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.