Terms Condtions

TERMS AND CONDITIONS OF TRADE

YS Auto Limited (New Zealand)

1.Definitions

Company means YS Auto Limited.

Customer means any person or entity purchasing Goods from the Company.

Goods means all products supplied by the Company including lubricants, automotive

parts, equipment and related products.

PPSA means the Personal Property Securities Act 1999 (NZ).

2.Acceptance

2.1 These terms apply to all Goods supplied by the Company.

2.2 The Customer is deemed to have accepted these terms when:

  • placing an order;
  • accepting delivery; or
  • making payment for Goods.

2.3 No variation of these terms shall be binding unless agreed in writing by the Company.

3.Price and GST

3.1 Prices are exclusive of GST unless stated otherwise.

3.2 The Company may adjust prices prior to delivery to reflect changes in supplier pricing,

freight, duties or exchange rates.

4. Payment Terms

4.1 Unless otherwise agreed in writing:

  • Credit accounts: Payment due 20th of the month following invoice date.
  • Non-approved customers: Payment due prior to delivery.

4.2 Time for payment is of the essence.

4.3 The Customer may not withhold or set off payment without written agreement.

5.Default and Interest

5.1 Overdue amounts shall incur interest at 2.5% per month, calculated daily and

compounding monthly.

5.2 The Customer shall indemnify the Company for all costs of recovery including:

  • legal costs (solicitor-client basis)
  • debt collection fees
  • administration charges

5.3 The Company may suspend further supply if any account becomes overdue.

6.Delivery and Risk

6.1 Risk passes to the Customer upon delivery.

6.2 Delivery times are estimates only and are not essential terms.

6.3 The Company is not liable for delays outside its reasonable control.

7. Retention of Title (Romalpa Clause)

7.1 Ownership of Goods remains with the Company until full payment of all monies owed

by the Customer.

7.2 Until ownership passes, the Customer:

  • holds the Goods as bailee for the Company;
  • must store them separately and identifiable;
  • may resell in the ordinary course of business.

7.3 The Company may repossess unpaid Goods without notice if the Customer defaults.

8.PPSA

8.1 These terms constitute a security agreement under the PPSA.

8.2 The Company holds a purchase money security interest (PMSI) in all Goods supplied

and their proceeds.

8.3 The Customer must:

  • provide all information required to register a financing statement;
  • not register a competing security interest without consent.

8.4 The Customer waives the right to receive a verification statement under section 148

of the PPSA.

9.Claims and Returns

9.1 Any claim for shortage or defect must be made within 7 days of delivery.

9.2 Returned Goods must be approved in writing by the Company.

9.3 A restocking fee may apply to non-defective returns.

10. Limitation of Liability

10.1 To the maximum extent permitted by law:

  • The Company’s liability is limited to replacement or refund of the Goods.
  • The Company is not liable for indirect or consequential loss.

10.2 Where Goods are supplied for business purposes, the Customer agrees that the

Consumer Guarantees Act 1993 does not apply.

11.Force Majeure

The Company shall not be liable for failure or delay caused by events beyond its

reasonable control including natural disasters, supply chain disruption, government

action, or industrial disputes.

12.Cancellation

12.1 Orders may not be cancelled without written consent.

12.2 The Company may cancel supply if the Customer breaches these terms.

13.Privacy

The Customer authorises the Company to collect and use personal information in

accordance with the Privacy Act 2020 for credit assessment and debt recovery purposes.

14.Governing Law

These terms are governed by the laws of New Zealand.