Terms & Conditions

1.1. Company means Denys Edwardes (Pty) Limited, a private company duly incorporated under registration number 2001/024818/07;

1.2. Customer means the owner of the Vehicle;

1.3. Goods means the goods, which shall be new and original unless otherwise stipulated, to be used by the Company in rendering the Services, including, but not limited to, equipment, products, parts, components and installations;

1.4. Premises means the Company’s premises located at 6-8 Ries Street, Deal Party Estate, Port Elizabeth, Gqeberha;

1.5. Quotation means the written quotation furnished by the Company to the Customer setting out, inter alia, the Services to be rendered, the cost thereof, the Goods to be used in rendering the Services.

1.6. Services means the vehicle repair services set out in the Quotation, to be carried out by the Company or its sub-contractors at the Premises or at a location elected by the Company; and

1.7. Vehicle means the Customer’s vehicle in respect of which the Services are to be rendered by the Company.

2. The rendering of the Services by the Company to the Customer shall be subject to the Terms and Conditions contained herein, to the exclusion of any conditions stipulated by the Customer.

3. The Signatory to the Quotation hereby warrants that he/she is the owner of the Vehicle or is duly authorised to accept these Terms and Conditions on behalf of the owner of the Vehicle.

4. The Customer warrants that he/she, if married in community of property, has obtained the written consent of his/her spouse to accept these Terms and Conditions.

5. The cost of the Goods and/or Services shall be as set out in the Quotation.

6. The Quotation shall be open for acceptance for a period of 30 (thirty) days from the date thereof, subject to the availability of the Goods and/or Services.

7. The Company shall not purchase any Goods or commence rendering the Services until the Customer has accepted the Quotation and expressly authorised the Company to render the Services.

8. The Company may vary the price and nature of the Services for whatsoever reason upon notice to the Customer. The Company shall not continue to render the Services unless the Customer has expressly authorised the continuance of the Services on the basis of the variation.

9. In the event that the Customer cancels the Services during the course of the rendering thereof, the Customer shall be liable to the Company for the costs of the Services to the extent that they have been rendered, the Goods which have been purchased to render the Services and the market related costs of storage of the Vehicle.

10. The Company may render the Services at the Premises or at a location elected by the Company. The Customer authorises the employees of the Company to drive the Vehicle to any other location at which the Services are to be rendered or to drive the Vehicle for testing purposes.

11. The Company shall not be bound by any date specified by or to the Customer in respect of the completion of the Services and any date specified shall merely be an estimate.

12. The Customer warrants that all valuable property has been removed from the Vehicle prior to the Vehicle being delivered to the Company to render the Services.

13. The Customer confirms that the Goods and/or Services shall be inspected upon completion and that, should the Customer take delivery of the Vehicle, the Customer is deemed to be satisfied that the Goods and/or Services conform in all respects with the Quotation and were rendered to the Customer’s satisfaction.

14. The Services shall be paid for by the Customer as follows, unless the Company has granted the Customer a credit facility or the Customer’s insurers have made alternative arrangements with the Company:-

14.1. the Customer shall pay a deposit prior to any Goods being purchased and Services being rendered, if and to the extent that the Company so requires; and

14.2. the balance of the cost of the Services are to be paid by the Customer to the Company upon collection of the Vehicle at the Premises.

15. All payments to the Company shall be made without deduction or set-off.

16. In the event that the Customer fails to pay any sum on the due date for payment, the Company shall be entitled to charge the Customer compound monthly interest on such overdue amount at a rate of two (2) percentage points per annum above the current overdraft rate of interest.The Company, by reason of rendering the Services, has a repairer’s lien over the Vehicle. The Company shall be entitled to exercise its repairer’s lien and charge market related storage costs for the Vehicle until the Customer has paid all amounts owing to the Company.

17. The Customer acknowledges that unless otherwise stipulated in the Quotation, the Customer in purchasing the Goods and/or Services does not rely on any oral or written statements or representations made by the Company, its employees, agents and/or representatives to the Customer.

18. In the event that the Goods and/or Services are defective and not covered by Multi Cover Guarantee, the Customer may return the Vehicle to the Company at its Premises for repair of the defective Goods and/or Services for a period of three (3) months from the date of completion of the Services without charge, provided that no repairs or alterations of whatsoever nature have been carried out by the Customer or any third party in respect of the Goods and/or Services.

19. To the fullest extent permitted by law, the Company shall, subject to clause 18, not be liable for any costs or damages of whatsoever kind (including consequential loss), whether direct or indirect, sustained or alleged to have been sustained by the Customer or any third party as a result of:

19.1. any delay in the rendering of the Services;

19.2. the unavailability of the Goods;

19.3. any defect, whether latent or patent, in the Goods and/or Services;

19.4. any loss of the property left in the Vehicle;

19.5. any loss arising from the Vehicle having been driven – refer 10

19.6. the Customer will be jointly and severally liable for the full cost of services if their insurers fails or refuses to make payment;

19.7. the Services being carried out at a location other than the Premises;

19.8. any strikes, lockouts, delay in transport, default or delay by any of the Company’s suppliers, political or civil disturbances, the elements, any act of any state of government or any other cause directly or indirectly beyond the Company’s reasonable control;

19.9. any other cause relating to the Goods and/or Services, including causes resulting from negligence.

20. The Customer hereby indemnifies the Company and its directors, employees, agents and sub-contractors and holds each of them harmless against any claim by the Customer or any third party for any injury, loss or damage of whatsoever nature (including consequential losses) to any such person or property howsoever occurring.

21. In the event of the Company consulting its legal advisors in relation to any dispute with the Customer or instituting any legal proceedings against the Customer in terms of these Terms and Conditions, the Customer shall be liable for all expenses incurred by the Company, calculated on an attorney and own client scale, including costs of counsel, the costs of providing security, collection commission, tracing charges and the like, so as to give the Company a full indemnity in respect of such costs.

22. If an employee of the Company is required to give expert evidence arising from the Services, the Company shall charge a fee of R750.00 plus VAT per hour payable in advance for the period of absence of such employee from the place of business of the Company. The Company shall be entitled to recover travelling expenses at the applicable Automobile Association rate and reasonable accommodation costs.

23. The Customer hereby consents to being contacted by a third party for the purposes of measuring customer satisfaction.

24. The Customer shall record its address on the Quotation and chooses this address as its domicilium citandi et executandi for the purposes of legal proceedings and for the purpose of giving or sending any communication or notice to it in terms of these Terms and Conditions.

25. If any of these Terms and Conditions is/are found to be null and void or unenforceable for any reason whatsoever, such terms and conditions shall be severable from the remainder of these Terms and Conditions which shall remain of full force and effect.

26. No relaxation which the Company may give in regard to the performance of the Customer’s obligations in terms hereof shall prejudice the Company’s rights hereunder or be regarded as a waiver of such rights or as an estoppel against the enforcement thereof.

27. The Customer shall not be entitled to cede or assign its rights and obligations hereunder without the Company’s prior written consent.

28. No variation, alteration, amendment or cancellation of these Terms and Conditions shall be of any force or effect unless reduced to writing and signed by both parties.

29. The Signatory to the Quotation warrants that he/she has read and understands these Terms and Conditions, that he/she signs same voluntarily and that each clause herein has been drawn to his/her attention and explained to him/her.