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GENERAL TERMS AND CONDITIONS - eSpares Parts Request Service (Version 11.1 - 1 OCtober 2011)

 

Thank you for visiting Partsfinder Limited t/a eSpares.co.nz. eSpares is independently NZ owned and operated and provides an online web based service that is intended to put people, companies or businesses who require parts for their vehicle or customers vehicles in touch with those people, companies or businesses who are selling them ("the services").

eSpares is a tool for finding parts, and does not sell parts or recommend one supplier over another.

 

DEFINITIONS AND INTERPRETATION Terminology - meanings of expressions or words
Member This means an individual, business, company or other organisation who registers with eSpares. A member can be a purchaser or seller.
Purchaser Means any individual, company, business or other organisation that purchases Parts through the eSpares site.
Seller Means any individual, company, business or other organisation that sells Parts through the eSpares site.
Us/We or eSpares Means Partsfinder Limited or eSpares.co.nz
You Means any individual, company, business or other organisation that purchases or sells parts through the web site.
Parts Means any part associated with motor vehicles and/or their accessories.
Request Means a request through the website to locate parts.
Services Means the services as defined above.

 

Terms and Conditions
Acceptance of terms Once you have registered as a member of espares you acknowledge and accept these terms and conditions. Before you become a member please familiarise yourself with the services.
Clarity You may wish to clarify the terms and conditions from time to time, please feel free to email info@espares.co.nz, or telephone 07 346-3214.
Amendments From time to time the terms and conditions may be amended. The amendments will be posted on this website. Please ensure that you familiarize yourself with any alterations to the terms and conditions that may be posted on this site. eSpares accepts your ongoing use subsequent to any change in the terms and conditions on the basis that you are in agreement with the amended terms and conditions.

 

Membership
How to become a Member You can only become a member if you can form a legal binding contract by law and it is enforceable against you. You must be at least 18 years old, once you have registered as a member you acknowledge that you are in a position to form a legally binding contract.
Cost to become a Member To register as a member is free.
Information about you When you register as a member you warrant that your personal information is complete and accurate. You must update your personal information. You must not provide false information or conduct multiple registrations.
Membership Termination eSpares may terminate your membership at any time. eSpares may refuse to register your membership at any time. eSpares will not enter into any negotiations, discussions or written correspondence with you regarding our decision not to register you.
Loyalty Scheme eSpares operates various promotions, reward schemes and incentive programs from time to time.  Click here to view what is currently on offer.
Security Please be sensible with your log-in information. You are responsible for the security of your password and email address. Ensure that you do not release this sensitive information to any third party to allow them access to your personal information.

 

House rules
All requests shall be made in good faith.
You must provide sufficiently detailed information to accurately identify the parts that you require from the supplier network.
You must not deliberately attempt to introduce harmful activities into the website.
You accept that eSpares does not own or take possession of any part at any time and eSpares only provides an online web site service for members to sell and purchase parts.
eSpares does not have any tax obligations in respect of transactions between the purchaser and seller.
You must not use this website to obtain market information about the cost of parts or their availability without the intention to complete a bona fide purchase.
You acknowledge that eSpares will monitor transactions on the system and if it appears that you are conducting irregular business your membership may be cancelled or restricted.
Memberships are not tradeable.
You will not deliberately complete a sale or purchase outside the eSpares purchase process to avoid the Point of Sale commission. If eSpares identifies such avoidance your membership will be terminated.
The Seller You will endeavour at all times to respond to the purchasers request efficiently and accurately.
You realise that you are providing to the purchaser your best price to sell your parts.
You realise that you are competing with various other suppliers to sell parts and your response may not be successful.
You will receive requests from purchasers who require parts that match your profile.
You must not sell parts that you are not legally entitled to sell. You must only sell parts that you legally own.
You must agree on the terms of sale, payment and supply with the purchaser.
You must sell parts that are of a merchantable quality.
You must dispatch the parts to the purchaser upon reaching a sale/purchase agreement.
You can change your seller profile at any time.
You must not use this website to promote your business without authorisation from eSpares.
You must not introduce multiple sellers under your identity.
You must not manipulate sale prices or act in an anti-competitive manner.
You must not link this site to any other website, without authorisation from eSpares
The purchaser You must provide the supplier network with detailed information to accurately identify parts that you may request.
You may receive multiple responses to your parts request, and you can choose to purchase from any supplier that responds to your request.
You must only use the system when you are a genuinely looking to purchase parts.
You must not use the system to obtain market information about parts, cost or availability only.
You must not use this website to promote your business without authorisation from eSpares.
You must agree on the terms of sale, payment and supply with the Seller. You must meet the payment conditions that you have agreed to with the seller.
You must complete the purchase/order online if ordering from an eSpares supplier.
Risk and liability
You agree that eSpares only provides a tool via a web-based online system for you to get in touch with people, companies, businesses or other organisations who wish to locate or sell motor vehicle parts. All transactions and communications between members are at your risk. You agree that eSpares has no liability or responsibility for any of its members who have falsely registered, or attempt to defraud or otherwise acted unlawfully or in breach of these terms and conditions.
eSpares does not undertake or make any representation or provide any warranty in relation to parts sold or requested on the website including:
  1. The quality or durability of the part.
  2. The condition of the part.
  3. That the part is correct for the purchasers needs or expectations.
  4. That the member is able to meet the terms and conditions of the transaction.

