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ASL ONLINE

A Division of Automotive Supplies NZ Ltd

1. Terms & Conditions  
2. Return Policy

Welcome to ASL Online a division of Automotive Supplies NZ Ltd.

Terms and Conditions

All references to ASL Online in the Terms and Conditions also refers to Automotive Supplies NZ Ltd.  Use of the website www.rapidfixnz.co.nz is subject to the following terms and conditions. Making a purchase using www.rapidfixnz.co.nz  web site signifies acceptance of these terms and conditions. If you do not agree to these terms and conditions, please refrain from logging in to the site.   If you have applied for an account please contact ASL Online to request the cancellation of your ASL Online account.
1.    All prices, minimum/multiple quantities and stock levels are subject to change without notice. All reasonable care is undertaken by ASL Online and Neotek Ltd to ensure that all information on the site is accurate, complete, reliable, current and error-free. In the unlikely event of any error occurring which results in a change of price, you will be contacted and given the choice of making the purchase at the corrected price or receiving a full refund for the item(s) purchased.
 
2.    Access to an ASL Online account provides the right to order product and view financial information for that account. If you sign up for an ASL Online account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to this account. The user undertakes to notify ASL Online as soon as an account is no longer required so that access to such an account may be removed. ASL Online will not be responsible for any unauthorized use of the account, or for financial information obtained as a result of unauthorized use.
 
3.    ASL Online does not accept any responsibility for any loss or damages resulting from any failure or delay in the receipt of orders placed by the custoomer, regardless of whether or not such failure or delay is caused by or located in any ASL's servers or system, any Neotek Ltd's server or system, or the internet in general.
 
4.    ASL Online and Neotek Ltd undertake to take all reasonable care to ensure the availability of the site and its services.   ASL Online or Neotek Ltd will not accept responsibility for any loss or damages whatsoever, resulting from any unavailability of the site or services.
 
5.    All intellectual property included on the website, including but not limited to, text, graphics, copyright works, trademarks, photographs and video clips, is owned by ASL Online or its suppliers. The user will not use, reproduce, licence, sell, release or modify (including via any internet site) any intellectual property on this website, except for the purpose of viewing on screen or printing portions of the website for internal use, or with express written consent from ASL Online.
 
6.    Although the greatest of care has been taken when compiling any catalogues viewed on the site, ASL Online does not assume any responsibility for mistakes or omissions as to vehicle data or product information. It is the purchaser’s responsibility to ascertain the goods purchased/supplied are the correct for the purpose.  

7. Price: 
             (a)   All products will be charged at prices ruling at the time of order.  In these Terms and Conditions the term "time of order" shall mean                       the time that the goods are confirmed to the Customer.   The price ruling will be the prices ruling by ASL Online at this time.   ASL                             Online prices may differ to those displayed on www.rapidfixnz.co.nz.   In the case of any variation the customer will be permitted to                         cancel the order at no cost.  
             (b)   Prices are subject to alteration without notice.

8. Delivery: 
             (a)   The Customer is responsible for the payment of all freight and delivery charges.
             (b)   ASL Online will make every effort to ensure that delivery is on time but will not be liable for any loss or damage arising in any way                            from delays in delivery owing to any cause beyond ASL Online’s control including (without limitation) strike, combination of                                      workmen, lock-out, difficulty in procuring suitable goods or products or parts thereof, shortage of stocks or labour, prohibitions,                            restrictions, delay in transit, acts of God, riots, epidemics, Government action after the date of the Agreement, communication line                          failure, fire, or other disasters beyond the control of ASL Online.

9. Payment: 
             (a)   Payment is to be made by credit card at the time of order, in the case of cash sales; in the case of credit sales, all accounts are to be                     settled in full no later than the 20th day of the month following the date of the invoice.
             (b)   If payment is not made in full by the due date, ASL Online is entitled to charge the Customer interest on the unpaid overdue balance                      at the prevailing bank overdraft interest rate charged to ASL Online by their bank plus 2% on all overdue accounts from the date of                       due payment until the date of actual payment. 
              (c)   Any expenses, costs or disbursements incurred by ASL Online in recovering any outstanding monies including debt collection                                agency fees and legal fees shall be recoverable from the Customer.
              (d)   In the case of any Customer who purchases goods for the purposes of a business or purchases goods that are not ordinarily                                   acquired for personal, domestic or household use, no payment may be withheld except for the particular goods or payment amount                       in respect of which a valid claim has been made in accordance with clauses 12(c) and 12(d) of these Terms and Conditions.
              (e)   If payment is not made in full by the due date, ASL Online may without prejudice to any other rights of ASL Online under these Terms                       and Conditions or otherwise at law or in equity: 
                             (i)   postpone further deliveries already purchased by the Customer;

