Legal

Website terms

Last updated: 18 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 using the Website, you agree to the website-use provisions of these Terms. When placing an order, you must accept the Terms presented to you during checkout. The Terms applicable to that order are the version you accepted when placing it.

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 Before accepting an order, we may decline it because of a genuine pricing or listing error, unavailability of the Goods, reasonable concerns about fraud or unauthorised payment, or an inability to verify necessary payment or identity information. We will notify you promptly and refund any payment received for a declined order.

4. Pricing, shipping, errors, and availability

4.1 All prices displayed on the public Website are in New Zealand dollars and include GST. Prices exclude freight, which is shown separately at checkout or quoted for your approval under clause 4.2.

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 take reasonable care to ensure that product descriptions, images, specifications, and prices are accurate. If we identify an error affecting your order, we will contact you and deal with it under clause 4.4. Nothing in this clause limits any rights you have under applicable law.

4.4 If we identify a pricing, description or availability error before accepting your order, we may contact you to ask whether you wish to proceed on corrected terms or decline the order and refund any payment received. After accepting your order, we will not increase the price, substitute materially different Goods, or cancel solely because of a listing error without your agreement, except where otherwise permitted by law.

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 Where the Consumer Guarantees Act applies, our Goods come with the guarantees provided by that Act. Those guarantees cannot be excluded except where the Act permits a valid agreement to contract out for a business purchase.

6.2 If a failure cannot be remedied or is of a substantial character under the Consumer Guarantees Act, you may, subject to the Act’s conditions: (a) reject the Goods and choose a refund or a replacement of the same type and similar value where reasonably available; or (b) retain the Goods and claim compensation for their reduction in value.

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 a failure can be remedied and is not of a substantial character, you may require us to remedy it within a reasonable time. We will provide the remedy required by the Act. If we refuse or neglect to remedy the failure, or do not succeed within a reasonable time, you may have it remedied elsewhere and recover reasonable costs, or reject the Goods, subject to the Act.

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.

6.6 You may also be entitled to compensation for other reasonably foreseeable loss or damage caused by a failure, whether or not the failure is of a substantial character.

7. Returns, refunds, and warranty

7.1 Faulty or non-conforming Goods. If you believe Goods are faulty, not fit for purpose, not as described, or otherwise fail to meet an applicable legal guarantee, please contact us as soon as reasonably practicable after discovering the issue. Provide your order number or other reasonable proof of purchase and details of the issue. A delay in contacting us does not, by itself, remove any rights you have under applicable law.

7.1(b) We will assess your claim and provide any remedy required by the Consumer Guarantees Act or other applicable law. The time limits and conditions applying to statutory claims are those provided by law, not those in our change-of-mind returns policy. Original packaging is not required for a statutory claim.

7.1(c) Please contact us to arrange the return or assessment of Goods. Where a claim is covered by the Consumer Guarantees Act, we will meet reasonable return costs for which we are responsible under that Act. If rejected Goods cannot be returned, removed, or transported without significant cost because of the failure, their size, height, or method of attachment, we will arrange collection at our expense as required by the Act. Return freight for change-of-mind returns is addressed separately in clause 7.2.

7.2 Change-of-mind returns

(a) In addition to your statutory rights, we accept change-of-mind returns if you notify us within 10 days after receiving the Goods. The Goods must be unused, unfitted, unmodified, in their original packaging and accompanied by reasonable proof of purchase.

(b) A restocking fee of 10% of the returned Goods’ purchase price applies.

(d) Special-order or indent Goods are excluded from this change-of-mind policy.

(e) These conditions apply only to change-of-mind returns. They do not limit any rights or remedies under the Consumer Guarantees Act or other applicable law, including where Goods are faulty, unsuitable for a purpose covered by an applicable guarantee, or incorrectly described.

7.3 Additional warranties

(a) Some Goods come with an additional express warranty provided by Simms Diesel, the manufacturer, or both. These warranties are additional to any rights you have under the Consumer Guarantees Act or other applicable law.

(b) The provider, coverage, exclusions, duration and claim process for an additional warranty are set out on the relevant product page, supplied with the Goods, or explained on our Warranty page.

(c) You may bring a claim under the Consumer Guarantees Act directly to us as the supplier. You do not need to obtain the manufacturer’s approval before making that claim.

(d) Where a manufacturer provides an additional warranty, we will assist with claims where applicable. The expiry or limits of an additional warranty do not, by themselves, end or limit any statutory rights you may have.

7.4 For returns and refunds, please contact sales@simmsdiesel.co.nz.

8. Business purchases

8.1 This clause applies where you acquire Goods in trade. It does not apply merely because you have a trade account or provide business details.

8.2 Where you acquire Goods in trade, both parties are in trade, and the requirements of section 43 of the Consumer Guarantees Act 1993 are met, we and you agree that the Consumer Guarantees Act does not apply to that supply. This agreement applies only where it is fair and reasonable that the parties are bound by it. It does not apply to purchases for personal, domestic, or household use outside trade.

8.3 Except for an express warranty we provide or expressly agree applies to the Goods, warranties, conditions and guarantees implied by law are excluded to the extent they may lawfully be excluded. Nothing in this clause excludes an express warranty advertised as applying to the Goods.

8.4 To the extent permitted by law, our liability for a claim relating to Goods acquired in trade is limited, at our option, to:

(a) replacing the Goods or supplying equivalent Goods;

(b) repairing the Goods;

(d) refunding the price paid for the Goods.

8.5 To the extent permitted by law, we are not liable for indirect, special or consequential loss arising from a business purchase, including loss of profit, data or business opportunity.

8.6 The limitations in clauses 8.4 and 8.5 do not apply to:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence;

(d) any other rights or liability that cannot lawfully be excluded or limited.

8.7 This clause does not exclude the Fair Trading Act or restrict the Commerce Commission’s enforcement powers.

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 use the Website to obtain product information and purchase Goods for lawful personal or business purposes. This permission does not authorise copying or exploitation of Website content beyond what is reasonably necessary for that use or otherwise permitted by law.

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

10.1 Nothing in these Terms excludes or limits any liability or remedy under the Consumer Guarantees Act, the Fair Trading Act or other applicable law that cannot lawfully be excluded or limited. No purchase-price cap or exclusion of consequential loss applies to a claim to the extent that applying it would restrict those rights.

10.2 Any limitations applying to business purchases are set out in clause 8. Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by our negligence.

10.3 You are responsible for our reasonable, documented losses to the extent directly caused by your fraudulent or unlawful misuse of the Website or deliberate infringement of third-party rights. You are not responsible under this clause for loss caused or contributed to by us, or for loss we could reasonably have avoided. This clause does not limit any rights you have under applicable law.

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 by posting a revised version on the Website and updating the “Last updated” date.

14.2 Updated Terms apply prospectively to website use and orders placed after the update. They do not alter existing orders or accrued rights unless expressly agreed with you or required by law.

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.