TERMS AND CONDITIONS
These Terms & Conditions (“Terms”) apply to all estimates, quotations, inspections, diagnostic services, repairs, maintenance, parts supplied, parts installed and other services provided by Rival Motors (“Rival Motors”, “we”, “us” or “our”) to the customer (“customer”, “you” or “your”).
These Terms must be read together with the applicable estimate, quotation, job card, invoice and any written or recorded authorisation relating to the vehicle.
These Terms are subject to the Consumer Protection Act 68 of 2008 (“CPA”), the South African Automotive Industry Code, applicable regulations and other applicable South African law.
Nothing in these Terms excludes, limits or waives any right, remedy, obligation or liability that cannot lawfully be excluded, limited or waived.
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1. ESTIMATES, QUOTATIONS & AUTHORISATION
1.1 Estimate validity
Unless otherwise stated in writing, an estimate is valid for seven (7) days from the date it is issued.
An estimate that has expired must be reconfirmed by Rival Motors before work is commenced or parts are ordered on the basis of that estimate.
1.2 What an estimate contains
An estimate will, where applicable, identify:
a. the customer;
b. Rival Motors’ details;
c. the vehicle, including registration number and/or VIN/chassis number;
d. the odometer reading where reasonably available;
e. the nature and extent of the proposed repair, maintenance or service;
f. the estimated parts and labour costs and applicable taxes;
g. the total estimated amount;
h. the validity period;
i. the expected or agreed collection period; and
j. any applicable storage charge and the circumstances in which it may become payable.
1.3 Estimates and additional work
An estimate is based on the information reasonably available to Rival Motors when it is prepared.
The vehicle may contain faults or conditions that cannot reasonably be identified without further inspection, testing, dismantling or repair.
If Rival Motors discovers additional work or parts that are reasonably required and were not included in the original estimate, Rival Motors will:
a. inform the customer of the additional work;
b. provide the additional estimated charge where reasonably practicable; and
c. obtain the customer’s authorisation before undertaking additional chargeable work.
1.4 Authorisation of additional work
The customer’s authorisation may be provided by:
a. signed written approval;
b. email;
c. WhatsApp or other electronic message;
d. recorded telephone conversation;
e. another recorded communication; or
f. another method permitted by applicable law.
Rival Motors may retain the record of such authorisation.
1.5 Maximum authorised amount
Where the customer authorises work up to a specified maximum amount, Rival Motors will not knowingly exceed that authorised maximum without obtaining further authorisation, unless otherwise permitted by law.
1.6 No unauthorised additional charge
Where an estimate has been provided, Rival Motors will not charge more than the authorised amount unless the customer has been informed of the additional estimated charges and has authorised the additional work, as required by applicable law.
1.7 Diagnostic and estimate charges
Where a diagnostic inspection, dismantling or other investigation is required solely for the purpose of preparing an estimate and a charge will be made for that work, the applicable charge will be disclosed to and authorised by the customer before that chargeable diagnostic work begins.
1.8 Deposit
For estimates exceeding R5,000, Rival Motors may require an 80% deposit before commencing the authorised work.
The deposit will be credited against the final invoice.
Any cancellation, refund or retention of a deposit will be dealt with in accordance with applicable law and the circumstances of the transaction.
1.9 Parts availability and supplier pricing
Parts availability, supplier pricing and delivery times may change.
Where a material change affects the authorised repair, Rival Motors will notify the customer and obtain any additional authorisation required before proceeding with additional chargeable work.
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2. REPAIR PROCESS & ADDITIONAL FAULTS
2.1 Nature of vehicle repairs
Motor vehicles contain interconnected mechanical, electrical, electronic and computer-controlled systems.
Diagnosis or repair of one fault may reveal another fault or condition that was not reasonably apparent during the initial inspection.
2.2 Additional faults
Where an additional fault requiring chargeable work is identified, Rival Motors will notify the customer and obtain the required authorisation before proceeding with the additional work.
2.3 Dismantling
Where reasonable diagnosis requires dismantling or partial disassembly, Rival Motors may carry out such work where it has been authorised to perform the relevant diagnostic or repair work.
Dismantling may reveal additional faults, damage or worn components that were not visible beforehand.
2.4 Repair limitations
Rival Motors does not guarantee that a repair to one component will correct every symptom experienced by the vehicle where the symptoms may have more than one possible cause.
Where further investigation or repair is reasonably required, Rival Motors will inform the customer and obtain the required authorisation before additional chargeable work is undertaken.
2.5 Unauthorised or declined repairs
If the customer declines a repair that Rival Motors considers necessary for safety, roadworthiness or proper operation, Rival Motors may record that the repair was recommended and declined.
Where appropriate, Rival Motors may provide the customer with written confirmation of the recommendation and the customer’s decision.
