STANDARD TERMS & CONDITIONS

1.1 These terms & conditions apply to all Services rendered and/or Parts supplied by or through the Vendor.

1.2 The job card, quotation, invoice and any other documentation issued by the Vendor and accepted by the Customer (who warrants that it is the owner of the property entrusted to the Vendor or is duly authorized by the owner) forms part of the agreement (“the Agreement”).

1.3 This Agreement may be executed in any number of counterparts, any of which may be delivered by text message, Whatsapp or e-mail and still form one single agreement, which is not required to be signed by the Vendor or Customer to be binding.

2. NATURE OF WORK

2.1 The Customer acknowledges that the Vendor performs re-engineering, machining and repair services on previously used mechanical components. Such work does not restore the components to their original factory condition or specification unless expressly agreed in writing.

2.2 The Vendor does not undertake full diagnostic inspection of engines or machinery. The responsibility for identifying the root cause of any mechanical failure rests with the Customer and/or the mechanic responsible for installation and assembly.

2.3 The Vendor shall not be liable for any failure arising from incorrect diagnosis of faults by the Customer or mechanic.

2.4 The Vendor may elect to undertake certain mechanical functions such as short, long or full engine assembly, which will be undertaken by qualified personal.

2.5 The Customer acknowledges that components delivered to the Vendor for engineering are typically used, worn, damaged or otherwise not fit for use. The purpose of the Vendor’s work is to repair, re-machine or improve the usability of such components and such work does not render the components equivalent to new parts unless expressly stated in writing.

2.6 The Customer further acknowledges that certain components may remain unsuitable for use due to their prior condition, hidden damage, fatigue or metallurgical defects beyond the Vendor’s control, particularly where the Vendor is require to repair certain areas of a specified part, and another area of the same part is damaged which was not booked in for repair. The Vendor therefore warrants the nature of the work and not the part itself.

2.7 The Vendor does not have sight of the complete engine or machinery assembly and does not have access to the full operational history of the components delivered for engineering. Accordingly, the Vendor cannot account for pre-existing defects, hidden damage, metal fatigue, or issues arising from components not presented to the Vendor.

2.8 The Customer acknowledges that following Vendor services, additional adjustments, machining or modifications may be required during installation, which remain the responsibility of the Customer and/or the installing mechanic.

2.9 The Customer further acknowledges that certain components may remain unsuitable for use due to their prior condition, hidden damage, fatigue or metallurgical defects beyond the Vendor’s control.

2.10 Any advice, opinion or technical guidance provided by the Vendor or its employees is given in good faith based on limited information available at the time and may not take into account the full condition of the engine, machinery or surrounding components.

2.11 The Customer and/or mechanic remains responsible for verifying the suitability of such advice before acting upon it. The Vendor shall not be liable for any loss, damage or failure arising from reliance on such advice.

2.12 Should the Customer or any third party associated to the Customer believe that the nature of service provided is not adequate for their needs, they are herein advised to purchase a new engine or engine parts (as an alternative to engineering), which option is not expressly stated by the representatives of the Vendor based on the assumption that parts have been brought for the purposes of engineering them.

3. Services & Parts

3.1 All Services will be rendered in accordance with the technical advice given by the Vendor related to the specific instructions as given by the Customer, and recorded by the job ticket provided to the Customer. Should the Customer believe that the job ticket does not reflect their requirements, then the Customer is obliged to inform the Vendor accordingly and timeously.

3.2 The Vendor does not warrant that any Spares purchased or Parts handed over for engineering by the Customer will be fit for the purpose for which it is purchased or serviced.

3.3 The Customer may return Spares purchased within 10 business days, subject to such Spares being unused, undamaged, in their original packaging and in a resale-able condition.

3.4 Whenever it is necessary or preferable that a third party provide the Services, Parts and/or Spares or any part thereof, the Vendor is authorized to arrange the involvement of such third party (“Third Party”) on behalf of the Customer. The Vendor shall not be liable for the Services and/or Parts of the Third Party or any damages arising therefrom.

3.5 Should the Customer allege any of the Services rendered or Spares/Parts provided to be defective in any manner, the Customer shall give the Vendor a reasonable opportunity to inspect same.

3.6 The Customer has the right to cancel any order at any time, however the Customer will be liable to the Vendor for all costs incurred at time of cancellation for service.

3.7 Approximations of the time provided to render the Services and/or provide Spares constitute estimates only and shall not bind the Vendor.

3.8 The Vendor shall not be liable for any damages, consequential damages and/or economic loss due to late completion.

3.9 The Vendor will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer’s property.

3.10 Welding, metal build-up, metal spray and similar repair processes are performed with due care and according to industry practice. However, due to the nature of previously used components and metallurgical conditions beyond the Vendor’s control, no guarantee is provided regarding the long-term performance of such repairs.

