TERMS & CONDITIONS

1. DEFINITION & INTERPRETATION

1 .1 In the following terms and conditions; unless the context otherwise requires the following expressions have the following meanings:

Consumer- An individual who receives any of the services for his / her personal use and not for any business, trade, craft or profession carried on by him/ her or any other person organisation ( as defined by the consumer Rights Act 2015 or any amendment of that Act)

Customer- A customer of J.S.I Auto Dynasty (PTY) Ltd who requires its services who is not acting as a consumer.

Estimate- An estimate of the approximately price of the work.

Workshop-J.S.I Auto Dynasty (PTY) Ltd 1238 Mia street Actonville Benoni 1502

Company registration number: 2020/047856/07.

Invoice- A final invoice giving the Total price of the work including parts, labour and any additional charges.

Price-The Vat exclusive fee payable for the work including parts, labour and any additional charges.

Services- Any type of repair or maintenance of vehicles.

Total price- The price plus any Vat chargeable on the price in addition.

Website- www.jsiautodynasty.co.za

Work- The particular services that we agree to provide you.

1.2 Unless the context otherwise requires each reference in the following terms & conditions to :

1 .2.1 "Writing" and any cognate expression includes a reference to any communication effected by electronic or facsimile transmission or simpler means.

.2.2- A statute or a provision of a statute is a reference to that statute or provision as amended or re- enacted at the relevant time.

1.2.3- "These terms & conditions " is a reference to a clause of these Terms & conditions as amended or supplemental at the relevant time.

1.2.4- A clause or paragraph is a reference to a clause of these

Terms & conditions and;

1 .2.5- A " party" or the "parties" refer to the parties to these Terms & conditions.

The headings used in these Terms & conditions are for convenience only and will not affect the interpretation of these terms & conditions.

Words signifying the singular shall include the plural and vice versa and ;

References to any gender shall include the other gender.

Booking

2.1. You may request a booking for any work ( subject to our confirmation of booking) in person , telephonically or by way of our website or any form of writing;

2.2. When you request a booking, you must give us the following information:

2.2.1. Your contact details including your address, telephone number and email address ( If any)

2.2.2. What work you require done;

2.2.3. The make,model, year and vin number of the vehicle. 2.2.4. Details of any warranties covering the vehicle.

2.3. We will let you have an estimate verbally or by email based on the details you provide.

2.4. If you agree to the estimate, we shall confirm the booking to you and carry out the work as close as possible to the date you originally requested as circumstances allow. There will only be a binding contract between us once booking has been confirmed.

2.5. You may accept an Estimate in person, by email or telephonically.

Payment and Invoices

3.1. We may require a deposit before we start the work. must be paid within 7 days of request.

3.2. From the point at which work on the vehicle begins we shall have the right to keep the vehicle until you have made payment in full of all sums due from you;

3.3. Following our completion of work, we shall issue an invoice to you.

3.4. The invoice will provide a comprehensive summary of all of the work done and will provide full details of all parts and labour including the price payable for it with the Vat element payable on it shown separately.

3.5. Where the work relates to a vehicle the invoice will show the mileage of the vehicle and will refer to the warranty set out in Clause 8;

3.6. All sums due will be payable within 30 days of the date of the relevant invoice ( due payment time)

3.7. In addition to our rights under clause 3.2 ; if you do not pay all sums due within the due payment time, we will have the right to serve you a final notice requiring immediate payment( final notice) and if you do not pay the sums then due within 7 days of final notice, we shall have the right to sell the vehicle at your expense without having to give you any further notice;

3.8. We shall be entitled to charge interest on any outstanding amount due from you from the date that payment was due until the date payment is actually made to be calculated daily basis at 15% of the work.

4.1 . We will tell you before we begin the work how much time we think will be needed to carry out the completion of work.

4.2. If we require parts to carry out the work and these are not available at the we have agreed to start work then we shall inform you of this, when we expect the parts to be available and will revise our estimate as to when we expect to complete the work.

4.3. If we cannot carry out and complete the work due to non availability of parts or a delay in the delivery, we will let you know and you may then either make arrangements to rebook the work once we advice when availability of parts is in accordance or cancel the work in accordance with your rights set out in Clause 8.

4.4. If we find during the course of the work that we need to use additional parts and / or labour, we will only order the additional parts or carry out the additional work if you have first authorized us to do so. We will give you a revised estimate of the cost of the additional parts and any labour with the amount of the time we will need to complete the additional work.

4.5. If we replace any parts, we will make the original parts available to you to view and examine up to and including the time that you collect your vehicle. You may only remove those parts from the Workshop if you agree to dispose of them in an environmentally responsible manner. If you do not wish inspect and / or remove the parts, we shall dispose of it after you collect your vehicle.

