Terms and Conditions
WARRANTY
Conditions relating to new or remanufactured goods
- No representation, condition, warranty or promise other than those required by law apply to each and every sale of new or remanufactured goods. Goods are warranted free from defective material and workmanship provided that the goods or engine are unmodified in anyway, warranty of any part is subject to normal use and subject to standard Manufacturers specifications and will be void if not fully installed and operational by a qualified fitter. Drew’s Automotive Parts and Accessories Ltd may require written evidence from the fitter, and it is Drew’s Automotive Parts and Accessories Ltd sole discretion before acting on any warranty claim.
- At no time will the warranty be extended beyond that of the manufacturer’s warranty period. The warranty is limited to repairing or replacing any defective parts returned to Drew’s Automotive Parts and Accessories in accordance with the procedure set out in these terms and conditions provided that Drew’s Automotive Parts and Accessories is satisfied that there are defects involved in the manufacture of the product. Warranty covers only replacement or repair of the parts and not the cost involved for removal or reinstallation of the parts. Drew’s Automotive Parts and Accessories liability will not exceed the original purchase price of the goods. No warranty will apply if part fails due to user abuse, Lack of maintenance/adjustment or has been used for race or competition purposes or engines that have been modified from Manufacturers specifications.
Conditions relating to Remanufactured or used goods
No warranty applies to the sale of used or rebuilt goods.
2.0 Product Liability
2.1 The Buyer acknowledges that Drew’s Automotive Parts and Accessories is a reseller of parts and not a manufacturer and has no liability for any loss, damage or injury directly or indirectly related to any product supplied by Drew’s Automotive Parts and Accessories Ltd.
3.0 Payment
3.1 Payment in full is required prior to dispatch of any goods.
3.3 Drew’s Automotive Parts and Accessories will not accept any liability for the use of stolen credit cards or credit card numbers.
4.0 Delivery
4.1 Where delivery has been agreed to by Drew’s Automotive Parts and Accessories, all consignments will be made by carrier of Drew’s Automotive Parts and Accessories choosing or at our discretion and is always at the Buyer’s cost. Drew’s Automotive Parts and Accessories Ltd will not be liable for any loss suffered by the Buyer due to failure of, or delays in the delivery.
4.2 Drew’s Automotive Parts and Accessories Ltd reserves the right to withhold delivery until payment has been verified.
5.0 Shortages
5.1 Details of goods not received must be sent in writing to Drew’s Automotive Parts and Accessories Ltd within two working days of delivery together with a copy of the original invoice, listing these goods. No deduction for these goods shell be made without authorization from Drew’s Automotive Parts and Accessories Ltd.
6.0 Risk
6.1 The risk in the goods shell pass to the Buyer immediately upon the Buyer or Buyers agent taking possession of the goods uplifted by a courier or any other delivery agent shell constitute the Buyer taking possession. Buyers are advised to insure goods in transit.
7.0 Returns
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 7 days of receipt of the consignment and always quoting the delivery document number and date.
7.2 Returned goods will not be accepted after 14 days from date of delivery. No returned goods will be accepted where they have been fitted or used or are in a soiled condition (including packaging) Drew’s Automotive Parts and Accessories Ltd 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 are at the discretion of Drew’s Automotive Parts and Accessories Ltd.
8.0 Trading Accounts
8.1 Where a Buyer requests a facility of a monthly trading account they acknowledge that the decision to open a trading account is solely the discretion of Drew’s Automotive Parts and Accessories Ltd and maybe declined without explanation. The Applicant further agrees that the account requested, is not and will not become a consumer credit contract as defined in section 11 of the Credit Contracts and Consumer Finance Act 2003.
8.2 The Applicant must meet and continue to meet all of Drew’s Automotive Parts and Accessories trading account criteria and trade only credit limit assigned to them.
8.3 The Applicant is to notify Drew’s Automotive Parts and Accessories immediately of any change of business details and in the case of change of ownership/directors. A new account application will be required.
8.4 Payment for goods is due in full on or before the 20th day of the month following the date of the invoice or the account will be placed on stop credit until payment is made in full.
8.5 All overdue accounts will be frozen or closed and a service charge of 5% per month will be added to these accounts.
8.6 All collection costs incurred on unpaid accounts will be borne by the Buyer.
8.7 Drew’s Automotive Parts and Accessories Ltd may offer a credit card account as an alternative to a trading account where purchases will be charged to a credit card number as supplied and authority given to retain and debit such number either on a purchase by purchase basis or arranged by Drew’s Automotive Parts and Accessories Ltd.
