Who are we – Lift Junkie, www.liftjunkie.co.nz (‘this Website’) is owned and operated by Brake & Transmission NZ Limited (‘BNT’).
What do we do – We supply Lift Kits and 4WD suspension products and components (Products) for use with light commercial and 4WD vehicles.
What we DON’T do – We do NOT provide advice to consumers about which Products are:
- suitable for their respective vehicles.
- compliant with current New Zealand laws, standards and industry requirements for use on public roads, which includes (without limitation) the Low Volume Vehicle Standards, Vehicle Inspection Requirements Manual and the NZ Land Transport Rules.
We also do NOT provide guidance on do-it-yourself installation.
Individuals purchasing from this Website has the sole responsibility to ensure that the Product purchased is suitable for their vehicle and use, and is installed by an experienced and qualified professional in accordance with New Zealand laws. The Purchaser must ensure (without limitation) that:
- the Products purchased are compliant, and continue to be compliant, with New Zealand laws for public road use.
- a wheel alignment is performed after the installation of upgraded suspension parts. After an alignment, most ADAS (Advanced Driver Assistance Systems) equipped vehicles will require calibration.
- any ADAS re-calibration is carried out by a specialised technician to guarantee the safety of the vehicle and its occupants.
1. These Terms
Your access to and use of this Website, including your purchase of goods (‘Products’) through this Website, is subject to these terms and conditions (‘Terms’).
2. Ordering products online
You may order Products by selecting and submitting your order through this Website in accordance with these Terms.
Any order placed through the Website for a product is an offer by you to purchase the particular Product for the price notified at the time. Payments must be made upfront via the available payment methods prior to the Product being despatched.
3. Acceptance or Rejection of an order
Our acceptance of your order in an agreement between you and us for the supply of those Products in accordance with these Terms.
We reserve the right to accept or reject your order for any reason, including (without limitation) suspected fraud, if the requested product is not available, if there is an error in the price or incorrect product information.
If we reject an order placed, we will endeavour to notify you of that rejection within a reasonable time. We reserve the right to issue a refund or offer a substitute product of equal or better value at our discretion.
4. Accuracy of Products and Descriptions
We try to ensure that information provided through the website is accurate and current. However, we do not represent or warrant the accuracy, adequacy, completeness of information or suitability for any particular purpose on this Website. For example (without limitation):
- Prices and colours of Products may change.
- Products are subject to availability.
- Descriptions of Products are summaries only (with further information available on request to us).
- We may withdraw any Product from sale for any reason, however that product might still appear on our website for a period of time.
If a Product offered by us is not as described, your sole remedy is to return the Product to us for a refund or any other remedy pursuant to any applicable consumer rights under the Consumer Guarantee Act 1993.
5. Delivery of Products
We currently ship Orders to New Zealand addresses only.
Delivery fees are payable in addition to the purchase price of each product. A number of different delivery methods may be used depending on the type of order.
We aim to deliver products to your nominated place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late Delivery.
Risk in the Product passes to you upon Delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
6. Cancelling an Order
You may cancel an order if it has not yet been dispatched by contacting our customer service team via our Contact Us page. You cannot cancel all or any part of an order after the order has been dispatched by us. Whilst we make every effort to accommodate cancellation requests, sometimes this may not be possible depending on the timing of the request being submitted and processed and the stage of the order fulfilment process.
7. Returns
We offer a Return Policy, where you may be able to return products for a refund or exchange. Please refer to the process detailed on the Returns page of this website.
8. Warranty and Liability
The Products come with guarantees under the Consumer Guarantees Act 1993.
The Consumer Guarantees Act 1993 protects consumers by:
- allowing you to seek repairs, replacements, or refunds when goods are faulty; and
- setting minimum guarantees for all products and services.
However, if you are using our Products for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to purchase of the Products.
For more information on your consumer rights, please visit
www.consumerprotection.govt.nz
For assistance details on how to make a consumer guarantee claim, please see our Returns Policy.
