Terms of Business

Overview

This website and associated business is operated by European Autospares Limited. Throughout the site, the terms “we”, “us” and “our” refer to European Autospares Limited. We offer this website and products, including all information, tools and services available from this site and from our business premises to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or our business premises and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and all customers, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or making a purchase from our website or business premises. By accessing or using any part of the site or making a purchase, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or purchases following the posting of any changes constitutes acceptance of those changes.

We may host an online store on a third party site that provides us with an e-commerce platform that allows us to sell our products and services to you.

SECTION 1

STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years the age and agree that you have entered into a legal contract with us in relation to these terms.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are in New Zealand dollars (NZD) and prices are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy (refer Section 8).

We have made every effort to display as accurately as possible the colours and images of our products that appear online. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email and delivery addresses and contact number, so that we can complete your transactions and contact you as needed.

SECTION 7

WARRANTY

We continuously strive to be a leader in the auto parts industry. Careful consideration has been given to the methods we employ when purchasing, dismantling, testing and preparing our parts for sale. This enables us to supply you with the highest quality parts. However, as some of the parts we sell are used and recycled, there is a risk that a part may be defective.

Under the Consumer Guarantees Act 1993 (“CGA”), you have guaranteed legal rights for goods and services you buy. If the parts we supply do not meet a guarantee provided under the CGA, we will meet our obligations under the CGA to provide a remedy. These guarantees are in addition to any warranty offered by a manufacturer, for which you may have rights against directly.

If your purchase is for business purposes, as defined in the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those parts.

In addition to any rights under the CGA, we warrant that all parts are functional and fit for purpose for the following periods beginning from the date of sale noted on the sales invoice (not the date the part was fitted), subject to the terms and limitations set out herein.

Used and Recycled Parts 3 Months or 5,000kms*
New Aftermarket Parts 12 Months
New Genuine and OEM Parts 24 Months

* Warranty expires at earlier of the end of 3 months or 5,000kms

We pride ourselves in providing the best possible value for our customers and accordingly we will at times negotiate a reduced warranty in order to provide best value. For example, “Start-Up and Parts Only Warranties” may be available on certain engines and other major mechanical parts where those parts are purchased at reduced prices. Extended warranties may also be purchased for an additional fee.

Where reduced or extended warranty terms have been agreed, these variations will be stated on the sales invoice.

Parts supplied free of charge are never covered by any warranty. This includes, unless otherwise stated on the sales invoice, accessory parts that may be still attached to the purchased item. For example, in the case of an engine, this would include fuel system components, alternator, turbo, starter, clutch, distributor, water pump, fan, thermostat, hoses, cam belt and oil pressure switch, or in the case of a transmission, this would include hoses, pipes, oil, oil seals and filters. The condition of any such accessory part is the sole responsibility of the buyer.

Engines

Unless otherwise stated on the sales invoice, all engines are supplied as a “long block”. The long block is the engine sub-assembly that consists of the assembled block, crankshaft, cylinder head, camshaft and valve train. A long block does not include fuel system, electrical, intake and exhaust components. A long block engine replacement requires swapping out or replacing parts from the original engine to the long block. These parts include the fuel system components, sensors, alternator, turbo, starter, spark plugs, distributor, water pump, fan thermostat, hoses, water pipes, cam belt and oil pressure switch, oil pan, timing cover, valve covers, intake manifold, emission control parts, exhaust manifold, power steering pump, air conditioner compressor, flywheel, flexplate and clutch.

Incorrect fitting, abuse, overheating or modifications not intended by the original manufacturer will void the warranty. The procedures listed in the Engine Installation Procedure Check List supplied with the sales invoice must be followed and the Check List completed at the time of installation. A claim under the warranty must be accompanied with a completed Engine Installation Procedure Check List. Failure to follow any of the procedures in the Engine Installation Procedure Check List will void the warranty.

Transmissions

Unless otherwise stated on the invoice, all used transmissions are supplied without hoses, pipes and oil. All used transmissions are inspected before dispatch. This includes:
• removing the pan, filter and oil;
• inspecting the pan; and
• reattaching the pan with existing gasket.

