Terms and Conditions Consumers
The following Terms and Conditions will be applicable if the transaction is entered into with a Consumer as defined in terms of the Consumer Protection Act, Act 68 of 2008.
The Consumer will be supplied with an estimate for any repair or maintenance work. Approval will be required for the initial estimate and also for any additional repair or maintenance service unless the Consumer in writing agrees otherwise.
- Any authorised additional work performed will not create a new agreement and will form part of the initial estimate and subject to all the terms and conditions.
- The Service Provider has the right to request a deposit in circumstances. The Consumer has the right to cancel the service at any time, unless the goods ordered are special-ordered goods. Specially ordered goods may not be cancelled and the full charge will be charged for goods already ordered. The Service Provider may also charge a cancellation fee for the cancellation of other general goods or services. The fee will depend but is not limited to the traveling time spent on the Consumer’s premises, labour for the work carried out up to the time of the cancellation, a reassembling fee if required and the cost for all parts, accessories, and consumables installed.
- Unless otherwise agreed, the repair and maintenance work shall be performed during normal working hours If the Consumer requires after hour work, the Consumer will pre-authorise the additional fee thereto.
- The Consumer has the right on completion of the service to examine the repair and maintenance service. Should the goods repaired be damaged during my examination thereof as a result of my recklessness or deliberate behaviour, gross negligence or criminal conduct, the Consumer will be liable for the payment of the authorised work and the cost for repair of the damage and indemnify the Service Provider for any loss, damage or injury.
- The risk of damage or loss to the goods will remain the Consumers risk after delivery of the goods and the Service Provider will only be responsible for any loss, directly or indirectly because of the Service Provider’s gross negligence.
- The time and date of completion of the service is an estimate due to availability of parts, possible other additional pre-authorised work to be performed and the Service Provider therefore does not warrant the exact dates and times.
The Service Provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required installing it, for a period of three months after date of instillation or such longer period as the original manufacturer may specify in writing.
- The warranty will be void if the Consumer has subject the part, or the goods or the property in which it was installed, to misuse and abuse and if the part or goods was worked on/opened by someone else other than the Service Provider.
- The warranty will be void if the Consumer has failed to use repaired goods in accordance with the instructions and specifications of the Service Provider.
- The warranty does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinary be used.
- The Consumer is entitled to receive the old/used parts in a clean container. The Consumer agrees to the old parts, unless the parts is part of a warranty claim or it is against national legislation that requires disposal of the old/use part in a specific manner.
- The Consumer address (domicile) as on the quotation/job card will be address where all documentation will be accepted by the Consumer.
- Payment for authorised work shall be paid in South African currency on finalisation and proof of the transaction will be an invoice issued by the Service Provider displaying a VAT number, address of the Service Provider, cost of the service/parts/goods and the amount of VAT applicable to the transaction. The amount on the invoice will be the amount payable and easy determinable to the Service Provider and such amount will be prima facie (on the face value) regarded as correct.
- Goods or the vehicle will not be released to the Consumer until full payment is received by the Service Provider and the Consumer will be liable for storage fees that may be incurred due to non-payment. The Service Provider will have a general lien (right to keep goods) on the goods and all their contents for all money owing to the Service Provider.
- If any of the parties is in breach of this agreement, the innocent party will have the right to recover all legal costs and disbursements on an attorney and Consumer scale.
Upon acceptance of the quotation, the Consumer acknowledges that he/she had an opportunity to read through the Terms and Conditions, understand the Terms and Conditions, and is bound thereto.