Website terms
Last updated: 4 October 2026
1. Interpretation
1.1 In these Terms, unless the context otherwise requires:
- Consumer Guarantees Act means the Consumer Guarantees Act 1993 (NZ).
- Fair Trading Act means the Fair Trading Act 1986 (NZ).
- Privacy Act means the Privacy Act 2020 (NZ).
- Goods means any diesel parts, accessories, or other products listed for sale on the Website.
- Website means the website operated at www.simmsdiesel.co.nz and any related subdomains.
- we, us, or our means Simms Diesel & Turbocharger Service Limited (NZBN 9429040749990), a company incorporated in New Zealand, trading as Simms Diesel.
- you or your means the person or entity accessing the Website or purchasing Goods.
1.2 These Terms apply to your access to and use of the Website and to any purchase of Goods through the Website.
2. Trader status and contact details
2.1 We are a trader for the purposes of the Fair Trading Act.
2.2 Our contact details are:
- Legal name: Simms Diesel & Turbocharger Service Limited
- NZBN: 9429040749990
- Registered address: 77 Leonard Road, Mount Wellington, Auckland 1060, New Zealand
- Email: sales@simmsdiesel.co.nz
- Phone: +64 9 579 1159
3. Acceptance of Terms; ordering process
3.1 By accessing the Website or placing an order, you agree to be bound by these Terms as amended from time to time.
3.2 To place an order, you must: (a) select Goods and add them to your cart; (b) provide accurate billing, delivery, and contact information; (c) accept these Terms; and (d) complete payment through our secure checkout.
3.3 All orders are subject to acceptance by us. A contract for the sale of Goods is formed only when we send you an order confirmation email acknowledging your order has been received and your payment processed.
3.4 We reserve the right to refuse or cancel any order, including where: (a) there is a pricing, stock, or description error; (b) we suspect fraud, unauthorised use, or breach of these Terms; or (c) we are unable to verify your payment or identity.
4. Pricing, shipping, errors, and availability
4.1 All prices are in New Zealand dollars and include GST unless stated otherwise. All prices exclude freight.
4.2 Freight costs are calculated at checkout based on volume and weight. If an order exceeds 2.5m3 or 25 kg, we will email the freight cost to you after your order has been placed.
4.3 We do not guarantee that product descriptions, images, specifications, or prices on the Website are error-free.
4.4 If we discover an error in price, description, or availability after you place an order, we may: (a) contact you to confirm whether you wish to proceed at the correct price or with the correct product; or (b) cancel your order and refund any amounts paid.
4.5 Please ensure your delivery address and order information are correct before placing an order as we cannot guarantee we can make corrections to orders before shipping.
5. Delivery, risk, and title
5.1 We deliver to street addresses in New Zealand. For delivery outside New Zealand, contact us for a freight quote. Delivery timeframes and costs are shown at checkout.
5.2 If no timeframe is specified, we will deliver within a reasonable time.
5.3 Once your order has been dispatched, you will receive a tracking number so you can monitor your order's delivery progress.
5.4 Estimated delivery times: (a) Standard delivery: 2-5 working days. (b) Rural delivery: 4-6 working days.
5.5 If your order does not arrive within the agreed or reasonable time, contact us at sales@simmsdiesel.co.nz and we will investigate with our courier.
5.6 If your order does not arrive within the agreed or reasonable time, we will arrange a replacement, refund, or other remedy under the Consumer Guarantees Act.
5.7 Risk in the Goods passes to you on delivery to the address you provide.
5.8 Title in the Goods passes to you when we have received full payment.
6. Consumer guarantees; non-excludable rights
6.1 Our Goods come with guarantees under the Consumer Guarantees Act that cannot be excluded.
6.2 If there is a substantial (major) failure, you may choose to: (a) reject the Goods and receive a refund; (b) reject the Goods and receive a replacement of the same type and similar value; or (c) keep the Goods and claim compensation for the reduction in value and any other reasonably foreseeable loss or damage.
6.3 A failure may be substantial where, for example: (a) a reasonable consumer would not have bought the Goods if they had known about the problem; (b) the Goods are significantly different from their description, sample, or demonstration model; (c) the Goods are substantially unfit for their normal purpose (or a disclosed purpose) and cannot easily be made fit within a reasonable time; or (d) the Goods are unsafe.
6.4 If the failure is minor, we may, at our option, repair, replace, or refund the Goods.
6.5 Nothing in these Terms excludes or limits your rights under the Consumer Guarantees Act or the Fair Trading Act that cannot be excluded or limited by law.
