Terms and Conditions

OVERTIME TYRES LIMITED – TERMS, CONDITIONS, & POLICIES FOR GOODS & SERVICES

These terms apply to all goods and services supplied by the Business (“Overtime Tires”, “we”, “us”, “our”) to any customer (“Customer”, “Consumer”, or “you”). These terms prevail over any other terms presented by a Customer unless expressly agreed by us in writing.

1. Definitions

In these terms:

“Goods” means all tyres, wheels, tubes, air springs, accessories, and related motor vehicle products supplied by us, including new and second-hand Goods.

“Consumer” and “Customer” means a consumer as defined in section 2 of the Consumer Guarantees Act 1993 (“CGA”).

“Services” means tyre fitting, balancing, alignment, repair, or related workshop services.

2. Acceptance of Terms

By placing an order or making a booking, the Customer is deemed to have accepted these terms.

Any terms on a Customer’s purchase order, email, txt message, documentation, or other method of communication, that are inconsistent with these terms are rejected unless we expressly agree to them in writing.

3. Price and Payment

Prices are subject to change without notice until an order is confirmed.

All prices for Goods and Services are inclusive of GST.

Payment is due:

• • • for Goods, in full at the time of order (unless other payment terms have been agreed by us). Goods may include shipping and other costs;
    • for Services, on completion of the Service(s); or
    • as otherwise directed by us.
    • Payment of all monies will be without set-off or deduction of any kind, other than to the extent the Customer is a Consumer and is entitled to exercise any remedies pursuant to the CGA.

4. Default

Where the Customer has breached any of these terms and conditions, then without prejudice to any of our other rights, we may at our sole discretion:

• • • demand immediate payment of all or any monies owing (whether or not then due);
    • suspend or terminate any trade terms offered to the Customer, including suspending or cancelling without notice the delivery of Goods and provision of services ordered by the Customer;
    • cancel this agreement and any other contract of supply between the parties and pursue any remedy available to us in these terms or at law;
    • require security for such obligations to its full satisfaction before any further supplies are made to the Customer;
    • recover any Goods delivered to the Customer. If required, the Customer agrees to surrender possession of the Goods to us and to do all things reasonably necessary to facilitate their recovery by us, without prejudice to any of our other rights and remedies. We may recover and re-sell the Goods for our own account.

5. Delivery and Stock from Suppliers

The Customer acknowledges that Overtime Tires orders Goods from suppliers and, while we will endeavour to ensure the Goods are received by you within the standard delivery timeframe, the delivery dates are estimates only and we are not liable for any such delays.

Where Goods are shipped from our supplier (to us or directly to the Customer) we are not liable for supplier stock shortages or backorders, supplier defects, or supplier shipping delays. Any such delays or issues will be communicated to the Customer as soon as reasonably practicable.

All risk in the Goods passes to the Customer when the Goods are collected from us or when handed to the carrier for delivery, and any delivery arranged by us is arranged solely as the Customer’s agent. We are not liable for any loss, damage, shortage, or delay while the Goods are in transit.

6. Returns Policy

Discrepancies / defects in Goods received by the Customer must be notified to us in writing within 48 hours of receipt – otherwise, the Goods are deemed accepted by the Customer. We may elect to repair, replace, or refund the Goods at our discretion, subject to the CGA.

Change-of-mind returns are accepted within 7 days for in-store purchases, provided the Goods are:
– unused;
– not mounted or fitted;
– in original packaging (determined at our discretion); and
– accompanied by receipt/proof of purchase.

Change-of-mind-returns will be accepted for online-purchased Goods where the Customer notifies us prior to the Goods being shipped to the Customer.

Acceptance of change-of-mind returns are in our absolute discretion, which shall not be unreasonably withheld.

Unless otherwise agreed by us, tyres (and related products) that have been fitted, mounted, or installed are NOT returnable, even if unused or undriven, due to safety and resale standards.

A restocking fee of 10% of order value (minimum $20 per tyre) may apply.

Return freight is at the Customer’s cost, unless we agree otherwise in writing.

If we accept a change-of-mind return, any refund shall be less the restocking fee and other fees (if applicable), and the refund shall not occur until the goods are returned, inspected, and accepted by us.

7. Second-Hand Tyres Policy

We will endeavour to fully inform the Customer of the condition of second-hand Goods sold and defects (if any), however the Customer acknowledges that all second-hand Goods are sold in an “as is” condition.

We make no representations or guarantees as to tread life, durability, or remaining life expectancy of these second-hand Goods, nor as to their performance, mileage, or suitability, and the Customer ultimately accepts the inherent risks of the second-hand Goods.

We maintain that the second-hand Goods must still be of acceptable quality under the CGA at the time of sale, considering that they are second-hand. Fair wear, age, prior use, or reduced life expectancy are not considered a defect, and the Customer acknowledges that such may be present in second-hand Goods.

8. In-store Services

Customer Responsibility

By booking the Services, the Customer represents that:

• • • their wheels and vehicle are in a condition suitable for us to undertake the Services safely and effectively;
    • they have disclosed any known issues to us in advance of the booking (e.g. rust, corrosion, cracks, damaged studs, stripped threads, bent rims, etc.); and
    • they accept that Services may be refused if unsafe or unable to be undertaken by us – such to be determined in our absolute discretion.

We confirm we are not liable for:

• • • pre-existing defects in wheels, rims, studs, valves, sensors, or vehicle components;
    • damage caused by rusted, corroded, seized, bent, or defective parts; and
    • inability to undertake the Services due to the wheel or vehicle condition.

If fitting requires additional time, effort, or specialist tools due to vehicle or wheel condition, we may charge additional labour fees beyond standard fitting rates.

9. Health & Safety – Right to Refuse Service

We may refuse to fit tyres or work on any vehicle if, in our reasonable opinion:

• • • the vehicle or wheels present a health and safety risk;
    • components are structurally unsafe;
    • parts are excessively corroded, cracked, or damaged; or
    • fitting could cause injury or property damage.

No liability arises from such refusal.

10. Online Bookings & Late Arrivals

If a Customer is more than 15 minutes late, we may, at our discretion:

• • • reschedule the booking to later the same day; or
    • require rebooking for another day.

No-shows may be charged a cancellation or missed appointment fee.

11. Governing Law

These terms are governed by New Zealand law and the exclusive jurisdiction of the New Zealand courts.

12. Severability

If any of these terms and conditions are held by a Court to be ineffective by virtue of non-registration, illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part thereof.