3.11. Quotations shall be subject to change at any stage, based on inspection of the relevant parts.

3.12 Where a defect is alleged, the Vendor may inspect and attempt repair at its discretion. Any liability shall remain limited in accordance with the limitation of liability provisions contained in this Agreement.

3.13  The Vendor may take photographs or videos of parts before, during and after work is performed. Such images may be used as evidence of the condition of the parts delivered to and collected from the Vendor.

3.13 The Customer acknowledges that all vehicle, engine and component information recorded by the Vendor, including but not limited to vehicle make, model, engine size, engine code or application, is based on information supplied by the Customer or mechanic at the time of booking.

3.14 The Vendor does not guarantee the accuracy of such information and such descriptions may be recorded for identification or reference purposes only.

3.15 The Customer remains responsible for verifying the correct specifications of the components presented for engineering. The Vendor shall not be liable for any claim arising from incorrect or incomplete information supplied by the Customer or mechanic.

3.16 The Vendor shall not be required to verify engine codes, vehicle specifications or compatibility unless expressly agreed in writing.

4. Additional Services & Parts

4.1 Unless the Customer and the Vendor (“the Parties”) agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, the Vendor shall be entitled to render such additional Services or supply such necessary Spares as may reasonably be required to complete the required service, the costs whereof the Customer undertakes to pay.

4.2 The rendering of additional Services and provision of additional Spares shall be subject to these terms and conditions.

4.3. Cancellations are subject to cancelation and handling fees determined on a case by case basis.

4.4 Communication, approvals, estimates and acceptance of services may occur via SMS, WhatsApp, email or other electronic communication, and such communication shall be deemed legally binding.

5. Price

5.1 All prices given by the Vendor to the Customer shall constitute an estimate based on further inspection.

5.2 All Customers are entitled to receive estimates from the Vendor and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay the Vendor the reasonable costs for the Services and/or Parts.

5.3 Estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered.

6. Payment

6.1 The Customer is liable for payment upon completion or if cancelled, upon cancellation.

6.2 The Vendor is entitled to require a deposit, prior to rendering the Services and/or providing the Parts. In certain instances, a non-refundable deposit may be required, which the Customer acknowledges and accepts.

6.3 The Vendor’s willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time.

7. Possession

7.1 Possession of the Customer’s property is taken by the Vendor strictly subject to the provisions of this Agreement.

7.2 The Vendor does not assume or accept any risk until the Customer’s property is delivered to the Vendor’s regular business premises and any collection of the Customer’s property at any place other than such premises is done entirely at the Customer’s risk.

7.3 The Customer authorizes the Vendor to transport its property from one place to another as may reasonably be required or necessary.

7.4 Any transportation of the Customer’s property is undertaken strictly subject to it being done at the Customer’s risk and under waiver of any/all claims arising therefrom, except if the Vendor is grossly negligent.

7.5 Although all reasonable care will be taken with the Customer’s property in the Vendor’s possession, the Vendor shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.

7.6 Possession will only be returned to the Customer upon full payment being received by the Vendor.

8. Storage & Lien

8.1 The Vendor will be entitled to charge a reasonable storage fee for uncollected property after 30 days from when the job card was issued and uncollected property may be sold at the Vendors so discretion.

8.2 The Vendor reserves the right to transfer uncollected items to a third-party storage facility where operational space requires it. Any storage costs incurred, including those charged by third-party storage providers, shall be for the account of the Customer.

8.4 The Customer acknowledges that its property will at all times be subject to the Vendor’s lien, which will only be extinguished upon receipt of full payment by the Vendor, including third party costs incurred by the Vendor on behalf of the Customer.

8.5 The Customer consents to a lien in favour of the Vendor arising from unpaid storage costs and third party costs.

8.6. The Vendor reserves the right to sell uncollected Parts to defray costs at any stage from 30 days of issuing the job card.

8.7 All spares, components and services remain the property of the Vendor until payment has been made in full, unless otherwise expressly agreed in writing, and the Vendor reserves the right to retain possession of any items until all outstanding amounts owing to the Vendor have been settled.

9. Warranties & Claims

9.1 If any of the Services or Parts are covered by a warranty given by the Vendor, then such warranty is subject to specific terms and conditions in addition to these terms and conditions.

9.2 If a Third Party gives a warranty, such warranty will run concurrently with any warranty given by the Vendor and any statutory warranty.

9.3 Unless expressly agreed to the contrary in writing, no warranty given by the Vendor shall be valid for a period of longer than 3 months from date of completion, limited to the workmanship provided by the Vendor.

9.4 No warranty given by the Vendor will cover abuse, misuse, mechanic error, excessive or abnormal use, over-heating, use contrary to any manufacturer’s specifications, normal wear and tear, or any other factor that may give rise to the specific service provided.

