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TERMS AND CONDITIONS

1. APPLICATION

1.1 These terms and conditions shall apply to any contract of servicing and/or repair work and/or goods supplied and to be carried out on any vehicle, parts, accessories or other item (hereinafter collectively referred to as ¬the goods/services¬) supplied and/or carried out by Harrack Automotive Air-conditioning (Pty) Ltd (the company) as instructed and/or ordered by the customer.
1.2 All or any part of the goods/services to be carried out by the company may be carried out on its behalf by any agent or sub-contractor appointed by it.

2. DELIVERY

2.1 The customer shall have taken delivery of the goods/services upon signing on the face of the invoice by the customer and/or its agent and/or its appointed courier/delivery services).
2.2 The expected completion date is an approximate only and time is not of the essence for the delivery and/or completion of any goods/services. In the event that the company is unable to deliver the goods/services on the expected date of completion, the customer shall not have the right to cancel the order without compensation to the company of any or all costs incurred.
2.3 The company shall be entitled to suspend the delivery of the goods if the customer is in breach of any of the terms and conditions and/or any other related agreement with the company.
2.4 The company may effect delivery of the goods at different times which the customer agrees to accept in instalments.

3. PRICE

3.1 The price of the goods will be the company’¬s standard rates and/or charges and/or selling prices ruling at the time the goods are delivered and/or work is carried out.
3.2 Any quotation given by the company is an estimate only and shall not be binding on the company, unless given in writing and accepted by the customer in writing. In the event of it being necessary to strip and/or dismantle any goods in order to prepare a quotation for work, the following conditions shall apply.
3.2.1 The company shall be entitled to dismantle the goods to such an extent as it may deem necessary in order to prepare the quotation;
3.2.2 The customer shall be liable for all costs incurred by the company in dismantling the said equipment which shall be charged at the company’¬s standard rates;
3.2.3 In the event of the customer not accepting the company’¬s quotation, the customer shall accept and remove the goods in its stripped-down condition and pay the costs as contemplated in 3.2.2.

4. ADDITIONAL WORK

4.1 If any work, additional to that reflected on the face of the repair order, is deemed by the company to be necessary and/or desirable for the maintenance of the goods and/or the safety of the customer, the company shall obtain the customers verbal or written consent to proceed with such work and having done so, replace such parts and/or use such materials and/or employ such labour as the company in its absolute discretion considers necessary.
4.2 The customer agrees to pay for all additional work contemplated in 4.1 at the company’¬s prevailing rates for parts and labour.

5. PAYMENT

5.1 The customer shall pay the price specified on the face of the invoice, together with any costs due to the company, including those contemplated in 3.2.2 and/or 4.1, prior to the removal of any goods from the company’¬s premises, unless alternative arrangements are made with an authorised representative of the company and/or where goods/services are supplied on credit by the company.
5.2 If the company accepts any instrument in payment of the amount due, the company reserves the right to retain possession of the goods until such instrument is honoured. The customer acknowledges that the company has an express mechanics lien over the goods/services which secures the amount due in respect of repairs carried out.
5.3 The company shall be entitled to charge interest on any unpaid amount, from the due date of such amount to the date of payment at a rate which is 2 percent above the rate charged by the company’¬s bankers on overdraft from time to time.
5.4 The customer agrees that the customer will be liable for the storage costs of storing the vehicle on a daily basis at the company’s usual rates, which are available upon request, from the day after the vehicle is to be collected from the premises until the day that the vehicle is removed by the customer. The vehicle will only be released to the customer upon the payment of all storage costs.

6. WARRANTY

6.1 Except as provided for in any express warranty or guarantee given in writing by the company to the customer which is intended to form part of the contract.
6.1.1 All goods supplied and/or work carried out is warranted to be free from defect in respect of materials and workmanship for a period of 12 months from the date of the goods having been delivered and/or work being completed or otherwise stated in any form of warranty document or on the face of the invoice. Specific exceptions may apply to specialised repairs and outsourced work
6.1.2 If any goods supplied and/or work effected by the company in terms hereof is defective by reason of defective parts or workmanship the company undertakes in its discretion to remedy such defect by either adjusting, repairing or replacing such defective parts or rectifying such defective workmanship provided that the aforegoing shall not extend to goods that have been misused abused or used contrary to specifications or instructions.
6.1.3 All repairs done in respect of this warranty and referred to in 6.1.2 will not extend the warranty period.
6.1.4 Repairs and installations on vehicles that work under extreme conditions and/or travel more than average distances will only carry a 3 months warranty.6.1.5 This warranty is not transferable.

