TERMS & CONDITIONS OF REPAIR

Definitions Repairs Warranty Procedure for Work Payment Repairers Lien Liability of Company General Applicable law Signature

1. Definitions

1.1The terms set out in these Conditions of Repair shall apply to the Work the Company or its duly authorised agents provide (whether or not any Work is actually carried out) to repair the customer’s Equipment and any accessories.
1.2In these Ts & Cs, the following words shall, unless otherwise stated or are inconsistent with the context in which they appear, have the following meanings:

1.2.1Agreement means these Terms & Conditions and any variation to or replacement of them.
1.2.2Assessment Checklist means a separate Company document that the Customer shall be required to sign if the Equipment is uplifted from the Site. The Assessment Checklist has its own terms and conditions.
1.2.3Carry-in Item means Equipment, other than 3-phase equipment, owned by or is in lawful possession of the Customer, which can simply be unplugged from a wall socket and capable of being transported in the boot of a medium-sized sedan.
1.2.4Charges means the Company, or its duly authorized agents charges for services rendered in performing the Work and shall also include, but shall not necessarily be limited to, the Call Out Fee, traveling expenses to and from the Site, cost of parts, collection or delivery charges and sundry related expenses ruling at the time the Work is performed.
1.2.5Company means EquiServe Equipment Services (Pty) Ltd, 23 Susan Street, Strijdom Park, Johannesburg.
1.2.6Company Representative shall include the Company’s technician, another representative of the Company, or its duly authorized agent..
1.2.7Call Out Fee means the fee charged by the Company, or its duly authorised agent, for a Company Representative to attend at the Site, which fee shall be levied irrespective of whether or not any Work is performed or not.
1.2.8Customer means the party who warrants that it owns the Equipment or is in lawful possession thereof and is duly authorised to sign these Terms & Conditions.
1.2.9Equipment means any electrical equipment and any of its accessories.
1.2.10Laws mean the laws of the Republic of South Africa.
1.2.11Party/Parties mean the Customer and the Company and their employees, agents, and lawful representatives and where the context requires it the sub-contractors of a Party.
1.2.12Quotation means a written document that the Company will provide to the Customer setting out the Work to be performed and the Charges. The Quotation is provided to the Customer to make certain that he/she/it knows what the Work will cost before accepting the Quotation. The Customer is required to accept the Quotation in writing.
1.2.13Repair’s Lien means the Company’s right to hold the Equipment in its possession or in the possession of its duly authorised agent until such time as the Customer has paid the Charges in full for the Work
1.2.14Singular/Plural & Gender means words importing the masculine gender include the feminine and neuter genders and vice versa; the singular includes the plural and vice versa and natural persons include artificial persons and vice versa.
1.2.15Site means the physical location at which the Customer requires the Work to be performed by the Company.
1.2.16Terms & Conditions, abbreviated as Ts & Cs means these terms and conditions contained herein or any variation to or replacement of them.
1.2.17VAT means value-added tax levied in terms of the Value-Added Tax Act, 89 of 1991, as amended.
1.2.18Work means the repair work performed by the Company or its duly authorized agent for the Customer at the request or instruction of the Customer or the Customer’s duly authorized agent.

2. Repairs

2.1Theses Ts & Cs shall commence as from the date on which the Customer accepts the Quotation for the Work and shall continue until the Company, or its Representative, has repaired or otherwise returns the Equipment, whichever is the sooner, and the Company has received payment from the Customer of the Charges.
2.2Theses Ts & Cs shall commence as from the date on which the Customer accepts the Quotation for the Work and shall continue until the Company, or its Representative, has repaired or otherwise returns the Equipment, whichever is the sooner, and the Company has received payment from the Customer of the Charges.
2.3Any time estimate for completion of the Work that may be given to the Customer is an estimate only and does not form any obligation under these Ts & Cs.
2.4Once the Equipment is repaired, and if the same is in the Company’s possession, the Company shall notify the Customer that it is ready for collection.
2.5In the event that the Company is unable to complete the Work for any reason, or that the Work shall involve further costs payable by the Customer, the Company shall notify the Customer as soon as practicably possible.
2.6The Company’s out-of-warranty or chargeable repairs are warranted for 90 days from the date the Equipment is available for return. In the event that the same fault should re-occur during the 90-day period, the Company shall repair it free of charge. In the event that the Equipment develops an additional or alternative fault unrelated to the original Work, the 90-day repair warranty contained in this clause shall not apply.
2.7The Customer agrees and hereby consents to the Company or its Representative, sending the Customer’s Equipment to another repair centre and allow the Work to be carried out by a third party.
2.8All amounts due in respect of the Work are subject to VAT and any other government taxes or duties ruling at the time.

