T’s & C’s

IMPORTANT NOTICE: These terms and conditions govern all Rebuilds, Services, Repairs, and the supply of Parts by SA Land Rover Hub (Pty) Ltd (the “Company”) to the Customer. By engaging the Company for any work or purchasing any parts, the Customer acknowledges and agrees to be bound by these Terms.

Definitions and Interpretation

1.1. “Company” refers to SA Land Rover Hub (Pty) Ltd, providing the services and parts detailed herein.

1.2. “Customer” refers to the individual, firm, or corporation contracting with the Company for the supply of Goods and/or Services.

1.3. “Services” refers collectively to all work performed by the Company, including Repairs, Rebuilds, maintenance, and technical consulting.

1.4. “Repairs” refers to fault diagnosis and remedial work to restore the functionality of the Customer’s Vehicle.

1.5. “Rebuilds” refers to comprehensive refurbishment, overhaul, or reconstruction of the Customer’s Vehicle or assemblies, which may include Parts replacement.

1.6. “Parts” or “Goods” refers to all components, materials, or equipment supplied by the Company, whether sold separately or incorporated during Services.

1.7. “Vehicle” refers to the Customer’s vehicle (such as a Land Rover) that is the subject of the Services.

Applicability and Acceptance

2.1. These Terms and Conditions shall prevail over any inconsistent terms or conditions referred to in the Customer’s order or correspondence, unless expressly agreed upon in writing by a director of the Company.

2.2. A contract for the supply of Goods and/or Services shall be deemed to be concluded when the Customer accepts the Company’s quotation or estimate, or when the Company commences work on the Vehicle, whichever occurs first.

2.3. All quotations and estimates provided by the Company are valid for 7  days unless otherwise specified.

Service and Rebuild Execution

3.1. Estimates and Authorization:

a. All prices and timelines provided prior to commencement are estimates only, based on preliminary inspection or information provided by the Customer.

b. The Company will obtain the Customer’s explicit authorization (written or verbal) if the estimated cost of Repairs or Rebuilds is expected to exceed the original quoted amount by more than 15%.

c. If the Customer declines authorization for necessary additional work, the Company reserves the right to stop Services and invoice the Customer for all diagnosis time, Parts ordered, and work completed up to that point.

3.2. Workmanship and Timing:

a. The Company will perform all Services using reasonable skill, care, and qualified personnel.

b. Any completion or delivery dates provided are estimates only. The Company shall not be liable for any loss or damage arising solely from a delay in completion.

3.3. Unfeasible Repairs:

a. If, after commencing work, the Company determines that the Repair of any mechanical part or Rebuild is technically unfeasible or too costly, the Customer shall be charged for all diagnostic time and Parts used or ordered.

4. Parts Supply

4.1. Parts Accuracy and Refunds & Responsibility for Part Identification

The onus rests entirely on the Customer to ensure the accuracy of all requested Parts and to provide sufficient information (including Vehicle Identification Number – VIN, part numbers, or descriptions) to enable The Company to fulfil the order correctly.

4.2. Liability for Incorrect Parts Ordered

Should the Customer receive Parts that were correctly supplied by The Company according to the Customer’s initial instruction, but which are subsequently deemed incorrect due to the Customer’s misidentification or failure to supply adequate information (e.g., images for verification), the Customer shall not be entitled to a refund.

4.3. Refund and Credit Policy

No Refunds: Strictly no refunds will be issued for used or electrical parts, or for any parts supplied correctly as per the Customer’s instruction (as per Clause 4.2).

Issuance of Credit: In the event that The Company, at its sole discretion, deems a refund or return permissible, a Credit Note will be issued. No cash refunds will be provided unless explicitly required by the Consumer Protection Act 68 of 2008 for defective goods (CPA Sections 55 and 56).

Restocking Fee: Any discretionary return of incorrectly ordered parts agreed upon by The Company will be subject to a 25% restocking fee, as outlined in Clause 5.2 of the main Terms and Conditions.

Title and Risk: Ownership of any Parts supplied remains with the Company and only transfers to the Customer once the Company receives full, cleared payment for those Parts and any associated Services. Risk of loss or damage to the Parts passes to the Customer upon collection or delivery.

4.5. Returns: Parts supplied correctly per the order may be subject to a restocking fee upon return. Special Order or bespoke Parts are non-refundable and non-returnable. Parts must be returned unused, in their original, undamaged packaging, within 7 days of supply.

4.6. Core Units (Rebuilds): If the Services involve an exchange or remanufactured unit, the Customer must return the corresponding defective core unit within 7 days. Failure to return the core unit, or return of a core unit that is damaged beyond economical repair, will result in an additional charge to the Customer equivalent to the core deposit or full price of the exchange unit.

Pricing and Payment 

5.1. Invoicing: The Company will invoice the Customer upon completion of the Services or delivery of the Parts.

5.2. Payment Terms: Payment is due in full immediately upon receipt of the invoice, unless otherwise agreed in writing. For large jobs, the Company may require an advance deposit or interim payments.