7. EXCLUSION OF LIABILITY

7.1 The company shall not be liable to the customer for any loss and/or special and/or consequential damages whatsoever arising out of any breach by the company of any of its obligations in terms of this agreement.
7.2 Without limiting the generality of 7.1 the company shall not be liable for any loss or damage whatsoever suffered by the customer as a result of;
7.2.1 The goods or any parts thereof or workmanship including work carried out by an agent or sub-contractor being defective in any way or failing to conform wholly or in part with any written warranty given by the company
7.2.2 Any damage to goods and/or property of the customer howsoever arising including but not limited to fire theft damage by hail accident or any other cause whatsoever.
7.3 No warranty is applicable to any electrical and/or electronic goods/services supplied.

8. CANCELLATION

If the customer:
8.1 commits a breach of any of these terms and conditions; or
8.2 being a natural person, dies or is provisionally or finally sequestrated or surrenders his estate; or
8.3 being a partnership, is dissolved; or
8.4 being a company is placed under a provisional or final order of liquidation or business rescue; or
8.5 compromises or attempts to compromise generally with its creditors;

then the company may;
8.6 summarily cancel the contract by giving the customer 10 business days written notice to that effect without prejudice to any other rights the company has as a result of such breach or cancellation;
8.7 claim any and all amounts that are due, owing and payable
8.8 and retain the goods subject to this agreement should it have such goods in its possession at the time of such breach or cancellation.

9. JURISDICTION

The customer consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of the Magistrates Court Act notwithstanding that the claim by the company may exceed the normal jurisdiction of the Magistrates Court as to amounts; notwithstanding the aforegoing the company shall in its discretion be entitled to institute legal proceedings in any other court of competent jurisdiction.

10. DOMICILIUM

The customer and surety(s) nominate as their domicilium citandi et executandi the address reflected on the face of the invoice for service upon them of all notices and processes in connection with any claim arising in terms hereof. Such notice may be given by prepaid registered mail and/or electronic delivery via fax and/or email and/or hand delivered to the customers domicilium.

11. NATIONAL CREDIT ACT / CONSUMER PROTECTION ACT

11.1 Taking cognisance of the fact that certain protections are afforded to a juristic entity, in terms of the National Credit Act 34 of 2005 and /or Consumer Protection Act 68 of 2008, should its annual turnover be below R1 000 000.00 (one million rand) per annum.
11.2 Where the customer has declared it’s turnover as below the threshold, the customer undertakes to inform Harrack Automotive Airconditioning (Pty) Ltd in writing should the turnover exceed the threshold after conclusion of this agreement.

12. GENERAL

12.1 No addition to variation or agreed cancellation of this agreement shall be of any force or effect unless it is recorded in writing and signed by an authorised representative of the company.
12.2 No indulgence extension of time relaxation or latitude which the company may permit at any time in regard to the carrying out of any of the customers’ obligations shall prejudice the company in any manner or is to be construed as a waiver by the company of any of its rights in terms of this agreement.
12.3 This agreement and its interpretation shall be determined in all respects in accordance with the law of the Republic of South Africa. Unless the context indicates the contrary intention, an expression which denotes any gender includes the other genders a natural person includes an artificial person / legal entity or vise versa and the singular includes the plural and vice versa. Clause endings and/or headings are for convenience and shall not be used in the interpretation hereof.
12.4 In the event of one or more of the clauses, sub clauses, paragraphs and/or subparagraphs of this agreement being found to be unlawful or in any other way being void or voidable and unenforceable, this shall not affect the remainder of the agreement and in particular the validity and/or enforceability of the agreement.
12.5 The customer shall not be entitled to cede, transfer or make over any rights and/or duties in terms of this agreement to any third party without the prior written consent of Harrack Automotive Air-conditioning (Pty) Ltd.
12.6 The Parties hereby warrant that this agreement is executed voluntarily and without any duress or undue influence. The parties acknowledge that they have read these terms and conditions and agree to be bound by them with full and free consent.
12.7 No provision of these terms and conditions shall be construed against any party by virtue of the fact that such party or its counsel drafted such provisions or the entirety of it.
12.8 The Applicant, being aware that Harrack Automotive Airconditioning (Pty) Ltd may from time to time need to provide its employees with access to the recorded information herein, explicitly consents to the employees and/or the relevant office bears being granted access to this information from time to time.
12.9 Harrack Automotive Airconditioning (Pty) Ltd confirms that it will not knowingly and intentionally provide this information or any other private information of the customer (except as provided for above) to any third parties without the prior written consent of the customer.

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