In addition to any applicable guarantee under the Consumer Guarantees Act 1993, the Products may come with a manufacturer warranty that the applicable Product (or part of the Product) is free from defects for a set warranty period (“Manufacturer Warranties”). These Manufacturer Warranties are not offered by us, but are separately honoured by the Manufacturer in accordance with the terms of the applicable Manufacturer Warranty.
To the maximum extent permitted by law, we otherwise provide the Products and this Website on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
9 Disclaimers
We do NOT provide advice to consumers about which Products are:
- suitable for their respective vehicles.
- compliant with current New Zealand laws, standards and industry requirements for use on public roads which includes (without limitation) the Low Volume Vehicle Standards, Vehicle Inspection Requirements Manual and the NZ Land Transport Rules.
We also do NOT provide guidance on do-it-yourself installation.
Individuals purchasing from this Website has the sole responsibility to ensure that the Product purchased is suitable for their vehicle and use and is installed by an experienced person in accordance with New Zealand laws. The Purchaser must ensure (without limitation) that:
- the Products purchased are compliant, and continue to be compliant, with New Zealand legislation for public road use.
- a wheel alignment is performed after the installation of upgraded suspension parts. After an alignment, most ADAS (Advanced Driver Assistance Systems) equipped vehicles will require calibration.
- any ADAS re-calibration is carried out by a specialised technician to guarantee the safety of the vehicle and its occupants.
To the fullest extent permitted at law, we otherwise disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from:
- the use of, or inability to use, this Website, or any material appearing on this Website, or from any action or decision taken as a result of using this Website or any such material;
- fair wear and tear to the Products;
- incorrect installation
- installation or use of the Products other than in accordance with:
- New Zealand Laws;
- any applicable specifications of the manufacturer of the relevant vehicle to which the Product is being installed;
- improper use, such as (among other things) using the Products:
- other than for the purpose for which it is intended to be used, including but not limited to:
- use for formal or informal competitive events, such as racing, rallying, hill climbing, speed trials or similar activities; or
- use in underground mining or other highly corrosive environments.
- in an unusual or negligent manner, including but not limited to circumstances that result in unacceptable load on the Product or the vehicle or its component parts;
- with improper modifications or alterations; or
- improper repair or maintenance or failing to repair and maintain;
- Acts of God, terrorism, vandalism, collision, road hazards or other adverse conditions.
10. Your use of this website
You warrant that:
- all information and data provided by you to us through the Website (including as part of the customer registration process) or otherwise is accurate and complete;
- you have and will comply with all relevant laws relating to your use of this Website and your placement of any order to us;
- you will ensure that any login and password that is used to access the Website and the details of your account is kept in a safe and secure manner; and
- you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account.
You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval in each case.
We may provide you with an account login to verify your identity when using parts of this website. You must ensure that your account details are complete and accurate when submitted to us. You must ensure that your account details are secure and not disclosed any third party. Where you provide personal information to us, we will not use or disclose your personal information except to verify your identity or otherwise in accordance with Bapcor’s Privacy Policy the Privacy Act 2002.
Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.
11. Intellectual property
The materials displayed on this website are protected by copyright and intellectual property laws. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through this website belong to us or to our licensors.
12. Website Analysis Tools
We use a tool to collect information such as the number of daily visitors and page request. This information gained is aggregated and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
This website may use cookies. To use this Website you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
13. Hyperlinks and third party websites
This website may provide links to sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.
14. General
- We amend these Terms from time to time. Every time you wish to purchase products from this Site, please check these Terms to ensure you understand the terms that apply at that time.
- We reserve the right to add to, modify, suspend, or remove this Website or any information or feature incorporated in this Site (including, without limitation, products, prices, product appearances specifications and offers) at any time and without notice.
- If a term of these Terms is held to be unenforceable, that term may be severed from these Terms without affecting the enforceability of the remaining terms.
- These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.
