failing that through mediation before commencing legal proceedings. This clause does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
18.6 Changes to Terms: These Terms may be updated or amended by The Toy Shop from time to time. All changes take effect immediately upon being posted on The Toy Shop website.