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Ride Fox Bike NZ Service Centre Terms and Condition

  • Updated

The following terms and conditions (the "Terms and Conditions") govern the service, repair, or replacement of your product by Marleen Wholesalers Ltd (FOX BIKE NZ), as the Agents for Fox Factory – Bike in NZ. Marleen Wholesalers, Fox Factory, Inc. and its subsidiaries and affiliates (collectively, "FOX," "we" or "us" or "our").

Service under this Agreement is offered and valid only to residents located in New Zealand and its associated territories.

  1. Repair Service. To initiate a repair or service, please submit a service/warranty request form online which describes your service and estimated charges and submit. FOX BIKE NZ will send you a confirmation of your repair Service request via email shortly after receipt and provide shipment details for your product. You will then ship your product to the FOX BIKE NZ service centre as instructed. Once service is complete, FOX BIKE NZ will charge your payment method and ship the serviced product back to you.

In Some cases additional minor work or parts are found to be needed. On the Service form you can authorize FOX BIKE NZ to spend up to an approved additional amount without making contact with you. We suggest this value be set at between $50 - $100. Any work required above will not be done without your approval.

Residents of New Zealand will automatically receive a detailed, itemised invoice via email.

When the product is covered by FOX BIKE NZ 's warranty or consumer warranty law, those terms are applicable law will also apply.

To initiate a service request, you must be 18 years of age or older. You agree to pay all applicable taxes.

  1. Warranty Evaluation. If you are requesting a service based on a warranty claim, you will be asked to upload proof of your purchase and to describe the defect. If you do not have proof of your purchase, your claim may be void. If FOX BIKE NZ determines, at its sole discretion, the issue is not one covered under the existing warranty, then FOX BIKE NZ will contact you to inform you the price of the service and will await your approval before proceeding. If you do not approve the service, you will be responsible for shipping charges to send the product back to you.
  2. Parts and Labor. In servicing your part, FOX BIKE NZ may use parts or products that are new, previously used genuine parts, or parts that have been tested to meet FOX BIKE NZ's functional requirements, subject to applicable law. FOX BIKE NZ will retain the serviced or replaced part or product that is exchanged during the service as its property and the replacement part or product will become your property. If applicable law requires FOX BIKE NZ to return a replaced item to you, and upon your request, you agree to pay FOX BIKE NZ the retail cost of the replacement item and shipping.
  3. Payment. You will be charged before shipment of your serviced product. On competition of the Service a payment link will be sent via email. Payment must be received prior to shipment of your product. You agree to pay in full the prices for any purchases you make either by credit/debit card or by other payment means acceptable to us. If payment is not received by us, your product will be held for sixty days until payment is made, otherwise it will be deemed abandoned. If payment is received by us and later disputed or denied, you agree to pay all amounts due in collection of the payment owed, as applicable by law.
  4. Prices and Tax. Your total Service Authorization will include the price of the product or service on the day of servicing or site access. FOX BIKE NZ reserves the right to change pricing at any time or to correct typographical errors, see Section 18. A changing in pricing would not affect any Service Requests already submitted. In addition to your purchase price, FOX BIKE NZ will charge GST on applicable transactions based on your shipping address and the GST rate in effect at the time your order is billed.
  5. Shipping. After you submit a service request order form online, FOX BIKE NZ will send you instructions for shipping and packaging. You are responsible for payment of shipping to FOX BIKE NZ, except for warranty claims (where you are responsible for shipping to FOX BIKE NZ, and FOX BIKE NZ will cover return shipping to you). You are also responsible for parts that are lost or damaged because of failure by you or the shipping carrier. The shipment from FOX BIKE NZ will be included as part or your service payment price.
  6. Delivery. Once your order has been prepared for shipment or has been shipped, FOX BIKE NZ is unable to change the shipping address.
  7. Service Status. Your service status will be emailed to you automatically by the FOX BIKE NZ system. You may inquire about your service status at any time by contacting support@ridefoxbike.co.nz
  8. Cancellation. Once a Service Authorization has been submitted and the product has been shipped, you may not cancel the service order.
  9. Irredeemable Products. If FOX BIKE NZ determines your product cannot be serviced and does not require a replacement, under applicable law and within the warranty period, then FOX BIKE NZ will not service your product and will ship it back to you. There will be a freight charge that will need to be paid to return you product in most cases. We advise you carefully review our website when submitting your Service Authorization for the types of services we cannot perform.
  10. Abandoned Product. FOX BIKE NZ will ship your serviced product to the mailing address you provided when you authorised the service. If the product is returned to FOX BIKE NZ by the shipping carrier because delivery could not be completed to the address provided, FOX BIKE NZ will attempt to contact you for an alternative mailing address. If you do not respond to FOX BIKE NZ's request within sixty days, you will be notified, and your product will be deemed abandoned. FOX BIKE NZ may dispose of your product in accordance with applicable law, including selling your product.
  11. Refunds. Except as provided by your product warranty, FOX BIKE NZ does not provide refunds for service orders.
  12. Service Warranty. For all service orders, FOX BIKE NZ provides an express limited warranty as follows: FOX BIKE NZ warrants that (a) services performed will conform to their description for ninety (90) days from the date of service; and (b) all parts of products used in service will be free from defects in materials and workmanship for ninety days from the date of service. If a non-conforming service or defect arises in the repair or replacement of a product during the applicable warranty period, FOX BIKE NZ will at its option or as required by law, either (x) re-perform the services to conform to their description; (y) repair or replace the product using parts that are new or previously used and have been tested and passed functional requirements; or (z) refund the sums paid for the repair service.
  13. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, FOX BIKE NZ SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
  14. Limitations of Liability. FOX BIKE NZ DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FOX BIKE NZ WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, FOX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (a) PERSONAL DEATH AND INJURY AND (b) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND, IN SUCH CASES, FOX BIKE NZ DOES NOT SEEK TO EXCLUDE THIS LIABILITY.
    1. Data Processing. You agree and understand that by submitting a service/warranty request, it is necessary for FOX BIKE NZ to collect, process, and use your personal information to perform the services under these Terms and Conditions. FOX BIKE NZ will protect your personal information in accordance with its Privacy Policy, (please see a copy at the end of this document).
  15. Export Control. You may not export or re-export in violation of export laws.
  16. Typographical Errors. FOX BIKE NZ is not responsible for any typographical errors and reserves the right to cancel any order for a typographical error in pricing or other terms.
  17. Changes to Terms of Use. FOX BIKE NZ reserves the right to change any portion of the Terms and Conditions, in whole or in part, at any time. Where permitted by applicable law, changes in the Terms and Conditions will be effective when posted.
  18. Waiver. Any waiver or any right under this Agreement shall not be construed as an ongoing or continuing waiver of the same or any other right, unless such waiver is in writing signed by the waiving party.
  19. No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
  20. Force Majeure. FOX BIKE NZ will not be liable for loss, delay, or non-performance to the extent resulting from any force majeure event, or an event outside of FOX BIKE NZ 's reasonable control.
  21. Subcontractors. FOX BIKE NZ may subcontract with other service providers for the service of your product.
  22. Conflict of Terms; English. In the event of a conflict between different translations of this document, the English translation will prevail.
  23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, in whole or in part, by judgment, order or decree of any court or other judicial tribunal of competent jurisdiction, it shall be severed from this Agreement and the remaining terms and provisions shall remain valid and in full effect.
  24. Complete Agreement. This Agreement supersedes all agreements either oral or written between the parties with respect to the rendering of services by FOX BIKE NZ.
  25. Governing Law. This Agreement is governed by New Zealand law.
  26. Contact Information. Contact us at support@ridefoxbike.co.nz if you have any questions relating to these Terms and Conditions.