9.5 Should the Parts under warranty be worked on by a third party before affording the Vendor with reasonable opportunity to inspect any defect or issue, then the warranty shall be deemed to be cancelled and the Vendor shall no longer be obliged to remedy any defect that may arise in the performance of its Service which may fall under this warranty.

9.6 Notwithstanding anything contained in this agreement or elsewhere, the Vendor’s liability arising from any warranty may not be extended to any consequential or economic loss whatsoever, and the claim thereof shall be limited to the amount on the invoice/receipt.

9.7. The Vendor does not warrant the availability of Spares for any engineering performed, and the Customer shall be solely responsible for ascertaining the availability of such Spares.

9.8 Claims for warranties shall be accompanied with the receipt, failure of which the Vendor reserves the right to satisfy any such claim.

9.9. No warranties are provided on welding or build up on any parts, and customer acknowledges that welding performed by the Vendor or is supplier are done on risk.

9.10 The relevant terms this agreement shall apply to the warranties in so far as they refer to Customer or relevant third party liability for installing parts serviced or worked on by the Vendor.

9.11 Notwithstanding anything to the contrary, the Warranty shall not cover instances where the Customer has not applied the recommended mechanical standards of care or failed to apply the correct technical specifications. The Customer and/or installing mechanic is responsible for ensuring that all supporting systems, including but not limited to lubrication systems, cooling systems, fuel systems, filters and ancillary components, are in proper working order prior to operation.

9.12 Claims submitted without the physical return of the part must be supported by clear photographic or video evidence. Claims unsupported by sufficient evidence may not be entertained.

9.13 Where applicable, the terms of clause 13 shall be read together with this clause.

10. Damages/Lost Items

10.1. In performing the Service, the Customer indemnifies the Vendor against damage whatsoever regardless of whether the Vendor has been negligent or not.

10.2. It is the responsibility of the Customer to ensure that all loose or non-essential parts are removed from the engine or Parts. The Vendor shall not be liable for the misplacement/loss of these parts which parts include but are not limited to washers, bolt, plugs, switches, injectors etc.

10.3. The Customer or their representative warrant that upon collection of the Parts/Spares that they have inspected same, and warrant that all is in good order. By collecting the parts the Customer acknowledges that no Spares, Parts or parts thereof are missing.

10.4. It is the responsibility of the Customer to inform the Vendor of any material defects, modifications or relevant engine history, failure of which the Customer indemnifies the Vendor against any consequence as a result of such failure.

10.5. The Vendor is not liable to provide any proof that the parts were not damaged or misplaced, and such onus lies solely with the Customer.

11. Sub-Assembly / Engine Assembly

11.1 The terms of clause 9 shall be ready together with this clause, and shall relate to Short-Sub Assembly or Full Engine Assembly and the required Spares and Services rendered.

11.2 In the event that the Customer has supplied the Spares, the Customer claims full responsibility and risk for any fault or defect in such Spares, and shall only have a claim against the third party wherefrom the Spares were acquired.

11.3 The Spares supplied and services rendered by the Vendor shall fall under the standard terms of this Agreement detailed further above.

11.4 Customers (whether personally or through its authorized representative) warrants that the parts have been inspected and that no items have been damaged, misplaced or left behind. Customers are encouraged to photograph the items as provided in the workshop to ensure that all their parts have been returned and assist with their assessment.

11.5 As the Vendor does not have prior knowledge of the history of the vehicle and its parts, Customers are required to provide the Vendor with a description of any material information, such as but not limited to modifications, damage, overheating and low compression. The Vendor will not be held liable for any damage or complications resulting from the failure to inform the Vendor accordingly.

11.6 Notwithstanding anything to contrary in this Agreement, in the event that the Vendor is found liable for any negligence or fault in performing its duties, the Vendor shall only be liable for a maximum of the value of the invoice being related to the services rendered and shall not be liable for any subsequent, consequential damages caused to the engine or any part of the vehicle, or any other economic loss.

11.7 Warranties are for a period of 3 months and are only related to the workmanship performed by the Vendor as from date of collection. In the event that the Customer has not collected timeously, the Customer acknowledges that the parts are stored in a workshop that has metal shavings and dust, and the Vendor does not warrant that such parts may be contaminated over their prolonged waiting period.

11.8 The Vendor shall not be liable for failures caused by improper installation, lack of lubrication, overheating, contamination or failure of related components not inspected or supplied by the Vendor.

