Terms and conditions of use
These are the terms and conditions relating to your rights and other matters in respect of the diagnostics, fault finding, repair, maintenance and/or replacement work (“The Work”) to be carried out on the vehicle, the expression “The goods” wherever used in these terms and conditions includes: the vehicle and each and every part, module and component of the vehicle as a separate unit or in combination and or relation to each other.
By requesting the work to be performed I understand, agree and are bound by these the terms and conditions thereof
I acknowlege, confirm and agree that:
1. The South African Automotive Industry Code Of Conduct (SAAICC). The authorised service repairer (FIXCAR Pty Ltd) subscribes to and is bound by the SAAICC read together with the consumer protection act 68 of 2008 (CPA) as well as the Protection of personal information act 4 of 2013 (POPI)
2 RIGHT TO CHOOSE
2.1. In the event of additional work not authorized in terms of the estimate becoming necessary, FIXCAR 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 1 have authorized additional work to be carried out as in 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 FIXCAR is to commence with the work or any portion thereof (including disassembling 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 the parts and accessories installed into the vehicle.
2.4. I have been informed that FIXCAR does not perform any work on their property and all work is performed at my location, access to the goods will remain, available to FIXCAR during normal working hours (Monday-Friday from 7h00 to 18h00) and movement on and off the property and/or location or to the goods by FIXCAR Pty Ltd will not be restricted during this time by any means or interference.
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 FIXCAR Pty Ltd.
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 FIXCAR Pty Ltd's possession, or disassembling the goods in whole or in part, or taking any parts or components or having taken them 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:
2.7.1.1. I will remain liable for payment of the authorized cost of the work as set out in the estimate;
2.7.1.2. FIXCAR Pty Ltd shall not be obliged to restore the goods, or any parts or components, as the case may be, to any condition;
2.7.1.3. I WILL NOT HOLD FIXCAR Pty Ltd RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY WHICH I MAY SUFFER AS A RESULT OF MY AFOREMENTIONED CONDUCT.
2.7.1.4. The customer shall be liable for all costs incurred by the company in dismantling the said equipment which shall be charged at the company's standard rates.
2.7.1.5. In the event the customer not accepting the company's quotation, the customer shall accept and remove the goods in its stripped down condition. However there will be charges for stripping and quoting.
I HEREBY ACCEPT, UNDERSTAND AND AGREE TO BE BOUND BY THIS SECTION
2.8. The risk of damage or loss of the goods will remain my risk at all times and FIXCAR Pty Ltd Will only be responsible for any loss, directly or indirectly attributable to its gross (intentional) negligence.
2.9. FIXCAR Pty Ltd, or any of its designated employees or any employee of its designated third party service providers, is entitled and authorized to drive the goods on the road, or elsewhere, if required to do in connection with any inspection, or work, or other purposes for which the goods are accepted by FIXCAR Pty Ltd, including, but not limited to, the testing of the goods, determining the nature of the work to be carried out, taking the goods for body repairs or taking the goods to any other third party service provider. The vehicle must be insured by the owner.
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 and that FIXCAR Pty Ltd is not in a position to promise any delivery date or time.
2.11 Correctly supplied goods returned for credit must be returned within 14 days of purchase and will be subject to a 15% handling charge.
2.12 All electrical, back ordered parts, soft trim and control modules are not returnable.
2.13 All Goods must be paid in full before we will place an order.
2.14. FIXCAR Pty Ltd will carry out the work as soon as it's reasonably possible (bearing in mind that FIXCAR Pty Ltd is dependent on the availability of parts and accessories) and no exact delivery date and time has been agreed and FIXCAR Pty Ltd cannot warrant any delivery dates or times.
3 RIGHT TO EQUALITY IN THE CONSUMER MARKET
I have the legal capacity (i.e. the law allows me) and authority (permission) to enter into this agreement.
4 RIGHT TO PRIVACY
I may refuse to accept and inform FIXCAR Pty Ltd in writing to discontinue any direct marketing communication from FIXCAR Pty Ltd.
5 RIGHT TO Disclosure AND INFORMATION
5.1. The authorized 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 FIXCAR Pty Ltd may require without any deduction or right to set off.
5.2. The work is completed for the purpose of these terms and conditions when I have received notice from FIXCAR Pty Ltd that the goods are ready for collection.
5.3. Although payment for the work is only due on completion of the work, FIXCAR Pty Ltd may require 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 FIXCAR Pty Ltd is entitled to make delivery of the goods, shall be paid for me.
6 RIGHT TO FAIR AND RESPONSIBLE MARKETING
l am aware that I have the right to fair and responsible marketing.
7. RIGHT TO FAIR AND HONEST DEALING
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 FIXCAR Pty Ltd or any of its employees.
8. The consumer hereby grants permission to the service provider to report the consumer as a bad payer to ITC/credit bureau should this account not be settled in full terms of this agreement.
9 All quotations are excluding VAT.
10. RIGHT TO FAIR, JUST AND REASONABLE TERMS AND
CONDITIONS
10.1. Any change to the terms and conditions of this agreement will only be valid if such changes are made in writing and signed by both of us.
