Terms of Trade

Terms of Trade for Trade Tyres

Welcome to Trade Tyres. Trade Tyres is operated by Waimauku Motors Limited trading as Waimauku Automotive (company no 7781016) (“we”, “us”, “our”).

These Terms of Trade (“Terms”) govern your use of our website and the purchase of our products. By accessing and using our website or placing an order, you agree to these Terms.

1.                      General Terms

1.1.               By purchasing from us you confirm you have carefully read and understood these Terms.

2.                      Pricing and Availability

2.1.               All prices are listed in New Zealand dollars and are inclusive of GST unless otherwise stated.

2.2.               Prices and availability of products are subject to change without notice.

2.3.               We reserve the right to correct any product or pricing errors due to technical and other issues.

3.                      Order Acceptance and Cancellation

3.1.               We may, at our sole discretion, refuse to accept an order, limit an order, or cancel an order or part of any order for any reason, including unavailability of products. We will use reasonable endeavours to notify you if this happens (and refund any amounts paid). We will not be liable to you or to anyone else if we are unable or decline to supply our products to you for any reason.

3.2.               In the event of an incorrect product or price due to a technical error or another issue, we reserve the right to cancel any orders placed at the wrong price, with a full refund and notice to you.

3.3.               To order products, you must submit an order through the site. This constitutes an offer to buy our products at the specified prices (including delivery and other charges and taxes if applicable). Acceptance of your order will only occur when the goods are dispatched to you.

3.4.               We may request further information to process your order, or require you to provide current and accurate details before dispatching the order.

4.                      Payment Terms

4.1.               Payments must be made immediately online through our accepted payment methods which may include Visa, Visa Debit, MasterCard, AMEX, direct deposit via DPS Account2Account.

4.2.               If a credit card payment fails, we may cancel or withhold your order. By choosing credit card payment, you authorise us to charge your card. You agree you will not use any fraudulent payment methods.

5.                      Product Descriptions

5.1.               We do our best to provide accurate descriptions of products but do not warrant that the descriptions are error-free.

5.2.               No implied representations, conditions, warranties, or premises apply to the goods except where supplied pursuant to the Consumer Guarantees Act 1993.

6.                      Shipping, Delivery and Title

6.1.               Delivery times are estimates only and cannot be guaranteed. The time for delivery is not an essential term of our agreement.

6.2.               Title in the goods and risk of loss passes to you upon delivery of the goods to the you. Delivery shall be completed when the goods are delivered to the address you provided.

6.3.               Delivery shall be at your cost unless specified otherwise.

7.                      Returns and Refunds

7.1.               You should inspect any delivered products for damage. You shall be deemed to have accepted the products unless you notify us within 5 days of delivery of the goods.

7.2.               Refunds for return of undamaged goods are subject to our review and are issued at our sole discretion. Any refunds may be subject to a restocking fee and delivery charges will not be refunded.

8.                      Installation

8.1.               We are a supplier of products only. We do not provide installation services or any other type of service through our online shop.

8.2.               If you arrange installation of any of our products then such installation services will be provided by and subject to the terms and conditions of your chosen installer. We have no liability and take no responsibility for installation of our products.

9.                       Limitation of Liability

9.1.              To the extent permitted under law, we shall not be liable for any loss or damage of any kind whatsoever, whether suffered or incurred by you or another person, whether such loss or damage arises directly or indirectly from the supply of goods to you, including consequential loss, and whether in contract or tort (including negligence) or otherwise.

9.2.               The guarantees contained in the Consumer Guarantees Act 1993 (“CGA”) are excluded where we provide goods for the purposes of a business.

9.3.               The CGA, the Fair-Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified.  In respect of any such implied warranties, conditions, or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute and 30% of the fees paid under the invoice for the goods.

9.4.          We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where the delay or failure is a result (directly or indirectly) of causes beyond our control (including any failure by any of our suppliers to supply on time).

10.                  Changes to These Terms

10.1.          These Terms may be updated by us from time to time. You should read these Terms whenever you make a new order. Your continued use of the site after any changes constitutes acceptance of the new Terms.

11.                  Privacy

11.1.          We value your privacy and handle your personal information in compliance with the Privacy Act 2020. You authorise us to collect, retain, and use, your information for the purposes of administration and supply of the products to you as well as for enforcement of any of our rights.

11.2.          You agree that we may disclose information we hold about you for the purposes of performing our obligations to you and also for debt collection agencies, as necessary to recover any amount you owe us.

12.                 Website

12.1.          You agree to not interfere with our website and will not interfere or us any material or content displayed on our website.

13.                 General

13.1.          Trade Tyres operates under the jurisdiction of New Zealand law which applies to these Terms. The parties submit to the exclusive jurisdiction of the New Zealand Courts.

13.2.          These Terms are binding on your legal representatives and successors.

13.3.          If any provision of these Terms is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected.

13.4.          Failure by us to enforce any rights shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.