Standard Terms and Conditions
Introduction
Bell's Coach Works CC ("the corporation") shall provide Panel beating and repair services to the vehicles of customers referred to it by various insurance companies. The customer agrees to abide by all the below stated terms and conditions ("the terms and conditions").
Authorisation
The authorisation date of services to be rendered shall be the date upon which the relevant insurance company authorises the services to be undertaken by the corporation and after acceptance of the quotation/ estimate by the client or such person legally acting on behalf of the client.
Quotation/ Estimate
The customer requesting such quotation/ estimates ("the quote") or making such booking or to whom any service is rendered, is deemed to have read and accepted the terms and conditions and to have the authority to do so on behalf of the person in whose name the quotation/ estimate or reservation is requested and/or provided and/or the person to whom the services are rendered.
The quote and time periods are estimates only and may be subject to variation and as such are not binding on the corporation. However the corporation shall do its utmost to complete the repairs within the estimated time. All quotes are subject to the availability of the relevant products and parts, and the prices for these parts or products quoted are strictly subject to any price increases from the corporation's suppliers. The corporation hereby agrees to be bound by a quote for a period of 14 (fourteen) days only from the date of issue.
Payment terms
The customers are responsible for the payment of any excess due upon acceptance of his/her vehicle.
Any vehicle brought to the corporation for repairs may serve as security for the due payment of the repair work undertaken. In this regard, the corporation shall have a lien over the vehicles on its premises until full payment of all amounts and insurance excesses owing to the corporation in respect of the services provided by it to the customer is made by the customer and at the companies discretion as such amounts are reflected as having been received by the corporation in its bank account and available to the corporation. Only upon the reflection of such amounts as being cleared in the corporation's bank account shall the vehicle be released.
The customer has no right to withhold excess payment to the corporation in respect of the services provided by it to the customer for any reason whatsoever.
Unseen damage to the vehicle
If the damaged vehicles upon later inspection by the corporation appears to have hidden or mechanical damage, the corporation may contract external mechanics or dealerships ("the service providers") to fix the internal or mechanical damage. The corporation has the sole discretion to decide whether and who to contract, in this regard. All costs incurred by the service providers shall be for the account of the customer and the corporation provides no warranty with respect to work done by such service providers. The corporation will, however, provide its customers with an indication of the costs and other amounts which the service providers have indicated will be charged to the client and the client will be able to request that such mechanical or internal repairs not be effected and make its own arrangements to have same repaired.
Rental
If the customer decides to rent a vehicle while the corporation is repairing their damaged vehicle, the customer shall be responsible for the hiring costs of the rental vehicle and the corporation shall not be liable for any costs related thereto.
Cancellation
Any repair service is subject to cancellation by the corporation due to force majeure from any cause beyond the control of the corporation, including (without restricting) inability to secure labour, power, materials or supplies or by reason of an act of God, war, civil disturbance, riot, state of emergency, lockout, or other labour disputes, fire, flood, drought or legislation.
Return of Parts
The corporation reserves the right to return parts two weeks after the clients book in date has elapsed.
Limitation of liability
Under no circumstances will the corporation be liable for any consequential damages or for any delictual liability of any nature whatsoever nature.
General
The customer agrees that in the event of legal proceedings being instituted against him/her by the corporation, the customer shall be responsible for the payment of costs on the attorney and client scale arising out of such proceedings and which are incurred by the corporation.
Governing law
These terms and conditions shall be governed by the laws of the Republic of South Africa.
General
These terms and conditions constitute the entire agreement between the customer and the corporation.
No variation of these terms and conditions shall be valid unless it is in writing and signed by or on behalf of the customer and the corporation.