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3. CUSTOMER RESPONSIBILITIES
The customer must:
a. provide accurate information about the vehicle and its known history;
b. disclose known faults, previous repairs, modifications and relevant circumstances;
c. provide any customer-supplied parts or other items required for an authorised repair within a reasonable period;
d. provide required approvals and instructions within a reasonable period;
e. make required payments when due;
f. respond within a reasonable period to requests for authorisation or information; and
g. collect the vehicle within the agreed collection period once notified that it is ready.
A failure or delay by the customer in complying with these responsibilities may affect the completion date and may result in storage charges as provided for in these Terms.
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4. CUSTOMER-SUPPLIED PARTS
4.1 Customer-supplied parts
Where the customer supplies a part for installation, the customer remains responsible for selecting and supplying that part.
Rival Motors does not warrant the customer’s supplied part against defects, incorrect specification, incompatibility, previous wear, incorrect application or remaining service life.
4.2 Inspection
Where reasonably practicable, Rival Motors may inspect a customer-supplied part before installation.
An inspection does not constitute a warranty that the part is free from defects or will perform for any particular period.
4.3 Installation
Rival Motors remains responsible for performing the installation service with the standard required by applicable law.
Rival Motors will not be responsible for a failure or damage caused by a defective, unsuitable, incompatible or incorrectly specified customer-supplied part, to the extent permitted by law.
4.4 Risk disclosure
Where a material risk is reasonably apparent, Rival Motors will inform the customer before installation where reasonably practicable.
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5. USED & SECOND-HAND PARTS
5.1 Customer request
Where the customer specifically requests a used or second-hand part, Rival Motors will disclose known or reasonably apparent risks where practicable.
5.2 Condition
Used or second-hand parts may have:
a. an unknown service history;
b. previous wear;
c. unknown remaining service life;
d. cosmetic deterioration; or
e. other limitations associated with their used condition.
5.3 Customer acceptance
The customer’s decision to use a used or second-hand part will be recorded where reasonably practicable.
Nothing in this section removes any statutory right that cannot lawfully be excluded.
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6. WARRANTIES & STATUTORY RIGHTS
6.1 Consumer rights
Goods and services supplied by Rival Motors are subject to the rights and remedies provided by the CPA and other applicable law.
6.2 Goods
Where applicable, goods supplied by Rival Motors must meet the statutory requirements relating to quality, suitability, working order, freedom from defects and reasonable durability.
6.3 Section 56 warranty
Where Section 56 of the CPA applies, the statutory implied warranty of quality applies to goods supplied to the customer.
Where the statutory requirements are met, the customer may have the right to return the goods and require the applicable statutory remedy, including repair, replacement or refund as provided by law.
6.4 Repair of goods
Where Rival Motors repairs goods or a component and the statutory requirements of Section 56(3) are triggered, Rival Motors will comply with the applicable statutory remedy.
6.5 Section 57 warranty
A new or reconditioned part installed during repair or maintenance work, together with the labour required to install it, carries the statutory three-month warranty contemplated by Section 57 of the CPA, subject to the limitations contained in that section and any longer written warranty expressly provided by Rival Motors.
6.6 Misuse, abuse and ordinary wear
The Section 57 warranty does not apply where the statutory conditions for exclusion apply, including misuse or abuse or ordinary wear and tear.
6.7 Manufacturer and supplier warranties
A manufacturer’s, distributor’s, importer’s or supplier’s warranty may apply in addition to statutory rights.
A supplier warranty does not replace or reduce a mandatory statutory right.
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7. PRE-EXISTING, UNRELATED & CONSEQUENTIAL VEHICLE CONDITIONS
7.1 Pre-existing conditions
Rival Motors is not responsible for a fault or damage that existed before the vehicle was delivered to Rival Motors or that is unrelated to the authorised work, subject to applicable law.
7.2 Underlying faults
Rival Motors is not responsible for an underlying fault that was not reasonably discoverable during the authorised inspection or repair and that subsequently causes or contributes to a failure.
Where the underlying fault is identified, Rival Motors will notify the customer where reasonably practicable.
7.3 Customer-caused damage
Rival Motors is not responsible, to the extent permitted by law, for damage resulting from:
a. misuse;
b. abuse;
c. accident;
d. neglect;
e. unauthorised modification;
f. continued use of a vehicle after the customer has been warned of a fault or unsafe condition;
g. customer-supplied defective or unsuitable parts; or
h. instructions given by the customer against Rival Motors’ recommendation.
7.4 No blanket exclusion
Nothing in this section excludes liability that Rival Motors cannot lawfully exclude.
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8. VEHICLE CONDITION & CUSTOMER PROPERTY
8.1 Reasonable care
Rival Motors will take reasonable care of the vehicle while it is in Rival Motors’ possession.
