Website terms

1. About these Terms

1.1 These Website Terms of Use (Terms) govern your access to and use of the website at www.ovrdrvsupply.com and any related subdomains (Website).

1.2 The Website is operated by Simms Diesel & Turbocharger Service Limited (NZBN 9429040749990), a New Zealand company trading as OVRDRV (we, us, our or OVRDRV).

1.3 By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website.

1.4 The Website is intended to provide information about OVRDRV products, including general product and vehicle-fitment information, and to enable visitors to:

  • browse OVRDRV product information;
  • locate or contact an authorised OVRDRV stockist;
  • make product, fitment, general, or stockist enquiries; and
  • subscribe to OVRDRV communications.

1.5 Unless we expressly state otherwise, products displayed on the Website are not offered for sale through the Website. The Website does not provide public cart, checkout, payment or ordering functionality.

2. Contact details

2.1 Our contact details are:

  • Legal name: Simms Diesel & Turbocharger Service Limited
  • NZBN: 9429040749990
  • Address: 77 Leonard Road, Mount Wellington, Auckland 1060, New Zealand
  • Email: hello@ovrdrvsupply.com
  • Telephone: +64 9 579 1159

2.2 We are a trader for the purposes of the Fair Trading Act 1986 (NZ).

3. No online sale or supply contract

3.1 Information on the Website does not constitute an offer by us to sell, supply, or make available any product.

3.2 Submitting an enquiry, subscribing to updates, using a stockist locator, viewing product or fitment information, or communicating with us through the Website does not create:

  • a contract for the sale or supply of any product;
  • a quotation, reservation, order acceptance or supply commitment;
  • an approval to become an authorised stockist; or
  • an agency, distribution, franchise, dealership, exclusivity, or other commercial relationship.

3.3 At launch, Simms Diesel & Turbocharger Service Limited is the authorised OVRDRV stockist. If you purchase a product from Simms through another sales channel, that purchase will be subject to the terms that apply to that sales channel and transaction.

3.4 We may appoint or list other authorised stockists in the future. If you purchase a product from another authorised stockist, your purchase contract will be with that stockist, not with us as operator of the Website, unless we expressly state otherwise.

3.5 An authorised stockist’s product availability, price, payment arrangements, delivery arrangements, returns process, warranty handling, and other sale terms may differ from those of another stockist. You should confirm those matters directly with the relevant stockist before purchase.

4. Product, fitment and other website information

4.1 The Website may contain information about OVRDRV products, including product descriptions, images, specifications, technical information, vehicle applications, compatibility information, fitment guides, and other related material (Product Information).

4.2 Product Information is provided for general information and product-discovery purposes. Although we take reasonable care in preparing it, Product Information may not be complete, current, or suitable for every vehicle, use case, or configuration.

4.3 Vehicle compatibility and fitment information is provided as a guide only. Fitment may depend on matters including the vehicle’s exact model, year, engine, drivetrain, factory specification, market variant, previous modifications, accessories, and installation requirements.

4.4 Before purchasing, installing or using a product, you should confirm that it is suitable for your particular vehicle and intended use with Simms or another authorised OVRDRV stockist, and arrange installation by a suitably qualified person where appropriate.

4.5 You must not rely solely on Website Product Information where the suitability, safety, legality, or performance of a product is material to your decision. Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.

4.6 We may correct errors, omissions, inaccuracies, or outdated Product Information, and update, withdraw or change products or Product Information, at any time without prior notice.

5. Stockist information, links, and referrals

5.1 The Website may display contact details for authorised stockists, link to stockist websites, or enable you to make an enquiry that may be referred to an authorised stockist.

5.2 Stockist listings, locations, contact details, and other stockist information are provided for convenience only. We do not guarantee that a stockist will have a particular product in stock, offer a particular product, be available at a particular time, or offer a particular price or service.

5.3 Third-party websites are not under our control. We are not responsible for their content, availability, security, privacy practices, products, services, pricing, terms, or conduct. Your use of a third-party website is subject to that third party’s terms and privacy practices.