                             (ii)   reduce discounts (if any) on goods not paid for by the Customer or on goods to be purchased by the Customer in the                                                  future; and 
    
                             (iii) take all legal action necessary to recover payment and/or to procure the return of the goods without being under any                                                 obligation to accept the return of non-defective goods.

10. Retention of Title:
                (a)   Ownership of any goods sold shall not pass to the Customer until the Customer has paid to ASL Online the invoiced price for all                               goods in the Customer"s possession at the time of such payment. 
                (b)   The Customer acknowledges that the Customer is in possession of goods as agent and bailee for ASL Online and that it owes a                               fiduciary duty to ASL Online until such time as legal and equitable title shall transfer pursuant to these terms and conditions. 
                (c)   Until the Customer becomes owner of the goods, the Customer will if required by ASL Online store the goods on the Customer’s                             premises separately from the Customer’s own goods and those of any other person and in a manner which makes them readily                               identifiable as the goods of ASL Online.
                (d)   If the Customer deals with the goods in such a way that they become an integral part of any other object, then the Customer shall                           be deemed to do so as ASL Online's agent and ownership of the goods shall remain with ASL Online as principal.     
                (e)   In the event of default by the Customer, ASL Online shall have the right (without giving notice) to repossess the goods supplied                             to the Customer by ASL Online and the Customer hereby authorises and allows the Supplier or its representatives, servants,                                   agents or employees to enter the premises upon which the goods are housed or stored for the purpose of repossessing them                               and ASL Online shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the                                       Customer as a result of ASL Online repossessing such goods. 
                  (f)  This clause will not limit ASL Online’s rights under the PPSA and clause 12 of these terms and conditions.

11. Statutory Rights: Nothing in these Terms and Conditions shall limit any rights, powers and remedies that the Customer may have under the Consumer Guarantees Act 1993 or under any other legislation.

12. Exclusion of Warranties: In dealing with any Customer who purchases goods for the purposes of a business or purchases goods that are not ordinarily acquired for personal, domestic or household use:

                 (a)   ASL Online gives no warranty that the goods are fit for any particular purpose (whether or not  ASL Online is aware of such                                       purpose) and all other conditions, warranties and representations whether expressed, implied or statutory are hereby excluded.
                 (b)   ASL Online shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever.
                 (c)   No claim by the Customer either for damages or for repudiation of the contract in respect of such sale need be recognised unless                          made in writing and received by ASL Online within fourteen days of the time of despatch.
                (d)   The liability of  ASL Online whether in contract or in tort for any loss damage or injury arising directly or indirectly from any defect                             or non-compliance of goods sold is limited at the option of ASL Online to:
                                 (i)   the repair of such defective or non-complying goods;        
                                 (ii)  the replacement of such defective or non-complying goods with goods of a comparable superior quality ;                                                              (iii) damages not exceeding the invoice value of such defective or non-complying goods.
 
13. Risk:(a)   Risk in the goods supplied by ASL Online shall pass to the Customer at the time of despatch.
                (b)   After the time of despatch the goods and any other property into which the goods have been incorporated or to which they have                             been attached shall be at the risk of the Customer and ASL Online accepts no responsibility for any loss or damage to the goods or                         other property after the time of despatch.
 
14. Non-waiver: Failure by ASL Online to enforce any terms and conditions or to exercise in whole or in part any right ASL Online may have shall not be deemed to be a waiver of those rights and shall not be nor be deemed to be a waiver of any subsequent breach of any term or condition.
 
