Terms & Conditions
Freight Terms
All product prices are exclusive of freight charges, unless otherwise stated in writing.
Xtremetuning Limited reserves the right to apply a freight surcharge if the customer requests urgent delivery.
In accordance with the Carriage of Goods Act, any claims for loss or damage to goods must be lodged directly with the carrier within 30 days of the invoice date.
Returns Policy
Goods may only be returned to Xtremetuning Limited with prior written approval and must be received within 14 days of delivery.
If, upon inspection, Xtremetuning Limited determines that the goods do not have a material defect, a handling fee may be charged to the customer.
Returns that do not comply with these conditions may be refused.
All costs associated with returning or delivering goods are the responsibility of the customer.
Please note: tuning tools and tunes are non-returnable and excluded from this policy.
Supply and Delivery Terms
All services provided by Xtremetuning Limited shall be considered delivered upon notification of completion. If you believe any services have not been rendered, you must notify Xtremetuning Limited in writing within fourteen (14) days of the supply notification.
All claims must be submitted in writing.
Delivery of goods is deemed complete once Xtremetuning Limited delivers to the customer’s nominated address, regardless of whether the customer is present to acknowledge receipt.
Any claim regarding goods being incorrect or not delivered as per the invoice must be made in writing within fourteen (14) days of delivery.
Goods will not be accepted for return or credit without prior written approval from Xtremetuning Limited.
Title and Security (Personal Property Security Act 1999)
Title and Security Interest
Ownership of any goods supplied by Xtremetuning Limited passes to the customer only once full payment has been received for those goods and for any other outstanding amounts owed by the customer to Xtremetuning Limited.
Until all such amounts are paid in full, Xtremetuning Limited retains a security interest in all goods supplied.
Personal Property Security
By accepting these terms, the customer grants Xtremetuning Limited a personal property security interest in:
All goods supplied under this agreement
Any goods previously supplied
Any future goods acquired from Xtremetuning Limited
Customer Obligations
The customer agrees to:
- Sign any documents and provide accurate, up-to-date information reasonably required by Xtremetuning Limited to register or amend a financing statement on the Personal Property Securities Register.
- Refrain from registering a financing change statement or change demand without Xtremetuning Limited’s prior written consent.
- Provide at least 14 days’ written notice of any changes to the customer’s name, address, trading name, or business details.
- Indemnify Xtremetuning Limited for any costs incurred in relation to the above.
The customer waives the right to receive a verification statement under the Personal Property Securities Act and agrees, to the extent permitted by law, that: - Sections 114(1) and 133 of the Act do not apply.
- Only the mandatory provisions of Part 9 of the Act will apply.
- Any additional rights Xtremetuning Limited holds under this agreement will continue to apply alongside those in Part 9.
If the customer fails to comply with these obligations, they grant Xtremetuning Limited power of attorney to sign any necessary documents to perfect its security interest.
Retention of Title in Manufactured Goods
If the goods are incorporated into other property through manufacturing or assembly, title remains with Xtremetuning Limited until full payment is made.
If the goods are combined with other materials to form new products, title in those new products is deemed assigned to Xtremetuning Limited as security for the customer’s total outstanding balance.
Right of Entry and Repossession
The customer grants Xtremetuning Limited irrevocable authority to enter any premises where the goods are located—at any reasonable time after default, or earlier if default is anticipated—to repossess goods or any property incorporating them.
Xtremetuning Limited is not liable for any costs, damages, or losses resulting from such repossession, except where liability cannot be excluded by law.
Repossessed goods may be resold, with the net proceeds (after deducting all related costs) credited to the customer’s account. Alternatively, Xtremetuning Limited may retain the goods and credit the account based on their assessed value, accounting for wear, depreciation, obsolescence, or loss of profit
General terms
These terms of trade apply to all goods and services supplied to the customer by Xtremetuning Limited.
If any provision within these terms is found to be unenforceable, it will be modified to the extent necessary to make it enforceable. If modification is not practical, the provision will be deemed removed without affecting the validity of the remaining terms.
These terms may only be amended through written agreement with Xtremetuning Limited.
Any notice required by either party will be considered properly served if delivered in person or sent via prepaid post to the other party’s business or residential address. Notices sent by post are deemed delivered in the ordinary course of mail.
These terms are governed by and interpreted in accordance with the laws of Australasia.
