In these conditions unless the context otherwise requires:
Company means Xtremetuning Limited.
- Buyer means the person, or company buying the products and/or services from the Company.
- Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
- Contract means the contract between the Company and the Buyer for the purchase of the products and/or services.
- Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or
- ii) where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
- Contract price means the price of products and/or services as agreed between the Buyer and the Company.
- Person includes a corporation, association, firm, company, partnership or individual.
- Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker or the individual client.
- PPSA means the Personal Property Securities Act 1999.
The Buyer may request a Quotation from the Company setting out the price and quantity of the products and/or services to be supplied.
If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable time-frame.
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the Terms and Conditions contained herein.
Upon acceptance of these terms and conditions by the Buyer, the Terms and Conditions are definitive and binding.
4. Terms and Conditions
These Terms and Conditions and any subsequent Terms and Conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- 5.1 The Price shall be as indicated on Invoices provided by the Company to the Buyer in respect of products and/or services supplied; or
- 5.2 The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
- 5.3 Time for payment for the products and/or services shall be of the essence and will be stated on the Invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.
- 5.4 The Buyer agrees that the cost price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
- 5.5 The Company reserves the right to implement a surcharge for alterations to specifications of products and/or services after the order has been placed.
6. Payment, Late Payment, Refund, Default of Payment and Consequences of Default of Payment
- 6.1 The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
- 6.2 Subject to any provision to the contrary in the Contract, payment (being cash or Direct Credit unless otherwise arranged in advance and confirmed in writing by the Company or appointee) shall be received on or before the 3rd day after the Invoice to the Buyer, which shall be issued promptly on or after delivery of the goods and/or services.
- 6.3 A Deposit may be requested to secure a service. All Deposits are Non-Refundable.
- 6.4 Late payment shall incur interest at the rate of 2.5% per month compounding and calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
- 6.5 All costs and charges relating to recovering to recovering overdue or unpaid Invoices will be payable by the Buyer
- 6.6 If an account remains unpaid the creditor may list the Buyer as a Defaulter on any Public Databases.
- 6.7 The Buyer agrees that information can be released to a third party for the purpose of locating the Buyer’s whereabouts to enable collection of overdue Invoices
- 6.8 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
- 6.9 In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
- 6.10 Refund
- The Company doesn’t have a “changed my mind” policy.
- On a case-by-case bases the Company might offer a credit that the Buyer can use at a later date
- A full or partial refund can be offered when the Buyer can prove that there is a fault with the product
- Read more: https://www.consumer.org.nz/articles/returns-and-refunds
- 7.1 The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
- 7.2 The Buyer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company.
- 7.3 To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
- 7.4 To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.
- 7.5 The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.
8. Governing laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
9. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
10. Reservation of title
Ownership and title of any goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
11. Performance gains
All performance gains published on The Company’s website or The Company’s Facebook business page are only indicative and subject to the condition of power train. Published gain values are also depending on our customers’ request.
Our warranty covers you for any engine faults caused directly by our software upgrade. This warranty is valid for the serviceable life of the car and while it is in your ownership. This warranty does not replace your car’s factory warranty.
NOTE: the warranty does not cover:
- i) Any failures due to mechanical problems present prior to tuning.
- ii) Any failures due to normal wear and tears
iii) Any mechanical failures due to other modifications.
- iv) Any mechanical failure due to the use of unsuitable petrol. For example, cars that require higher grade octane petrol. Note: tuning requiring higher octane fuel will always be discussed prior to any work carried out.
- v) Any mechanical failure that happens while racing.
- vi) Any mechanical failures due to unrelated faults or breakages.
vii) Any mechanical failures due to misuse of the vehicle.
viii) Any mechanical failures due to negligence and poor vehicle maintenance.
- ix) The Company’s Warranty will not apply to any defect in, or which is attributable to, or to the use of, any Modification made to the Vehicle unless such Modification has been made by or at the direction of, the Company.
- 13.1 The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
- 13.2 The Company is not responsible for enquiring or establishing what the vehicle will be used for, prior, during or in future, nor its compliance status or requirement(s) for road worthiness and safety.
- 13.3 The Company’s duty is to fulfill the request to perform software modifications on the factory OEM ECU of the vehicle provided by the vehicle owner at time of tuning, for the purpose of service/product to be performed/implemented as agreed.
Any further requirements of and or for vehicle use are solely the vehicle owner(s) responsibility.
- 13.4 The Company is not responsible for any prior modifications or future modifications made on the vehicle, unless that modification is exclusively provided by the Company in the form of ECU software modification.
- 13.5 When modifying ECU software contents, there may be a requirement for the vehicle to go through inspection and recertification with a registered LVV centre or other authorized body. This inspection and recertification responsibility is solely the duty of vehicle owner(s) and not that of the Company. Furthermore, it is the choice and decision of the vehicle owner to disclose the state of modification of their vehicle; whether asked, prompted or through unsolicited voluntarily disclosure.
14. Lost / wiped software
There are other third parties including the Dealerships who have the tools and skills to overwrite or wipe the tuning that the Company provided for the Buyer. It is the Buyer responsibility to protect the investment purchased from the Company by requesting any third party not to modify the ECU firmware after receiving a remapping service from the Company. The Company does not provide a free second tuning or free new tuning for Buyers who forget to notify or not wanting to notify third parties about the software modification provided by the Company.
15. Acceptance of goods and/or services
By acceptance of the Company’s goods and/or services the Buyer is understood to have read and accepted the Terms of Trade as outlined in this document.