15. On-sale by Customer: 
                  (a)   If the Customer on-sells any goods which are goods ordinarily acquired for personal, domestic or household use or consumption,                          to any person for the purposes of a business, the Customer shall first agree in writing with its customer that the customer                                        acknowledges and agrees that the supply of goods by the Customer to its customer is for the purposes of a business in terms of                            Sections 2 and 43 of the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to such supplies, and                                  further the Customer shall agree with its customer that neither the Customer’s customer nor any other purchaser of the goods                                shall on-sell the goods to any person for the purposes of a business without first entering into the Agreements required by this                              clause.
                  (b)   The Customer agrees that should the customer or any subsequent purchaser fail to comply with this requirement,  the Customer                             shall indemnify ASL Online against any liability, cost or expense incurred by ASL Online arising out of that failure.

16. Variations of Orders: No order once accepted by ASL Online may be cancelled or varied by the Customer except by the written Agreement of ASL Online and in the case of such cancellation or variation no returns will be accepted by ASL Online unless included in such Agreement.

17. Personal Property Securities Act 1999 (PPSA) 
                   (a)   The Buyer grants to ASL Online a security interest in all goods supplied by the ASL Online as security for payment of the                                            purchase price of the goods and all other moneys payable to ASL Online by the Buyer (whether under these conditions or under                              the terms of any specific contract relating to the supply of goods by ASL Online to the Buyer) and for the performance by the                                    buyer of all of its other obligations to ASL Online.
                   (b)   The Buyer agrees to do anything that ASL Online requires to ensure that, from the time that the PPSA comes into force the                                        Company has a perfected security interest in all goods supplied by ASL Online.
                   (c)   ASL Online may register a financing statement at the Buyer’s cost.
                   (d)   ASL Online may allocate all amounts received by the Buyer in any manner it determines including any manner required to                                          preserve any purchase money security interest in the goods.
                   (e)  The Buyer waives the right to receive a copy of any verification statement confirming registration of a financing statement                                       relating to the security interest created by these conditions of sale.


Returns Policy

ASL Online will consider all claims for credit provided we are notified within 28 days from invoice date.
 
Return of Non-defective Goods
In the case of non-defective goods, ASL Online may, at its sole discretion, give credit for those goods if the following conditions are met:
1.   The returned goods are received within 28 days from invoice date, with your name, address and telephone number, your invoice number or a copy of the invoice and the reason for the return.
 2.   The returned goods are in new condition, and in the manufacturer’s original container, unsoiled and undamaged, and all freight and relevant charges have been paid by the customer.
Defective of Faulty Goods
We will at our discretion provide a replacement, credit or refund where goods have been lost, wrongly delivered or invoiced, or incorrect goods are delivered as a result of our error, damaged by us in transit or short supplied.
 All returns in these instances, must be authorised by us and you must obtain a Reference Number by contacting Customer Services (full details available under Contact Us).
 The goods must be returned in original manufacturer’s packaging, protected by an outer box.
 We will at our discretion offer you a replacement, credit or refund where products have a major failure, such as –
 ·         The products are faulty
·         Wrongly described
·         Different from a sample shown to you
·         Do not do what they are supposed to
 To avoid doubt, this provision is in addition to any express warranties (if any) that are stated in any such documentation.
 The return delivery of the faulty goods is the responsibility of the customer.
The Product Assessment team may need to conduct an assessment of your product to determine whether a replacement or refund is appropriate.   Certain technical products may need to be sent to the manufacturer's agent for assessment.  You will be advised if your claim is undergoing a lengthy investigation.
Exclusions
In some cases a replacement, credit or refudn may not be offered if you 
 ·         Modify the product
·         Misuse the product contrary to the user instructions or packaging labels
·         Simply change your mind
·         Goods deemed not in a saleable condition
 Note : If your goods arrive in damaged packaging, you must write on the receipt from the freighting agent that the packaging is damaged.    Unless there is a note regarding damaged packaging on the courier receipt, we will not accept any responsibility on the part of the freighting agent for goods damaged in transit.
 Credit Approved
Where approval has been granted for credit, a credit will be made to your account or refunded back to the original credit card used (whichever applies).  
 Further Information 
This Returns Policy is in addition to the conditions and guarantees which are mandatory as implied by the Consumer Guarantees Act 1993 (NZ).
 If you have any queries please contact our Customer Service team at ASL Online (full details available under Contact Us)
Dispute Escalation
If you feel that your rights under consumer law or our Returns Policy have not been met, please forward your concerns in writing to : 
                      Product Assurance Officer,
                            ASL Online
                            P O Box 22 539
                            Auckland 1540

                   




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