Your terms and conditions of use

This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Auckland, New Zealand, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Hybrid Performance Limited Condition of Sale

Incorporation of Terms

The following Terms and Conditions shall be deemed incorporated in and shall form part of all contracts involving goods supplied by the Hybrid Performance Limited henceforth will be called HPL.

Pricing Policy

   1. Unless otherwise stated all prices are quoted in NZ Dollars and are inclusive of Goods & Services Tax (GST) but exclusive of insurance, freight and handling charges. The Customer shall pay insurance, freight and handling charges in addition to the quoted prices. The HPL reserves the right to revise its prices at any time prior to accepting an order. Receipt of an order by the HPL from the Customer does not constitute acceptance by the HPL.

   2. The prices quoted may be revised by the HPL subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, and any other matter beyond the control of the HPL. In that event the Customer shall have the right to withdraw its order.

Payment

   1. Unless otherwise agreed in writing by the HPL payment is to be made in cash by Bank Transfer to HPL Bank Account prior to delivery of any order.

   2. Credit accounts will be required to remit payment on or before the due date. Due date is usually 7 working days after placing an order online. mentioned in the Tax Invoice or Credit Account Approval Form.

   3. If the HPL shall at any time deem the credit of the Customer to be unsatisfactory, it may require security for payment and may suspend performance of its obligations under any contract until the provision of sufficient security. All costs and expenses incurred by the HPL as a result of such suspension and any recommencement shall be payable by the Customer upon demand.

   4. The Customer shall not be entitled to withhold payment or to make any deductions from the contract price without the prior written consent of the HPL.

   5. Receipt of cheque, bill of exchange, or other negotiable instrument by the HPL shall not constitute payment and the Customer shall remain liable for the full contract price until such cheque, bill of exchange, or negotiable instrument is paid in full. Until such indebtedness has been discharged the buyer shall store the goods in such a way that they can readily be identified as the property of HPL.

Acceptance

On purchase of any goods from us a Tax Invoice is issued which details your order as we have received it. In case you find any discrepancies please notify us in writing within seven (7) days. Your order is accepted subject to the prices in effect at the time of shipment and to the conditions thereof.

Risk and Title

   1. The risk in goods supplied by the HPL to the Customer shall pass to the Customer at the point of delivery from our warehouse. Property (ownership) in the goods shall not pass to the Customer until the contract price for the goods and all other monies payable to the HPL by the Customer (whether under the contract or otherwise) have been paid in full.

   2. Notwithstanding that property in the goods is retained by the HPL the Customer is hereby authorised to sell the goods in the ordinary course of its business provided that such authority may be revoked by written notice from the HPL at any time if the HPL deems the credit of the Customer to be unsatisfactory or if the Customer is in default in the performance of its obligations under the contractor any other contract between the HPL and the Customer and shall be deemed automatically revoked if the Customer shall commit any act of bankruptcy enter into any composition or arrangement with its creditors, or, (in the case of a Company) do any act which would render it liable to be wound up or if a resolution is passed for the winding up of the Customer or if winding up proceedings should be commenced against the Customer or a receiver is appointed in respect of all or any assets of the Customer.

   3. For so long as property in the goods is retained by the HPL, the Customer will store separately those goods in respect of which property is retained by the HPL and clearly identify such goods as the property of the HPL. In case the customer is a reseller then The Customer will note and advise the HPL upon request of details of the name and address of purchasers of the goods or any part of the goods and all serial or other identifying numbers and description of goods sold.

Consumer Guarantees Act

Your warranty is in addition to your rights under the Consumer Guarantees Act 1993. However, where you are purchasing for the purposes of a business, you agree that the terms of the Consumer Guarantees Act 1993 shall not apply. All warranties and conditions implied under any other statutes (including the Sale of Goods Act (1908) are expressly excluded from your warranty. Below are our terms and conditions.

Terms & Conditions:

   
  • * All sales are final
  • * We highly recommend to have the manifold faces surfaced PRIOR to fitting at buyers cost. we are not liable for machining of any surface.
  • * All items shipped are at buyer’s expense unless arranged before hand
  • * We offer No warranty on aftermarket parts, As we are unware on how the consumer uses or abuse the product.
  • * When making a payment a reference MUST be used as it makes it very hard for us to find out who made the payment.
  • * Full payment of the order must be paid within 3 days of order date. Or if arranged before the sale.
  • * The warranty on this product is void if the product is modified, altered, changed, -Understand that we are not responsible for any damage caused when our products is used in conjunction with any other products used by you. 
  • *In some cases you maybe required to modify your exisiting manifold studs for our manifolds to bolt on correctly to your motor due to the space given in some of the engine bays some other modifications might be required to ensure our manifold fits in place correctly.
  • * You accept sole responsibility for the proper assembly, operation and regular maintenance of the product. This limited warranty is void if any product is damaged by accident, misuse, improper installation, or abuse, including tampering or damage in transit or while in use.
  • * By buying on the our products you are deemed to these terms 
  • * As we try to make sure all the pictures are of the exact products sometimes they are a little bit different and colour may vary depending on stock.

Turbo Terms and Conditions:

by purchasing an aftermarket turbo from us we only offer 7 days RTB warranty no cash refunds are given on the product. As it is an aftermarket product and not a OEM product. A MTA approved mechanic MUST install the product for the 7 Day warranty to be valid NO EXCEPTIONS! High grade synthetic oil must be used.

Miscellaneous

This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Auckland, New Zealand, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.



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