Terms of service
TERMS OF TRADE SALES AND SERVICING
Last Updated: 29th August 2025
These Terms of Trade (Terms) apply to any supply of goods or services (Goods and Services) to a customer (you, your) by Wanaka Powersports Limited (we, us, our). These Terms include any written quote from us (Quote) for those Goods and Services.
1. ACCEPTANCE
1.1. You accept these Terms by engaging us to supply the Goods or Services, or paying any deposit or other amount. These Terms prevail over any purchase order or other communication, unless we agree otherwise.
2. DEPOSIT
2.1. We may require you to pay us a deposit for the Goods and Services. Such deposit is payable upon receipt of an invoice or as otherwise notified by us.
2.2. If the sale is completed, we will apply the deposit against the total purchase price. If you pay a deposit but the transaction is not completed for any reason (except fault on our part), we will use reasonable endeavours to repurpose any Goods. Any deposit is non-refundable unless we decide otherwise (e.g. where we repurpose the Goods). Any deposit for electrical goods or indented orders is non-refundable.
3. QUOTATION
3.1. Any quote for Goods and Services will be valid for 30 days from the date of the quote, unless we withdraw it before acceptance.
3.2. Where no quote is provided, the price for the Goods and Services will be calculated on a time and materials basis.
3.3. We reserve the right to charge you additional amounts if:
(a) you request alterations to the specifications for the Goods and Services; or
(b) we incur costs in obtaining components or services for the Goods and Services.
4. WARRANTY
4.1. We warrant that we will carry out the Services in a good and workmanlike manner using reasonable skill and care. We will use reasonable endeavours to meet any estimated timeframe for supply of the Goods and Services.
4.2. We may use and integrate the work of contractors or third parties in supplying the Services. We are not responsible for the performance of a contractor or third party where you instruct us to use a contractor or third party.
5. PAYMENT
5.1. We will invoice you for any amounts due before we supply any Goods and Services to you, unless otherwise agreed in writing by us.
5.2. Subject to clause 5.3, you must pay any invoice before the Goods and Services are supplied to you.
5.3. We may offer payment terms to you on account by direct credit up to an approved limit for parts, accessories and services. All payments must be paid in full no later than the 20th of the month following the month to which the invoice relates. We may revoke such altered payment terms at any time by giving you notice in writing in which case any outstanding payments owed by you will be payable by you upon demand by us.
5.4. You must pay all amounts that are due and payable under these Terms in full and without set-off or deduction of any kind.
5.5. If any payment is not made by the due date, we may charge default interest at the rate of 15% per annum (calculated daily from the due date until we receive payment in full) and may apportion payments to outstanding accounts as we see fit.
5.6. If you dispute any invoiced amount, you must pay any undisputed amount and notify us of the dispute within 10 days of the due date.
6. COLLECTION
6.1. If you do not collect any ordered Goods within 30 days of the Goods arriving in store, we reserve the right to invoice you for the remaining cost of the Goods.
6.2. If you do not collect the Goods within a further 30 days from the date of the invoice for the outstanding price of the Goods, you will forfeit the Goods to us and we may deal with the Goods in our discretion (including selling those Goods to others). If you forfeit any Goods, we may provide you with a store credit for any amount paid, valid for 12 months.
7. RISK, TITLE & SECURITY
7.1. Risk in the Goods and Services passes to you on the earlier of delivery and when title passes to you under 7.2.
7.2. Ownership and title in the Goods and Services, or any proceeds from on- sale of the Goods, will not pass until you have paid us in full for the Goods and Services and all other sums due to us on any account whatsoever.
7.3. You acknowledge that these Terms may constitute a purchase money security interest in any Goods supplied in favour of us. We may at any time register a financing statement on the Personal Property Securities Register to protect our security interest in the Goods.
7.4. You agree to:
(a) waive any right to receive a copy of any financing statement, financing change statement or verification statement; and
(b) sign any documentation that we may reasonably require to register a financing statement or financing change statement.
8. ONLINE ORDERS
8.1. You are responsible for ensuring that all information provided by you in relation to your order is accurate, complete and up to date. We do not accept any liability for inaccurate data entry by you in ordering products through our website.
8.2. The cost of delivery is calculated at the time of ordering, in accordance with our shipping policy at [www.wanakapowersports.com/shipping-policy].
8.3. Your order is not confirmed until accepted by us. An order confirmation email will be sent to you once your order has been accepted. We reserve the right to withhold, cancel or refund any online order for any reason including, but not limited to, availability, pricing errors, or suspected fraud.