5.4 Where you ask us to assist with a product or fitment enquiry, we may respond directly or, where appropriate to address your request, provide your enquiry details to an authorised OVRDRV stockist. Our handling of personal information is explained in our Privacy Policy.

6. Enquiries and stockist interest

6.1 You must ensure that information you provide through the Website is accurate, current, and complete.

6.2 We may respond to, decline, redirect, or not proceed with an enquiry at our discretion.

6.3 A request to stock, distribute, resell, install or otherwise use OVRDRV products in a business does not oblige us to approve you as a stockist, open a trade account, supply products, provide pricing, or enter any agreement with you.

6.4 Any future appointment of a stockist, provision of a trade account, or supply of products to a business will be subject to separate terms, approval processes, and/or agreements notified at the relevant time.

7. Acceptable use

7.1 You may access and use the Website only for lawful purposes and in accordance with these Terms.

7.2 You must not:

  • use the Website in a way that is unlawful, fraudulent, misleading, harmful, or disruptive;
  • copy, reproduce, adapt, modify, distribute, publish, commercially exploit, or create derivative works from Website content except as permitted by law or with our prior written consent;
  • use bots, spiders, crawlers, scrapers, data-mining tools, or other automated means to access, collect data from, or interact with the Website without our prior written approval;
  • interfere with, disrupt, damage, impair, or compromise the Website, its security or another user’s access to it;
  • introduce viruses, malware, harmful code, or material; or
  • use the Website to infringe another person’s rights.

8. Intellectual property

8.1 All intellectual property rights in the Website and its content, including text, images, logos, product descriptions, code and layout, are owned by or licensed to us unless stated otherwise.

8.2 You may view the Website and print or download reasonable extracts of Website content for your own personal use or legitimate internal business evaluation, provided you do not remove proprietary notices and do not otherwise breach these Terms.

8.3 No right, title, or interest in any intellectual property right is transferred to you through your use of the Website.

8.4 Use of the OVRDRV name, logo, trade marks, product images, or other brand assets requires our prior written consent unless permitted by law.

9. Website availability and liability

9.1 We may change, suspend, withdraw, restrict, or discontinue any part of the Website at any time. We do not guarantee that the Website will always be available, uninterrupted, secure, or error-free.

9.2 To the maximum extent permitted by law, we exclude all representations, warranties, and conditions relating to the Website and Website content that are not expressly set out in these Terms.

9.3 To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special or exemplary loss, or for loss of profit, revenue, goodwill, data, business opportunity, or anticipated savings, arising out of or in connection with your use of, or inability to use, the Website.

9.4 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, remedy, warranty, or condition that cannot lawfully be excluded, restricted or modified.

9.5 Subject to clause 9.4, our total liability to you arising out of or in connection with the Website or these Terms is limited to NZ$100.

9.6 You indemnify us against losses, liabilities, costs and expenses (including reasonable legal costs) arising from your unlawful use of the Website, your breach of these Terms, or your infringement of another person’s rights.

10. Privacy and cookies

10.1 Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.

10.2 We use cookies and similar technologies as described in our Cookies & Analytics Notice. You may manage relevant preferences using the controls available on the Website and through your browser settings.

11. Future trade portal

11.1 We may make trade-account, trade-pricing, ordering, payment, or other authenticated portal functionality available in the future.

11.2 If such functionality is introduced, access may be limited to approved business customers using authorised account credentials.

11.3 Additional terms, including Trade Portal Terms, trade supply terms and/or a stockist or dealer agreement, may apply to that functionality. Those additional terms will be made available before relevant functionality is used and will prevail over these Terms to the extent of any inconsistency.

12. Changes to these Terms

12.1 We may update these Terms from time to time by publishing the updated version on the Website.

12.2 The updated Terms take effect when published, unless we state otherwise. Your continued use of the Website after that date constitutes acceptance of the updated Terms.

13. Governing law

13.1 These Terms are governed by New Zealand law.

13.2 The courts of New Zealand have non-exclusive jurisdiction in relation to disputes arising out of or in connection with these Terms or the Website.

13.3 Nothing in these Terms is intended to deprive a person of the protection of mandatory laws that apply to them and cannot lawfully be excluded by agreement.