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Terms of Use

Use of this site

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. These terms and conditions shall void any previous terms or conditions included with any order, whether or not such terms, or conditions, were signed by a Pro Parts Palmerston North Limited representative. Pro Parts Palmerston North Limited reserves the right to make changes to this site and these terms and conditions at any time without notice.

General

Where Pro Parts Palmerston North Limited accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between Pro Parts Palmerston North Limited and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by Pro Parts Palmerston North Limited.

Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by Pro Parts Palmerston North Limited. Where Pro Parts Palmerston North Limited accepts cancellation Pro Parts Palmerston North Limited may levy a handling charge of up to 10% of the price.

Where the buyer and Pro Parts Palmerston North Limited agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Pro Parts Palmerston North Limited.


Formation of Contract

Pro Parts Palmerston North Limited's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. Pro Parts Palmerston North Limited's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.


Order Cancellations

Pro Parts Palmerston North Limited reserves the right to cancel any order for any reason without notice to the customer. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Pro Parts Palmerston North Limited shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pro Parts Palmerston North Limited shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pro Parts Palmerston North Limited shall issue a credit to your credit card account in the amount of the incorrect price.


Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;
Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.

In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.


Property and Risk
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by Pro Parts Palmerston North Limited or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
Ownership of all goods sold by Pro Parts Palmerston North Limited ("the goods") is retained by Pro Parts Palmerston North Limited until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect Pro Parts Palmerston North Limited in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to: Enable the goods to be readily identifiable as the property of Pro Parts Palmerston North Limited.

Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Pro Parts Palmerston North Limited.

On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

Prior to the buyer acquiring property in any goods Pro Parts Palmerston North Limited may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then: The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,

The buyer will reimburse, indemnify and hold harmless Pro Parts Palmerston North Limited, its employees and agents in respect


Seller's Liability and Maintenance Guarantee
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and Pro Parts Palmerston North Limited is under no liability if they are not.
The buyer is entitled to only such benefits as Pro Parts Palmerston North Limited may receive under any guarantee given to Pro Parts Palmerston North Limited by the manufacturer of the goods.

In lieu of any warranty, condition, or liability by law, Pro Parts Palmerston North Limited's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to Pro Parts Palmerston North Limited, unless otherwise arranged. Pro Parts Palmerston North Limited shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances. At the termination of the appropriate period (ie guarantee period or 12 months as indicated above) all liability on Pro Parts Palmerston North Limited's part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification, disassembly or adjustment.

Pro Parts Palmerston North Limited's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that Pro Parts Palmerston North Limited has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of Pro Parts Palmerston North Limited.