Terms of service
Terms of Service
These Terms of Service apply to purchases made from Ace Fabrication Ltd ("Ace Fabrication", "Ace Fab", "we", "us" or "our") through our website.
By using our website, creating an account or placing an order, you agree to these Terms of Service.
1. Products and Product Information
We make reasonable efforts to ensure product descriptions, specifications, images, pricing and availability are accurate.
Product images may vary slightly from the actual product.
Vehicle fitment information is provided as a guide. Customers are responsible for confirming that a product is suitable for their vehicle and intended application before purchasing. If you are unsure about fitment, please contact us before placing your order.
2. Customer Accounts
You are responsible for keeping your account information accurate and your login details secure.
You must not use another person's account or provide false or misleading information when creating an account.
We reserve the right to suspend or cancel an account where we reasonably believe it has been misused or used unlawfully.
3. Orders and Acceptance
When you place an order, you are making an offer to purchase the products selected.
We may decline or cancel an order where there is a genuine pricing, product, availability or technical error, or where we are unable to fulfil the order.
If we cancel an order after payment has been received, the amount paid for the cancelled order will be refunded, minus any processing fees, as outlined in our refund policy.
4. Pricing and Payment
Prices are displayed in the currency shown on the website and include applicable taxes where stated.
Prices may change without notice. Changes will not affect an order that has already been accepted, except where required to correct a genuine error.
Payment must be received before an order is processed unless otherwise agreed with us.
For approved trade or business customers, separate pricing and payment terms may apply.
5. Made-to-Order and Custom Products
Some products are made to order or manufactured specifically for a particular vehicle or application.
Lead times are provided on the product page or confirmed at the time of ordering.
Custom or made-to-order products may not be cancelled or returned due to change of mind once fabrication or production has commenced, except where required by applicable law.
This does not affect any rights you may have where a product is faulty, defective, incorrectly supplied or otherwise does not meet applicable consumer guarantees.
6. Vehicle Modifications and Installation
Our products may modify the original configuration of a vehicle.
The customer is responsible for ensuring that any modification or product complies with the laws, regulations, certification requirements and vehicle standards applicable where the vehicle is used.
We recommend that products are installed by a suitably qualified professional.
Incorrect installation, modification, misuse or use outside the intended application may affect warranty coverage, subject to any rights that cannot legally be excluded.
7. Exhaust and Performance Products
Performance, exhaust and vehicle modification products may alter vehicle noise, emissions performance or operation.
The customer is responsible for ensuring that the vehicle remains compliant with applicable laws and regulations after installation.
Where a product is intended for competition, off-road or other specialised use, this will be stated on the relevant product page or otherwise communicated before purchase.
8. Shipping
Shipping information, delivery estimates and applicable shipping conditions are set out in our Shipping Policy.
Delivery timeframes are estimates unless expressly stated otherwise.
9. Cancellations, Returns and Refunds
Cancellations, returns and refunds are governed by our Refund and Returns Policy.
Nothing in our returns policy or these Terms limits any consumer rights that cannot legally be excluded.
10. Warranty and Consumer Guarantees
Any voluntary warranty offered by Ace Fabrication is additional to, and does not replace, any rights provided by applicable consumer law.
For Australian customers, consumer guarantees under the Australian Consumer Law apply where applicable. These rights cannot be excluded, restricted or replaced by our warranty or these Terms.
For New Zealand customers, applicable rights under the Consumer Guarantees Act and other New Zealand consumer laws continue to apply.
11. Business and Trade Customers
Where products are purchased for business or trade purposes, different consumer-law rules may apply.
Where permitted by law, the parties may agree in writing that certain New Zealand consumer protections, including the Consumer Guarantees Act, do not apply to a business-to-business transaction.
Nothing in these Terms excludes any protection that cannot legally be excluded.
12. Website Use
You must not use our website for any unlawful purpose or in a way that may damage, disrupt or interfere with the website, its security or its operation.
You must not copy, reproduce or commercially exploit our website content, product images, designs, branding or other intellectual property without our written permission.
13. Intellectual Property
All content on this website, including product designs, photographs, graphics, logos, text and other material, is owned by or licensed to Ace Fabrication Ltd unless otherwise stated.
You may not reproduce, modify, distribute or commercially use our intellectual property without our written permission.
14. Third-Party Products and Links
Our website may contain products, services or links provided by third parties.
Where a product is supplied by another manufacturer or brand, any manufacturer's warranty will be subject to that manufacturer's terms.
Third-party websites and services are governed by their own terms and policies.
15. Risk and Title
Ownership of products passes to the customer once full payment has been received, subject to any rights or obligations imposed by applicable law.
Risk in products passes as determined by applicable law and the terms of the relevant sale and delivery arrangement.
16. Liability
Nothing in these Terms excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot legally be excluded or limited.
To the maximum extent permitted by law, Ace Fabrication Ltd is not responsible for loss or damage resulting from misuse, incorrect installation, unauthorised modification or use of our products outside their intended application.
Nothing in this section limits our liability where doing so would be unlawful.
17. Website Availability
We do not guarantee that our website will always be available, uninterrupted or free from errors.
We may temporarily suspend or restrict access to the website for maintenance, updates, security or other operational reasons.
18. Changes to These Terms
We may update these Terms of Service from time to time by publishing an updated version on our website.
The Terms applying to an order are those in effect when the order is accepted, unless a change is required by law.
19. Disputes
If you have a concern or dispute, please contact us first so we can attempt to resolve the matter directly.
Nothing in these Terms prevents a consumer from exercising any rights or remedies available under applicable consumer law.
20. Governing Law
These Terms are governed by the laws of New Zealand, except where mandatory laws of another jurisdiction apply to a customer or transaction.
Nothing in these Terms prevents a consumer from relying on mandatory consumer protections that apply in their jurisdiction.
Ace Fabrication Ltd
16 Tallyho Street
Rotorua, New Zealand
Email: admin@acefabltd.com
