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41 Automotive Limited Terms and Conditions

Introduction

41 Automotive Limited is importer, exporter and retailer. Whilst we work closely with the brands we represent and whilst pre-sales is very simple, we control only a very small portion of the post-sales process. Product delays do occur - such as no stock, long lead-times, items being made to order to the brand's own schedule, shipping delays and so on. Please bear this in mind when ordering - the Terms and Conditions are used to outline what you can expect.

Overview

  • All products are considered made-to-order and out-of-stock. This implies initial waits and delays.
  • Lead-times, delays and waits - and updates of such lead-times, delays and waits - are typical and do not automatically entitle order cancellations.
  • Shipping timeframes, ETA's and ETD's are not guaranteed and are only ever estimates.
  • Shipping timeframes represent time in transit, not the total order timeframe.
  • A reasonable timeframe for delivery must factor in the all information contained herein.

    Acceptance

    By using 41 Automotive Limited's services, ordering any item in any manner or forming dialog with us, you are indicating that you have read, understand and accept these Terms and Conditions.

    Time Frames

    All items ordered must be considered made-to-order and out of stock. You accept that although typical orders take less than 3 weeks to be delivered to your door, the maximum wait time for any product to be delivered to your door is 18 months for air freight or ocean freight services. This allows time for even the largest, custom-made or rare items to be produced and delivered.

    You accept that any information relating to departure timeframes, arrival timeframes, expected manufacturing dates or any other kind of timeframe given is an estimate only and is never guaranteed.


    Use of Services

    You may only use 41 Automotive Limited's services if you are legally allowed to do so. No warranty is provided on information, services or goods if the manner in which you use our information, services or goods is illegal.

    Order Process

    All orders are submitted within 2 days of receiving your payment to the respective brands overseas. You have a 24hr automatic right of cancellation, no questions asked. Brands overseas manually invoice and accept payments which adds an initial wait time. From this point, the brands overseas control the manufacturing, shipping and timing of the delivery of parts. Once your order is ready with the brands the parts ship from the brands themselves, or, are sent overland to our shipping depot in Japan and the USA from where they are sent. We clear the shipment in the air (Fedex / DHL) or clear it upon arrival into the country (NZ Customs / NZ Post, USPS, EMS). Once cleared, the products come direct to us. We check all orders against receipts, and inspect all products prior to sending them out to you.

    We do our best to update you at the important steps but as we do not control the information flow from the brands, this can be sporadic.


    Payment

    On-line payment is handled over HTTPS with DPS Limited using secure 128bit Encryption. We never store your Credit Card details. Goods and / or services will not be provided until payment has been received in full.

    If you pay using bank-to-bank transfer the details you need are below:

    Bank and Branch: ASB
    Account Name: 41 Automotive Limited
    Account Number: 12 3493 0064347 00
    Reference: Your Name
    Bank Code: ASBBNZ2A

    Lay-Buy

    All Lay-Buys must be paid off in full before you receive any products. You can have more than one Lay-Buy at any one time. Although we time products to be in stock upon completion of the Lay-Buy we do not guarantee this. Large laybuys or items that are rare or have long initial waits may attract a delay even when the laybuy is complete. To lessen our risk, we do not order any item on laybuy until the majority has been paid off. Lay-Buys are interest and fee free. Products on Lay-Buy are subject to all other Terms and Conditions of service.

    International Orders

    We reserve the right to cancel orders if an item cannot be shipped using your desired shipping choice. We may provide alternative solutions. A full refund is always offered for orders that cannot ship.

    If shipped internationally, you accept that you will cover local costs at your border unless we state otherwise.


    Lead Times

    A "lead time" is a delay caused when items ordered are not in stock and need to be manufactured. Typically, exhaust items have 2-3 month lead times. Apexi electronics often have a 6-month lead time. Body Kits are typically a 3-5 month wait and GT kits 6-9 months. Titanium, carbon and exterior items have a 3 month lead time if not in stock, minimum. Custom colors / sizes for any product normally adds 2-3 months lead time on top of any other lead-time. Items already in stock with brands do ship promptly - often within 4 days. In general, most items are made in batches at specific times each month (or every quarter, typically), which can cause long initial waits. For more information, please read our leadtimes section.

