Terms of service

TERMS OF SALE – RACECAR AND CUSTOM ELECTRICAL LIMITED

Supplier Identity

These Terms of Sale apply to all goods and services supplied by Racecar And Custom Electrical Limited (“Supplier”), including goods and services supplied under the trading name Race Shop, whether supplied directly or via the Supplier’s website or e-commerce platforms.

      1. Application

These Terms apply to all goods and services supplied by the Supplier to the purchaser or recipient (“Customer”), including direct sales, online sales, installation, wiring, fabrication, configuration, testing, repair and other related services.

      2. Product Use Classification

Unless otherwise agreed in writing, products supplied by the Supplier are intended for off-road, motorsport or competition use.

The Customer is responsible for determining the legality and suitability of the goods for their intended application.

      3. Product Application

The Customer is solely responsible for determining the suitability of the goods for any specific vehicle, system or use.

The Supplier makes no representation or warranty as to suitability for any particular purpose unless expressly agreed in writing.

      4. Installation and Integration

Where goods are not installed or integrated by the Supplier, they must be installed and configured by a suitably qualified person.

The Supplier accepts no responsibility for installation, integration or system performance where such installation or integration is undertaken by the Customer or any third party.

The Customer is responsible for ensuring appropriate safety measures and system protections are in place.

      5. Compliance

The Customer is responsible for ensuring compliance with all applicable laws, regulations and standards in the country in which the goods or services are used.

      6. On-Supply and Export

If the Customer resells, exports or supplies the goods to any third party, the Customer assumes responsibility for:

  • Compliance with all applicable laws and regulations

  • Product suitability and application

  • Appropriate installation and integration

  • Any claims, damages or liabilities arising from the Customer’s resale, export or onward supply

To the maximum extent permitted by law, the Supplier accepts no liability arising solely from the Customer’s resale, export or onward supply of the goods.

      7. Limitation of Liability

To the maximum extent permitted by law and subject to any liability that cannot lawfully be excluded or limited, the Supplier’s total liability arising from or in connection with the goods or services supplied is limited to the amount paid by the Customer for the particular goods or services giving rise to the claim.

To the maximum extent permitted by law, the Supplier shall not be liable for:

  • Indirect or consequential loss

  • Loss of profit, revenue, business or opportunity

  • Vehicle damage or mechanical failure arising from incorrect installation, configuration, integration, misuse or external faults

  • Personal injury or death arising from use of the goods, except to the extent that such liability cannot lawfully be excluded or limited

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

      8. No Third-Party Reliance

Except where otherwise required by law, no third party shall have any right to rely on the goods, services, specifications, advice or information provided by the Supplier.

      9. Warranty

Goods are supplied with a limited warranty covering manufacturing defects attributable to the Supplier or manufacturer.

This warranty does not cover:

  • Incorrect installation or configuration

  • External electrical or mechanical faults

  • Misuse, abuse or unauthorised modification

  • Accident or impact damage

  • Normal wear and tear

  • Harsh operating conditions outside the intended application

Where the Supplier provides installation, wiring, fabrication or other services, any warranty applies only to defects directly attributable to the workmanship supplied by the Supplier and does not extend to faults caused by third-party components, systems, installation, configuration or subsequent modification.

      10. Business-to-Business Sales and Consumer Guarantees Act

Where the Customer acquires the goods or services in trade and both parties are in trade, the parties agree that the Consumer Guarantees Act 1993 does not apply to the supply to the extent permitted by section 43 of that Act, and agree that it is fair and reasonable for them to be bound by this provision.

      11. Fair Trading Act – Business-to-Business Transactions

Where the Customer and Supplier are both in trade, the goods or services are supplied and acquired in trade, and it is fair and reasonable for the parties to be bound by this provision, the parties agree, to the extent permitted by section 5D of the Fair Trading Act 1986, to contract out of sections 9, 12A, 13 and 14(1) of that Act.

Nothing in this clause permits either party to engage in conduct that cannot lawfully be contracted out of under the Fair Trading Act 1986.

      12. Governing Law

These Terms are governed by the laws of New Zealand.

Any disputes shall be subject to the exclusive jurisdiction of New Zealand courts.

      13. Updates to Terms

These Terms may be updated from time to time.

The version in effect at the time the relevant contract or purchase is entered into applies to that transaction.