STANDARD TERMS AND CONDITIONS FOR THE CARRYING OUT OF REPAIR / SERVICE / MAINTENANCE OR REPLACEMENT WORK BY BAVARIA MOTOR WORKS ( PTY) Ltd.

These terms and conditions will only apply to the servicing, repairs, replacement, refurbishment or any related activities (the “Work”) that will be carried out on any vehicle(s) or parts, accessories or other items (collectively referred to as the “Goods”).

Key points and definitions:

• Quote Validity: The timeframe within which the quote is considered valid, after which a re-evaluation might be needed and updated prices will have to be obtained from all relevant suppliers.
• Diagnostic Fees: If a diagnostic fee is charged to identify the problem, whether it is refundable if the repair is done at the workshop.
• Parts and Labour Costs: A breakdown of the estimated cost for parts and labor associated with the repair.
• Unforeseen Issues: Any additional issues that are discovered during the repair process that were not initially identified and quoted for, the customer will be notified and given the option to approve further work.
• Parts Warranty: The duration and terms of any warranty provided on replacement parts. Please refer to the warranty clause for additional warranty information.
• Payment Terms: Payment methods accepted and due date for the repair cost.
• Vehicle Collection and Delivery: Details regarding vehicle pick-up and drop-off arrangements.
• Customer Responsibility: The obligation is on the customer to provide accurate information about the vehicle and its issues. Any issues that are known to the customer and not disclosed to Bavaria Motor Works, will not be repaired unless specifically quoted and accepted by the customer. The additional cost will be for the customers account.
• Liability Disclaimer: Limitations on the workshop's liability for any damage to the vehicle during repairs, except in cases of proven negligence. Please refer to vehicle inspection diagram for further information.
• Cancellation Policy: Conditions for cancelling a repair job and potential associated fees.

1. General
1.1 The Customer have removed all items of value from the vehicle which are not required in order to carry out the work when leaving the vehicle on Bavaria Motor Works’ premises. Bavaria Motor Works does not accept liability for any loss or damage to any items left in the vehicle.
1.2 Bavaria Motor Works will take all reasonable steps to take care of the customers vehicle or goods whilst in its possession, however Customer will have to pay for any loss or damage due to circumstances outside of Bavaria Motor Works’ control. The risk of damage or loss of the goods will remain customers’ risk at all times and Bavaria Motor Works will only be held responsible for any loss, directly or indirectly attributable to its gross negligence.

2. Orders / Estimates / Deposits
2.1 Estimates are valid for 7 days from the date given. If instructions are not received from the Customer (in response to an estimate rendered) within 7 days, Bavaria Motor Works may invoice for reasonable storage charges from the date that the vehicle was received until its collection
2.2 All estimates by Bavaria Motor Works are subject to change caused by variations to Bavaria Motor Works of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate Bavaria Motor Works may if it thinks fit require the customer to pay on completion of the work any increase due to such variation.

3. Authorization of Repair Costs
3.1 The Customer warrants that the person affixing his/her signature to this document is duly authorized to approve any Work and the customer shall be bound thereto.
3.2 The Customer understand and agree that he/she is liable for any and all costs not paid by a warranty, motor / maintenance or service plan.
3.3 If the work to be carried out is covered by a warranty, maintenance or service plan of the manufacturer of the vehicle, or any third party, Bavaria Motor Works will obtain the approval of the manufacturer or relevant party if necessary, before it starts any work. If either the manufacturer or the relevant party refuses to pay for the required work or parts, or if the Customer is responsible to pay a portion of the costs, then Bavaria Motor Works will only proceed with the work once the Customer has agreed to pay for it and have specifically authorized Bavaria Motor Works to proceed with the work.
3.4 Bavaria Motor Works will provide Customer with an estimate (including stripping, diagnosing, quoting and reassembling) pertaining to any work which the Customer will personally be liable to pay for, and will obtain the Customers prior approval before carrying out such work. The Customers approval of work to be carried out which the Customer will be liable for may be given electronically and/or digitally and may be carried out by Bavaria Motor Works or any agent or sub-contractor appointed by Bavaria Motor Works.
3.5 In the event that the Customer have authorized work to be carried out as is contemplated in clause 3.4 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.
3.6 If the Customer cancels or fail to authorize the work, then the Customer will be liable to pay for the labour hours that Bavaria Motor Works spent working on the vehicle up to the date on which the Customer gave Bavaria Motor Works notice of such cancellation.
3.7 The Customer has been informed that Bavaria Motor Works does not collect, or arrange for vehicles to be collected.
3.8 Bavaria Motor Works, or any of its designated employees, is entitled and authorized to drive the vehicle on public roads or elsewhere, if required to do so in connection with any inspection, or work, or other purposes for which the vehicle are accepted by Bavaria Motor Works, including, but not limited to, the testing of the vehicle, determining the nature of the work to be carried out, taking the vehicle for body repairs or taking the vehicle to any other third party service provider.
3.9 Bavaria Motor Works will carry out the Work as soon as is reasonably possible (bearing in mind that the Bavaria Motor Works relies on the availability of parts and accessories). Any dates given for delivery and completion of the Work are estimates only and no exact delivery date or time has been agreed.
3.10 Customer acknowledge that the costs of the Work done by Bavaria Motor Works or its agent or sub- contractors or parts supplied by such entities may increase and the customer agrees to pay the costs of such work or parts, subject to my receiving notice and approving such increases before work commences.

