Terms of service

CONDITIONS OF SALE AND PROVISION OF SERVICES

(Online – Effective immediately)

1. DEFINITIONS

·       "CGA" means the Consumer Guarantees Act 1993 (NZ)

·       "FTA" means the Fair Trading Act 1986 (NZ)

·       "Consumer" has the meaning in the CGA. The Purchaser is a consumer if goods or services are bought for personal, domestic or household use, in which case statutory rights apply.

·       "Contract" means any agreement for goods or services by Discount Tyres NZ (“Supplier”) to the Purchaser.

·       "Determined Interest Rate" means 2% above the Reserve Bank of NZ’s cash rate, applied to overdue amounts.

·       "Goods", "Services", "Order", "Purchaser", "Supplier" retain their meaning as in the original text, adjusted for NZ context.

 

2. BASIS OF AGREEMENT

·       These conditions apply exclusively unless agreed otherwise in writing.

·       The Contract forms when the Supplier confirms an order electronically or delivers goods/services.

·       The Supplier may decline any order without liability.

·       The Supplier may amend these conditions with written notice; amendments apply to future orders.

 

3. PRICING AND PAYMENT

·       Prices include Goods and Services Tax (GST) unless stated otherwise.

·       Requesting variations may increase price.

·       Cost changes may lead to adjusted pricing with notice.

·       A tax invoice is issued for all accepted orders.

·       You must pay for goods/services even if you lodge a claim relating to another order.

 

4. LIABILITY

·       Aside from express warranties, no implied warranties apply unless required by law.

·       CGA rights for Consumers are unaffected. You retain remedies under statutory guarantees.

·       If you re-supply goods to a consumer, maximum liability aligns with CGA sections 9 and 17.

·       If not covered by CGA, Supplier’s liability is limited to remedies stated in writing.

·       Supplier excludes liability for indirect or consequential loss, except as provided under CGA or other legally enforceable terms.

·       Unless express reliance is made, Supplier disclaims any advice or warranty about suitability.

·       Nothing excludes or limits obligations under CGA or FTA.

 

5. PASSING OF PROPERTY

·       Title remains with Supplier until full payment is received. Purchaser holds goods as fiduciary bailee.

·       Goods must be kept separate, with Supplier’s labelling. Proceeds from sale held in trust.

·       Supplier may repossess goods without notice; Purchaser indemnifies Supplier for any costs or claims.

 

6. RISK AND INSURANCE

·       Risk passes on delivery or collection.

·       Purchaser assumes risk of loss, damage or injury, except under CGA where Supplier cannot contract out.

 

7. PERFORMANCE OF AGREEMENT

·       Delivery or service times are estimates only.

·       Supplier uses reasonable efforts to meet estimates but is not liable for delays.

·       If delays occur, Supplier will complete within a reasonable time.

 

8. DELIVERY

·       Delivery arranged by Supplier unless otherwise agreed. Purchaser bears delivery costs.

·       Partial deliveries are permitted and will be invoiced accordingly.

·       Failed delivery attempts result in deemed delivery and storage charges.

·       If picking up, Purchaser must collect within 7 days of readiness, else deemed delivered and liable for storage.

 

9. CANCELLATION

·       Supplier may cancel orders if unable to fulfil, by written notice.

·       Purchaser cannot cancel once order accepted.

·       Refund claims should go through the relevant Discount Tyres store or service location.

 

10. SHORTAGES AND RETURNS

·       Notify Supplier of shortages, damage or non-compliance within 10 days of delivery or goods deemed accepted.

·       If accepted, Supplier may replace goods or refund.

·       Returns not accepted for customised, discontinued, used or non-original condition goods.

 

11. CONSUMER GUARANTEES AND FAIR TRADING

·       Under CGA, goods and services must meet guarantees of acceptable quality, fitness for purpose, description, care and skill, reasonable time and price.

·       Under FTA, Supplier must not engage in misleading or deceptive conduct, false representations, or unfair practices.

·       Certain terms (e.g. “no refunds”) are unenforceable if they attempt to contract out of statutory rights.

 

12. MISCELLANEOUS

·       These conditions governed by NZ law.

·       If Supplier offers credit, additional terms apply.

·       If any provision is unenforceable, it is severed or adjusted without invalidating the remainder.

·       Supplier’s failure to enforce rights does not waive them.

·       Purchaser must notify within 7 days of company directorship or share changes.

·       Purchaser must notify any event affecting ability to pay.

·       Purchaser consents to electronic delivery of invoices, statements, marketing under the Unsolicited Electronic Messages Act 2007 and Privacy Act 2020 compliance.