8.2 Vehicle condition
Where reasonably practicable, Rival Motors may record:
a. the vehicle’s visible condition;
b. existing damage;
c. mileage;
d. fuel level; and
e. photographs or other relevant information.
8.3 Customer property
The customer should remove valuables and personal belongings from the vehicle before leaving it with Rival Motors.
Rival Motors will deal with customer property in accordance with applicable law.
8.4 Damage occurring while in Rival Motors’ possession
Any claim relating to loss or damage to the vehicle while in Rival Motors’ possession will be assessed in accordance with applicable law and the circumstances giving rise to the alleged loss or damage.
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9. VEHICLE COLLECTION & STORAGE
9.1 Collection
The customer must collect the vehicle at the agreed time and place, or within the collection period stated on the estimate, quotation, job card or other written communication.
9.2 Storage fee
A storage fee of R150.00 per calendar day will apply where the vehicle remains at Rival Motors for more than two (2) days due to a delay attributable to the customer, subject to applicable law.
9.3 Customer-caused delay
A customer-caused delay includes, without limitation:
a. failure to collect the vehicle after notification that it is ready;
b. failure to authorise additional work reasonably required to complete the repair;
c. an instruction to pause, suspend or stop the repair;
d. failure to provide required information or instructions;
e. failure to provide customer-supplied parts required for the repair;
f. failure to make a required payment or deposit;
g. requesting that the vehicle remain at Rival Motors after completion; or
h. any other act or omission within the customer’s reasonable control that prevents or materially delays completion or collection.
9.4 Notice
Where a customer-caused delay prevents completion or collection, Rival Motors will notify the customer of:
a. the reason the work cannot proceed or the vehicle cannot be collected;
b. what action is required from the customer; and
c. the applicable storage consequences.
9.5 Two-day grace period
The first two (2) calendar days following notification that the vehicle is ready for collection, or notification of the customer-caused delay, will not attract a storage fee.
If the vehicle remains at Rival Motors after those two days because of the customer-caused delay, storage will be charged at R150.00 per calendar day from the third day onwards.
9.6 Delay caused by Rival Motors
No storage fee will be charged for a period during which the vehicle remains at Rival Motors because of a delay attributable to Rival Motors.
This includes, where applicable:
a. Rival Motors not having completed the authorised work;
b. a delay in obtaining parts for which Rival Motors is responsible;
c. an internal operational delay; or
d. another circumstance for which the customer is not reasonably responsible.
9.7 Customer failure to respond
Where the customer fails to respond to reasonable requests for authorisation, information, parts, payment or collection, Rival Motors may issue a further written notice recording the outstanding requirement and applicable storage consequences.
9.8 Storage charges agreed before work
The customer acknowledges and agrees, before work commences, to the storage charge of R150.00 per calendar day in the circumstances described in this section.
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10. PAYMENT, RETENTION & UNCOLLECTED VEHICLES
10.1 Payment before release
Unless otherwise agreed in writing, the final invoice must be paid in full before the vehicle is released.
10.2 Payment disputes
Where the customer disputes an invoice, the customer should notify Rival Motors promptly and identify the disputed amount and reason for the dispute.
Nothing in this clause prevents either party from exercising rights available under applicable law.
10.3 Lawful retention
Where Rival Motors has a valid legal right, including a lawful lien where applicable, to retain possession of a vehicle, Rival Motors may retain possession in accordance with South African law.
10.4 No self-help beyond lawful rights
Rival Motors will not use unlawful force, unlawful repossession or other unlawful means to recover payment or possession.
10.5 Extended non-collection or non-payment
Where a vehicle remains uncollected or amounts remain unpaid for an extended period, Rival Motors may take appropriate legal steps to:
a. recover amounts lawfully due;
b. enforce any valid lien or other lawful right;
c. obtain an appropriate court order; or
d. otherwise deal with the vehicle as permitted by law.
10.6 Sale or disposal
Rival Motors does not acquire an automatic right to sell the customer’s vehicle merely because an invoice remains unpaid or the vehicle has remained at the premises for a particular period.
Any sale or disposal will occur only where permitted by applicable law or pursuant to an appropriate legal process.
10.7 Surplus proceeds
Where Rival Motors is lawfully entitled to sell a vehicle or property, any surplus proceeds remaining after payment of lawful amounts and costs will be dealt with in accordance with applicable law.
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11. STEAM CLEANING & CLEANING SERVICES
11.1 Customer-authorised cleaning
Where the customer requests steam cleaning, engine-bay cleaning, interior cleaning or another cleaning service, the customer acknowledges that cleaning may expose pre-existing conditions that were not previously visible.
