These terms and conditions include terms which exclude liability for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to any Goods.

By proceeding with the Trade Program and making orders, Customers acknowledge and agree that they have understood and agree to these terms and conditions.

1 General

1.1 By using their Trade Discount Card, each Customer accepts and agrees to be bound by these terms and conditions and any variations made from time to time to these terms and conditions by Supercheap Auto. Customers should read both these terms and conditions and our Privacy Policy carefully.

1.2 The Customer must present their Trade Discount Card at the time of purchase. Supercheap Auto may request that a Customer provide personal identification to verify their identity.

1.3 Supercheap Auto may grant a Customer’s Trade Discount Card and allow the Customer’s participation in the Trade Program at its discretion on notice to the Customer.

1.4 Supercheap Auto may revoke, suspend or otherwise limit a Customer’s Trade Discount Card and participation in the Trade Program at its discretion on notice to the Customer. Without limitation to the foregoing, Supercheap Auto may remove the Customer from the Trade Program if the Customer does not meet the minimum annual spend requirement set out at clause 13.1 for participation in the Trade Program. Although Supercheap Auto will try to give the Customer reasonable notice if it intends to revoke, suspend or otherwise limit their Trade Discount Card or participation in the Trade Program, this will not always be possible (eg if a Customer is fraudulently using their Trade Discount Card).

1.5 Supercheap Auto reserves the right to accept or refuse any order for Goods at its discretion on notice to the Customer.

1.6 Until an order for the purchase of Goods has been accepted by Supercheap Auto either in writing or by conduct, no contract for the supply of Goods shall exist between Supercheap Auto and the Customer.

1.7 The Customer is responsible for all transactions carried out using the Trade Discount Card and Supercheap Auto will not be liable for any unauthorised use of the Trade Discount Card.

1.8 The Customer’s Trade Discount Card and participation in the Trade Program is not transferrable.

2 Prices and Quotations

2.1 Supercheap Auto reserves the right to alter prices of Goods without notice. Provided however that the price of Goods in an order which has been accepted by Supercheap Auto may not, in relation to that order, be altered by Supercheap Auto (except to the extent of any amount payable pursuant to clause 2.3).

2.2 All prices are in New Zealand Dollars.

2.3 The Customer agrees to pay any GST and any other government duties, levies or taxes payable in respect of the Goods supplied by Supercheap Auto.

2.4 Discount (if any) is only applicable on full price items (i.e normal retail price) and excludes sale items, special buys, gift cards, vouchers, bonus buys, and any other discounted items.

3 Placing an Order for Goods

3.1 The Customer may order Goods by submitting an order to Supercheap Auto by any means approved by Supercheap Auto and in accordance with these terms and conditions.

3.2 Any order placed for Goods by the Customer is an offer by the Customer to purchase the particular Goods for the price notified (including the delivery and other charges and taxes) at the time the Customer places the order.

3.3 Supercheap Auto may ask the Customer to provide additional details or require the Customer to confirm their details to enable Supercheap Auto to process any orders placed.

3.4 The Customer agrees to provide Supercheap Auto with current, complete and accurate details when requested to do so.

4 Acceptance or Rejection of an Order

4.1 Supercheap Auto reserves the right to accept or reject the Customer’s order by notice to the Customer for any reason, including (without limitation) if the requested Goods are not available, if there is an error in the price or the product description.

4.2 Each order placed for Goods that Supercheap Auto accepts results in a separate binding agreement between Supercheap Auto and the Customer for the supply of those Goods. For each order so accepted, Supercheap Auto will supply the Goods in that order to the Customer in accordance with these terms and conditions.

4.3 If Supercheap Auto rejects an order, then Supercheap Auto will use reasonable endeavours to notify the Customer of that rejection within a reasonable time after the Customer submits their order.

5 Cancelling an Order by Supercheap Auto

5.1 Prior to the dispatch or collection (as applicable) of an order, Supercheap Auto may cancel all or any part of an order (including any orders that it has accepted) without any liability to the Customer for that cancellation if:

5.1.1 the requested Goods in that order are not available; or

5.1.2 there is an error in the price or the product description in relation to the relevant Goods in that order; or

5.1.3 that order has been placed in breach of these terms and conditions.

5.2 If Supercheap Auto cancels an order as above, it will use reasonable endeavours to provide the Customer with reasonable notice of that cancellation. The Customer will not be charged for the cancelled order.

