TERMS AND CONDITIONS OF SERVICE

(Applicable to All Quotations, Invoices, and Service Agreements)

IMPORTANT NOTICE: By accepting a quotation, authorising work, making any payment, or leaving a vehicle or goods with CK Auto Spares, Service Center and Panelbeating (hereinafter referred to as "CK Auto " or "the Service Provider"), the Customer acknowledges that they have read, understood, and unconditionally accepted these Terms and Conditions in their entirety.

A. DEFINITIONS AND INTERPRETATION

1.       "Customer" means any natural or juristic person who requests services, purchases goods, or leaves a vehicle or property with the Service Provider.

2.       "Reservation Fee" means any deposit, down-payment, or advance payment made by the Customer to secure the Service Provider's commitment to perform services, reserve parts, or allocate workshop time and resources.

3.       "Services" includes motor vehicle repairs, panelbeating, spray-painting, mechanical services, diagnostics, electrical work, the supply of motor spares and parts, and any ancillary services.

4.       "Quotation" means an estimate of costs provided by the Service Provider, which remains valid for fourteen (14) calendar days unless otherwise specified.

B. NATURE OF TRANSACTION AND EXCLUSION FROM CREDIT LEGISLATION

5.       CK Auto is not a registered credit provider under the National Credit Act 34 of 2005 ("NCA") and does not extend credit to any Customer.

6.       All transactions between the Service Provider and the Customer constitute immediate cash sales or advance payment arrangements, expressly excluded from the application of the NCA.

7.       Any Reservation Fee or staged payment arrangement constitutes an advance payment for services or goods to be rendered and is not a deferment of payment, instalment sale agreement, or credit facility as contemplated in the NCA.

8.       No goods shall be released, and no vehicle shall be returned to the Customer, until full payment has been received and cleared by the Service Provider.

9.       Where staged payments are agreed upon, each payment represents an advance towards future work or parts not yet completed or delivered. No work beyond the value of payments received shall be performed, and no parts beyond the value of payments received shall be released.

10.     The Customer expressly acknowledges and agrees that this transaction does not constitute a credit agreement as defined in section 8 of the NCA, and the Customer hereby waives any right to claim that the NCA applies to any transaction with the Service Provider.

11.     The Customer shall be estopped from raising any defence based on the NCA or the Service Provider's alleged failure to register as a credit provider, it being expressly recorded that no credit is extended.

C. RESERVATION FEES, DEPOSITS, AND PAYMENT TERMS

12.     A Reservation Fee of a minimum of fifty percent (50%) of the quoted amount is required before any work commences or parts are ordered.

13.     The Reservation Fee is non-refundable and constitutes payment for the reservation of workshop capacity, ordering of specialised parts, and administrative costs incurred.

14.     The balance of all amounts owing shall be paid in full prior to collection of the vehicle or goods.

15.     Payment may be made by electronic funds transfer (EFT), cash, or credit/debit card. Cheques are not accepted.

16.     Where the Customer is permitted to make payments in stages, such arrangement is provided as an administrative convenience only and does not constitute a credit agreement. Work shall only proceed to the extent that advance payments have been received.

D. RETENTION OF TITLE AND ARTISAN'S LIEN

17.     Ownership of all parts, materials, and goods supplied shall remain vested in the Service Provider until payment in full has been received.

18.     The Service Provider exercises and retains an artisan's lien over any vehicle or property left with it for services until all amounts owing have been paid in full.

19.     Should the Customer fail to collect the vehicle or goods within ninety (90) days of notification that work is complete and payment is required, the Service Provider shall be entitled to sell the vehicle or goods to recover amounts owing, storage fees, and costs.

20.     Storage fees of R150.00 (one hundred and fifty Rand) per day shall be charged for any vehicle remaining on the premises after seven (7) days following completion of work and notification to the Customer.

E. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

21.     The Service Provider warrants workmanship for a period of three (3) months or 10,000 kilometres (whichever occurs first) from the date of collection, subject to normal use and manufacturer specifications.

22.     Parts supplied carry the manufacturer's warranty only, and any claims must be lodged directly with the manufacturer. The Service Provider provides no additional warranty on parts.

23.     The Service Provider shall not be liable for any consequential, indirect, or special damages, including but not limited to loss of use, loss of income, or alternative transport costs.

24.     Liability is limited to the value of the invoice for the specific services or goods giving rise to a claim.

25.     Vehicles are left at the Customer's own risk. The Service Provider shall not be liable for loss or damage caused by theft, fire, natural disaster, or any event beyond its reasonable control.

26.     The Customer warrants that they are the lawful owner or authorised representative of the owner of any vehicle or goods left with the Service Provider.

F. ADDITIONAL WORK AND VARIATIONS

27.     Where additional work is required beyond the original quotation, the Service Provider shall notify the Customer and obtain written or verbal authorisation before proceeding.

28.     Additional work shall require advance payment before commencement.

29.     If the Customer cannot be contacted within forty-eight (48) hours and the vehicle cannot be safely reassembled without the additional work, the Service Provider may proceed with essential work, and the Customer shall be liable for such costs.

G. PERSONAL BELONGINGS

30.     The Service Provider accepts no liability whatsoever for any personal belongings, valuables, cash, documents, or other items left in vehicles.

31.     Customers are advised to remove all personal belongings before leaving vehicles for service.

H. BREACH, INTEREST, AND LEGAL COSTS

32.     Overdue amounts shall bear interest at the rate of 2% per month (or the maximum rate permitted by law) calculated from the due date until payment.

33.     The Customer shall be liable for all collection costs, tracing fees, and legal costs on an attorney-and-client scale incurred by the Service Provider in enforcing payment.

34.     The Customer consents to the jurisdiction of the Magistrate's Court in terms of section 45 of the Magistrates' Courts Act, notwithstanding that the claim may exceed the jurisdiction of such court.

35.     The Customer chooses domicilium citandi et executandi at the address provided on the quotation or invoice for all legal purposes.

I. GENERAL PROVISIONS

36.     These Terms and Conditions constitute the entire agreement between the parties and supersede any prior representations, understandings, or agreements.

37.     No variation, amendment, or waiver of these Terms shall be binding unless reduced to writing and signed by both parties.

38.     Should any provision be held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

39.     These Terms and Conditions are governed by the laws of the Republic of South Africa.

40.     The Customer's acceptance of a quotation, authorisation of work, making of any payment, or leaving a vehicle with the Service Provider shall constitute deemed acceptance of these Terms and Conditions in their entirety.