Philspeed Terms and Conditions of Sale
These Terms and Conditions are the only terms and conditions that apply to every sale, between Philspeed (“philspeed.co.nz”) and all customers (“the Buyer”). Whatever other representations may have been made by Philspeed, the Buyer agrees that; there are no variations to these terms and no other agreement between the Buyer and Philspeed.
CONSUMER GUARANTEES ACT 1993 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Buyer acquires goods from Philspeed for the purposes of a business in terms of Section 2 and 43 of that Act.
Conditions relating to new goods:
1.1 No representation, condition, warranty or promise (expressed or implied) other than those required by law apply to each and every sale of new goods. Goods are warranted free from defective workmanship and material provided that the goods or engine are unmodified in anyway. Warranty of any part is subject to normal use and only for the purpose of repairing or rebuilding a motor vehicle to Manufacturers standard specifications and is void if not installed by a qualified fitter. Where a qualified fitter continues with a partially completed job neither the fitter nor Philspeed are liable for the condition of parts or work commenced prior to the fitter continuing with the job. Philspeed may require written evidence from the fitter, and it is Philspeed sole discretion before acting on any warranty claim.
1.2 At no time will a warranty be extended beyond that of the manufacturers warranty period or conditions. The warranty is limited to replacing or repairing any defective goods returned to Philspeed in accordance with the procedure set out in these terms and conditions provided that Philspeed is satisfied that the defects were defects in manufacture. Warranty covers only replacement or repair of the product itself and not the cost of removal or reinstallation. Philspeed shall not be liable for any financial losses or damage sustained by the Buyer, including but not limited to, repair, inspection or replacement costs, any charges for hire or purchase of replacement equipment/goods, labour, towage or storage charges, Philspeed liability will not exceed the purchase price of the goods.
NO WARRANTY APPLIES IF PARTS FAIL BECAUSE OF USER ABUSE, LACK OF MAINTENANCE or HAVE BEEN USED FOR RACE or COMPETITION PURPOSES, OFF ROADING, MARINE USE, or USED WITH ALTERNATIVE FUELS or ENGINES THAT HAVE BEEN MODIFIED IN ANYWAY.
2.0 Product Liability
2.1 The Buyer acknowledges that Philspeed is a reseller of parts not a manufacturer and Philspeed has no liability for any loss, injury or damage directly or indirectly related to any product supplied by Philspeed.
3.1 Payment in full is required prior to the dispatch of goods.
3.2 Where a Buyer makes a purchase or payment using a credit card, the credit card numbers and provided direct to the Philspeed merchant ‘Kiwibank’. No credit card details are held by Philspeed.
3.3 Philspeed will not accept any liability for the use of stolen or misappropriated credit cards or credit card numbers. Charge backs resulting from authorized or unauthorized use of any credit card will not be accepted and will be treated as non payment with legal action being taken.
4.1 Goods will not be consigned to courier depots. Uplift by the Buyer or the Buyer’s agent constitutes delivery to the Buyer.
Delivery is at the Buyer’s risk and expense in all cases.
4.2 All consignments will be made by carrier of Philspeed choosing or at Philspeed discretion and always at the Buyer’s cost. Philspeed will not be liable for any loss suffered by the Buyer due to failure of, or delays in delivery.
4.3 Philspeed reserves the right to withhold delivery until payment has been verified.
5.1 Details of goods not received must be sent in writing to Philspeed within two working days of delivery together with a copy of the original invoice, listing these goods. No deduction for these goods shall be made without authorization from Philspeed.
6.1 The risk in the goods shall pass to the Buyer immediately upon the Buyer or the Buyers’ agent, taking possession of the goods. Uplift by a courier or other delivery agent shall constitute the Buyer taking possession. Buyers are advised to insure goods in transit.
7.1 Goods (including packaging) must be returned in a saleable condition and with a copy of the invoice. Freight charges are not refundable. Claims for incorrect goods must be lodged within 48 hours of receipt of the consignment always quoting the invoice document number and date. No deduction or set off may be made for returned goods without the written authorization of Philspeed.
7.2 Returned goods will not be accepted after 14 days from date of delivery. A handling charge on returned goods of 10% of the purchase price will be charged. No returned goods will be accepted where they have been fitted or used or are in a soiled condition (including packaging). Philspeed has no liability for goods that have been incorrectly ordered. THE BUYER IS RESPONSIBLE TO ENSURE THAT THE GOODS ARE CORRECT AND SUITABLE PRIOR TO FITTING.
7.3 Refunds will be credited against your original method of payment, eg to the credit card you used to make the purchase.
8.0 Internet purchases
The Terms and Conditions apply to all Internet purchases with the following additions:
8.1 Prices displayed on any internet website or in any catalogue are subject to change at any time.
8.2 In addition to the price quoted Philspeed will charge the Buyer freight/delivery of the product(s) ordered. A separate invoice for this charge may be provided.
8.3 Philspeed may substitute a product for an equivalent product if the initial product ordered by the Buyer is unavailable. There maybe an adjustment to the price of products after an order is made. The Buyer acknowledges this and consents to any such substitution or adjustment. Philspeed will make reasonable efforts to notify the Buyer of any such substitution or adjustment as soon as is practicable.
8.4 Philspeed will not accept any liability for the use of stolen or misappropriated credit cards or credit card numbers.
8.5 Philspeed will not be required to validate the authority of anyone claiming to be authorized make use of that account or credit card and Philspeed will not be liable for any charge back resulting from authorized or unauthorized use of any credit card.
8.6 All goods in stock from orders received via the Internet will be dispatched the next available working day to a business or residential address. No orders will be sent for collection from courier depots.
8.7 All prices of products are displayed in New Zealand Dollars. Internet prices include GST but, account holders who have been issued a PIN code, prices will exclude GST unless otherwise stated.
9.0 Security Interest
9.1 The Buyer grants a security interest to Philspeed in each and every part of the goods as security for payment for the goods and for any other amounts owing by the Buyer to Philspeed from time to time, and for performance by the Buyer of all the Buyer’s other obligations to Philspeed from time to time (“Buyers indebtedness and obligations”).
9.2 For the purposes of section 36(1) (b) of the Personal Property Securities Act (“PPSA”), and to ensure maximum benefit and protection for Philspeed by virtue of section 36(1) (b) (iii) of the PPSA, the Buyer agrees that the Buyer grants to Philspeed, as security for the Buyer’s indebtedness and obligations a purchase moneys security interest (“PMSI”) in relation to all of the goods that have been purchased by the Buyer. Philspeed may allocate amounts received from the Buyer in any manner it determines, including in any manner required topreserve any PMSI it has in any goods.
9.3 The Buyer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the security interest under the contract. The Buyer agrees that nothing in sections 107 (in its entirety), 114(1)(a), 133 and 134 of the PPSA shall apply to this Contract, or the security under this contract, and waives the Buyer’s rights under sections 107,121, 125, 129, 131, and 132 of the PPSA.
10.1 Information collected from the Buyer will be used for the account opening process. If the information requested is not supplied or is insufficient then the Buyer’s application for Account facilities including Internet Ordering may not be processed.
11.0 Alterations to the Terms and Conditions
11.1 Philspeed reserves the right to; amend or replace entirely these terms and conditions, without notice, at any time. Posting the new or amended terms and conditions on the Philspeed internet website is notice to all Buyer’s of the changes contained therein.
12.1 No liability will lie unless all the aforementioned conditions have been complied with.
13.1 All disputes in relation to any dealings between Philspeed and the Buyer must at first instance be dealt with by mediation or arbitration at the discretion of Philspeed.