Find what you're looking for:

Workshop Standard Terms and Conditions

THESE ARE THE TERMS AND CONDITIONS RELATING TO YOUR RIGHTS AND OTHER MATTERS IN RESPECT OF THE REPAIR,

MAINTENANCE AND/OR REPLACEMENT WORK ("THE WORK") TO BE CARRIED OUT ON THE GOODS BY LAWNMOWER MECCA CC. SAVE WHERE EXPRESSLY STATED OTHERWISE, THE EXPRESSION "GOODS" WHEREVER USED IN THESE TERMS AND CONDITIONS INCLUDES EACH COMPONENT OF A LAWNMOWER, FRAME, ENGINE, MOTOR AND OR CONTROLE UNIT AS A SEPARATE UNIT.

I acknowledge, confirm and agree that:

1. THE SOUTH AFRICAN AUTOMOTIVE CODE OF CONDUCT (CODE)

1.1. The Authorised Service Repairer subscribes to and is bound by the CODE read together with the Consumer Protection Act 68 of 2008 ("CPA") and Regulations thereto.

2. RIGHT TO CHOOSE

2.1. In the event of additional work not authorised in terms of the estimate becoming necessary, the ASR shall provide me with the estimation pertaining to such additional work and shall obtain my prior approval before carrying out the additional work.

2.2. In the event that I have authorised additional work to be carried out as is contemplated in clause 2.1 above, such additional work shall be subject to all these terms and conditions and shall not be deemed to constitute or create a new or separate contract.

2.3. I have the right to cancel the work at any time provided that if such cancellation takes place:

2.3.1.1. at a reasonable time before the ASR is to commence with the work or any portion thereof (including disassembling and or assembling of the goods), then no cancellation charge will be levied;

2.3.1.2. at any other time than the time contemplated in paragraph 2.3.1.1, then I will be liable to pay a cancellation charge which shall include, but shall not be limited to the labour for the work carried out up to the time of cancellation, a reassembling fee and the cost of all parts and accessories installed into the goods.

2.4. I have been informed that the ASR does not collect, or arrange for goods to be collected, and I am therefor required to deliver the goods to the premises of the ASR for the work to be carried out and shall ensure that the goods are, and will remain available to the ASR during normal working hours (Monday to Friday from 08:00 — 17:00)

2.5. Any part of the work to be carried out in terms of the estimate may be carried out by any agent or subcontractor appointed by the ASR.

2.6. I have the right, prior to taking delivery, to examine the parts, components and workmanship, for purposes of quality and description, without removing the goods from the ASR's premises, or disassembling the goods in whole or in part, or taking any parts or components or having them taken apart.

2.7. Should the goods, or any parts or components thereof, be damaged during my examination thereof as a result of my gross negligence, recklessness, malicious (deliberate) behaviour or criminal conduct:

2.7.1. I will remain liable for payment of the authorised cost of the work as set out in the estimate; and

2.7.2. The ASR will not be obliged to restore the goods, or any parts or components, as the case may be, to any condition, and

2.7.3. I WILL NOT HOLD THE ASR RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY WHICH I MAY SUFFER AS A RESULT OF MY AFOREMENTIONED CONDUCT.

2.8. The risk of damage or loss of the goods will remain my risk at all times and the ASR will only be responsible for any loss, directly or indirectly attributable to its gross (intentional) negligence.

2.9. The ASR, or any of its designated employees or any employee of its designated third-party service providers, is entitled and authorised to test the goods on for performance, or elsewhere, if required to do so in connection with any inspection, or work, or other purposes for which the goods are accepted by the ASR, including, but not limited to, the testing of the goods, determining the nature of the work to be carried out, taking the goods for repairs to any other third party Service Provider.

2.10. Any dates given for delivery and completion of the work are estimates only and no exact delivery date or time has been agreed upon and that the ASR is not in a position to promise any delivery date or time.

2.11. The ASR will carry out the work as soon as is reasonably possible (bearing in mind that the ASR is dependent on the availability of parts and accessories) and no exact delivery date and time has been agreed upon and the ASR cannot warrant any delivery dates or times.

2.12. Should a quotation be requested, an upfront labour charge for stripping and quoting can be requested. Should the quotation not be accepted, the machine will be returned dis-assembled unless the client agrees to pay the labour fee for re-assembly.

3. RIGHT TO EQUALITY IN THE CONSUMER MARKET

3.1 I have the legal capacity (i.e. the law allows me) and authority (permission) to enter into this agreement and (if necessary) on behalf of

Detail of owner____________________________________________________________________________________

4. RIGHT TO PRIVACY

4.1. The ASR may not disclose any of my personal information other than for the purposes set out in this agreement, unless required by a court of law or under any applicable legislation.

5. RIGHT TO DISCLOSURE AND INFORMATION

5.1. The authorised cost of the work shall be paid by me in South African currency, free of exchange and any other charges at such address in the Republic of South Africa as the ASR may require without any deduction or right to set off

5.2. The work is completed for the purposes of these terms and conditions when I have received notice from the ASR that the goods are ready for collection.