 
Liability
You agree that eSpares will not have any liability or responsibility to you or any other person, company or business under or in connection with these terms and conditions, or in connection with the services, this website, and other members acts or omissions or use of, or inability to use the services of this website, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).
eSpares will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect, including, without limitation loss of profits, loss of data, loss of business, or anticipated savings, general and special damages, and consequential and incidental loss.

 
Disclaimer
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. eSpares disclaims and excludes all implied conditions, all warranties, including but not limited to, any warranties of merchantable, fitness for a particular purpose, and non-infringement.
(b) eSpares does not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information including feedback provided on the website is error free or reliable.
(c) No advice or information that is obtained by you through this website from eSpares or anyone else shall create any warranty by eSpares that is not expressly stated in the terms and conditions, and,
(d) Responsibility for content of advertisements appearing on this website including hyperlinks to advertisers own websites rests solely with the advertisers. The placement of such advertisements on the website does not constitute eSpares recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with any such advertisement.

 
Indemnity
You agree to release, indemnify eSpares and keep us indemnified from and against all actions, claims, costs (including legal costs and expense) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction or from the use of eSpares systems, feedback or relating to the sale of prohibited items or arising out of the use of the services available through this website.
Without limiting any other rights and remedies available to eSpares, eSpares may limit your activities on the website, remove your membership or requests or responses, and warn other members of your actions, issue a warning to you, suspend or terminate your membership or refuse to provide our services to you if you breach these terms and conditions or where eSpares considers it appropriate.
Feedback
There is a feedback provision on the website and you may use it but refrain from using offensive or inappropriate or defamatory language. eSpares may at any stage determine what is considered offensive, inappropriate or defamatory language and remove it. You may only provide feedback as it relates to a specific sale and/or purchase or system functions. The feedback section is to provide information about sale, purchase and system to identify and help inform us about your experience on this site.
The system provides for members to communicate general feedback which may be made public. This information is gathered by eSpares and is used for system process development.
Costs and fees
The Purchaser The purchaser does not pay fees to gain access to eSpares or the use of the website.
The Seller Sellers pay a commission at point of sale, and a monthly access fee.
Privacy
eSpares firmly supports a NO-SPAM policy and will not intentionally give out your details to any other third party.
We will not sell or rent your personal information to third parties for their marketing purposes without your consent.
You provide us with personal information that we collect. We may use this information from time to time to enhance our services to meet your future need.
Access to your information will not be given without your explicit consent.
eSpares does collect personal information about you when you register as a user and use the services and website.
We may also use the information to prove your identity for marketing and promotion work and any other use you may authorise.
You agree that eSpares may be required by law to release your personal information.
General conditions
Dispute resolution You agree that eSpares is not party to the sale and purchase between members and you agree not to include or involve eSpares in any dispute or resolution that may occur as a result of the service provided or transaction that has occurred.
System performance eSpares will endeavour to provide consistent availability to the website and services but may be subject to downtime for maintenance requirements. eSpares will not be responsible for system failure or unavailability or for any loss whatsoever that is incurred as a result of the website or services not being available.
eSpares will not assume responsibility for data or information collected by eSpares.
Force Majeure eSpares will have no liability for lack of performance failure or unavailability of the website services or for any failure of eSpares to meet compliance with the terms and conditions where the same arises from any cause reasonably beyond the control of eSpares.

 
Waiver
No waiver Failure by us to exercise or enforce any right available to us under these terms and conditions does not constitute a waiver of those rights.
Law This agreement is governed by New Zealand Law.
Partial invalidity In the event that any provision of the terms and conditions is held to be invalid for any illegal reason, the provisions shall be removed from the remaining terms and conditions which shall remain in full force and effect.
Entire agreement This agreement, as amended from time to time forms the entire agreement between the parties relating to the subject matter of these terms and conditions.
Intellectual property Rights Means any rights arising by virtue of any law or custom relating to the protection of intellectual property rights in the website and without limitation includes: Designs, whether or not registered or registerable as patents or designs, graphics, text, logos, artistic works, icons, sound recordings, copyright (including future copyright) which copyright subsists or may in the future subsist, trade and service marks and names whether registered or unregistered, the software and other underlying material which forms part of the services and website. You must not, without our written consent or permission, in any way: Copy, and sell any information obtained from any part of this website, market or commercialise, distribute, print, reproduce, copy, store, adapt, display, publish or imitate work from any part of this website.