6 Cancelling an Order by Customer

6.1 Prior to the dispatch or collection (as applicable) of an order, the Customer may cancel all or any part of an order (including orders that Supercheap Auto has accepted) due to circumstances beyond the Customer’s reasonable control (e.g. loss of employment, serious injury or illness) but not if the Customer simply changes their mind, without any liability to Supercheap Auto for that cancellation.

6.2 If the Customer does cancel an order as above, then the Customer must provide Supercheap Auto notice (including reasons) before the dispatch or collection (as applicable) of the order. The Customer cannot cancel all or any part of an order after the order has been dispatched by Supercheap Auto or collected by the Customer (as applicable).

7 Delivery

7.1 If the Goods are being delivered, the Customer should allow at least ten (10) working days for delivery from the receipt of their order and payment for their order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by Supercheap Auto and it will endeavour to provide the Customer with reasonable notice of that extension.

7.2 If the Goods are being delivered, a delivery fee is payable in addition to the purchase price of the Goods. A number of different delivery methods may be used depending on the type of order.

7.3 If the delivery is by courier, Goods will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The Customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.

7.4 Supercheap Auto ships orders to New Zealand addresses only.

7.5 The Customer acknowledges and agrees that it may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:

7.5.1 special, non-stock and/or bespoke items;

7.5.2 heavy, bulky and/or awkward items;

7.5.3 express or urgent deliveries; or

7.5.4 bulk or large quantity orders.

7.6 Where the Customer is alerted to shortages or damages in the Goods upon receipt of the Goods, the Customer must endeavour to make a claim for such to Supercheap Auto within seven (7) days of receipt of the Goods by the Customer. Failure to do so will not limit the application of any applicable statutory guarantees provided under the Consumer Guarantees Act 1993 (or any successor legislation) or other equivalent legislation that cannot be excluded.

8 Payment

8.1 Payment for all Goods in full must be completed at the time the Goods are being ordered.

8.2 The only accepted means of paying for Goods will be by cash, cheques (acceptance of cheque payment is at the absolute discretion of Supercheap Auto), electronic funds transfer or credit card, all without any deduction, unless otherwise agreed to by Supercheap Auto.

9 Risk and Title to Goods

9.1 The Goods shall be at the sole risk of the Customer upon receipt of the Goods to the Customer or from the collection of the Goods by the Customer (as applicable).

9.2 All Goods (including those delivered to or collected by, as applicable, the Customer) under these terms and conditions remain the property of Supercheap Auto until the Customer has paid to Supercheap Auto in full the purchase price for the relevant Goods and all other money due to Supercheap Auto in relation to the purchase of the relevant Goods.

10 Return of Goods

10.1 In addition to any applicable statutory guarantees provided under the Consumer Guarantees Act 1993 (or any successor legislation) or other equivalent legislation that cannot be excluded, Supercheap Auto will accept Goods returns and provide the Customer with (at Supercheap Auto’s election) a replacement for the Good (subject to availability) an exchange voucher, refund or repair where:

10.1.1 the Good delivered is faulty or is not of acceptable quality;

10.1.2 the Good delivered is not fit for its intended purpose; or

10.1.3 the Good delivered does not match the description given by Supercheap Auto.

10.2 If the Good delivered is faulty, not of acceptable quality, not fit for its intended purpose, does not match the description given by Supercheap Auto or covered under a warranty from the manufacturer, or otherwise does not comply with any applicable statutory guarantees provided under the Consumer Guarantees Act 1993 (or any successor legislation) or other equivalent legislation that cannot be excluded the Customer must promptly contact Supercheap Auto. To enable Supercheap Auto to evaluate the Customer’s return request, the Customer must provide Supercheap Auto with any information reasonably requested by Supercheap Auto, including but not limited to:

10.2.1 the order number, invoice number or receipt number;

10.2.2 a detailed description of the problem or the reason for the request to return the Good;

10.2.3 photograph(s) of the Good that has been damaged during transportation; and

10.2.4 Customer details.

10.3 Supercheap Auto will evaluate the return request and if applicable, issue the Customer with a returns authorisation notice once Supercheap Auto has received details of Customer’s return request. Supercheap Auto will provide the Customer with return instructions and return address for the relevant Goods.

10.4 Supercheap Auto’s Goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. The customer is entitled to a replacement or refund and compensation for any reasonably foreseeable loss or damage for any substantial failure of the Goods to comply with the guarantees, or other failure that cannot be remedied by Supercheap Auto. The customer is also entitled to have the Goods repaired or replaced if the Goods, for example, fail to be of acceptable quality and the failure does not amount to a substantial failure of the Goods to comply with the applicable statutory guarantees.