5.3. Although payment for the work is only due on completion of the work, the ASR may demand a deposit before commencing the work or in the course of carrying out any work.

5.4. The price relating to any work done, or parts or components supplied, in relation to the goods, by the order of any employee in my employ, or by any person who is reasonably believed to be acting as my agent, or by the order of any person to whom the ASR is entitled to make delivery of the goods, shall be paid for by me.

5.5. If the ASR informs me that the goods are ready for collection and I don't collect the goods from the premises of the ASR within 3 (three) business days of being so informed, then the ASR will be entitled to recover storage fees from me calculated at the industry prevailing rate calculated from the date in which I was informed to collect the goods until the date on which I actually collect the goods (both days included) at the rate of R5 per day.

6. RIGHTS TO FAIR AND RESPONSIBLE MARKETING

6.1. I have not been approached by the ASR or any of its employees either personally, by way of electronic communication (including fax, telephone, sms or e-mail) or by way of mail for the direct or indirect purpose of enticing me to enter into this agreement.

7. RIGHT TO A FAIR AND HONEST DEALING

7.1. I have had a proper opportunity to consider the implications of this agreement (including the estimate) and I enter into this agreement out of my own free will and without any undue influence by the ASR or any of its employees.

8. RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS

8.1. Any change to the terms and conditions of this agreement will only be valid if it is made in writing and signed by both of us.

8.2. No granting of any leeway or the granting of any extension of time shall be a waiver of any of our rights under this agreement and will not create a novation of this agreement (new agreement).

8.3. For the purpose of service of any legal documents or notices in terms of this agreement the parties choose the addresses on the face of this agreement for delivery or service of any legal documents or notices in terms hereof.

8.4. If a party is in breach of this agreement, the innocent party will have the right to recover all legal costs and disbursement on an attorney-and-client scale (i.e. the scale recovery of legal fees and disbursements prescribed by legislation).

8.5. The ASR shall have a general lien on the goods and all its contents (a general right to keep the goods as security) for all monies owing to the ASR by me on any account whatsoever.

8.6. The ASR shall be entitled to charge a related storage fee of R50.00. per day during any period in which goods are retained by or on behalf of the ASR by virtue of the lien in paragraph 8.5.

8.7. Any amount indicated on any invoice issued by the ASR will be regarded as a liquidated amount (an amount that is easily determinable) and any such amount will be prima facie (on the value thereof) regarded as correct.

9. RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY

9.1. I have been informed that the ASR only uses genuine parts in carrying out the work and warrants any new or reconditioned part installed during the work and the labour required for the installation, for a period of 3 (three) months after the date of installation;

9.2. If the goods are subject to a manufacturer's Warranty, such warranty will run concurrently with any other statutory warranty applicable to the goods;

9.3. I have been informed that any applicable warranty will:

9.3.1. be void if I do not strictly comply with the terms and conditions of such warranty;

9.3.2. not apply to ordinary wear and tear and normal usage of the goods;

9.3.3. be void if the goods or the parts have been subjected to misuse or abuse or have been equipped with grey (i.e. parts marketed and/or distributed that bear a trade-mark but have been imported without the express approval or licence of the authorised South African Distributor) or pirate (counterfeit) parts.

9.4. The ASR shall, subject to clause 9.5 below, return all parts and accessories removed by it in the course of carrying out the work, to me, if I have requested it to do so; provided that the return of parts and accessories are not prohibited by any applicable legislation.

9.5. The ASR shall not be obliged to return parts and accessories removed by it in the course of carrying out the work, if such parts form the subject of a warranty or insurance claim, in which event I authorise the ASR to return the parts or accessories to the relevant Manufacturer or Insurer.

9.6. If I decline the return of any parts or accessories removed by the ASR in the course of carrying out the work, such parts and accessories will be deemed to be wholly abandoned to the ASR and accordingly, they shall become the property of the ASR.

9.7. I have been advised to remove all items of value not required in order to carry out the work on the goods when leaving it on the ASR's premises.

10. The ASR cannot accept liability for any loss or damage to any item left in the goods unless such loss or damage is caused by a lack or reasonable care on the part of the ASR.

11. THE RIGHT TO BE HEARD AND OBTAIN REDRESS

11.1. In the event of a complaint by me, or a dispute arising between us, as to the subject matter of the agreement, or the implementation thereof, I shall inform the ASR in writing of the exact extent and nature of the complaint or dispute where after we, the parties, will attempt to resolve the matter within 7 (seven) business days, failing which, any one of us can refer the matter to the relevant accredited Ombudsman of the Automotive industry.

11.2. Notwithstanding the content of clause 10.1, either party has the right to approach a competent court for adjudication.

12. CONFIRMATION AND ACCEPTANCE

12.1. I HAVE READ THE ABOVE TERMS AND CONDITIONS AND CONFIRM THAT THEY ARE TO MY UNDERSTANDING AND AGREE TO BE BOUND THERETO.

Files:

Click here to Subscribe to our Mailing List