4.6. We shall use reasonable endeavors to ensure that we take good care of your vehicle. We require you to remove all of your possessions from the vehicle before we start the work and will not accept responsibility for the loss of any possessions within the vehicle that you do not remove.

Vehicle warranties

5.1 . In the case of a vehicle, if it covered by a manufacturer new vehicle warranty anti- perforation warranty at the time the work is carried out , we shall carry out all the work in a way that adheres to the terms of those warranties and the manufacturer specifications and documentation, using original or manufacturer's authorized parts.

5.2. If our compliance with Clause 6.1 causes us additional cost, we will tell you of alternatives ( including, but not limited to, the voiding of the manufacturer's of warranties.) The decision as to whether or not we will follow any such alternative shall be your decision alone.

5.3. We shall not be responsible or liable for any failure to comply with any warranties where you have not told us of those warranties.

Sub- Contracting.

6.1. We may sub- contract any of our obligations under these Terms & conditions as long as we ensure that any subcontractor we use is reasonably skilled in the relevant practices that we do not pass on to you any additional charges without your prior consent.

Insurance, Damage and liability

7.1 .we shall at all times have in place suitable and valid insurance, including public liability insurance.

7.2. We shall not be liable to you for any loss or damage you suffer due to failure to follow our or the manufacturers instructions.

7.3.We will not be liable to you for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control.

7.4. Nothing in these Terms & conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence ( including that of our employees, agents or sub- contractors) or for fraud or fraudulent misrepresentation.

Warranty and Guarantee

8.1 . We warrant the workmanship from the date of invoice for a warranty period of 6 months or 10 000km which ever comes first.

8.2. Any or all electrical parts holds no warranty and/ or guarantee.

8.3. We will be entitled to void the warranty if you do not provide us with satisfactory evidence of the km of the vehicle and if parts have been tempered with.

8.4. We will be entitled to void any warranty that we give if the vehicle is used for anything other than normal purposes ( unless we explicitly tell you otherwise.)

8.4.1. Participating in racing or other competitions of any kind.

8.4.2. Participating in speed testing or time trials.

8.4.3. Use in a way which does not conform with manufacturers recommendations, or

8.4.4. Failure to service or otherwise carry out maintenance in accordance with the manufacturers recommendations.

8.5. Where a breach of warranty arises, you should notify us as you become aware of the same and you arrange to return the vehicle to us at your own expense so that we can examine and comply with the terms of the warranty.

8.6. The warranty is personal to you and is not transferrable.

Cancellation

9.1. If under sub- clause 9.2 you cancel any work booked and you have paid any deposit or payment under clause 7.1 we will deduct this from any sum you owe us under any part of this Clause 9 and refund you any surplus.

9.2. If you cancel the work after we have started it, you must pay for labour and for parts that were used and for parts that were not used but were ordered and which in our reasonable judgement, we are unlikely able to use or sell within 6 months. We will charge you for the labour at the same hourly rate we used to the price. Clause 3 shall apply to the payment any such invoice.

9.3. The parts we have ordered but not used by the time you cancel will remain our property. We may use or dispose of them as we see fit without accounting to you for their cost where we have charged you for them under clause 9.2.

9.4. Once you have paid all outstanding amounts , you will be able to collect or arrange collection of vehicle within 7 days. If your vehicle remains on our premises beyond the stipulated period, a storage rate of R1000 per day is charged to you. We will not release your vehicle until the full amount including storage has been settled.

Changes to Terms & conditions.

10.1. We may from time to time change these Terms & conditions without giving you notice , but we will use our reasonable endeavors to inform you soon as is reasonably possible of any such change.

No waiver.

11. No failure or delay by you or us in exercising any rights under these Terms and conditions means that you or us have waived that right and no waiver by you or us of a breach of any provision of these Terms and conditions means that you or us will waive any subsequent breach of the same or any other provisions.

 Severance.

12. If any provision of these Terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and conditions and the remainder of the provision in question not be affected.

Third party rights

13.1. No part of the contact between you and us is intended to confer rights on any third parties and accordingly the contracts( rights of third person) Act 1999 shall not apply to the contract.

13.2. Subject to this clause 1 3.1 the contract between you and us shall continue and be binding on the transference, successors and assigns of either party as required.

Entire agreement

14.1. The documents compromising the contract between you and us contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorized ( Directors) representations of the parties.

14.2. You and us acknowledge that in entering into the contract neither you nor us give any warranty or rely on any representation, warranty or other terms implied by statute or common law are excluded to the fullest extend permitted by law.

Law and jurisdiction.

1 5.1 . These Terms and conditions and the relationship between you and us ( whether contractual or otherwise) shall be governed by , and constructed in accordance with South African law.

15.2. Any dispute, controversy, proceedings or claim between you and us relating to these Terms and conditions ( whether contractual or otherwise) shall be subjected to the jurisdiction of the courts of Benoni and Boksburg.