11.9 Certain examples are inter alia provided below, and not to be seen as an exhaustive list:

11.9.1. overheating;

11.9.2. engine installation by the Customer where the mechanic is not certified in accordance with the relevant regulatory body;

11.9.3. installation not in accordance with manufacturer specifications;

11.9.4. failure to keep parts clean before installing the engine;

11.9.5. failure to replace relevant filters and other necessary engine parts not replaced by the Vendor;

11.9.6. failure to correctly connect or install other parts to the Sub Assembly that may affect engine/sub with specific reference to the fuel, water and oil supply;

11.9.7. incorrect fuel injection installation;

11.10. In the event that the Customer is of the opinion that a claim may fall under the Warranty, the Customer shall afford the Vendor with reasonable opportunity to inspect and rectify the claim. Should the Vendor be of the opinion that it is liable, it shall only be liable to amend the defective part of the Service, and reserves the right to resub the engine.

11.11. In the event that inspection finds a manufactured part or Spares supplied by a Third Party to be at fault, the Vendor shall refer the engine to such Third Party appointed inspector as to ascertain the reason for the fault. The findings shall be binding on both parties and the manufacturer warranty shall apply to the defective Spares and not any consequential damages. The Customer will be liable for any additional engineering work required to rectify the consequential damages caused by the aforementioned faulty Spares as applicable to the Sub Assembly only.

11.12. The Vendor reserves the right to inspect any potential claim that a Customer may have related to the Services performed. Should a third party have tampered with (i.e. removed, replaced, damaged) any part of the Sub Assembly prior to affording the Vendor with an opportunity to inspect, the Warranty shall be deemed to have been lapsed.

11.13. In the event that the Customer refers the Sub Assembly or engine to a third party for inspection, and such inspection finds fault with the Vendors services, the Vendor reserves the right to refer the report and engine parts in dispute to a third party of its choice for inspection or report, which shall be binding on both parties.

11.14. The Vendor shall only inspect the engine stripped from the vehicle. Vehicles will be inspected only by Vendor’s consent, whereby the Vendor shall not be liable for any damage or loss that may occur to such vehicle, and does not warrant that inspection will result in repairing any cause that does not fall under such warranty.

11.15. The Vendor reserves the right to charge an inspection fee and storage fee (in the event that a vehicle is kept at the premise).

11.16. The Customer indemnifies the Vendor against any damage that may arise from stripping the engine.

11.17. Should the Customer perform any modification to the engine or its parts, the Warranty will be deemed to have lapsed as such modifications may cause early wear on the engine.

11.18. Notwithstanding anything to the contrary, in the event that the customer as requested us to assemble the engine, against our engineering recommendation, no warranty will be provided to the customer as stated above.

11.19. The Customer authorizes the Vendor to apply tolerances and clearances that apply to standard street vehicles.

11.20. In the event that the vehicle related to the engine parts has specific requirements regarding tolerances or clearances, the customer is required to advise the Vendor of such specifications, failure of which Vendor will not be held responsible for any damage incurred from the incorrect clearances and tolerances.

12 Personal Liability Indemnity

12.1 Any person entering the Vendor’s premises does so at their own risk. The Vendor shall not be liable for personal injury, loss or damage sustained on the premises unless caused by gross negligence on the part of the Vendor.

13. Authorisation

13.1. In the event that the Customer is not the owner of the vehicle, the Customer warrants that he/she/they have been authorized by the owner or relevant party to conclude the Agreement with the Vendor and that the terms stipulated herein shall be binding on the Customer and the owner.

13.2. Any dispute arising from clause 13.1 between Customer and the owner shall be dealt with by the Customer exclusively.

13.3. In the event that the Customer is a juristic person, the Customer warrants that its representative has been authorized to supply the necessary instruction to the Vendor including but not limited to giving instructions on engineering work and negotiating price.

14. General

14.1 This Agreement shall be governed by the laws of the Republic of South Africa.

14.2 The Customer agrees that any dispute arising from this Agreement shall fall under the jurisdiction of the Magistrates Court of the district in which the Vendor conducts business, regardless of the amount involved.

14.3 This document together with other documents, text messages and e-mails referenced herein is the full and only agreement in force.

14.4 Any indulgence granted by the Vendor will not constitute a waiver of any rights or create a new agreement.

DEFINITIONS:

The following definitions shall apply to the words indicated below which may be amended from time to time

“Parts” – Engine parts such as, but not limited to, cylinder heads, cranks, blocks and conrods

“Spares” – Engine spares purchased from an aftermarket part supplied such as pistons, rings, bearings, valves etc.

“Sub Assembly” – Short, Long Sub or Full Engine Assembly

“Short Sub” – engineering and assembling the crank, conrods and block with their related Spares

“Long Sub” – engineering and assembling the crank, conrods, block and sump with their related Spares

“Full Engine Assembly” – either Short or Long Sub, together with the cylinder head with their related Spares

“Services” – engineering performed including examples such as cutting the crank, reboring the block, servicing cylinder heads. Service shall not be associated exclusively to the job requirement of “servicing the cylinder head”.

“Vendor” – Spartan Automotive Engineering (Reg No.: 1997/01148/23) and its associated companies