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TERMS & CONDITIONS OF SALE
1. Definition
Unless the context dictates otherwise, the words and expressions set forth
below shall bear the following meanings and cognate expressions shall bear
corresponding meanings:
1.1. “Company” means Automotive Racing Components
a PTY LTD duly incorporated in accordance with
the laws of the Republic of South Africa.
1.2. “CPA” means the Consumer Protection Act, 2008.
1.3. “Customer” means the buyer of the Goods.
1.4. “Goods” means the goods supplied by the Company.
2. Application of Terms and Conditions
The Customer agrees that all current and future orders for and sales of the
Goods are subject to the following terms and conditions, which the Customer
acknowledges to have read and understood.
3. Prices
3.1. The Company’s listed prices are subject to alteration at any time
without prior notice.
3.2. The prices contained in quotations, estimates and acceptances of
orders are based on the quantities and any other details specified therein and
the Company reserves the right to revise prices in the event of a change in the
quantities or any other details.
3.3. All prices quoted by the Company are subject to fluctuations in
exchange rates, duties, surcharges, freight and transport costs, and clearing
agents’ charges. If suppliers increase their prices, the Company shall be
entitled to pass on these increases to the Customer.
3.4. The prices quoted do not include charges for consultations,
installation, training, repairs or any other services. Such charges will be
charged by the Company in addition at its then current rates.
3.5. All prices quoted exclude Value Added Tax, unless otherwise
stated.
3.6. A quotation by the Company is only open for acceptance within 7
(seven) days from date thereof, unless otherwise agreed to in writing by the
Company.
4. Payment Terms
4.1. Payment in respect of Goods must be made in advance on the date of
order, unless otherwise agreed to in writing by the Company. No Goods will be
released to the Customer until full payment has been received.
4.2. The price for the Goods must be paid in cash or via electronic funds
transfer, without any set-off or deductions and free of any costs, charges or
exchange. Payment via debit card, credit card or cheque will not be
accepted.
5. Orders and Delivery
5.1. All orders are accepted subject to availability of Goods. The Supplier
reserves the right to withdraw any Goods from its catalogue.
5.2. Delivery dates and times are estimates only, although the Company will
endeavour to adhere to any stated delivery times. The period specified for
delivery on the Company’s quotation:
5.2.1. is exclusive of any period occupied in developing, altering or
adapting tools or any experimental work connected with the same;
5.2.2. shall commence from the Company’s final settlement of details and
specifications of the Goods and not from the date of order;
5.2.3. is subject to the lead time the Company is given by its
suppliers.
5.3. The Company shall not be liable for any costs incurred by the Customer
as a result of any delay in the supply or delivery of the Goods.
5.4. Unless otherwise agree by the Company in writing, the Customer shall
bear all costs of transport of the Goods.
5.5. Delivery and passing of risk in the Goods shall be deemed to have
taken place when the Goods leave the Company’s premises. Notwithstanding the
aforesaid, ownership in the Goods shall remain vested in the Company until the
full purchase price in respect thereof has been paid in accordance with these
terms and conditions.
5.6. If the Customer or its agent fails to take delivery of the Goods, or
in any way delays the delivery of the Goods, then the risk in the Goods shall
immediately pass to the Customer and the Customer shall be liable to pay all
reasonable costs of storing, insuring, and handling the Goods until delivery
takes place.
5.7. The Customer shall have no claim against the Company if the Goods fail
to arrive at their destination or for any loss of or damage to the Goods,
arising from any cause, while they are in transit, irrespective of who was
responsible for the transport or delivery.
5.8. The Company shall be entitled to cancel any order for Goods if the
Customer commits a breach of any of these terms and conditions, and fails to
rectify such breach within 5 (five) days of the Company’s notice requiring the
Customer to rectify such breach, or fails to make payment to the Company on due
date.
6. Warranties and Indemnities
6.1. The Company makes no warranties regarding the Goods, other than as
provided for in terms of section 55 read with section 56 of the CPA.
6.2. The Company shall not be liable for and the Customer indemnifies the
Company from any claim, liability, loss, injury, damage, cost, expense or
penalty whatsoever and howsoever arising in relation to the Goods and the use
thereof, other than a claim for liability, loss, injury, damage, cost, expense
or penalty arising from or attributable to:
(a) harm as provided for in terms of the provisions of Section 61 of the
CPA;
(b) the gross negligence of the Company or any person acting for or
controlled by the Company.
6.3. The Company shall not be liable for and the Customer hereby
indemnifies and holds the Company harmless from any claim, liability, cost,
expense or penalty suffered or incurred as a result of installation, use or
maintenance of the Goods which does not comply with the Company’s
instructions.
7. Installation and use of the Goods
7.1. Employees of the Company are not allowed to install the Goods or work
on any vehicle.
7.2. It is the Customer’s responsibility to obtain an installation manual,
safety precautions and wiring diagrams and understand it before installations
begins. These are available on the CD accompanying the Goods and on the
Company’s website.
7.3. The Company recommends that the Goods should only be installed by an
installer approved by the Company. Notwithstanding the aforesaid, the Company
shall not be liable for any claim, liability, loss, injury, damage, cost or
expense arising from installation of the Goods by such an installer or any other
person or entity.
7.4. The Goods must be installed, used and maintained in accordance with
the Company’s instructions from time to time.