    It is your responsibility to confirm with us prior to ordering what (if any) delay can be expected as lead-times can cause shipments to miss the estimated departure date. We accept no responsibility if a part you have ordered cannot ship if the lead-time supersedes the departure date of the shipping method chosen. If delayed, we still use the shipping method you choose on the next scheduled service. This can cause a lengthy wait if you use container shipping. We do no guarantee any brand's estimated production or delivery schedules as these can change for reasons beyond our control.


    Warranty / Guarantee

    Unless otherwise specified, we will warrant non-consumable parts for 1 full year from the date of purchase. However, some brands only warrant items for "race or off-road use only". In this case, we will warrant that same item for race or off-road use only also. You accept that you have read the original manufacturers warranty policy. If you have any questions please email us prior to ordering.

    All parts sent to you from 41 Automotive Limited will be in brand new condition unless otherwise agreed. Modification to parts sold by 41 Automotive Limited will void any warranty and right of return. All parts sold by 41 Automotive are guaranteed authentic - we never have nor ever will sell replica, fake or styled products.

    Any warranty claim requires the item to be shipped back to ourselves, prepaid by yourself. If a claim is accepted, this cost will be refunded.

    You must check all parts sent to you by 41 Automotive Limited before using. You may only use the parts sent by 41 Automotive Limited after you are certain they are the correct parts that you have ordered and that they are fit for their intended purpose. Products that are installed incorrectly, installed yet are incorrect for your need or fail as a result of incorrect installation will not be warrantable. We recommend using a professional qualified mechanic to install all parts.

    In many instances, you may only legally use the products once legal certification has been issued. Any product used without its required legal certification will void any warranty.


    Auctions / Used Items

    We provide the ability to bid for you and ship new or used items from Yahoo auctions Japan. You accept that we are not retailing the part ourselves nor endorse any product or information, and that we cannot be held responsibile for any information or product quality what so ever. You accept that as we are not the retailers of the items we bid on for you, that no warranty or guarantee applies on any auction item. You accept the final buying decision and acceptance of risk is yours alone. You accept that if a seller does not complete the sale then you cannot claim against 41 Automotive Limited the cost of the auction item including Auction fees. These may include - but are not limited to - auction sale price, 10% Yahoo auction fee, bank fee, inland shipping fee and transaction fee. We will refund our cost of shipping and our fee on any item not delivered by the seller. We will always do our best to assist with the refund process but you accept the risk is entirely yours.

    Items won at auction require individuals to send to our Japanese depot. This can take between 2 days to 2 weeks typically. Where applicable, all other Terms and Conditions outlined here apply to auction / used items.

    If you beleive the risk is too high, the seller has significantly high negative feedback or that it is likely that the part or information supplied is not genuine or correct then we recommend avoiding your desired auction entirely.


    Privacy

    You are the dictator of your own privacy level. It is also a requirement under New Zealand tax law that we keep your invoices available and visible to you. We use the details you supply us to contact you if there is an issue with your order. There is no obligation to log in at any point and you can use our site anonymously. We will never pass on your information to anyone else, ever.

    Shipping

    All shipping durations given are not guaranteed and any shipping duration given is always an estimate only. The shipping durations quoted cover the "time in transit" only, once the shipping company has received the products. They do not include delays either side of being shipped. We will always use your chosen shipping method even if there is a delay.

    If a particular shipping method is chosen but cannot be used when transit is being arranged, we will use the most appropriate alternative shipping method to ship your order (i.e. if an item is too large for DHL Air, we will use USPS Air) if it exists. If not, we will notify you of options prior to shipping. You accept that we cannot be held responsible for a product being over the limits of the shipping service chosen. Items that cannot ship for what ever reason do not entitle you to an automatic refund or cancellation. We will revert to using which ever service is available at our discretion.

    Items ordered with EOM (End of Month) shipping will ship at the end of the month in which it is ready. If an item is ready later than one week prior to the end of the month, it will ship at the end of the next month. If an item is delayed, it will still ship at the end of the month in which it is ready.

    Order Tracking

    We work on a fact basis only. We will pass on shipping updates as they come to hand. We try to reduce speculation by only passing on factual information. You accept that we cannot be held responsible for order tracking errors, delays or corrections. Order updates come from overseas and unfortunately despite best efforts, mistakes, updates, delays and corrections occur.

    We do not automatically receive tracking numbers from the companies we work with although we do always ask (and ask again, and again!).

    Tracking numbers do not guarantee delivery. On rare occassions, brands can misplace or forget to ship some items yet pass on tracking details. Brands can also missend shipping details. Again - do not plan to do anything with your order until the correct parts have been received and checked.

