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Introduction
Fortyone Automotive is importer and retailer of performance car parts. Whilst we work closely with the brands we represent, we control only a very small portion of the importation process. As such and as infrequent as it is, order issues do occur resulting in delays. Please bear this in mind when ordering - the Terms and Conditions are used to outline the purchasing and importing process and what you can expect as a result. In particular we will help you to understand delays once an order is submitted. Once read and understood, these Terms and Conditions can significantly reduce order issues and assumptions. You should certainly contact us first if you have any questions, we are more than happy to clarify anything below.
Acceptance
By using Fortyone Automotive Limited's services you are indicating that you have read, understand and accept these Terms and Conditions.
Time Frames
Because of the recession of 2007-2010, the majority of brands overseas now operate on a strict made-to-order basis. Made-to-order means items are not in stock and all items are manufactured by the brands to the brands own manufacturing schedule. You accept that all products are considered out-of-stock and made-to-order.
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 6 months for air freight services. You accept that the total time frame to deliver your products is 12 months for ocean freight services. This allows time for even the largest, custom made items to be produced to order and delivered to your door and factors in delays which cause items to miss our 6-monthly containers (as at 1/1/2011)
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.
It is your responsibility to contact us prior to completing every order especially if an order is time critical. We will always try to resolve any delay to get any product sent as efficiently as possible.
Use of Services
You may only use Fortyone 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. You shall not use any information, goods or services if you are not legally entitled to do so.
Order Changes
You accept that if an order change is granted and you replace a product with an alternative product that the delivery timeframe begins again.
Order Process
All orders are submitted within 2 days of receiving your payment to the respective brands overseas. We always pay all accounts with the brands overseas instantly - we do not use credit. From this point on, the brands overseas control the manufacturing, shipping and timing of the delivery of parts. Your parts are collated or made to order. Once your order is ready, the parts ship from the brands themselves, or, are sent overland to our shipping depot in Japan and the USA (1 day transit) from where they are sent out. We either 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.
Payment
On-line payment is handled over HTTPS with DPS Limited using secure 128bit Encryption. At no time do we 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: Westpac Lower Hutt
Account Name: Fortyone Automotive Limited
Account Number: 03 0502 0580762 0000
Bank Code: WPACNZ2W
Lay-Buy
A 20% deposit is required for all Lay-Buy purchases. 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 - pending approval from Fortyone Automotive Limited. Although we time products to be in stock upon completion of the Lay-Buy we do not guarantee this. 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 any international order where there are obvious pricing errors either in the item cost or shipping cost. We reserve the right to cancel orders if an item cannot be shipped using your desired shipping choice, for any reason. A full refund is always offered for items which cannot ship, or for orders which cannot ship. You may be required to pay local Customs charges at your border.
For some countries, there are size restrictions on the items, and whilst the items can ship, often shipping is more than quoted as a result. We will notify you first to confirm that you wish to proceed with the order. It is your responsibility to check with us first, to see if an item can ship to you and at what cost in all instances.
Lead Times
A Lead Time is a delay caused when items ordered are not in stock and need to be manufactured. All products from Apexi or Trust / Greddy have a 6-8 week lead-time. Toda Racing and Bride seats have a lead time of 2 weeks minimum. Custom colors / sizes for any product normally adds 4-8 weeks minimum. Items already in stock with these brands do ship quicker. Other typical lead-times include Body Kit items (2-4 weeks) and carbon fiber products (4-6 weeks).
It is your responsibility to confirm with us prior to ordering what (if any) delay can be expected especially if you choose to use our containers 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. We will still use the shipping method chosen once the part is ready.
Warranty / Guarantee
Unless otherwise specified there is no Warranty provided for parts used for race or off-road use. All parts are supplied for on-road use only. You understand that you accept all risk when using your parts for race or off-road use.
All parts sent to you from Fortyone Automotive Limited will be in brand new condition unless otherwise agreed.
Modification to parts sold by Fortyone Automotive Limited will void any warranty and right of return. All parts sold by Fortyone Automotive are guaranteed authentic.
You must check all parts sent to you by Fortyone Automotive Limited before using. You may only use the parts sent by Fortyone 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 and / or fail as a result of such incorrect installations may 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 item used without legal certification will void any warranty. Again - you must be absolutely sure prior to using the product that it is the item you ordered and it is the correct item for your application.
Privacy
You are the dictator of your own privacy level. When ordering goods we automatically create an account for you if one does not exist. This is so you can return and print or view your previous order history and so that we can update you each time with your order's progress. It is also a requirement under New Zealand tax law that we keep your invoices available. 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 only cover the "time in transit" only, once the shipping company has received the products. They do not include delays either side of being shipped.
EOM (End of Month) Shipments are not guaranteed and if an item is delayed or needs to be made to order, it 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.
Order Tracking
Fortyone Automotive Limited works 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. Order updates come from overseas and unfortunately despite best efforts, mistakes and misinformation occur.
We do not automatically receive tracking numbers from the companies we work with although we do always ask (and ask again, and again!).
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.
Typically, parts in stock in Japan ship within 3-7 days.
Annual delays (where orders attract a 1-7 day delay, minimum) include Thanks Giving (USA), (December / January) Christmas / New Years, Summer Holidays (USA / Japan) and 4th July (USA). Extra consideration to order delays should be factored in when ordering at these times.
Container shipments are subject to frequent and long delays. We only ever estimated the best ETA and ETD, and at least 8-12 weeks minimum should be factored in after the ETA as a window within which the container will arrive at the earliest.
Acts and Returns
You are covered by 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 Fortyone Automotive Limited have very limited rights under these Acts so please read them carefully.
Goods that "don't take your fancy" upon arrival or that you "no longer need" do not entitle you to an automatic right of return. Goods that are delayed do not automatically entitle the buyer to a refund unless a condition under the Consumer Guarantees Act cannot be fulfilled. A restocking fee of 25% is charged if a return is accepted and this will be deducted from the total refund amount. We will happily address issues with an item that we import incorrectly for you, or that is found to be defective.
Quick Insurance
Quick Insurance is provided by Fortyone Automotive Limited. If an issue occurs with your product, we evaluate the claim ourselves. We adhere to the Consumer Guarantees Act and New Zealand law. If your claim is accepted we will provide you with options to remedy the issue.
Quotes
Quotes are valid for 1 week only from the date of issue. Payment of a quote after this period may result in additional costs being requested to be paid for.
Stocked Items
Unless otherwise stated, items are not in stock and are made-to-order only. Items listed as being in stock should be confirmed with us first prior to ordering so that we can give more accurate delivery timeframes. Because of the different environments in which we sell our products, we cannot keep the stock system up to date all of the time. You agree that we cannot be held responsible for stock number errors on our web site.
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 new certification. Lastly we suggest proper research be carried out before placing an order for parts to check that the item you are buying is legal, safe, desired 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 and you are happy with said product. 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 Fortyone 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 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 Obligation To Us
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. We will 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 all cases to confirm your ordered items are current and correct. When ordering a part you accept that you have performed all the research required and that the part you are ordering fits the needs that you have established, and that you alone are happy with your purchasing choices. You should not order the part unless you have performed all research to ensure that the part you are ordering is absolutely correct. We accept no responsibility for your buying preferences.
Last Updated: 28/01/2012
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