11 Warranties and Economical Loss

11.1 Supercheap Auto accepts liability for breach of any legal guarantees arising under the Consumer Guarantees Act 1993, or any other applicable legislation, the effect of which cannot be excluded. However, where Supercheap Auto are permitted by law and where Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Supercheap Auto will only:

11.1.1 in the case of services, resupply the services or pay to the Customer the cost of resupply; and

11.1.2 in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay to the Customer the cost of replacing the goods (or of acquiring equivalent goods), or pay to the Customer for the cost of having the goods repaired.

11.2 Where permitted by law (and subject to clause 11.3), Supercheap Auto will not be liable to the Customer for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to any Goods.

11.3 Supercheap Auto’s liability to the Customer for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that the Customer causes or contributes to the loss or damage. This reduction applies whether Supercheap Auto’s liability is in contract, tort (including negligence), under any statute or otherwise.

12 Variation of Terms and Conditions

12.1 Supercheap Auto may make any variations to these terms and conditions by publishing the varied terms and conditions on its website here or otherwise notifying the Customer of the change. Any such variations will be effective as soon as they are published or otherwise notified to the Customer. If Supercheap Auto varies the terms and conditions significantly or in a way that negatively impacts the Customer, Supercheap Auto will notify the Customer via email or SMS. If the Customer does not agree with any variation, they may terminate their involvement in the Trade Program by notice to Supercheap Auto. If a Customer has not terminated their involvement in the Trade Program and offers to purchase any Goods after a variation has been published or otherwise notified to the Customer, that offer will be deemed to be the Customer’s acceptance of such varied terms and conditions.

13 Customer Obligations

13.1 Without limitation to the provisions of clause 1.3, the Customer will ensure a minimum annualised spend of $600 (inclusive of GST) is achieved in any given twelve (12) month period to maintain a Trade discount. Supercheap Auto will review (at its absolute discretion) and may revoke a Customer’s Trade Discount Card or disallow the Customer’s participation in the Trade Program if the minimum annualised spend is not achieved.

13.2 The Customer warrants that all information and data provided by the Customer to Supercheap Auto (including as part of registering for the Trade Program) or otherwise is true, accurate, complete and up to date.

13.3 The Customer warrants that, in the event of delivery of the Goods, the person receiving the Goods at the delivery address is authorised by the Customer to do so.

13.4 The Customer warrants that it has and will comply with all relevant laws relating to the Customer’s participation in the Trade Program and its placement of any order to Supercheap Auto.

13.5 The Customer must ensure that the Trade Discount Card is kept in a safe and secure manner.

13.6 The Customer must promptly notify Supercheap Auto if the Customer is or becomes aware that there is or has been an unauthorised use of the Trade Discount Card, or any other security breach relating to the Customer’s participation in the Trade Program. Where Supercheap Auto receives such notification, it will cancel any related orders for Goods which have not yet been dispatched or collected.

13.7 The Customer must promptly advise Supercheap Auto of any changes to the Customer’s information provided to Supercheap Auto as part of the Trade Program registration process.

13.8 The Customer is responsible for any costs associated with their participation in the Trade Program.

13.10 The Customer agrees that Supercheap Auto may charge the Customer for all Goods that Supercheap Auto agree to supply to the Customer that have been ordered using the Customer’s Trade Discount Card.

13.11 The Customer is responsible for its use of the Goods and will check any labels on the Goods before consumption or use.

13.12 The Customer must not:

13.12.1 use the Trade Program for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

13.12.2 make fraudulent or speculative enquiries, purchases or requests via the Trade Program;

13.12.3 use another person’s details without their permission or impersonate another person when participating in the Trade Program;

13.12.4 create or attempt to create accounts in the Trade Program by automated means or under false or fraudulent pretences;

13.12.5 create or attempt to create multiple accounts in the Trade Program;

13.12.6 use the Trade Discount Card other than in accordance with these terms and conditions; or

13.12.7 attempt any of the above acts or engage or permit another person to do any of the above acts.

14 Notice

14.1 Any notice to be given to Supercheap Auto by the Customer may be sent to the Trade department, PO Box 97059, South Auckland Mail Centre 2241 or emailed to trade@supercheapauto.co.nz.