9.0 Ownership of goods
Until payment has been made of all sums due to owing by the Buyer to Drew’s Automotive Parts and Accessories Ltd, the following shell apply:
9.1 Ownership of the goods and materials shell not pass from Drew’s Automotive Parts and Accessories Ltd to the Buyer notwithstanding the appropriation of the goods to the contract pursuant to which the invoice is issued or the delivery of the goods to, or as directed by the Buyer.
9.2 The goods and material are supplied to and to be dealt with by the Buyer only as a fiduciary agent and/or Bailee of Drew’s Automotive Parts and Accessories Ltd.
9.3 The Buyer shell keep the goods and materials separate and readily identifiable while the goods and the materials are in the possession or control of the Buyer. The Buyer hereby irrevocably authorizes Drew’s Automotive Parts and Accessories Ltd immediately upon default by the Buyer in either making payment or of any other term or these conditions of sale, or on the appointment of Statutory Manager to, receivership, Liquidation, or Bankruptcy of, or making of a scheme of arrangement by the Buyer, without the necessity of giving of notice, to enter on and into any property or premises owned or occupied by the customer, to search for and remove all or any of the goods and materials and to sell or otherwise dispose of the goods and materials removed and credit the sale proceeds towards the amount owed. If all or any of the goods and materials are wholly or partially attached to, intermingled with, or incorporated in any other goods then Drew’s Automotive Parts and Accessories Ltd may in its sole disconnect, retrieve or sever the goods and materials in order to remove them. Drew’s Automotive Parts and Accessories Ltd shell not be liable for any loss or damage caused to the customer in exercising its rights under the clause and the customer herby indemnifies and shell keep indemnified Drew’s Automotive Parts and Accessories Ltd from any claims for losses or damages that may be against Drew’s Automotive Parts and Accessories Ltd as a result or the exercise by Drew’s Automotive Parts and Accessories Ltd or its rights, pursuant to this clause.
10.0 Internet and Catalogue Purchases
10.1 Prices displayed on any internet website or in any catalogue are subject to change at any time.
10.2 In addition to the price quoted Drew’s Automotive Parts and Accessories Ltd will charge the Buyer freight/delivery or the goods ordered.
10.3 Drew’s Automotive Parts and Accessories Ltd will not accept any liability for the use of stolen or misappropriated credit cards or credit card numbers.
10.4 Drew’s Automotive Parts and Accessories Ltd will not be required to validate the authority of anyone claiming to be authorized to make use of that account or credit card and Drew’s Automotive Parts and Accessories Ltd will not be liable for any charge back resulting from authorized or unauthorized use of any credit card.
10.6 All goods in stock from orders received via the internet will be dispatched the next available working day to a business or residential address.
10.7 At Drew’s Automotive Parts and Accessories Ltd discretion an account holder may be issued with a PIN code/password to select and charge goods online to their trading account. Normal operating conditions of this trading account including observation of credit limit prevail.
10.8The Buyer will be liable for every order made under its PIN code and agrees to indemnify Drew’s Automotive Parts and Accessories Ltd for all claims or damages.
10.9 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.
11.0 Security Interest
11.1 The Buyer grants a security interest to Drew’s Automotive Parts and Accessories Ltd 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 Drew’s Automotive Parts and Accessories Ltd from time to time, and for performance by the Buyer of all the Buyers other obligations to Drew’s Automotive Parts and Accessories Ltd from time to time (Buyers indebtedness and obligations).
11.2 For the purposes of section 36(1) (b) (iii) of the PPSA, the Buyer agrees that the Buyer grants to Drew’s Automotive Parts and Accessories Ltd, 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. Drew’s Automotive Parts and Accessories Ltd may allocate amounts received from the Buyer in any manner it determines, including in any manner required to preserve any PMSI it has in any goods.
11.3 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 (a), 133 and 134 of the PPSA shell 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.
12.0 Privacy Act
12.1 Information collected from the Buyer will be used for the account opening process. If the information is not supplied or is insufficient then the Buyer’s application for Account facilities including internet ordering may not be processed.
12.2 All information collected is for Drew’s Automotive Parts and Accessories use only and information will not be sold but will be retained and used by Drew’s Automotive Parts and Accessories Ltd for but not limited to: marketing Drew’s Automotive Parts and Accessories products and services , sending the Buyer any advertising and/or promotional material
13.0 Alterations to the Terms and Conditions
13.1 Drew’s Automotive Parts and Accessories Ltd 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 Drew’s Automotive Parts and Accessories Ltd website is notice to all Buyers of the changes contained therein.
14.0 Exclusion
14.1 No liability will lie unless all the aforementioned conditions have been complied with.
15.0 Disputes
15.1 All disputes in relation to any dealings between Drew’s Automotive Parts and Accessories Ltd and the Buyer must at first instance be dealt with by mediation or arbitration at the discretion of Drew’s Automotive Parts and Accessories Ltd.