Where requested and indicated on the invoice, all used transmissions are supplied with new a filter and gasket.

Incorrect fitting, abuse, overheating or modifications not intended by the original manufacturer will void the warranty. The procedures listed in the Transmission Installation Procedure Check List supplied with the sales invoice must be followed and the Check List completed at the time of installation. A claim under the warranty must be accompanied with a completed Transmission Installation Procedure Check List. Failure to follow any of the procedures in the Transmission Installation Procedure Check List will void the warranty.

The warranty will also be voided if:
• the vehicle odometer has been disconnected or the kilometer or mileage reading has been altered;
• the vehicle is used in any form of racing, on or off track or any other type of vehicle competition;
• the vehicle is operated at any time outside of New Zealand;
• where a part has been sold on an “exchange basis”, any failure to return the exchange;
• in the event of any damage due to non-tradesman like or improper installation, negligence, alteration, accident or improper use, including damage or failure caused to engines or transmissions by overheating. To retain the warranty, safety and dependability of the part, it is a requirement that the part is correctly installed in a tradesman like manner by a qualified installer and that the vehicle receives all the scheduled service and maintenance work at the recommended intervals contained in the owners’ manual; or
• the parts have been used in a manner that is inconsistent with the use that a reasonable consumer would expect from the parts and the parts would have complied with the guarantee if they had been used a manner that is consistent with the use that a reasonable consumer would expect from the parts.

The following will not be covered by the warranty:
• any damage caused when any of the following items for transmissions, engine conversions and/or engines have not been replaced with new or reconditioned ones: thermostats, thermostat housings, frost plugs, water pump, radiator and hoses, oil seals, electrical components and cam belt.
• the use of incorrect oil, lubricant and fluid levels as outlined in the handbook or manual. Where reasonable, you may be required to provide evidence that the vehicle manual or handbook recommendations have been followed. It is the customer’s responsibility to replace all oil seals when fitting these parts.
• any damage resulting from overheating, contamination, lack of or incorrect lubricant, inadequate or blocked transmission cooler or lines.
• any damage caused by a turbocharger, supercharger or other such part which is not an approved part or accessory.
• any consequential damage or costs, loss of time, inconvenience, loss of use of the vehicle, towage, or any other economical loss.

Claim Process

In the event a part is found to be defective, the customer should promptly notify us prior to removal or disassembly and supply the following:
• copy of the sales invoice or invoice number;
• copy of the completed Engine or Transmission Installation Procedure Check List (if relevant);
• any quotes from a qualified installer and for replacement parts.

We reserve the right under any warranty claim to remedy the situation in any manner at our discretion. We may choose to supply a replacement part or repair the part, or make a partial or total refund. We must approve any repairs and claim for labour charges before work is started. Any labour charges will be paid at the rate of $60.00 plus GST per hour.

A warranty claim can never exceed the invoice amount for the part.

This warranty does not limit any statutory rights the Buyer may otherwise have.

SECTION 8

RETURNS POLICY

Change of Mind

New parts can be returned within 7 days of the date of invoice if you change your mind. To be eligible for a return, your item must be unused and in the same condition and packaging that you received it. New parts will not be accepted for credit if the packaging has been opened or damaged or the parts have been removed from the packaging.

Used parts can’t be returned for credit if you change your mind. Please ensure you are buying the correct parts and contact us before you buy if you are unsure.

Sales cancelled after the part(s) have been dispatched, will be treated as a request to return the parts.

We require a copy of the sales invoice when returning parts.

All returns accepted for refund will be subject to a 20% restocking charge.

Freight charges are not refundable.

SECTION 9

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12

PERSONAL INFORMATION

We collect personal information from you, including information about your:
• individual and business names
• contact information
• billing or purchase information

We collect your personal and business information in order to provide enhanced service and, where applicable, discounted trade accounts.

Providing some information is optional. If you choose not to provide contact information, we’ll be unable to provide enhanced service and trade account benefits.

You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at *protected email*, or 09 262 3752.

SECTION 13

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or domestic regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall European Autospares Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16

INDEMNIFICATION

You agree to indemnify, defend and hold harmless European Autospares Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 21

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by clicking HERE