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Terms of Service
for Supply of Auto Parts by SPAREKOREA.NZ

Updated 9 October 2024

 

1. Parties

1.1. The Supplier: SPAREKOREA NEW ZEALAND LIMITED (NZBN: 9429051850111) trading as SPAREKOREA NEW ZEALAND and operating SPAREKOREA.NZ website.

1.2. The Customer: Any individual, company, or entity that interacts with this website and/or the Supplier.

 

2. Acceptance of Terms of Service

2.1. By communicating any message or request to the Supplier, and/or by paying an invoice from the Supplier, the Customer is deemed to have acknowledged and agreed to these Terms of Service without reservations.

2.2. This agreement becomes effective upon the initiation of any such communication with the Supplier.

 

3. Product Description

3.1. All parts supplied by the Supplier are new, unless explicitly stated otherwise.

 

4. Order Confirmation and Payment

4.1. Once an order is confirmed by the Customer, it is deemed final.

4.2. Full payment must be made within 3 days of the quotation date. If the item becomes out of stock at any time before the order is processed for shipment, any payments made will be refunded back to the Customer.

4.3. The order is automatically cancelled if no payment has been received within the stated time.

4.4 Orders processed for shipment cannot be cancelled and will be delivered as requested. Exceptions may apply on a case-by-case basis and only at the sole discretion of the Supplier.

 

5. Processing, Shipping, and Delivery

5.1. Processing Time:

  • Orders are typically processed and shipped within 3 working days after payment confirmation.

  • For international orders, processing may take 4 to 6 working days from the date of order placement.

5.2. Shipping:

  • The preferred shipping service provider is DHL for international shipping.

  • Shipping times may vary depending on the destination.

  • International deliveries may take an additional 1-3 working days to arrive in your country after dispatch.

  • Delivery times can be affected by factors beyond our control, such as customs processing.

  • In some cases, delivery may take longer than the estimated timeframe.

5.4. International Shipping Notice:

  • Any brokerage fees, taxes, and duties imposed by customs in destination countries are not included in the order total.

  • These pr any other additional charges are the sole responsibility of The Customer.

  • Charges vary widely and cannot be accurately calculated by SPAREKOREA.NZ.

5.5. Shipping Costs:

  • Shipping, freight, and packaging costs are non-refundable.

5.6. Risk Transfer:

  • Products are shipped at the risk of the Customer, i.e. the risk transfers to The Customer from the moment the item is collected by the designated courier.

  • The Supplier is not responsible for delays, loss, or damage during transit.

5.7. Pick-up Location:

  • Ordered parts can be collected from 126E Wairau Road, Wairau Valley, Auckland 0627 unless shipped directly to the Customer's nominated address.

 

6. Return Policy

6.1. Incorrectly Supplied Parts: Returns accepted if claimed within 10 working days from receipt date as confirmed by the courier.

6.2. Faulty Parts: Returns accepted if claimed within 10 working days from receipt.

6.3. Change of Mind: While the Supplier is not legally obligated to accept returns or provide refunds if the Customer changes their mind, we are committed to customer satisfaction. Therefore, at its sole discretion, the Supplier may engage with the Customer to find a mutually beneficial resolution. However, this is not guaranteed and is subject to individual circumstances.

 

7. Part Installation Requirement

7.1. Parts supplied by the Supplier must be installed exclusively by an adequately qualified, competent, and certified person. This ensures that the installation meets the necessary standards of quality and safety.

7.2. Failure to comply with this requirement will result in the invalidation of any and all guarantees and/or warranties provided by the Supplier for the parts in question.

7.3. The Customer is responsible for ensuring that the individual or entity performing the installation meets the criteria of being adequately qualified, competent, and certified. The Supplier reserves the right to request proof of such qualifications in the event of a warranty or guarantee claim.

 

8. Warranty

8.1. 60-day replacement or money-back warranty for parts proven to be faulty, subject to terms and exclusions in our Warranty Policy.

8.2. Electrical and electronic parts are excluded from warranty due to difficulty in determining failures or defects.

 

9. Labour Costs

9.1. The Supplier is not responsible for any labour costs unless agreed upon in writing prior to the service.

 

10. Consumer Protection

10.1. Transactions are covered by the Consumer Guarantees Act 2003 (CGA), with exceptions for trade customers as outlined in Section 11.

10.2. If the goods [or services] supplied do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.

10.3. These guarantees are in addition to any warranty offered by a manufacturer and you may have rights against the manufacturer directly.

10.4. he CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

 

11. Trade Customers

If the Customer is in trade, the parties agree that:

11.1. Consumer Guarantees Act 1993 Not Applicable: The provisions of the Consumer Guarantees Act 1993 will not apply to this agreement.

11.2. Written Agreement in Trade: This agreement is in writing and the goods or services provided under this agreement are supplied and acquired in the course of trade.

11.3. Mutual Consent to Contract Out: Both parties, being in trade, have mutually agreed to contract out of the provisions of the Consumer Guarantees Act 1993.

11.4. Fairness and Reasonableness: The parties acknowledge that it is fair and reasonable to contract out of the Consumer Guarantees Act 1993 in this context. This acknowledgment is based on the nature of the agreement, the value of the goods or services, the relative bargaining power of the parties, and the opportunity each party had to seek independent legal advice.

 

12. Quote Validity

12.1. Quotes are valid for 3 days, subject to part availability and price changes.

 

13. Dispute Resolution

13.1. Parties agree to seek resolution through mediation prior to legal action.

 

14. Governing Law

14.1. These Terms of Service are governed by New Zealand law.

 

15. Force Majeure

15.1. The Supplier shall not be liable for failures due to Acts of God (including natural disasters), civil unrest, or other causes beyond its control.

 

16. Severability

16.1. If any part of these Terms is found invalid, the remainder will continue to be in force.

 

17. Amendment

17.1. These Terms of Service can be amended by the Supplier at its own absolute discretion without notice.

 

18. Limitation and Exclusion of Liability

18.1. The Parties agree that the Supplier’s liability to the Customer for any and all claims is conditional upon such a claim being formally established.

18.2. Limitation on Total Liability:

a) If the Supplier’s liability is established, the aggregate liability of the Supplier for any and all claims shall be capped at the price paid by the Customer for the goods.

b) The Supplier shall not be liable for:

i.  Any loss related to goods and services provided prior to quotation and/or order.

ii.  Losses where The Supplier’s breach is not the sole and direct cause.

iii  Losses where the Supplier’s breach is fundamental, wilful or deliberate.

iv.  Indirect, special, or consequential losses, including but not limited to loss of profit, production, contracts, use, business, or business opportunities.

 

19. Privacy Policy

19.1. The Supplier is committed to protecting the privacy and security of The Customer’s personal information. All personal data collected will be handled in strict accordance with the provisions of the Privacy Act 2020.

19.2. Personal information collected from The Customer will be used solely for the purpose of fulfilling The Supplier’s obligations under these Terms of Service. This includes, but is not limited to, processing orders, delivering services, and providing customer support.

19.3. The Supplier will take all reasonable steps to ensure that The Customer’s personal information is stored securely and is not disclosed to any unauthorized parties.

19.4. The Customer has the right to access and correct their personal data held by The Supplier, in accordance with the Privacy Act 2020.

19.5. The Supplier reserves the right to update this privacy policy as necessary to reflect changes in legal obligations or operational practices. Customers will be notified of significant changes through appropriate channels.

© 2024 - 2045 by SPAREKOREA NEW ZEALAND. All rights reserved.

Operated by SpareKorea New Zealand Limited (NZBN: 9429051850111).

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