Terms & Conditions
1. Introduction and Acceptance of Terms
1.1. The Agreement: These Terms and Conditions of Service (“Agreement”) govern the provision of all repair, maintenance, and diagnostic services (“the Services”) and the supply of all parts and materials (“the Parts”) by Total Motor Care (“the Supplier,” “We,” “Us”) to the customer (“the Customer,” “You”). 1.2. Acceptance: By signing the job card, approving an estimate (verbally, electronically, or in writing), or dropping off your vehicle, you acknowledge and agree to be bound by these terms. 1.3. Compliance: The Supplier is a proud member of the Motor Industry Workshop Association (MIWA), an affiliate of the Retail Motor Industry Organisation (RMI), and adheres to the RMI/MIWA Consumer Code of Conduct and the South African Consumer Protection Act (CPA).
2. Estimates, Authorisation, and Pricing
2.1. Estimates: We will provide a written estimate for the anticipated cost of the Services and Parts before commencing any major work, as required by the CPA. 2.2. Authorisation: Work will only proceed upon Your express written, electronic, or verbal authorisation of the initial estimate. 2.3. Additional Work: If, during the execution of the Services, additional work or Parts are found to be necessary, We will contact You for specific pre-authorisation of the revised cost and scope of work. The Supplier will not proceed with any additional work without Your express consent. 2.4. Cancellation: You have the right to cancel the Services at any time. However, You will be liable for the reasonable costs incurred up to the time of cancellation, including: * Labour for work already completed. * The cost of any Parts and materials already fitted or specially ordered for Your vehicle. * A reasonable re-assembly fee if the vehicle was disassembled for diagnostic purposes. 2.5. Pricing: Estimates are subject to fluctuation based on the actual costs of Parts and materials supplied at the time of purchase. Final invoicing will reflect the actual costs, which will not deviate significantly from the authorised estimate without further consultation.
3. Execution of Services and Parts
3.1. Standard of Workmanship: All Services will be performed with the professional skill and workmanship reasonably expected from a qualified, MIWA-approved service provider. 3.2. Parts Used: We strive to use high-quality, reliable Parts. Unless otherwise agreed, Parts supplied will meet or exceed Original Equipment Manufacturer (OEM) specifications. In line with Competition Commission guidelines, You have the right to request the use of non-original (aftermarket) parts; however, We will advise You if this choice poses any risk to the quality of the repair or maintenance. 3.3. Vehicle Testing: You authorise Us and Our designated employees to drive the vehicle on the road, in the workshop, or on the property for the purpose of testing, inspection, and moving the vehicle necessary to perform the Services. 3.4. Completion Time: Any time or date given for the completion of the Services is an estimate only. While every effort will be made to adhere to the schedule, We shall not be liable for any reasonable delay resulting from the late delivery of Parts, unforeseen complications, or other events beyond Our control.
4. Warranties and Liability
4.1. Warranty on Workmanship (RMI/MIWA Standard): We warrant all workmanship supplied in the course of the Services to be free from defects for a period of [Insert Your Warranty Period – e.g., 6 months or 10,000 km, whichever comes first], unless otherwise specified in writing. 4.2. Warranty on Parts (CPA Requirement): In accordance with the CPA, all new or reconditioned Parts installed carry a warranty for a minimum period of three (3) months from the date of fitment, or such longer period as prescribed by the Part manufacturer. 4.3. Exclusions: The warranty on Parts and workmanship shall be immediately void if the fault, damage, or failure is caused by: * Misuse, abuse, negligence, or accidental damage. * The vehicle being worked on, altered, or opened by any party other than Total Motor Care following the initial repair. * Failure to adhere to the manufacturer’s recommended operating procedures. * Normal wear and tear. 4.4. Loss and Damage: The Supplier will not be liable for the loss of, or damage to, valuable or personal items left in the vehicle. The risk of damage or loss to the vehicle itself remains with the Customer after delivery, but the Supplier will be responsible for any loss directly attributable to Our gross negligence or wilful misconduct.
5. Payment, Collection, and Lien
5.1. Payment Due: Payment for the Services and Parts is due in full upon completion of the work and prior to the collection of the vehicle. We accept [List accepted payment methods: e.g., Cash, EFT, Credit/Debit Card]. 5.2. Collection: The Customer will be notified when the vehicle is ready for collection and must collect the vehicle as soon as reasonably possible, but no later than five (5) business days after notification. 5.3. Storage Fee: If the vehicle is not collected within the five-business-day period, the Supplier reserves the right to charge a reasonable daily storage fee of [Insert Daily Fee, e.g., R50.00 or R100.00]. 5.4. Repairer’s Lien: The Customer hereby grants the Supplier a Repairer’s Lien (right to keep possession) over the vehicle and all its contents until the full amount owing for the Services and Parts has been paid.
6. Complaints and Dispute Resolution
6.1. Internal Complaint Process: Should You be dissatisfied with the Services, You must notify Us immediately in writing. We commit to investigating and resolving any complaint amicably and fairly within a reasonable timeframe. 6.2. MIWA/RMI Dispute Resolution: If a dispute cannot be resolved directly with the Supplier, the Customer has the right to refer the matter to the Motor Industry Ombudsman of South Africa (MIOSA) or the RMI Dispute Resolution Process, as We are an accredited member. * MIOSA Contact Information: [Provide generic MIOSA contact details or website link for reference].
7. Privacy and Data Protection
7.1. Personal Information: We collect and process Your personal information (including name, contact details, vehicle registration, and VIN) in accordance with the Protection of Personal Information Act (POPIA) for the sole purposes of providing the Services, invoicing, warranty tracking, and communicating with You regarding Your vehicle. 7.2. Marketing: We will only use Your contact information for direct marketing purposes (e.g., service reminders, special offers) if You have given Your express consent, and You may opt out at any time.