For New Zealand the FOX BIKE NZ Service centre address is: Marleen Wholesalers Ltd (Fox Service Centre), 53 Treffers Road, Wigram, Wigram Park, 8042

Additional charges

Due to unforeseen circumstances, we may discover additional wear or damage that needs attention. If this happens, there can be extra costs beyond the original service quote.

To minimise bike downtime and keep your service moving smoothly to avoid unnecessary delays, you may authorise an additional charge limit that can be applied without prior approval on the service request form. We suggest this is set to a minimum of $50, which you may increase or decrease at your discretion. If any work is needed that exceeds your approved limit, we’ll contact you first for approval before continuing. Once we receive your confirmation, we’ll complete the service as quickly as possible.


 

 

Our Privacy Statement

Marleen Wholesalers LTD is committed to protecting your privacy and complying with the New Zealand Privacy Act 2020. This statement explains how we collect, use, and manage your personal information. 

  • Collection of Information: We collect personal information (such as your name, contact details, and relevant preferences) primarily from you when you use our services or interact with our website(s). We only collect information necessary for our lawful business purposes.
  • Use of Information: We use your information to provide our services to you, communicate with you, and improve our offerings. We will not use your personal information for any other purpose without your consent, except where permitted by law.
  • Sharing and Disclosure: We do not disclose your personal information to third parties unless it is for the purpose for which we collected it, or if required by law (e.g., for law enforcement purposes).
  • Storage and Security: We take reasonable steps to ensure your personal information is stored securely and protected from unauthorised access or misuse.

Access and Correction: You have the right to access and correct the personal information we hold about you. You can do this by contacting our Privacy Officer.

Contact Us: If you have any questions or concerns about our privacy policy or practices, please contact our Privacy Officer at: [Bevan Burgess, 63 Treffers Road, Wigram, Christchurch 8042, bevan@marleen.co.nz, 03-3484150]. 

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