Terms & Conditions
A legal disclaimer
These Terms and Conditions govern the "Total Exit Solution" services provided by Mercatura Ltd, and a licensed asset recovery specialist based in New Zealand. By engaging these services, you agree to the following terms regarding the valuation, purchase, and clearance of storage units or estate contents.
Terms & Conditions - the basics
1. Scope of Services
• Assessment: We provide on-site evaluations for the contents of storage units and residential house lots.
• Total Clearance: Our service includes a "Total Exit Solution," where we purchase the full contents of a designated space and ensure the area is left swept-clean and ready for handover.
• Geographic Focus: Services are primarily offered within the Auckland region, with a focus on the North Shore, including Albany, Wairau Valley, and Rosedale.
2. Purchase Agreements & Valuation
• Lump Sum Offers: All offers are made as a single lump-sum payment for the entirety of the unit or estate contents.
• Specialist Interest: Our valuations prioritize high-value assets, including vintage and designer jewelry (greenstone, jade, sterling silver, gold), electronics (gaming consoles and software), and collectible antiques or glassware.
• Purchase Price Allocation: For significant transactions, specific allocations to building improvements or chattels may be documented as required by current tax and accounting standards.
3. Seller Representations & Authority
• Legal Ownership: The Seller warrants that they have the full legal right to sell the assets and that the items are free of any undisclosed liens or encumbrances.
• Estate Authority: If acting as an executor or on behalf of a relative, the Seller must provide proof of authority to liquidate the estate.
• Excluded Items: Personal documents, passports, and birth certificates found during clearance will be handled with discretion and returned to the Seller.
4. Legal Compliance (New Zealand)
• Second-Hand Dealing: In accordance with the Secondhand Dealers and Pawnbrokers Act 2004, the Seller must provide valid photographic identification (NZ Driver License or Passport) for the "Dealers Record".
• Statutory Holding Period: Certain items, such as jewelry and electronics, are subject to a mandatory 14-day holding period before they can be altered or resold.
• Consumer Guarantees: All services are provided in alignment with the New Zealand Consumer Guarantees Act, ensuring the clearance is performed with professional care and skill.
5. Finality of Transaction
• Completion: Once the "Transfer of Ownership" is signed and payment is rendered, the sale of goods is final.
• No "Cherry-Picking": We commit to removing all items from the unit, including low-value goods, to fulfill the "swept-clean" guarantee.
• Risk: Risk in the goods passes to the Buyer once they are removed from the storage facility or property.
6. Limitation of Liability
• We are not liable for any pre-existing damage to the storage facility or property.
• Liability for any loss or damage during the clearance process is limited to the total value of the purchase agreement.
Governing Law: These terms are governed by the laws of New Zealand.