Tyregrow Limited
Invoicing Email: accounts@tyregrow.co.nz
Effective: Upon acceptance of any quote, order, rental agreement, or service request by Tyregrow Limited.
Authorised Representative means any person authorised in writing by Tyregrow to accept orders or vary these Terms.
Contract means the contract for sale, rental, or supply of Services formed when Tyregrow accepts a Customer’s order in writing.
Customer means the person, firm, or company buying or renting Goods or acquiring Services from Tyregrow.
Goods means all products, parts, tyres, equipment, or other items supplied by Tyregrow.
Rental Period means the period from delivery or collection of rented Goods until return or recovery by Tyregrow.
Services means any services supplied by Tyregrow including preventative maintenance, inspections, repairs, and related work.
Preventative Maintenance Contract means a written contract and schedule describing Services to be provided.
Working Hours means 8:00am to 5:00pm Monday to Friday excluding public holidays in New Zealand.
Terms means these Terms and Conditions.
These Terms apply to all quotes, orders, rentals, and Services supplied by Tyregrow unless varied in writing and signed by an Authorised Representative.
By placing an order or accepting delivery, the Customer accepts these Terms.
All orders are offers to purchase, rent, or acquire Services and are accepted only when confirmed in writing by an Authorised Representative.
No variation is binding unless agreed in writing by an Authorised Representative.
In most cases, orders will be processed and dispatched within 72 hours unless otherwise advised.
Prices are Tyregrow’s quoted prices.
Unless otherwise stated, prices are ex-works and exclude freight, packaging, insurance, GST, and any applicable duties or taxes.
Tyregrow may increase prices to reflect cost increases beyond its control.
Payment is due on the 20th day of the month following the date of invoice (or the next business day if that date falls on a non-business day), unless otherwise agreed in writing.
Payment is only deemed made when cleared funds are received.
If payment is not made by the due date, Tyregrow may:
Charge interest at 1% per month (or the maximum lawful rate);
Suspend further deliveries or Services; and
Recover all costs (including solicitor-client legal costs) incurred in recovering overdue amounts.
The Customer must not withhold payment or set off any amount without Tyregrow’s prior written consent.
Tyregrow may impose or vary a credit limit at its sole discretion without notice.
If the credit limit is exceeded, Tyregrow may refuse to supply Goods.
If Tyregrow considers the Customer’s credit unsatisfactory, it may require security for payment.
Delivery is by collection from Tyregrow’s premises or delivery to the agreed location.
Risk in Goods passes to the Customer upon collection or delivery.
The Customer must inspect Goods upon delivery and notify Tyregrow in writing of any defect, shortage, or discrepancy within 3 days.
Failure to do so constitutes acceptance of the Goods.
Title to Goods remains with Tyregrow until full payment of all amounts owing.
Until title passes:
The Customer holds Goods as fiduciary bailee;
Must keep them separate and insured; and
Must not grant any security interest over them.
If the Customer fails to take delivery, Tyregrow may store the Goods at the Customer’s risk and cost, or sell or dispose of them.
Damaged or faulty Goods may be returned freight free.
All return claims must be made in writing within 5 working days.
A 10% handling charge applies to returns.
No cash refunds.
Clearance Goods are non-refundable.
No returns after 30 days.
Goods that have been fitted cannot be returned.
The Customer grants Tyregrow a security interest in all present and after-acquired Goods and their proceeds.
The Customer must assist Tyregrow to register its security interest on the PPSR and must pay reasonable registration costs.
To the extent permitted by law, the Customer waives the right to receive verification statements.
Upon Default, Tyregrow may exercise all rights under the PPSA, including entry onto premises to recover Goods.
Rental terms, charges and conditions will be set out in writing.
The Customer must:
Take reasonable care of rented Goods;
Maintain insurance;
Return Goods in good condition (fair wear excepted).
The Customer indemnifies Tyregrow for loss, theft, or damage.
Late return incurs additional charges.
Services under a Preventative Maintenance Contract will be provided as scheduled.
The Customer must:
Provide safe access;
Provide suitable working conditions;
Comply with safety requirements.
Annual contracts renew automatically unless notice is given.
Additional charges apply outside Working Hours.
If the Customer is a consumer, the Consumer Guarantees Act 1993 applies.
If acquired for business purposes, CGA guarantees may be excluded.
Tyregrow’s liability is limited to the lesser of:
The price paid for Goods; or
The amount paid for Services.
Tyregrow is not liable for consequential or indirect loss.
The Customer indemnifies Tyregrow for losses arising from misuse or breach.
Tyregrow warrants Goods are of merchantable quality.
If defective, Tyregrow may repair, replace, or refund at its discretion.
Manufacturer warranties may be passed on where applicable.
Default includes non-payment, insolvency, or material breach.
Tyregrow may suspend supply, repossess Goods, or terminate the Contract.
Tyregrow may collect personal information for credit assessment and debt recovery.
The Customer authorises Tyregrow to conduct credit checks.
Tyregrow is not liable for delays beyond its control.
Notices must be in writing and may be delivered by post, hand, or email.
Tyregrow may assign its rights. The Customer may not without consent.
These Terms are governed by the laws of New Zealand.
The parties will attempt good faith resolution and consider mediation before court proceedings.
By signing a credit application, placing an order, or accepting delivery, the Customer agrees to be bound by these Terms.
Tyregrow Limited
Invoicing Email: accounts@tyregrow.co.nz