Terms of Service

1. About these terms

These terms apply to goods and services supplied by CTB Performance and Accessories Limited ("CTB", "we", "us" or "our"), including parts, accessories, workshop services and vehicle modifications. "You" means the customer purchasing those goods or services.

We will make these terms available before you confirm your order or authorise work. They form part of our agreement when you accept them as part of that process. Any additional or different terms must be expressly agreed by us in writing.

Your accepted quote, agreed scope of work and any expressly agreed written variations form part of our agreement. Specific terms agreed for your order take priority over these general terms, subject always to applicable law.

Our Returns & Refunds Policy explains our return procedures. Our Privacy Policy explains how we handle personal information. Both are available on our website or on request. Nothing in these terms reduces an entitlement expressly offered in our Returns & Refunds Policy.

2. Your consumer rights

Nothing in these terms excludes or limits rights or remedies that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Any additional CTB, supplier or manufacturer warranty is in addition to applicable statutory rights. A warranty expiry date does not, by itself, end those rights.

These general terms do not automatically exclude the Consumer Guarantees Act for business purchases. Any contracting out must be expressly agreed in writing, meet the statutory requirements and be fair and reasonable.

3. Orders and authority

An order is accepted when we expressly confirm acceptance or begin supplying the agreed goods or services. An automated acknowledgement of an online order confirms receipt only, unless it expressly states that the order has been accepted.

We may decline an order before acceptance, including where stock is unavailable or we cannot perform the requested work. We will refund any payment for an order we decline.

If you arrange work on a vehicle, you confirm that you own it or have the owner's authority to approve the work and agree to these terms. Please provide accurate vehicle details and tell us about relevant faults, previous modifications and intended use.

Please remove valuables and personal belongings before leaving your vehicle with us. This request does not exclude responsibility we have under applicable law.

4. Prices, quotes and estimates

Prices are in New Zealand dollars unless another currency is clearly stated. Prices include GST unless clearly identified as excluding GST. Where a quote shows a GST-exclusive amount, it will also identify GST and the total payable.

Quotes remain open for acceptance for 30 days from issue unless a different period is stated. A quote may be withdrawn before acceptance by notifying you.

An accepted fixed quote covers the work and quantities described. We will obtain your agreement before increasing the quoted price or carrying out additional chargeable work. Supplier price changes do not automatically change an accepted fixed quote.

An estimate is our reasonable assessment of likely cost, rather than a fixed price. If we expect a material increase, we will explain why, provide an updated estimate and obtain your approval before undertaking the affected additional work.

Where no price has been agreed, we will charge a reasonable price, having regard to any rates disclosed before work was authorised.

Delivery, certification and other additional charges will be identified before you commit to them. Unless included in the accepted scope, they are not automatically included in a package price.

5. Deposits and payment

Unless otherwise agreed in writing, a deposit of 50% of the quoted or estimated price is required for workshop work and orders we procure specifically for you. We will confirm the amount before you commit, and need not start work or order those goods until it is received. Online purchases are payable in full at checkout unless another arrangement is offered.

Deposits are credited towards the total price. They are not automatically forfeited if an order is cancelled; section 6 explains how cancellation charges are calculated.

Unless we have agreed credit terms, the outstanding balance is payable when work is complete and before collection or release of the vehicle or goods. Where we have expressly agreed seven-day credit terms, payment is due seven calendar days after the invoice date. Other agreed written account terms take priority.

Please tell us promptly if you dispute an invoice, identifying the amount and reason. Undisputed amounts remain payable when due. Nothing in these terms removes a right to withhold payment or claim a set-off that cannot lawfully be excluded.

For overdue, undisputed amounts, we may charge simple interest at an annual rate equal to the Reserve Bank of New Zealand Official Cash Rate on the due date plus 10 percentage points. Interest is calculated daily from the day after the due date until payment. We will give written notice before applying this charge.

After reasonable notice and an opportunity to pay, we may recover reasonable debt collection and legal costs actually incurred in recovering overdue amounts, to the extent permitted by law. We will not recover the same cost twice.

6. Cancellations and changes

Please contact us promptly if you wish to change or cancel an accepted order or booking. We will explain whether the change is possible and obtain your agreement to any revised scope, cost or timing.