10.2. No granting of any leeway or the granting of any extension of time shall be a wavier of any of our rights under this agreement and will not create a novation of this agreement (new agreement).
10.3. This agreement shall be interpreted and determined according to the laws of the Republic of South Africa.
10.4. If any clause in this agreement is found to be unenforceable, such clause shall be separated from this agreement, which separation shall not affect the enforceability of the balance of the agreement (i.e. this agreement will be read as if the unenforceable clause never formed part of this document).
10.5 For the purpose of the service of any legal documents or notices in terms of this agreement the parties choose the address on the face of this agreement for delivery or service of any legal documents or notices in terms hereof.
10.6. If a party is in breach of this agreement, the innocent party will have right to recover all the legal costs and disbursement on an attorney-and client scale (i.e. the scale of recovery of legal fees and disbursements prescribed by legislation).
10.7. FIXCAR Pty Ltd 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 FIXCAR Pty Ltd by me on any account whatsoever.
10.8. FIXCAR Pty Ltd shall be entitled to charge industry related storage fees during any period in which goods are retained by or on behalf of FIXCAR Pty Ltd by virtue of the lien in paragraph 10.7.
10.9. Any amount indicated on any invoice issued by FIXCAR Pty Ltd Will be regarded as a liquidated amount (an amount that is easily determinable) and any such amount will be prima facie (on the face value thereof) regarded as correct.
11. RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY
11.1. I have been informed that FIXCAR Pty Ltd only uses genuine parts and/or high quality generic 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 due date of installation.
11.2. If the goods are subject to a manufacturer's warranty, such warranty will run concurrently with any other statutory warranty applicable to the goods;
11.3. I have been informed that any applicable warranty will:
11.3.1. Be void if I do not strictly comply with the terms and conditions of such warranty;
11.3.2. Not apply to ordinary wear and tear and normal usage of the goods;
11.3.3. 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 license of the authorized South African Distributor) or pirate (counterfeit) parts.
11.4. FIXCAR Pty Ltd 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 ] have requested it to do so; provided that the return of the parts and accessories are not prohibited by any applicable legislation.
11.5. FIXCAR Pty Ltd shall not be obliged to return the 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 authorize FIXCAR Pty Ltd to return the parts or accessories to the relevant Manufacturer or Insurer.
11.6. if I decline the return of any parts or accessories removed by FIXCAR Pty Ltd in the course of carrying out the work, such parts and accessories will be deemed to be wholly abandoned to FIXCAR Pty Ltd and accordingly, they shall become the property of FIXCAR Pty Ltd.
11.7. l confirm that the total value of all items of value left in the vehicle when leaving it in FIXCAR Pty Ltd's possession is equal to no more than R100.00.
11.8. FIXCAR Pty Ltd cannot accept liability for any loss or damage to any item left in the goods unless such loss or damage is caused by lack of reasonable care on the part of FIXCAR Pty Ltd.
11.9. Should I be advised that certain parts or components are faulty and should be replaced, and I refuse to allow FIXCAR Pty Ltd to carry out the work, then FIXCAR Pty Ltd are not obliged to return the goods to me. FIXCAR Pty Ltd will only return such goods if an indemnity is signed which indemnifies FIXCAR Pty Ltd.
12. THE RIGHT TO BE HEARD AND OBTAIN REDRESS.
12.1. In the event of a complaint by me, or a dispute arising between us, as to the subject matter of this agreement, or the interpretation hereof, I shall inform FIXCAR Pty Ltd 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 motor industry.
12.2. Notwithstanding the contents of clause
12.1. either party has the right to approach a competent court for adjudication.
13. WARRANTY
All parts will be covered as per manufacturer's warranty, i.e. if the manufacturer provides a 3 month warranty, you will be entitled to 3 months. Exclusions are as follows:
13.1 Wear and tear items.
13.2 The parts used have not been paid for.
13.3 The repair was carried out under warranty initially.
13.4 The original repair was not carried out to the standard recommended by FIXCAR Pty Ltd.
13.5. Reconditioned or exchange units (the warranty varies on these components).
13.6 Abuse or abnormal operation conditions; labour-only repairs carry a warranty of 6 months or 10000km whichever comes first.
13.7 No warranty on any electrical components shall be given.
13.8 Parts fitted not supplied by us.
13.9 Second-hand parts.
13.10 Rattles or squeaks.
13.11 Abuse or abnormal operation conditions.
13.12 Should FIXCAR Pty Ltd be required to program or code any software or hardware and such software or hardware becomes corrupted due to an unscheduled power failure, then FIXCAR Pty Ltd will not be held liable for damages that Occur.
13.13. Should FIXCAR Pty Ltd be required to upgrade a hardware or software component and during the course of the upgrade it is found that certain other components are not compatible, and will not accept the upgrade, those components will need to be replaced.
BY ACCEPTING THE QUOTATION AND OR PURCHASING ANY SERVICE OR PART OR PART THREOF I HEREBY ACCEPT, UNDERSTAND AND AGREE TO BE BOUND
BY THIS SECTION AND ALL SECTIONS WITHIN THE TERMS AND CONDITIONS