4. Delivery / Completion
4.1 Every endeavor will be made to provide the Goods and/or Services by the estimated time, but Bavaria Motor Works shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.
4.2 If Bavaria Motor Works performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, Bavaria Motor Works shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

5. Payment Terms
5.1 The Customer understands that his/her Vehicle will only be released to him/her or their authorized representative once they have paid Bavaria Motor Works’ account in full.
5.2 The work is completed for the purposes of these terms and conditions when the customer have received notice from Bavaria Motor Works that his/her vehicle is ready for collection.
5.3 The Customer understand that Bavaria Motor Works requires a deposit before commencing the Work.
5.4 If Bavaria Motor Works informs the Customer that the vehicle is ready for collection and the Customer does not collect the vehicle within 3 (three) business days of being notified, Bavaria Motor Works may charge 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.
In addition to the storage costs, the customer confirm and acknowledge Bavaria Motor Works is entitled to dispose of the customers vehicle in any manner that Bavaria Motor Works deems fit (with or without a Court Order) for the purposes of recovering any amount due to the Bavaria Motor Works for which the Customer is liable and accordingly indemnify Bavaria Motor Works against any claims of whatsoever nature that maybe brought against Bavaria Motor Works now or in the future by the Customer or my successors in title, or beneficiaries or any other third party.

6. Warranties:
6.1 Manufacturer's warranty: Covers malfunctions or failures caused by faulty parts. For example, if a part installed by the manufacturer is faulty, the manufacturer will replace it. However, the warranty may be void if installation guidelines aren't followed. The manufacturers warranty will be dependent on the parts supplied and the manufacturers warranty. In the event that a manufacturer warranty is applicable, same will be provided on request and will be obtained from the manufacturer of the part.
6.2 Labor warranty: Covers workmanship or installation and carries a labor warranty of 3 months after date of installation.
6.3 Any applicable warranty will:
6.3.1 be void if the Customer does not strictly comply with the terms and conditions of such warranty;
6.3.2 not apply to ordinary wear and tear and normal usage of the vehicle; and
6.3.3 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 license of the authorized South African Distributor) or pirate (counterfeit) parts.

7 General Terms and Conditions
7.1 Any change to the terms and conditions of this agreement will only be valid if it is made in writing and signed by both Bavaria Motor Works and the Customer.
7.2 No granting of any leeway or the granting of any extension of time will be a waiver of any rights under this agreement or a change in the terms of this agreement.
7.3 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).
7.4 For the purpose of service of any legal documents or notices in terms of this quote the parties choose the addresses as indicated on the “job card” as his/her domicilium citandi et executandi for delivery or service of any legal documents or notices. Any notice can be delivered by hand at such address or by courier to such address or email to my nominated email address, and will be regarded as having been received by the party to whom it was so addressed.
7.5 If a party is in breach of this Agreement, the innocent party will have the right to recover all legal costs and disbursements on an attorney-and-client scale.
7.6 Bavaria Motor Works will have a general right to retain the Goods and all its contents (a general right to keep the vehicle as security) for all monies owing to Bavaria Motor Works by the customer on any account whatsoever. Bavaria Motor Works shall have a general lien on all of the Customer’s vehicles
and all of their contents for all monies owing to Bavaria Motor Works by the Customer on any account whatsoever. Bavaria Motor Works shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.
7.7 If the Customer’s indebtedness to Bavaria Motor Works is not satisfied within three months from the date of the first invoice to the Customer, Bavaria Motor Works may without notice sell any vehicle owned by the Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to Bavaria Motor Works, and any balance shall be paid by Bavaria Motor Works to the Customer on demand
7.8 All parts removed by Bavaria Motor Works in the course of the repair shall, if not claimed by the Customer within 5 days after the completion of the repair be deemed to be owned by Bavaria Motor Works and they shall become the Bavaria Motor Works’ absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
7.9 Any amount indicated on any invoice issued to customer by Bavaria Motor Works will be regarded as a liquidated amount (a fixed amount or an amount that is easily determinable) and any such amount will be regarded as correct and due, owing and payable, by Customer to Bavaria Motor Works