7. Returns, refunds, and warranty
7.1 Faulty or non-conforming Goods: (a) If your Goods are faulty, not fit for purpose, or not as described, contact us within 10 days of delivery with your order number and details of the issue. (b) We will assess your remedy under the Consumer Guarantees Act and advise you of the next steps. (c) We will not require you to pay return freight for faulty Goods where the failure is our responsibility. In all other circumstances, freight on returned Goods is your responsibility.
7.2 Change-of-mind returns: (a) Please notify us within 7-10 days of purchase if you wish to return Goods. The Goods must be unused, in their original packaging, not fitted or tampered with, and accompanied by proof of purchase. (b) Return freight for change-of-mind returns is at your cost. (c) A 10% restocking fee applies to change-of-mind returned Goods. (d) The refund is for the purchase price of the Goods only and does not include any original freight/postage charges. (e) Special (indent) orders are non-returnable. (f) This change-of-mind policy is in addition to, and does not replace, your rights under the Consumer Guarantees Act.
7.3 Express warranties: (a) Some products may come with a manufacturer's express warranty in addition to your rights under the Consumer Guarantees Act. (b) Details of any manufacturer warranty (coverage, exclusions, duration, and claim process) are set out on the product page or included with the Goods. (c) We will assist with warranty claims where applicable, but the warranty is provided by the manufacturer. See also our warranty page.
7.4 For returns and refunds, please contact sales@simmsdiesel.co.nz.
8. B2B/Trade customers
8.1 Application of this clause: (a) This clause applies only where you are acquiring Goods in trade and not as a consumer under the Consumer Guarantees Act.
8.2 Contracting out of the Consumer Guarantees Act and Fair Trading Act: (a) To the extent permitted by law, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 do not apply to the supply of Goods to you. (b) All warranties, conditions, and guarantees implied by law (including under the Consumer Guarantees Act) are excluded, except for those that cannot be excluded by law. (c) Our total liability to you for any claim arising out of or in connection with the supply of Goods is limited, at our option, to: (i) replacing the Goods or supplying equivalent Goods; (ii) repairing the Goods; (iii) paying the cost of having the Goods replaced or repaired; or (iv) refunding the price paid for the Goods. (d) We are not liable for any indirect, special, or consequential loss (including loss of profit, data, or business opportunity). (e) Nothing in this clause excludes or limits liability for death or personal injury caused by our negligence, fraud, or any rights that cannot be excluded or limited by law.
8.3 Fair and reasonable: (a) The parties acknowledge that, having regard to all relevant circumstances, it is fair and reasonable that this clause applies.
9. Intellectual property; website use rules
9.1 All content on the Website (including text, images, logos, product descriptions, and code) is owned by or licensed to us.
9.2 You may view and use the Website for personal, non-commercial purposes only.
9.3 You must not: (a) copy, reproduce, modify, or exploit any content without our prior written consent; (b) use automated systems (including bots or scrapers) to access the Website or place orders, except with our prior written approval; or (c) interfere with or attempt to interfere with the security, integrity, or proper functioning of the Website.
10. Limitation of liability; indemnity
10.1 To the extent permitted by law: (a) we are not liable for any indirect, special, or consequential loss (including loss of profit, data, or business opportunity); and (b) our total liability to you for any claim arising out of or in connection with your use of the Website or purchase of Goods is limited to the amount you paid for the relevant Goods.
10.2 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any rights under the Consumer Guarantees Act or the Fair Trading Act that cannot be excluded or limited.
10.3 You agree to indemnify us against all losses, costs, and expenses arising from: (a) your misuse of the Website; (b) your breach of these Terms; or (c) your infringement of any third-party rights.
11. Privacy and personal information
11.1 Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy.
11.2 By using the Website and providing personal information, you acknowledge that we may collect, use, and disclose that information in accordance with the Privacy Policy and the Privacy Act.
12. Marketing communications
12.1 We will only send you marketing emails or SMS messages if you have given us your consent or we otherwise have a lawful basis under the Unsolicited Electronic Messages Act 2007.
12.2 You can withdraw consent at any time by using the unsubscribe link in our messages or contacting us at sales@simmsdiesel.co.nz.
12.3 We will process unsubscribe requests within 5 working days and maintain a working unsubscribe facility for at least 30 days.
13. Cookies and analytics
13.1 We use cookies and similar technologies to understand how visitors use the Website and to personalise content.
13.2 This includes third-party analytics services such as Google Analytics.
13.3 You can control cookie settings in your browser and opt out of targeted advertising. Further information is in our Cookie Notice on our Legal notices page.
14. Changes to these Terms
14.1 We may update these Terms from time to time by posting the updated version on the Website.
14.2 Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.
15. Governing law and disputes
15.1 These Terms are governed by New Zealand law.
15.2 Any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the New Zealand courts, without prejudice to a consumer's right to bring a claim in the Disputes Tribunal.