If you cancel for reasons unrelated to a breach by CTB or a statutory cancellation right, you may be responsible for reasonable, unavoidable loss directly caused by the cancellation. This may include authorised work already completed and non-recoverable costs of goods ordered specifically for you.

We will take reasonable steps to minimise that loss, account for costs saved and amounts recovered through returns or resale, and provide a breakdown. Any deposit will be applied to the amount properly payable and the balance refunded. Cancellation charges and restocking fees will not be used to recover the same loss twice.

Where we cannot supply an accepted order, we will discuss alternatives with you. You do not have to accept a substitute. If the affected supply is cancelled, we will refund amounts paid for it, without limiting any other rights you may have.

7. Workshop work and vehicle modifications

We will carry out services with reasonable care and skill and in accordance with applicable legal requirements.

Your authorisation covers reasonable movement, road testing and diagnostic testing necessary for the agreed work. Dyno testing, tuning and specialist testing must be included in the agreed scope or separately authorised. We remain responsible for taking reasonable care during testing and while your vehicle is in our custody.

If inspection reveals additional work, we will contact you for approval before incurring additional charges. If you decline that work, you remain responsible for authorised work already completed and any agreed diagnostic charges.

We may use suitable specialist contractors to complete parts of the agreed work. This does not remove our responsibility to you for services we have agreed to supply.

For customer-supplied parts, we remain responsible for our workmanship but do not provide an additional product warranty for parts we did not supply. We will tell you if we identify an apparent suitability or safety issue before installation. This does not exclude any responsibility imposed by law.

Performance figures must be read with the stated specification and testing basis. Results can vary with vehicle condition, fuel, configuration and test conditions. This does not override an express performance commitment or your statutory rights.

Any package-specific warranty, fuel requirement, maintenance requirement or limitation will be explained before you authorise the work. We do not represent that every modification preserves a vehicle manufacturer's warranty. The applicable package documentation identifies any additional warranty offered and its provider.

We will identify certification included in our scope, such as LVV certification. Further modifications after certification may require additional assessment or recertification at extra cost. Please discuss planned modifications with us before work begins.

8. Delivery, completion and collection

We will advise expected delivery or completion dates and notify you of significant changes. Estimates are not guaranteed dates unless expressly agreed, but we remain responsible for meeting agreed obligations and applicable requirements to supply within a reasonable time.

Where CTB arranges delivery, we remain responsible for our delivery obligations under applicable law. Please report missing, damaged or incorrect items promptly so we can investigate. Failure to report an issue within a particular short period does not automatically remove statutory rights.

Please collect goods or vehicles within the agreed collection period after we notify you that they are ready. If they remain uncollected for more than 14 calendar days, we may propose reasonable storage charges. We will give written notice of the rate and proposed start date and a reasonable opportunity to collect before charging. Storage charges must be agreed or otherwise lawfully recoverable and will not be imposed retrospectively.

9. Unpaid goods and vehicles

Ownership of goods supplied by CTB remains with CTB until those goods are paid for in full, subject to applicable law. This does not transfer ownership of your vehicle or other property to CTB merely because we work on it or install parts.

Where the law gives us a lien over a vehicle for unpaid authorised work, we may retain possession to the extent permitted by that lien. We will take reasonable care of the vehicle while it is retained.

These terms do not authorise unlawful entry, repossession or sale. Any enforcement, movement, storage or sale of property must comply with applicable law and required notice procedures.

Additional security arrangements under the Personal Property Securities Act 1999, including security registrations for trade accounts, must be documented in a separate written agreement identifying the relevant property and obligations. These terms do not grant a general security interest over all customer property.

10. Change-of-mind returns

For New Zealand orders, contact us within 30 days of receiving the product to request authorisation for a change-of-mind return, including where you ordered an incorrect item. Please obtain authorisation before sending it back.

Returned products must be unused, uninstalled and complete with their original, undamaged packaging, components, accessories and instructions. We may decline a change-of-mind return that does not meet these conditions. Any alternative deduction for missing or damaged components must be agreed with you.

Approved change-of-mind returns attract a restocking fee of 15% of the price paid for the returned item, excluding delivery charges. Original delivery charges are not refunded, and you pay return shipping. Please use secure packaging and a tracked courier.

