1. DEFINITIONS: "I", "me" and "my" refers to the Customer and the "Company" refers to TYRES & MORE® – a Division of TiAuto Investments (Pty) Ltd or one of its franchises.
2.1. These terms and conditions will apply to the contract of fitting or repair work including the replacement of tyres, balancing and alignment and any other service requested by the Customer (the “work”) that will be carried out on any vehicle(s) (“the vehicle”).
2.2. Subject to paragraph 5 below and the face hereof, I authorize the Company to carry out the work and to fit any parts which, in the Company’s opinion are necessary to satisfactorily complete the work.
2.3. If the work to be carried out is covered by a warranty, or fleet plan of the vehicle, to the extent that the fleet company will pay the cost of the work and or parts, then the Company will obtain the approval of the fleet company before it starts any work. If the fleet company refuses to pay for the required work and or parts, or I am responsible to pay a portion thereof, then the Company will only proceed with the work once I have agreed to pay for it and have specifically authorised Company to proceed with the work.
2.4. I agree that all or any part of the work that the Company will carry out, may be carried out by it or on its behalf by any agent or sub-contractor appointed by Company.
3.1. The expected completion date is approximate only and the Company does not warrant that it will complete the work within the estimated time. Although it will use its best efforts to do so, if the Company is unable to complete the work on the expected date and/or time of completion, I will not have the right to cancel the contract of work, nor will the Company be liable for any loss or damage, which I may suffer because of late delivery.
3.2. If I do not take delivery or collect or remove the vehicle for whatsoever reason within 24 hours after I have been informed that the goods are available to be collected or delivered, I accept that the Company may charge me reasonable storage charges.
The price of the work rendered and/or parts supplied will be at the Company’s prevailing standard rates and charges ruling at the time they complete the work or subject to the prices as stated on an official quotation with a 14 day validity.
5. ADDITIONAL WORK
5.1. If the additional work costs more than the pre-authorisation value, then the Company will obtain my permission to proceed with this additional work before it starts any additional work.
5.2. I agree that the Company can obtain authorization from me via a telephonic instruction at the telephone number I have supplied overleaf.
5.3. In the event that the Company is unable to contact me at the number provided overleaf, then it will not proceed with any work.
All payments in respect of the work and/or parts supplied in the rendering of these services will be in cash when the work is completed, unless the Company and I agree otherwise in writing.
7. REPAIRERS LIEN
I acknowledge an express repairer’s lien in favour of the Company to secure the amount due to the Company for all work done and materials supplied in terms hereof.
8. LIMITATION OF OUR LIABILITY
All parts fitted which are not directly supplied by TYRES & MORE® are fitted entirely at the customers own risk. TYRES & MORE® cannot warrant the quality or suitability of non-supplied parts, and take no liability for losses, damage or injury caused by the fitment of these parts.
8.1. Except as is provided in law, or is provided for in any express warranty or guarantee that the Company gives in writing to me which is intended to form part of this contract:
8.1.1. If any work that the Company effects is defective because of defective part(s) or workmanship, the Company undertakes to remedy the defect(s) by either adjusting, repairing or replacing the defective part(s) or rectifying the defective workmanship; provided that this will not apply to goods:
18.104.22.168. that have become defective due to fair wear and tear; or,
22.214.171.124. that have been misused or abused; or,
126.96.36.199. that has been used by me contrary to the manufacturer’s specifications or instructions.
8.1.2. The Company’s liability as repairer will be limited solely to the reasonable cost of remedying the defective or unsatisfactory repair(s) and/or replacing the defective part(s) for which Company was liable and provided that I notify Company of the faulty workmanship within 1 week of discovery of the fault which must have occurred within 12 weeks from the date of the delivery of the vehicle to me.
8.2. Save as aforesaid the Company does not make any other representations, unless expressly given in writing.
9.1 I hereby
9.1.1 grant the Company and its employees permission to drive the vehicle for test purposes and/or to inspect it.
9.1.2 Agree that the Company will hold my vehicle in its possession and drive it at my risk, and I acknowledge that the Company does not hold itself responsible for any loss and/or damage to the vehicle and/or for articles left in the vehicle in the case of fire, theft or any other cause whatsoever, unless there was negligence on its part.
The Company does however agree to exercise due care in looking after your vehicle.
I consent to the jurisdiction of the Magistrate’s Court in terms of the Magistrate’s Court Act, even if the claim by the Company may be more than the normal jurisdiction of the Magistrate’s Court. The Company may in its discretion institute legal proceedings in any other court of competent jurisdiction.
11. MANUFACTURER’S WARRANTY
11.1 I confirm that the sale of the wheels, tyres, batteries, shock absorbers, brakes and related products is governed by the manufacturer’s warranty.
11.2 I acknowledge that the Company has advised me that the wheels, tyres, batteries, shock absorbers, brakes and related products can only be used according to the exact manufacturer’s specifications.
11.3 I acknowledge that the Company has advised me that I must balance wheels and check the alignment within the specified intervals as well as comply with all the terms of the manufacturer’s warranty, or else the manufacturer’s warranty could be invalidated.
11.4 I will read the manufacturer’s warranty and make myself fully aware of what must and must not be done with and to the goods, being the wheels, tyres, batteries, shock absorbers, brakes and related products, in order for the goods to function correctly and safely; and
11.5 I will make myself familiar with what my obligations are in respect of the warranty, the warranty periods, the service requirements, and the terms and conditions which fall outside of the manufacturer’s warranty.
12. SUPPLY CHAIN RESPONSIBILITY
12.1 The Company has advised me that it will conduct a pre-delivery inspection of the wheels, tyres, batteries, shock absorbers, brakes and related products to reasonably confirm that the wheels, tyres, batteries, shock absorbers, brakes and related products are in a good order and condition and that there are no reasonably detectable defects to the wheels, tyres, batteries, shock absorbers, brakes and related products, before they deliver it to me.
12.2 I accept that in the supply chain:
12.3 The Company is only the seller of the goods and that it is not the manufacturer of the goods (wheels, tyres, batteries, shock absorbers, brakes and related products); and
12.4 Given the Company’s role in the marketing and sale of the goods, as well as its pre-delivery inspection of the goods, the Company could not reasonably have foreseen any manufacturing defect, nor could it reasonably have been discovered by the Company and the Company is therefore not responsible for any risk which occurs because of a manufacturing defect, and
12.4.2 If any risk which occurs due to a manufacturing defect, causes damages or harm or loss then I acknowledge that although I am entitled to approach the Company and the producer, importer or manufacturer for redress, the Company cannot reasonably be responsible for such damages or harm or loss. The Company has however undertaken to assist me in this process as much as is reasonably possible
13.1 If any of the terms and conditions in this agreement are found to be invalid, then that will not invalidate the remainder of this contract.
13.2 Goods remain the property of the Company until paid in full and until such time are subject to repossession.
13.3 I have read the terms and conditions contained in this offer and I understand and accept them in every respect.
13.4 Customer casings will not be stored at TYRES & MORE® unless under special circumstances, in such circumstances the casing will only be kept for a maximum period of one week. Should the customer not pick up the casing within that period, TYRES & MORE® will dispose of the casing.