STANDARD TRADING TERMS & CONDITIONS
1. DEFINITIONS
The following terms shall have the following meanings unless otherwise determined by the context. Clause headings appearing in these terms and conditions shall not affect interpretation.
• 1.1. ‘Company’ means the seller of the products and/or the services rendered as reflected on the invoice.
• 1.2. ‘Customer’ is the person, natural or otherwise, identified on the invoice.
• 1.3. ‘CPA’ means the Consumer Protection Act 68 of 2008
• 1.4. ‘NCA’ means the National Credit Act 34 of 2005
• 1.5. ‘Products’ means any product sold by the company and shall, where applicable, include fitment of such product and any ancillary or complimentary services.
2. PRICE
• 2.1. The purchase price for the Products shall be the price as reflected on the invoice.
3. PAYMENT
• 3.1. Payment will be made in South African Rand and without any set-off or deductions unless otherwise specified by statute.
• 3.2. Payment terms for Products sold on credit will be strictly 30 (thirty) days from date of statement.
• 3.3. Subject to the NCA, all overdue accounts shall accrue interest at the rate of 2% (two per centum) per month, reckoned from the due date for payment to the date of final payment.
• 3.4. The Company shall have the right to suspend all services and supply until all amount or accounts due and payable by the Customer are paid in full. The Company is authorised to retain possession of the vehicle or any other items on which work is performed or parts or services supplied as security for payment.
• 3.5. Company may appropriate all payments made by the Customer to such accounts as it will in its sole discretion decide.
• 3.6. In the event that any amount remains outstanding and Company instructs attorneys to recover such unpaid costs, the Customer shall be liable for all legal costs incurred by Company.
• 3.7. The Customer shall not be entitled to claim set off or deduction in respect of any payment due by the Customer to the Company for goods delivered or services rendered and the Customer will not be entitled to stay any action instituted by the Company pending the adjudication of any counter claim of the Customer.
•3.8. Should any amount not be paid by the Customer on the Due Date, the whole amount in respect of all purchases by the Customer shall immediately become due, owing and payable irrespective of the dates on which the good were purchased.
4. OWNERSHIP AND RISK
• 4.1. Ownership in the product or service rendered shall not pass to the Customer until all outstanding amounts relating to the purchase of such product or service are settled.
• 4.2. Irrespective of the above, the risk in the Products shall pass to the Customer on delivery to the Customer, its agent or any authorised recipient.
5. DELIVERY AND FITMENT
• 5.1. Delivery shall be deemed to have taken place when the Customer or any authorised person or employee signs the relevant invoice or when the Product leaves the Company’s premises, whichever is earlier.
• 5.2. The transportation costs and cost of any insurance on the Product shall be borne by the Customer.
• 5.3. The Customer acknowledges that any signature by the Customer, an agent for the Customer, any employee or another authorised person on this invoice or on any delivery notice will constitute proof of proper delivery on the Products.
• 5.4. The Company shall not be strictly bound by any date(s) agreed upon for completion of the work but shall make all reasonable efforts to complete work by such date(s).
• 5.5. The Company disclaims any risk or liability in the delivery of Products to the maximum extent allowable by statute.
6. WARRANTY
• 6.1. Subject to the CPA, no warranty or guarantee is extended from the Company to the Customer other than that provided by the manufacturer for the specific Products.
7. INDEMNITY
• 7.1. Subject to the CPA, the Customer hereby limits the liability of the Company to the price of the Products purchased.
• 7.2. The Products are sold subject to the manufacturer’s specifications and recommendations. Failure to adhere to these may result in damage, injury or harm.
• 7.3. The Company shall not be responsible for any loss or damage howsoever caused to or suffered by the Customer in respect of any vehicle, items in any vehicle, items or equipment on the premises of the Company, its agents or subcontractors whilst performing work on the vehicle or equipment. It is agreed that the Company shall be exempted from all liability in respect of any loss or damage, unless such loss or damage was caused as a result of the gross negligence of the Company, its employees or subcontractors.
8. DRIVING OF VEHICLES
• 8.1. Where the work performed involves the servicing, maintenance and/or repair of any vehicle belonging to the Customer, the Customer hereby authorises the Company or any of its employees to drive the vehicle for the purposes of testing and diagnosis or the removal of the vehicle from the premises of the Company for any reason. The Customer further authorises the Company or any of its employees to drive the vehicle on any public road, within its workshop and immediate surrounds.
• 8.2. The Customer hereby acknowledges that any such driving will be at their sole risk unless any loss or damage was caused by the gross negligence of the Company or its employees.
9. SUB-CONTRACTORS
• 9.1. All or any part of the work to be carried out by the Company may be carried out by it or on its behalf by any agent or subcontractor appointed by the company whether on the premises of the Company or not.