14.2 Any notice to be given to the Customer by Supercheap Auto shall be sent to the last known address or email whichever is applicable. Notices shall be considered to have been sufficiently delivered five (5) days after mailing or in the case of email once it has been sent, unless a notice of a failure is received.

15 No assignment by Customer

15.1 The Customer must not assign and/or novate these terms and conditions without the prior written approval of Supercheap Auto, which may be granted or declined at Supercheap Auto’s sole discretion.

16 Severance

16.1 In the event that any part of these terms and conditions is or becomes void or unenforceable, that part is severed so that the validity and enforceability of the remainder of these terms and conditions shall not be affected.

17 Communications and opting-out

17.1 Unless the Customer has opted out of receiving marketing communications from Supercheap Auto relating to the Trade Program, the Customer agrees to Supercheap Auto communicating with the Customer relating to the Trade Program via various channels and media (including by email, SMS, phone and mail).

17.2 The Customer acknowledges and agrees that they can opt out of receiving certain types of communications from Supercheap Auto relating to the Trade Program by:

• Marketing emails
  Clicking the unsubscribe link in the footer of those emails
• Customer experience survey emails
  Clicking the unsubscribe link in the footer of those emails
• Product review emails
  Clicking the unsubscribe link in the footer of those emails
• SMS
  Text “STOP” as per the instructions in an SMS communication Supercheap Auto send the Customer

However, the Customer agrees that if the Customer unsubscribes from one type of communication relating to the Trade Program (ie marketing emails, product review emails, customer experience survey emails or SMS) the Customer will continue to receive the other types of communications relating to the Trade Program. For example, if a Customer unsubscribes from receiving product review emails, they will continue to receive marketing emails, customer experience survey emails and SMS communications, unless they have separately unsubscribed from those types of communications.

17.3 The Customer agrees that Supercheap Auto may send certain transactional messages relevant to the Customer whilst they participate in the Trade Program. These transactional messages include messages relating to the Customer’s participation in the Trade Program (like messages attaching an invoice associated to a purchase and order tracking), important information relating to products and services (like health and safety recall notices), forgotten passwords and updates to Supercheap Auto’s terms and conditions and privacy policy. The Customer agrees that transactional messages will not contain an unsubscribe link. If the Customer does not want to receive such transactional messages, the Customer may terminate their involvement in the Trade Program.

17.4 The Customer agrees that, if they are also a member of the Supercheap Auto Club program (operated pursuant to the Supercheap Auto Club Terms and Conditions), they will separately receive communications in accordance with the Supercheap Auto Club Terms and Conditions. The Customer agrees that if they unsubscribe from communications relating to the Supercheap Auto Club program or the Trade Program, the Customer will continue to receive communications relating to the other program to which they are still subscribed.

17.5 Supercheap Auto uses information about Customer (including prior purchases, the way Customer interacts with Supercheap Auto’s website and demographic data) to help Supercheap Auto deliver communications and to display advertisements that Supercheap Auto believe are likely to be of interest to you. The Customer agrees that Supercheap Auto may use machine learning technology for this purpose.

18 Waiver

18.1 Supercheap Auto’s failure to exercise any right or power does not operate as a waiver and a partial exercise of a right or power does not preclude any further exercise of the right or power.

19 Law

19.1 These terms and conditions are governed by and construed in accordance with the laws in force in New Zealand. The Customer agrees to submit to the non-exclusive jurisdiction of the courts of New Zealand.

20 Interpretation

20.1 In these terms and conditions, unless contrary to the context:

20.1.1 “Customer” means and includes any natural person, company, partnership or other entity who is the applicant listed for the purchase of Goods is accepted by Supercheap Auto.

20.1.2 “Goods” means and includes goods and services supplied or to be supplied to the Customer by Supercheap Auto.

20.1.3 “GST Act” means “Goods and Services Tax Act 1985” and any ancillary legislation relating to the imposition of goods and services tax.

20.1.4 “GST” means any tax chargeable or payable under the GST Act;

20.1.5 “Supercheap Auto” means Supercheap Auto (New Zealand) Pty Limited NZBN 9429036715527;

20.1.6 “Trade Discount Card” means the card (which remains at all times the property of Supercheap Auto) provided to the Customer, held with Supercheap Auto, in relation to the supply of Goods for its trade or business and which allows the Customer to participate in the Trade Program pursuant to these terms and conditions; and

20.1.7 “Trade Program” means the potential supply of Goods to the Customer by Supercheap Auto pursuant to these terms and conditions, for which the Customer has been provided a Trade Discount Card.