Approved change-of-mind returns will be processed within 10 business days after receipt, excluding the delivery day, weekends and public holidays. Refunds go to the original payment method where possible, or another method agreed with you. Store credit requires your agreement and is not redeemable for cash.

We do not accept change-of-mind returns on international orders, subject to any mandatory rights under applicable law.

These change-of-mind conditions do not apply where CTB supplied an incorrect item or where you are entitled to a statutory remedy. Our Returns & Refunds Policy provides further details.

11. Faults, warranties and remedies

Contact us promptly if goods or services appear faulty, damaged, incorrectly supplied or inconsistent with the agreed description. Provide your order details and a description of the issue. Stop using the affected product or vehicle where continued use could be unsafe or cause further damage.

We will arrange a reasonable opportunity to inspect the issue and provide any remedy required by law, which may include repair, replacement, refund or compensation. Please contact us before arranging third-party remedial work where reasonably practicable; this does not limit statutory rights to obtain a remedy elsewhere.

Where a return is required because of an incorrect supply or a confirmed failure to meet applicable consumer guarantees, we will arrange return shipping or reimburse reasonable return shipping costs.

We do not impose a five-day fault claim limit. Original packaging is not required for statutory claims, and a refund required by law will not be replaced with compulsory store credit.

Additional warranties may contain reasonable requirements concerning servicing, fuel, installation or use. A failure caused by misuse, unsuitable subsequent modifications or inadequate maintenance may not be covered. We will not treat an unrelated maintenance omission as automatically cancelling all warranty or statutory rights.

12. Liability

CTB is responsible for its obligations under the agreement and applicable law. We do not exclude liability or compensation that customers are entitled to under consumer protection law.

We are not responsible for a failure or loss to the extent it was caused by your misuse, inaccurate information, unauthorised modifications or failure to follow reasonable instructions, except to the extent CTB also caused or contributed to it or the law otherwise requires.

Any additional allocation or limitation of commercial risk for business customers must be expressly set out in a separate written trade agreement and be lawful and enforceable. These general terms do not impose a blanket cap on consumer remedies.

13. Events beyond reasonable control

If an event beyond our reasonable control affects supply, we will notify you, take reasonable steps to reduce the impact and discuss revised timing. This does not excuse a failure to take reasonable care or remove statutory rights.

If the affected supply remains prevented for 20 business days, either party may cancel the affected, unperformed part by written notice. We will refund amounts paid for that part. Any payment for completed work or supplied goods remains subject to the agreement and applicable cancellation rights. No additional cancellation penalty applies solely because of this event.

14. Intellectual property

CTB and its licensors retain ownership of intellectual property they own in designs, software, tuning files, documentation and branding. Buying goods or services does not transfer those intellectual property rights unless expressly agreed.

You may use the supplied goods, services and associated materials for their intended purpose. This clause does not claim ownership of intellectual property you already own or restrict rights that cannot lawfully be excluded.

15. Privacy

We handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy. We use information as reasonably necessary to process orders, provide services, administer accounts and meet legal obligations.

Marketing communications are subject to appropriate consent and unsubscribe arrangements. These terms do not provide blanket consent to unrelated marketing or unrestricted use of your information.

Where a trade credit arrangement involves credit checks or reporting, we will provide the relevant notices and obtain any necessary authorisation. Any credit reporting or debt collection disclosure must comply with applicable privacy requirements.

You may request access to, or correction of, your personal information by contacting us.

16. Disputes, notices and changes

Please contact us first if you have a concern so we can try to resolve it promptly. This does not restrict access to the Disputes Tribunal, courts or relevant regulators.

Routine notices may be sent to the email or postal address you have provided. Formal legal documents must be served in accordance with applicable law.

New Zealand law applies, subject to any mandatory consumer protections that apply to international customers.

If a provision is unenforceable, the remaining provisions continue to apply so far as they can operate fairly and lawfully. Any assignment of rights or obligations must comply with law and must not reduce your existing rights; transferring performance obligations requires your agreement unless the law permits otherwise.

We may update these terms for future orders. Updates do not retrospectively change existing agreements. We will keep a record of the version applicable when your order was accepted.

17. Contact us

CTB Performance and Accessories Limited
Website: https://www.ctb.co.nz
Email: info@ctb.co.nz
Phone: (09) 278 3185