These may include:
a. deteriorated seals;
b. damaged wiring or electrical components;
c. loose components;
d. existing water ingress;
e. previous repairs;
f. brittle plastics or materials;
g. pre-existing corrosion; or
h. other deterioration.
11.2 Risk disclosure
The material risks associated with the requested cleaning service will be brought to the customer’s attention where required by applicable law.
11.3 Existing defects
Rival Motors will not be responsible for a pre-existing defect merely because the defect becomes apparent following the cleaning service.
11.4 Liability
Nothing in this section excludes liability that cannot lawfully be excluded.
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12. REMOVED PARTS
12.1 Removed parts
Rival Motors will retain removed parts and components in accordance with Section 67 of the CPA.
12.2 Return
Unless the customer has declined their return, removed parts will be returned in a reasonably clean container as required by law.
12.3 Exceptions
The return requirement does not apply where parts or materials must lawfully be:
a. returned to or disposed of at the direction of a manufacturer, producer or distributor under a warranty;
b. returned to or disposed of at the direction of an insurer under an insurance claim; or
c. recovered or disposed of in accordance with environmental, health, safety or other applicable regulations.
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13. COMMUNICATION & RECORDS
13.1 Customer contact details
The customer must provide accurate and current contact details.
13.2 Communication methods
Rival Motors may communicate with the customer by telephone, SMS, WhatsApp, email or another agreed communication method.
13.3 Recorded communications
Where legally permissible, Rival Motors may retain records of:
a. estimates;
b. authorisations;
c. approvals;
d. customer instructions;
e. notices of additional work;
f. notices of delay;
g. collection notifications;
h. storage notifications; and
i. other communications relating to the repair.
13.4 Customer responsibility
The customer is responsible for checking and responding to communications sent using the contact details supplied to Rival Motors.
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14. SAFETY & ROADWORTHINESS
14.1 Safety concerns
If Rival Motors identifies a material safety or roadworthiness concern, the customer will be informed.
14.2 Declined safety work
If the customer declines work that Rival Motors has identified as necessary for safety or roadworthiness, Rival Motors may record the recommendation and the customer’s refusal.
14.3 Unsafe release
Rival Motors will not knowingly represent a vehicle as safe or roadworthy where Rival Motors has identified a material condition that makes such representation inaccurate.
14.4 Customer instruction
Where the customer instructs Rival Motors to carry out work contrary to a safety recommendation, Rival Motors may decline to perform that work where necessary to comply with applicable law, manufacturer requirements or reasonable safety standards.
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15. SUB-CONTRACTED WORK
Where material repair work is outsourced to a third-party service provider or specialist, Rival Motors will inform the customer where required by applicable law or the Automotive Industry Code.
The customer remains entitled to applicable statutory rights against Rival Motors in respect of services supplied by Rival Motors, subject to the circumstances and applicable law.
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16. ACCEPTANCE OF THESE TERMS
16.1 Acceptance
The customer accepts these Terms by:
a. signing an estimate, quotation or job card incorporating these Terms;
b. accepting an estimate or quotation;
c. authorising work verbally, electronically or in writing;
d. instructing Rival Motors to proceed with the work; or
e. otherwise entering into the transaction with Rival Motors,
to the extent permitted by applicable law.
16.2 Copy of Terms
The customer may request a copy of these Terms and Rival Motors will provide reasonable access to them.
16.3 Important provisions
The following provisions are important and will be specifically drawn to the customer’s attention where required:
a. additional-work authorisation;
b. customer-supplied and used parts;
c. storage charges;
d. material risks associated with optional services;
e. any material limitation of liability; and
f. the consequences of failing to collect the vehicle.
16.4 No waiver of statutory rights
Nothing in these Terms:
a. waives a statutory consumer right;
b. excludes a statutory obligation of Rival Motors;
c. authorises unlawful conduct;
d. overrides a mandatory provision of the CPA; or
e. prevents a customer from exercising a lawful remedy.
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17. SEVERABILITY & INTERPRETATION
17.1 Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply only to the extent that it is lawful and enforceable, and the remaining provisions will remain in effect to the extent permitted by law.
17.2 Applicable law prevails
Where these Terms conflict with a mandatory provision of South African law, the mandatory legal provision will prevail.
17.3 Interpretation
These Terms must not be interpreted as creating a right for Rival Motors to do anything that South African law prohibits.
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18. DISPUTES & GOVERNING LAW
18.1 Governing law
These Terms are governed by the laws of the Republic of South Africa.
18.2 Direct resolution
The parties should first attempt to resolve any dispute directly and in good faith.
18.3 Alternative dispute resolution
Where applicable, a customer may approach the Motor Industry Ombud of South Africa (MIOSA) or another competent dispute-resolution body.
18.4 Court proceedings
Nothing in these Terms prevents either party from approaching a court or other legally competent forum where permitted by law.