1. Definitions
1.1. Company means Auto Centre Panel Beaters, a private duly incorporated under registration number 2020 / 455578 / 07 of Jack’s Bricks (Pty) LTD;
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 The Hill ext 1, Johannesburg 2190, 3rd Avenue, no 5;
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. Additional terms and conditions
2.1 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.
2.2 Confidentiality agreement: Both parties agree to keep all sensitive information, including business and vehicle details, confidential. Neither party will disclose this information to third parties without prior written consent, except where required by law.
3. The signatory to the quotation hereby warrants that he/she is the owner of the vehicle or is duly authorized to accept these terms and conditions on behalf of the owner of the vehicle. The Customer verifies that he/she has the legal rights to authorize repairs for the above either through legal ownership, lease rights, or written authorization from the vehicle owner. The Customer authorizes the company to proceed with the repairs required and listed in this Contract, including any necessary on-road vehicle testing.
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, subject to change to as a result of changes in exchange rates, freight costs and prices from suppliers.
7. The company shall not purchase any goods or commence rendering the services until the customer has accepted the quotation and expressly authorized 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 authorized the continuance of the services on the basis of the variation. The Company follows the following process to repair the vehicle:
8.1 Analysis of the Vehicle for an actual cost in case of a major accident vehicle:
8.1.1 When the vehicle is dropped off at our company for the repairs, the technicians analyze the condition of the vehicle and prepare a report listing all necessary repairs and where necessary. This list also includes the cost that will be incurred due to the respective repairs. This report is delivered to the customer before the signing of this contract and the customer certifies that it has received the list comprising a description of the repairs needed and their respective costs.
8.2 Additional Damages:
8.2.1 During the repair process, additional faults or damages may be uncovered. Any additional parts found to be faulty during the repair process will be communicated to the Owner and priced accordingly. In that case, the Company will halt its repairing and deliver a written notification of required repairs to the customer. The company won’t conduct any other repairs outside of those described herein unless written consent from the customer has been obtained.
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. Once the quotation and terms and conditions have been signed the terms and conditions are binding on both parties and can only be cancelled with the written consent of AC. This consent is at the sole discretion of Auto Centre which reserves the right to charge a handling or storage fee equal to the amount of the deposit.
11. The company may render the services at the premises or at a location elected by the company. The customer authorizes 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.
12. And or by making deposit and or by dropping your vehicle to company and with the quotation sent to the buyer, the customer agrees to these terms and conditions stipulated by the company and the contract order is binding on both parties and can only be cancelled with the written consent of the company. This consent is at the sole discretion of Auto Centre which reserves the right to charge a handling or storage fee equal to the amount of the deposit where necessary.
13. If the customer requires any changes to be made after the order or deposit has been signed to company or vehicle is in our premise, these changes can only be made with the written consent of customer which reserves the right to amend the quotation accordingly and the customer hereby agrees to accept any and all additional costs as a result of the changes, reduction in the purchase price or withhold any portion of the purchase price.
14. Please note that service repair quoted via sent images and videos limits the visibility of the damage and evaluation process. And for this reason this may lead to under or over estimation of time and financial implication of repairing the damage.
15. 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.
16. 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.
17. The Customer confirms that the goods and/or services shall be inspected upon completion and that, should the customer take the vehicle, the customer is deemed to be satisfied that the goods and/or services conform in all respects with the quotation and was rendered to the customer’s satisfaction.
18. 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:-
18.1. 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
18.2. 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.
19. Work Begins with 60% deposit settle to company and 75% if given discount above R2,000.00. Vehicle will not be release without 40% balance that is outstanding. Additionally Auto Centre Panel Beaters requires 75% deposit if the quotation includes buying parts for your vehicle.
20. The customer shall not be entitled to set any amount that may be owing to the company in terms of this agreement.
21. All payments to the company shall be made without deduction or set-off.
22. PRICES QUOTED EXCLUDE:
22.1. Buying of parts that may be needed in your vehicle, unless stated.
22.2. Petrol coverage for collection and delivery of vehicle to the buyers’ home.
22.3. Defective costs on vehicle that may be caused by customer collecting the vehicle when the job is not completed. However if this calls for repair, over 18% of the charged amount will be required by the company as stripping and putting back everything so the vehicle is drivable means more labour and depending of the amount of damage that is or may possible be caused.
22.4. Additional material unless stated on the quotation.
22.5. Transport costs (Unless otherwise specified).
22.6. Travel and accommodation if a mobile service is offered (Unless otherwise specified).
23. 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.
24. Also note that the estimated time on the quotation may not cover unforeseen circumstances like rising of paint on panels (this may be due for various reasons which include defective work done previously on the panel, oil on panel etc), complexity of modern cars, multiple cars already in the queue, years of rust and corrosions, need for thorough diagnostics, loss of electrical power, parts not delivered in time etc. Auto Centre Panel Beaters emphasize the important of taking time to ensure quality repair and safety. Furthermore additional number of days of repair may be requested.
25. You cannot withhold payment for any reason.
26. 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.
27. 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.
