Trading Terms

1 – General

  1. This Tao Performance site at www.taoperf.com, (the “Site”) is an information, support and shopping website where you can browse, select and order products from Tao Performance (“Tao Performance”, “us” or “we)

    The ‘buyer’ refers to any legal entity purchasing from the seller.

  2. The buyers access to and use of the site, including the buyers order of products through the site, is governed by these terms (“Trading Terms” or “Terms and Conditions”).
  3. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
  4. This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.
  5. The customer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

2 – Compliance

  1. The buyer agrees to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are “Terms of Use”, “Disclaimers” and “Privacy Policy” that apply to the use of the site. The buyer agrees to comply with these.
  2. The buyer agrees to comply with all relevant laws relating to your use of the site and the buyers placement of any order through the site.

3 – Placing an order for products

  1. The buyer may order products by selecting and submitting the order through the site in accordance with these terms and conditions.
  2. Any order placed through this site for a product is an offer by the buyer to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time you place the order. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
  3. The seller may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
  4. You agree to provide us with current, complete and accurate details when asked to do so by the site.

4 – Acceptance or rejection of an order

Accordion Content

  1. In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.
  2. Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
    • supply the products in that order to you in accordance with these terms and conditions; and
    • provide you with an email confirmation of that order.
  3. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5 – Back orders

  1. If we determine that we do not have in stock a particular product in your order, then we will use reasonable endeavors for 30 days to order the relevant product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
  2. Our Back Order Policy is incorporated into these terms and conditions.

6 – Delivery of products

  1. Delivery options and price will be confirmed after the order is placed.
  2. You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.

7 – Risk & Title

Risk and title to the products passes to you on the date and time of delivery to the delivery address.

8 – Charges and fees

  1. We will charge you, and you agree to pay, the purchase price of each product that is ordered.
  2. All fees and charges identified in these terms and conditions and all prices for the products are in US Dollars (USD) and do not include any tax.
  3. The purchase price of each product is shown on the product list on the site at the time you place your order.
  4. Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the products in that order.
  5. If you cancel an order then we will refund any amounts paid by you for that cancelled order.

9 – Payment methods

  1. You may pay the fees and charges for an accepted order using the following payment methods:
    • to be defined
  2. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
  3. If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.
  4. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means
  5. All prices quoted are in U.S. Dollars (USD).
  6. All transactions will be charged in USD regardless of what the currency converter states.

10 – Damaged products and returns

  1. You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Customer Service. If you notice damage to a product after delivery, you should notify us within 10 days of delivery. If so, you may return the product to us in accordance with this clause.
  2. If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product for exchange or refund excluding shipping costs within 10 days and in its original condition and packaging.  Refunds will be processed once the returned product has been received by us and checked for original condition.
  3. Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
  4. We will not refund the delivery fee (if applicable) where the products have been delivered to you, unless you are returning the product because it was damaged.

11 – Warranty

Tao Performance warrants this product to be free from defects in workmanship and materials, under
normal use and conditions, for a period of one (1) year for the original invoice date. Shipping
and handling fees are to be paid for by the customer. Tao Performance agrees, at its option during the
warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished
product of equal value in exchange without charge (except for a fee for shipping, handling, packing,
return postage, and insurance which will be incurred by the customer). Such repair or replacement is
subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the
model number on original dated sales receipt.

WARRANTY LIMITATIONS: This warranty does not include: 

  • Any condition resulting from improper use of the product or use for which the product was not intended (including but not limited to improper connection)
  • Any condition resulting from incorrect or inadequate installation, maintenance or care
  • Damage resulting from misuse, abuse, negligence, accidents or shipping damage
  • Dissatisfaction due to buyer’s change of mind

On the rare occasion that you think a product purchased from Us is faulty and under warranty, please contact Tao Performance immediately. Please email info@taoperf.com regarding any returns of online orders with installation details (type of installation, location, equipment it is connected to, name of installer) and pictures of the product the way it has been installed. If Tao Performance deems the product as a warranty claim the item will need to be returned to an address will we provide at that time with a covering letter containing your details and stating the issue plus any other information relevant to the warranty claim.

Once we have received the product it will be assessed internally for warranty analysis. If the product is found to be a manufacturing fault at first instance we will repair, replace or give full refund at our discretion.

12 – Liability

  1. Subject to clause 12.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided “as is” and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.
  2. Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
    • in the case of services: the resupply of the services; or the payment of the cost of resupply; and
    • in the case of goods: the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
  3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  4. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

13 – Termination

  1. We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    • the breach cannot be remedied; or
    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • if there is an emergency.
  2. We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

14 – Changes to these terms and conditions

  1. For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
  2. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.