Terms and Conditions
1 APPLICATION
1.1 The terms and conditions of sale set out below shall apply to all agreements for the supply of goods and services made by the company to the customer and from the date off this agreement shall supersede all previous oral or written proposals, negotiations, representations, commitments, agreements and all other communications between the company and the customer relating to the supply of goods and services.
1.2 No servant or employee or agent of the company has or is deemed to have any authority to make any representation, warranty or agreement contrary to these terms and conditions of sale.
1.3 These terms and conditions of sale shall not be deemed or construed to be modified in whole or in part, except by written amendment signed by the Customer and a director of the company.
1.4 Nothing in these terms and conditions shall in any way limit the rights of the customer under the Consumer Guarantees Act 1993, or any other act, except to the extent permitted by those acts.
2 ACCEPTANCE
2.1 Acceptance of delivery of any goods or supply of any Service will be deemed to be acceptance by the customer of these terms and conditions, not withstanding anything that may be stated to the contrary in the Customer’s inquiries or on the Customers orders.
3 PRICE
3.1 All prices are exclusive of freight, GST costs, insurance charges and installation and maintenance costs. Prices may change to those shown at any time.
4 PAYMENT
4.1 Payment must be made in full, in cleared funds without setoff or deduction of any kind.
5 DELIVERY
5.1 Any date given for delivery is stated in good faith but shall not be treated as a condition of sale, and no claim of any nature shall be made by the customer on account of late delivery, howsoever caused.
5.2 Late delivery shall not constitute a breach of this agreement by the company and the customer shall not be entitled to cancel this agreement because of late delivery.
6 RISK
6.1 The risk in the goods shall pass to the customer immediately as the customer takes possession of the goods from the company. Where the goods are to be delivered to the customer, the risk of the goods shall pass to the customer
7 COSTS
7.1 The customer shall indemnify the company and pay on demand all costs incurred by the company and pay on demand all costs incurred by the company (including all costs on a solicitor- client basis and debt collectors) incurred in registration of a financing statement or a financing change statement, protection or maintenance of its security Interest, or the recovery or attempted recovery of outstanding moneys and the enforcement of the terms and conditions or the security interest contained in this agreement.
8 RETURNED GOODS
8.1 Except as may be required by the law, no returned goods shall be accepted by the company unless such goods are returned within 14 days and in the same condition they were in when delivered to the customer, and unless accompanied by the company invoice or packing slip provided to the customer. A restock fee of 15% will apply.
8.2 Goods specifically procured for the customer at the customers request, shall not be returned.
8.3 Any freight or transportation charges shall not be refunded to the customer.
9 WARRANTIES
9.1 The company gives no warranty on any product or service performed beyond that offered by the manufacturer or supplier and any conditions and warranties expressed or implied by any statute, common law or otherwise, are hereby excluded to the extent permitted by such statutes.
9.2 Except as provided by any statute, goods returned under warranty (if any) must be returned free into company’s store, all transportation charges, insurance, taxes, duties and charges being borne by the customer.
9.3 Rebuilt Turbochargers are sold with a 6 month warranty. Note Lodge Auto Centre does not warranty lubrication or installation faults. Warranty is only valid when fitted by a registered mechanical repair company with a corresponding invoice. Modified vehicles are excluded from any warranty.
10 REMEDIES AND LIABILITY FOR INDIRECT LOSS
10.1 The company’s liability in any case of defect or fault shall be limited to the purchase price of goods in respect of which such liability arises, and the company shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage (including loss of profit) whatsoever and howsoever arising.
10.2 Should the company be prevented or delayed from carrying out its obligations as a result of any cause whatsoever beyond its control, it shall be relieved of all obligation and liabilities incurred under this agreement insofar and so long as the performance of the company’s obligations is impeded, prevented or delayed.
11 CONSUMER GUARANTEES ACT
11.1 Where this agreement would otherwise be subject to the provisions of the consumers guarantee act 1993 and where any supply pursuant to this agreement is a supply for business trade purposes, the customer agrees that the goods are supplied to the customer for business and/or trade purposes in terms of sections 2 and 43 of the consumer guarantee act 1993 and the provisions of the consumer guarantee act 1993 will not apply as between the company and the customer.
11.2 Where any of the goods are subject to any express warranty given by the company to remedy any defect by repairing or replacing the goods with goods of identical type then the ultimate consumer shall not be able to exercise its remedies set out in the consumer guarantee act 1993 without first giving the company a reasonable opportunity to remedy the defect by repair or replacement in accordance with its express warranty.
12 PROPER LAW
12.1 Where this agreement and these terms and conditions shall be governed by the laws of New Zealand and the New Zealand courts shall have sole jurisdiction to adjudicate in respect of any dispute arising from this agreement.
13 PRIVACY ACT 1993
13.1 The customer agrees that the manufacturer or distributors may wish to provide you with information about products and services, latest offers and promotional materials which we think you may be interested in. However, as we respect your right to privacy, please advise us if you do NOT wish to receive such information.
14 DEFINITIONS
“Goods” means all parts, accessories and other personal property supplied by the company to the customer and includes all proceeds of these goods. “Services” means any services provided or to be provided to the customer from time to time.