28. To the fullest extent permitted by law, the company shall, subject to clause 27, 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:
28.1. Any delay in the rendering of the services;
28.2. The unavailability of the goods;
28.3. Any defect, whether latent or patent, in the goods and/or services;
28.4. Any loss of the property left in the vehicle;
28.5. Any loss arising from the vehicle having been driven – refer 10
28.6. The customer will be jointly and severally liable for the full cost of services if their insurers fail or refuse to make payment;
28.7 In case where parts are under charged, customers are liable for additional different amount. Your car – your parts, we repair. Auto Centre Panel Beaters is also open to clients supplying parts for their cars.
28.8. The services being carried out at a location other than the premises;
28.9. 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;
28.10. Any other cause relating to the goods and/or services, including causes resulting from negligence, slow punch of the wheels, whether it happens when dropping off the car or from collecting the car from the client’s premises, this cost will not be covered by Auto Centre Panel Beaters.
29. Storage of vehicle.
29.1. Note that we do not keep / store cars as we have a limited amount of operation capacity. Should you receive a call and a message confirming the completion of our work on your vehicle, the company can only keep your vehicle 14 days.
29.2. Should your vehicle remain in our workshop and you don’t collect with balance, your vehicle will be taken to third parties for storage and you will collect it with the balance of Auto Centre Panel Beaters and storage price charged by the third party.
29.3. Additional days on 14 days are applicable and reasonable and only upon responses on communication with the buyer and making solid written agreement with Auto Centre. (if your vehicle is kept in us after that 14 days, storage fee per day will be R87.87).
30. 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.
31. Non-OEM Parts
The Customer acknowledges that if any repairs are made by using Non-Original Equipment Manufacturer (OEM) parts and not by using the vehicle’s manufacturer (commonly known as aftermarket parts) may lead to the following:
a. Lease or Finance Violation: Some lease and finance contracts do not permit the usage of aftermarket parts and require the purchaser to use only original manufacturer parts (“OEM Parts”) for any repairs. Using aftermarket parts for such repairs may lead to the violation of these contracts.
b. Decrease in Value: Repairs made using aftermarket parts may lead to depreciation of the vehicle.
c. Manufacturer Warranty: Some vehicle manufacturers require that only OEM parts are used for any kind of repairs in order to keep the warranty valid. Use of aftermarket parts may void vehicle warranties.
32. If an employee of the company is required to give expert evidence arising from the services, the company shall charge a fee of R780.00 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.
33. The customer hereby consents to being contacted by a third party for the purposes of measuring customer satisfaction.
34. 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.
35. 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.
36. 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 estoppels against the enforcement thereof.
37. Dispute resolution
37.1. Methods of resolving disputes
37.1.1 In the event of a dispute, both parties agree to attempt resolution through mediation, with an independent third party facilitating the process. If mediation is unsuccessful, the matter will proceed to binding arbitration.
37.2. Jurisdiction and venue
37.2.1 Any legal disputes related to this agreement will be resolved under the laws of South Africa, and the venue for any legal action will be the courts located in South Africa.
37.3 Termination of the agreement
37.3.1 Either party may terminate this agreement by providing written notice to the other. Upon termination, the customer will be responsible for paying for any work completed up to that point.
38. 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.
39. The company’s liability is limited to the repair work performed and the replacement of faulty parts. The Repair Shop is not liable for any indirect or consequential damages, such as loss of use or inconvenience.
40.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.
41. With the deposit paid and the vehicle dropped at our premises, the vehicle is Auto Centre assets – and Auto Centre assures ultimate care and responsibility of it until full balance of the service offered is settled. Unless otherwise.
42. The customer shall not be entitled to cede or assign its rights and obligations hereunder without the company’s prior written consent.
43. The Customer hereby consents to being contacted by a third party for the purposes of measuring customer satisfaction.
44. Insurer estimate: In case an insurance claim is filed by the customer related to the repairs performed, the company will submit an insurance estimate to the Insurer. This estimate will be used by the Insurer for the sole purpose of validating the insurance claim.
45. 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.
46. Labor Warranty: The Company shall provide a limited warranty to the Customer for the repairs performed under the terms of this Contract and specifically paint work. This warranty shall stay for a period of a 2 year(s) following the completion of all the aforementioned repairs. During the warranty period, the Company promises to correct any faults related to the repairs performed in relation to this contract at its sole expense. This warranty only covers the cost of labor and does not extend to any parts used for repairs.
47. Warranty for Parts: Parts installed during the repair are covered by a warranty provided by the parts manufacturer. The length of the warranty may vary, but all parts come with at least a 6 month warranty against defects. If a part fails within the warranty period, the part will be replaced or repaired at no cost to the customer, provided the failure is not due to misuse or damage.
48. Exclusions from Warranty: The warranty does not cover damage to parts caused by misuse, accidents, neglect, or improper maintenance after the repair is completed. The Repair Shop will provide maintenance guidelines to help the Owner preserve the condition of the vehicle following repairs.
49. The company’s warranty is designed specifically to cover any defective work carried out by Auto Centre Panel Beaters and does not extend to any work or modifications made by other companies. Visit https://autocentrepanelbeaters.co.za/policies for our warranty coverage policies.