7.5. The Company offers a repair service on management systems only. The
Customer will be liable for the fees charged by the Company in respect of such
services from time to time.
7.6. The Customer must ensure that the Goods are used in accordance with
all applicable rules, laws and regulations in force from time to time. The
Company shall not be liable for any claims, costs, expenses or penalties arising
from use of the Goods in contravention of any rule, law or regulation.
7.7. In the event that the Customer sells the Goods to or installs them for
third parties, the Customer shall ensure that such third parties comply with the
Company’s instructions regarding the installation, use and maintenance of the
Goods. The Customer hereby indemnifies and holds the Company harmless from any
claim, liability, cost, expense or penalty suffered or incurred by the Company
as a result of the Customer not ensuring that the Goods are installed, used
and/or maintained by a third party in accordance with the Company’s
instructions.
8. Return of Goods
8.1. The Customer may only return Goods to the Customer in the event that
they fail to satisfy the requirements and standards contemplated in Section 55
of the CPA, and then only within the periods set out in Section 56 of the
CPA.
8.2. Subject to the provisions of clause 8.1, the Customer shall not be
entitled to return any Goods to the Company unless the Company agrees thereto to
in writing beforehand, the Goods are in the same condition as in which they were
sold and have not been used or damaged. In the event that the Company agrees to
the return of Goods, otherwise than in terms of the provisions of clause 8.1,
the Customer shall pay to the Company a handling fee in an amount which is equal
to 20% (twenty percent) of the price at which the Customer purchased the Goods
from the Company.
9. Force Majeure
In the event of any act of God, strike, war, warlike operation, rebellion,
riot, civil commotion, lockout, combination of workmen, interference of trade
unions, suspension of labour, fire, accident, or (without regard to the
foregoing enumeration) of any circumstances arising or action taken beyond or
outside the reasonable control of the Company preventing it from the performance
of any obligation to the Customer (any such event hereinafter called "Force
Majeure") then the Company shall be relieved of its obligations to the Customer
during the period that such Force Majeure continues and shall not be liable for
any delay or failure in the performance of any obligations or loss or damage
which the Customer may suffer due to or resulting from the Force Majeure.
10. General
10.1. This is the whole agreement between the parties containing all of the
express provisions agreed on by the parties with regard to the subject matter
hereof. No party may rely on any representation which allegedly induced that
party to enter into this agreement, unless the representation is recorded
herein.
10.2. No agreement varying, adding to, deleting from or cancelling this
agreement and no waiver of any right under this agreement shall be effective
unless in writing and signed by or on behalf of the parties.
10.3. No relaxation by a party of any of its rights in terms of this
agreement at any time shall prejudice or be a waiver of its rights (unless it is
a signed written waiver) and a party shall be entitled to exercise its rights
thereafter as if such relaxation had not taken place.
10.4. If any provision of this agreement is, or becomes, invalid or
unenforceable, it shall be severable from the rest of the agreement, which shall
continue to be binding on the parties.
10.5. All prices exclude forex charges, customs charges and local taxes.
“SCOPE OF SERVICE”
• Automotive Racing Components SUPPLIES ENGINE CONTROL UNITS ONLY – NO INSTALLATIONS OR
TUNING:
o We do not employ qualified mechanics.
o No installation or tuning fees are included in our prices quoted.
o We are prohibited by law to work on any car under any
circumstances.
o We do not guarantee any installation done by any dealers or person.
o We will only offer telephonic support during office hours.
o Office hours are from 08:00 to 16:30 Mondays to Thursdays, 08:00 to 16:00
Fridays.
o We are closed on Saturdays, Sundays and Public Holidays.
o We cannot send anyone out for a breakdown or installation problem.
o We do offer training at certain rates at our training facility in George
for dealers and DIY.
o Orders and proof of payments should be received before 12:00 to be
released same day.
o Orders and proof of payments received after 12:00 will be released next
day.
o An arrangement on lead times will be made on bulk and international
orders.
• Automotive Racing Components REFERRALS TO INDEPENDENT DEALERS:
o Automotive Racing Components equipment is sold both to the public and to independent
dealers.
o Although the Spitronics System is DIY, provided you have some automotive
experience and read the manual thoroughly, we cannot guarantee any
installations.
o We can refer you to an independent dealer
o However, these dealers are independent and we cannot be held responsible
for business conducted with them or installations done by them.
o You have the choice to decide which dealer you prefer and you will engage
in a contract with him. Ensure that you have read his terms and conditions
before you engage in business with him.
• GUARANTEES, WARRANTEES AND REFUNDS
o All equipment is properly tested before it leaves the factory.
o No guarantees or warrantees are available as equipment can be damaged by
incorrect installation or wrongful use.
o No refunds will be given once the equipment is used.
o We do not guarantee any products against failure.
o Our prices are kept low and do not include repair costs for
warrantees.
• REPAIRS
o We do offer a repair service.
o No “same day repairs” are available.
o We can test your unit while you wait.
o If the unit is repairable, it will be available for collection the next
day, or it can be exchanged for a repaired or new unit at certain rates while
you wait.
o If damage is extensive, we can do a unit replacement for a repaired or
new unit at certain rates while you wait.
o No repairs will be released until paid in full.
o There are no credit facilities available and payment is only cash or
transfer.