Terms and Conditions
Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using www.carhifi.co.za / www.carhifispecialists.co.za website (“website”, “service”) operated by LINCHA 4 CC t/a CAR HI-FI SPECIALISTS (AUTHORISED SERVICE CENTRE) herein after referred to as (“us”, ‘we”, “our”, “Car-Hi-Fi Specialists”, ”ASR”).
By using this website and or the service/ products (herein after referred to us “Work”) you, herein after referred to as (“user”, “you”, “your” “customer”, “viewer”) certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grant use and access of this website, its products, and its services to those who have accepted its terms.
Privacy policy
Before you continue using our website, we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. We assume no responsibility for liabilities related to age misrepresentation.
Intellectual property
You agree that all materials, products, and services provided on this website are the property of Car-Hi-Fi Specialists, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the [name]’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant Car-Hi-Fi Specialists a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
User accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
Applicable law
By visiting this website, you agree that the laws of South Africa, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between “Car-Hi-Fi Specialists” and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court [location] and you consent to exclusive jurisdiction and venue of such courts.
Indemnification
You agree to indemnify Car-Hi-Fi Specialists and its affiliates and hold Car-Hi-Fi Specialists harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on liability
Car-Hi-Fi Specialists is not liable for any damages that may occur to you as a result of your misuse of our website.
We reserve the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between Car-Hi-Fi Specialists and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
General terms upon leaving your vehicle with us:
You will be advised to remove all items of value from the vehicle which are not required in order to carry out the work when leaving the vehicle on the ASR’s premises. The ASR does not accept liability for any loss or damage to any item left in the vehicle.
The ASR will take all reasonable steps to take care of your vehicle or goods whilst in its possession, however you will have to pay for any loss or damage due to circumstances outside of the ASR’s control. The risk of damage or loss of the goods will remain your risk at all times and the ASR will only be held responsible for any loss, directly or indirectly attributable to its gross negligence.
You acknowledge that you have no obligation to be provided with a courtesy vehicle. However if we agree to do so as a gesture of goodwill, the provision and use of the courtesy vehicle will be subject to availability of vehicles and on the terms and conditions we determine.
You acknowledge that we will collect your personal information for the purpose of conducting the work and consent to us using your personal information for marketing goods or service to us; storing your personal information or transferring it to third parties and using my personal information for any other purpose related to the Work.
Authorisation of Repair Cost:
You understand and agree that you are liable for any and all cost not paid by either warranty, motor-or service-plan.
If the Work to be carried out is covered by a warranty, maintenance or service plan of the manufacturer of the supplier, or any third party, the ASR will obtain the approval of the manufacturer or relevant party if necessary, before it starts any Work. If the manufacturer, supplier or the relevant party refuses to pay for the required Work once you have agreed to pay for it and have specifically authorised the ASR to proceed with the Work.
The ASR will provide you with an estimation pertaining to any Work which you will personally be liable to pay for, and will obtain your prior approval before carrying out such Work.
In the event that you have authorised Work to be carried out as is contemplated in clause above, such additional Work will be subject to all these terms and conditions and will not be deemed to constitute a new or separate contract.
If you cancel the Work, then you will be liable to pay for the labour hours that the ASR spent working on the vehicle up to the date on which you gave the ASR notice of such cancellation.
You have been informed that the ASR does not collect, or arrange for vehicles to be collected, and you are therefore required to deliver the vehicle to the premises of the ASR for the Work to be carried out and must ensure that the vehicle is, and will remain, available to the ASR during the normal working hours.
Any part of the Work to be carried out in terms of the estimation may be carried out by the ASR or any agent or Sub-contractor appointed by the ASR.
The ASR, or any of its designated employees, is entitled and authorised to drive the vehicle on public roads or elsewhere, if required to so in connection with any inspection, or Work, or other purposes for which the vehicle are accepted by the ASR, including, but not limited to, the testing of the vehicle, determining the nature of the Work to be carried out, talking the vehicle to any other third party service provider as referred to under paragraph above.
The ASR will carry out the work as soon as is reasonably possible (bearing in mind that the ASR relies on the availability of parts and accessories.) Any dates given for delivery and completion of the Work are estimates only and on exact delivery date or time has been agreed.
You acknowledge that the costs of the Work done by the ASR or its agent or sub-contractors or products supplied by such entities may increase and you agree to pay the costs of such Work or parts, subject to my receiving notice and approving such increases before work commences.
Payment Terms:
The full authorised costs of the Work will be paid by you on completion of the Work.
The Work is completed for the purposes of these terms and conditions when you have received notice from the ASR that your vehicle is ready for collection.
Although payment for the Work is only due on completion of the Work the ASR may within its discretion demand a deposit before commencing the Work or, in the course of carrying out any Work.
When the ASR informs you that the vehicle is ready for collection and you don’t collect the vehicle within 3 (three) business days of being notified, the ASR may charge you storage fees calculated from the notification date until the date of collection at a rate of R250.00 (two hundred and fifty rand) per day.
The price relating to any work done, or parts or components supplied, in relation to the goods, by the order of any employee in my employ, or by any person who is reasonably believed to be acting as your agent, or by the order of any person to whom the ASR is entitled to make delivery of the goods, shall be paid for you.
Warranties:
You have been informed that the ASR only uses genuine parts in carrying out the Work and warrants any new or reconditioned part installed during the Work and the labour required for the installation thereof, for a period of 3 (three) months after the date of such installation;
Any applicable warranty will; be void if I do not strictly comply with the terms and conditions of such warranty; not apply to ordinary wear and tear and normal usage of the vehicle; and be void if the vehicle or the parts have been subjected to misuse or abuse or have been equipped with grey (i.e parts marketed and/or distributed that has a trade-mark but have been imported without the express approval or licence of the authorised South African Distributor) or pirate (counterfeit) parts.
The ASR will return all parts and accessories removed by it in the course of carrying out the Work, to you, unless you decline or the parts and accessories removed form the subject of a warranty or insurance claim.
Any electrical or electronic products purchased from us, but not installed by us, will forfeit its 1 (one) year warranty.
General Terms and Conditions:
Any changes to the terms and conditions of this agreement will only be valid if it is made in writing and signed by both of us.
No granting of any leeway or the granting of any extension of time will be a waiver of any rights under this agreement or change in the terms of the agreement.
If any clause in this agreement is found to be unenforceable, such clause will be separated from this agreement, and this will not affect the enforceability of the remainder of the agreement (i.e. this Agreement will be read as if the unenforceable clause never formed part of this Agreement).
For the purpose of service of any legal documents or notice in terms of this agreement the parties choose the addresses on the face of this agreement for delivery or service of any legal documents or notices in terms hereof. Any notice to so be given can be delivered by hand such address or may be forwarded by registered mail to such address and will be regarded as having been received by the party to whom it was addressed, seven (7) days after it had so been posted.
If a party is in breach of this Agreement, the innocent party will have the right to recover all legal costs and disbarments on an attorney-and-client scale.
The ASR will have a general right to retain the vehicle and all its contents (a general right to keep the vehicle as security) for all monies owing to the ASR by me on any account whatsoever.