8.4. Please take your time choosing your online purchases as we are unable to modify your order after it has been confirmed by us.
8.5. No order will be accepted for delivery outside New Zealand.
8.6. All Goods appearing on our website are subject to availability at the time the order is placed. In the event there is a stock discrepancy, we will notify you as soon as reasonably practicable.
9. REFUND AND EXCHANGE POLICY
9.1. All refunds, returns and exchanges for purchased Goods and Services are subject to these Terms and the conditions outlined in our Refund and Exchange Policy, available at: [www.wanakapowersports.com/refund-and-exchange-policy].
10. LIABILITY
10.1. To the extent permitted by law, our liability is limited to the lesser of:
(a) the price of the relevant Goods and Services;
(b) the cost of completing any necessary repairs/remedial work; and
(c) the actual loss or damage suffered by you.
10.2. If any Goods and Services are defective:
(a) you must notify us in writing within 10 working days after delivery; and
(b) we may, in our absolute discretion, repair, replace or re-perform any defective Goods and Services, or refund the amount paid for those Goods and Services.
10.3. To the extent permitted by law, we will not be liable for:
(a) any indirect, consequential or economic loss or damage, or for any loss or profit, data revenue, production or opportunity;
(b) any defective workmanship of Goods or Services supplied by any other person; or
(c) any defect, delay or failure to supply the Goods and Services due to any circumstances beyond our control.
10.4. Except as set out in these Terms, we exclude (to the extent permitted by law) any and all conditions, guarantees, warranties or representations that might otherwise be implied by law, trade, custom or otherwise. In particular, we exclude:
(a) all implied terms, conditions and warranties contained in the Contract and Commercial Law Act 2017; and
(b) the guarantees contained in the Consumer Guarantees Act 1993, where you acquire Goods and Services for business purposes in terms of sections 2 and 43 of that Act.
10.5. You acknowledge that you are responsible for arranging your own insurance and that the Goods are at your own risk from when you take delivery of the Goods.
11. CANCELLATION OR TERMINATION
11.1. Any order you make with us for our Services may not be cancelled unless you notify us of your wish to cancel the order in writing and you pay the cost of:
(a) any Services already provided to you up to the date of the notice of cancellation;
(b) any items or materials we have purchased for the order that we cannot reasonably make use of elsewhere, in accordance with clause 2.2; and
(c) any other costs or liabilities we have incurred before we receive the cancellation notice.
11.2. If you breach any of these Terms, or become insolvent or unable to pay your debts when they fall due, we may do any or all of the following:
(a) suspend your account and our provision of Goods and Services;
(b) enter onto any property and repossess any Goods that have not been paid for in full;
(c) require immediate payment of any amounts outstanding;
(d) delay or withhold the supply of any Goods and Services; or
(e) immediately terminate these Terms.
12. PRIVACY
12.1. You authorise us to collect, retain and use information about you from any person for the purposes specified in our Privacy Policy, available at: https:// www.wanakapowersports.com/privacy-policy. You agree we may disclose information about you to any person to the extent required to enable us to exercise any power or enforce any of our rights, remedies and powers under these terms.
12.2. On the cancellation or termination of our engagement with you, we will dispose of any personal information collected by us for the purposes of supplying the Goods and Services. We assume no liability in respect of any personal information we dispose of under this clause.
13. FORCE MAJEURE
13.1. We accept no liability for any defect, loss, damage or delay caused by strike, lockout, damage to or breakdown of plant, government interference, war, storm, fire, flood, riot, explosion, earthquake, epidemic, pandemic, force majeure or any other cause beyond our control.
14. GENERAL
14.1. We reserve the right to sub-contract any part of the supply of the Goods and Services. You must not assign any of your rights or obligations under these Terms without our written consent.
14.2. You must pay any and all costs incurred by us (including legal costs, as between solicitor and client) in the enforcement or attempted enforcement of any of our rights, remedies or powers under these Terms.
14.3. If any of these Terms are held to be invalid, void, unenforceable or illegal for any reason, such provision will be severed from these terms and the remaining provisions will continue to apply.
14.4. A failure or delay by us in enforcing a right under these terms is not a waiver of that right. Any waiver must be in writing and signed by us.
14.5. These Terms contain the entire agreement between you and us, and supersede all other understandings or arrangements relating to its subject matter.
14.6. We may update these Terms at any time and the updated Terms will apply to any Goods and Services supplied after that date.