Inspections & Claims
Customer Information
Privacy and Credit Assessment
In accordance with the Privacy Act 1993, the customer authorises Xtremetuning Limited to obtain any information necessary from third-party sources to assess creditworthiness and determine appropriate credit limits.
Xtremetuning Limited will set a credit limit at its discretion and reserves the right to adjust this limit at any time.
Consent to Collection and Disclosure of Personal Information
By accepting these terms, the customer consents to Xtremetuning Limited collecting, using, and disclosing personal information for the following purposes:
- Verifying information provided by the customer (or obtained from other sources) with third parties and government databases, including but not limited to the NZ Transport Authority, Motor Vehicle Register, and the Personal Property Securities Register (PPSR).
- Conducting credit checks through credit reporting agencies to support credit decisions, debt collection, or compliance with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. This may involve sharing personal information with credit reporting agencies and receiving information in return. Xtremetuning Limited may also disclose positive credit information, including repayment history.
- Recovering outstanding debts, including appointing collection agents and listing defaults with credit reporting agencies.
- Checking the Ministry of Justice fines database for any overdue fines. This may involve sharing personal information with the Ministry of Justice and credit reporting agencies.
- Verifying information for fraud prevention and compliance with anti-money laundering regulations.
- Where driver licence information is voluntarily provided, it may be disclosed to credit reporting agencies and the Ministry of Justice as part of verification checks.
The customer authorises any third party to release personal information to Xtremetuning Limited for the purposes outlined above.
The customer acknowledges that if personal information is disclosed to a credit reporting agency, it may be stored in their database, used for credit reporting services, and disclosed to their subscribers for lawful purposes including credit checks and debt collection.
Application of the Consumer Guarantees Act
Where goods and services are supplied by Xtremetuning Limited for use in a business or for business purposes, the customer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply.
However, if the goods and services are supplied to a customer as a “consumer” (as defined under the Consumer Guarantees Act) for personal, domestic, or non-business use, then the protections of the Act will apply and take precedence over any conflicting terms in this agreement
Disputes Accounts
The customer must notify Xtremetuning Limited in writing within five (5) days of receiving any invoice they wish to dispute.
The notice must reference the relevant invoice number and include full details of the reason for the dispute.
If no written notice is received within this timeframe, the invoice will be deemed accepted, and payment must be made in accordance with the terms outlined in this agreement.
Confidential Information
Confidentiality
Each party agrees to maintain the confidentiality of the other party’s confidential material and to use it solely for the purpose for which it was provided.
Confidential material must not be copied, reproduced, or disclosed except:
Where necessary to enable the use of goods or services under lease
Where the owning party has provided prior written consent
Upon request, each party must return all confidential material (including any copies) in its possession or control that belongs to the other party.
Definition of Confidential Material
Confidential material includes:
- All information and materials related to Xtremetuning Limited’s business, employees, goods, or services that have been provided or made available to the customer
- Any reports or materials generated directly or indirectly from work carried out for the customer, including any derivative information
Confidential material does not include:
- Information that is publicly available
- Information independently developed or acquired by the customer or a third party without reference to Xtremetuning Limited’s confidential materia
Disputes resolution
Xtremetuning Limited and the customer agree to use all reasonable efforts to resolve any dispute amicably.
If a resolution cannot be reached, the parties will:
- Refer the dispute to mediation, conducted in accordance with the Resolution Institute Australasia Standard Mediation Agreement; and
- If mediation is unsuccessful, refer the matter to a single arbitrator under the provisions of the Arbitration Act 1996 (including any amendments).
Nothing in this clause prevents either party from seeking urgent equitable relief from an appropriate court when necessary.
Assignment
Xtremetuning Limited reserves the right to assign all or any portion of the debt owed by the customer to a third party at any time, without requiring the customer’s consent.
Review of Terms
Xtremetuning Limited reserves the right to review and amend these terms at any time. Any changes will take effect from the next transaction following the date on which the customer is notified of the amendment
Intellectual Property
The customer acknowledges that Xtremetuning Limited is the sole owner of all intellectual property—including business know-how, ideas, methodologies, routines, systems, and processes—relating to or arising from the goods and services supplied. This includes any intellectual property developed or contributed to by Xtremetuning Limited in connection with:
- Information, fault diagnosis, or repairs
- Documentation provided to the customer
- Any services or other work performed for the customer
All such intellectual property remains the exclusive property of Xtremetuning Limited, whether arising directly or indirectly from the engagement.