    Delays

    We do our best to mitigate typical importing delays. It is your responsibility to check with us first prior to ordering to confirm stock and / or availability. When using any form of shipping please consider that due to International time differences, holidays, bank closures, parts being made to order, weekends, staff illnesses, race meets, events, shows, Customs clearance, MAF inspections, order-rerouting, freight schedules, freight space, lead-times, manufacturing errors and other unforeseen delays that orders can be held up at any stage of the process.

    Annual delays (where orders attract a 1-2 week delay or greater) include Thanks Giving (USA), (December / January) Christmas / New Years, Summer Holidays (USA / Japan) and 4th July (USA) and Golden Holidays. Extra consideration to order delays should be factored in when ordering at these times. Check both the Japanese holiday schedule and the USA holiday schedule if in doubt. Tokyo Auto Salon and Sema normally attract a 2-3 week delay in orders annually.

    Container shipments are subject to frequent and long delays. We only ever estimated the best ETA and ETD and at least 2-3 months minimum should be factored in after the ETA or ETD as a window within which the container will ship. This is because we often do not know routes that shipping agents take for each shipment (which adds weeks if via Asia / Australia) and that there is often not a vessel leaving precisely on the departure date shown.

    Item Inspection

    Where applicable, we will check the contents of all items ordered upon arrival at our New Zealand site to ensure no transit or factory damage has occured. You grant us permission to inspect all items upon arrival for this purpose.

    Acts and Returns

    You are covered by (amongst others) the Consumer Guarantees Act, Fair Trading Act and Parallel Importing Act and we adhere strictly to the conditions outlined in these Acts. Businesses that purchase from 41 Automotive Limited have very limited rights under certain Acts so please read them carefully. Any customer should know and understand their rights - it really helps if there's something awry!

    Goods that "don't take your fancy" upon arrival, that you "no longer need" or goods that are delayed do not entitle you to an automatic right of cancellation. We will happily address issues with an item that we import incorrectly for you, or that is found to be defective. If damage is detected on any newly received item, we will notify you and perform your and our rights under the Consumer Guarantees Act. If you accept a replacement or repair, these will be subject to their own new timeframes and all Terms and Conditions apply to this new timeframe.

    Quick Insurance

    Quick Insurance is an additional service provided by 41 Automotive Limited. If an issue occurs with your product, we evaluate the claim ourselves rather than handing it to our insurers. If your claim is accepted we will provide you with options to remedy the issue - typically within one week. Normal insurance follows industry practice and as we are at the whim of our insurers, this can indeed take months to settle!

    Risks

    To lessen the risk of a product malfunction or a part being incorrect, we strongly recommend you have the parts installed by a professional qualified mechanic and recommend that you research the part in full prior to ordering. We also suggest that you check to see if the addition or removal of parts voids any warranties or requires certification. We suggest proper research be carried out before placing an order for parts to check that the item you are buying is legal, safe and correct for your needs. We also strongly recommend, in order to reduce anxiety and cost, that you do not schedule work relating to the product(s) ordered until the correct product has arrived in your hands. You accept that we are not responsible if an order's arrival superceeds any scheduled work.

    Amendment

    We reserve the right to amend these Terms and Conditions as required. It is your responsibility to ensure these Terms and Conditions are read, agreed to and fully understood prior to using any service provided by 41 Automotive Limited.

    Web Site Content

    We will do our very best to provide you with up-to-date information. We cannot guarantee the accuracy or timeliness of the information contained within this site because of the shifting prices and descriptions of automotive goods, foreign exchange rates, human error and changing product lines. We reserve the right to cancel orders that contain obvious pricing errors. Images used on this web site are for reference only and may differ from actual product.

    Your Duty

    It is up to you when placing your order to re-check all your order details to ensure they are completely correct, to the best of your knowledge. This includes checking that the product suits your make, model, chassis and revision / class / model / variant. We also stress that you contact us prior to completing your order to confirm expected wait times for items to be delivered to you. We recommend that you contact us first in any case to confirm the items you intend to order are correct for your needs. When ordering a part, you accept that you have performed all the research required including reading the original manufacturers product notes, technical documentation, instructions and warranties and that the part you are ordering fits the needs that you have established, and that you alone are happy with your decision. We accept no responsibility for your buying preferences. We cannot be held responsible for third-party information influencing your buying decision.


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