5.3. Late Payment: If payment is not received by the due date, the Company reserves the right to charge storage fees.

5.4. Cancellation Fee: If the Customer cancels an authorized Repair, Rebuild, or Service after accepting the Company, the Company reserves the right to charge a cancellation fee equivalent to 25% of the total quoted price, in addition to costs for all diagnosis time, work performed, and Parts used up to the point of cancellation.

5.5. Storage Fees: Once the Services are completed and the Customer has been notified, the Customer must collect the Vehicle within 3 business days. If the Vehicle is not collected within this period, the Company reserves the right to charge a daily storage fee of R450 (or similar market-related amount) until the outstanding storage fees is paid in full and then the vehicle will only be released.

5.6. Lien: The Company shall hold a professional lien (a legal right to keep possession) on the Customer’s Vehicle and any other property in the Company’s possession until all outstanding amounts (including Service costs, Parts, Late Payment fees, and Storage Fees) are paid in full. If the Vehicle remains uncollected or unpaid for 14 days after notification of completion, the Company reserves the right to sell the Vehicle to recover the outstanding charges and reasonable storage fees.

Project Suspension Initiated by Customer

6.1 Definition of Hold: A Customer-Initiated Hold occurs when the Customer formally instructs the Company in writing to suspend all or a substantial portion of the work, for reasons not attributable to the Company, for a period exceeding five (5) consecutive business days.

6.2 Payment for Work Completed: Upon receipt of the written instruction to place the Project on hold, the Company will immediately invoice the Customer, and the Customer shall be liable for prompt payment of:

a) When project has been approved and scheduled.   

b) All Services satisfactorily performed and accepted up to the date of the Hold Notice.

c) All non-cancellable commitments and expenses already incurred (e.g., procurement of materials, administration fees, third-party contractor costs, licensing fees) for the remainder of the Project.

6.3 Resource Reservation & Suspension Fee: If the Project Hold exceeds five (5) consecutive business days, the Customer will be charged a Project Suspension Fee of 15% for the duration of the hold if not exceeded by 30 days.    This fee is a reasonable pre-estimate of the Company loss incurred due to the necessity of reserving resources, maintaining project access, administrative management of the hold, and the loss of opportunity to accept other client work during the reserved period.

6.4 Resumption and Revision of Timeline/Scope: The duration of the Project Hold shall constitute a concurrent extension to the original Project Completion Date. Upon termination of the Hold, the Company will make reasonable efforts to resume the Services promptly. However, the Project will be re-slotted into the Company existing workload, and a revised Project Timeline and Completion Date will be mutually agreed upon and documented via a formal change order.

6.5 Pricing Review: If the Project Hold extends for a continuous period exceeding thirty (30) calendar days, the Company reserves the right to review and adjust the fees for the remaining Project scope. The Customer must formally accept the revised fee before the resumption of Services to account for factors such as inflation, supplier price increases, or increased resource costs.

6.6 Termination: If the Project Hold extends for a continuous period exceeding thirty (30) calendar days, the Company may, at its sole discretion, treat the Project Hold as a full Customer Cancellation of the remaining scope of work by providing written notice to the Customer. In this event, the terms of the ‘Termination by Customer’ clause (if applicable) shall be invoked, and the Project Suspension Fees shall remain due and payable up to the date of termination as well as storage fees.

Warranty and Liability

7.1 Services Warranty: The Company warrants that all performed work shall be free from defects in workmanship.

7.2. Parts Warranty: NO warranty on used or electrical parts unless otherwise specified.

7.3. Exclusions (When Warranty is Void): The warranty is void if the defect is caused by:
a. Misuse, neglect, accidental damage, or improper operation of the Vehicle after the Services are completed.
b. Failure by the Customer to follow recommended maintenance or operating procedures.
c. Defects in parts supplied by the Customer.
d. Any attempted repair, adjustment, or alteration made by a party other than the Company.

7.4. Limitation of Liability (Company’s Responsibility): The Company’s responsibility (liability) for any defect, damage, or loss is strictly limited to the cost of repair or replacement of the defective Goods or re-performing the defective Services. We are not responsible for indirect losses, such as loss of profit, loss of use, or downtime while your Vehicle is out of use.

Customer Obligations

8.1. Information: The Customer must provide the Company with all necessary documentation, accurate descriptions of the defect, and operating history required for the Services.

8.2. Access and Safety (On-Site Work): Where Services are performed at the Customer’s premises, the Customer must ensure the work area is safe, accessible, and compliant with all relevant health and safety regulations, and must provide reasonable access to utilities (power, water) as required.

8.3. Insurance: The Customer is responsible for maintaining adequate insurance coverage for the Vehicle/Parts while it is in the possession of the Company, and the Company’s liability for loss or damage is subject to Clause 7.4.

General Provisions

9.1. Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations if such failure or delay is caused by circumstances beyond its reasonable control (e.g., acts of God, load shedding, war, material shortages, or government action).

9.2. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

9.3. Severability: If any part of these Terms is found to be invalid or unenforceable by a competent court, the rest of the Terms shall remain in full force and effect.