3. Warranty

3.1The Parties warrant to and in favour of the other Party that it has the legal capacity and has taken all necessary corporate action required to empower and authorise it to enter into these Ts & Cs
3.2Where Work is carried out under any warranty, the Customer shall be obliged to provide sufficient written proof of such warranty.
3.3In the event that the Equipment is beyond economic repair, the Company shall, as soon as practical inform the Customer.
3.4In the event that the nature of the Work falls outside the terms of the manufacturer’s warranty, then the Customer shall incur a charge for the repair under the terms as set in clause 4.
3.5In the event that the Customer provides misinformation to the Company regarding the age of the Equipment, resulting in an expired warranty, the Company may charge a diagnostic fee equivalent to the Company’s Call Out Fee ruling at the time of the Work.
3.6In the event that the Work (whether under warranty or not) is to be performed on Site, the Customer shall be obliged to give the Company’s Representative access to the Equipment to be repaired, to provide appropriate premises for the Work to be performed and to furnish the necessary electricity, water, and other infrastructure for the testing of the Equipment.

4. Procedure for Work

4.1Once the Quotation is accepted by the Customer, acceptance to be in writing, and payment of the Charges made, the Company shall, as soon as practical, send its technician to the Site.
4.2Upon the Company Representative’s initial attendance at the Site, the Company’s Representative shall inspect the Equipment.
4.3Following the inspection and diagnosis of any fault in the Equipment, the Company’s Representative shall:

4.3.1In the event that the Equipment is under warranty:
4.3.1.1make a report to the manufacturer of the Equipment;
4.3.1.2perform the Work in terms of the Quotation if this is immediately possible;
4.3.1.3if necessary, order any parts necessary for the Work from the manufacturer of the Equipment;
4.3.1.4in the event that the Work cannot be performed on Site, remove the Equipment to the Company’s premises and attend to the Work as soon as practically possible.

4.3.2In the event that the Equipment is out of warranty:
4.3.2.1notify the customer accordingly and perform the Work in terms of the Quotation.
4.3.2.2if necessary, order any parts necessary for the Work from the manufacturer of the Equipment;
4.3.2.3in the event that the fault to the Equipment cannot be diagnosed, or the Work cannot be performed on Site, uplift the Equipment and take it to the Company’s premises and attend to diagnosing the fault and performing the Work. The uplifting of Equipment shall be subject to completion of the Company’s Assessment Checklist.
4.3.2.4Once the Work have been completed the Company shall provide the Customer with a tax invoice that shows the Charges and any additional amount that is due over and above the Charges.
4.3.2.5In the event that no fault is found on the Equipment or the Customer does not accept the quotation, the Company will, where the Equipment is in its possession, return same to the Customer. The Company will in the circumstances be entitled to charge the Customer a Call Out Fee, a diagnostic fee, traveling expenses, collection and delivery charge, where applicable.

4.4The Company shall retain the Equipment until the Charges and any additional fees or expenses due have been paid in full. The Company may also charge an additional fee for storage of the Equipment and accessories at the rate of R50.00 per square meter per month, proportionate to the duration that the Equipment remain in the Company’s possession. Storage charges shall commence 7 days from the date of the Company’s tax invoice as referred to in clause 4.3.2.5.

5. Payment

5.1Payment, in Soth African currency only, by the Customer of the amount reflected in the Quotation shall be made simultaneously with the acceptance of the Quotation.
5.2 The Customer shall be obliged to pay to the Company, in addition to the Charge, the amount of any tax, duty, or other charges of any nature whatsoever imposed by any law, regulation, or enactment of whatsoever nature which comes into force on a date after the date on which the Charge was determined.
5.3In the event that parts are used in the Work, the cost of which cannot be determined at the time when the Quotation was prepared, the Company reserves the right to invoice the said parts to the Customer, which invoice the Customer undertakes to pay on presentation.
5.4The Customer must include the Company’s reference number on its payment advice.
5.5All amounts due by the Customer to the Company shall not be subject to any right of retention or set-off.
5.6In the event of any payment due by the Customer to the Company that has not been paid strictly in accordance with these Ts & Cs, interest shall be added to the amount at a rate of 3% above the prime overdraft rate which will be equal to First National Bank of South Africa Limited’s prime lending rate from time to time, expressed as a percentage rate of interest per annum, calculated daily and compounded monthly on the basis of a 365 day year irrespective of whether or not the year is a leap year, as certified by any representative of that bank whose appointment and designation it shall not be necessary to prove. Payment made by the Customer shall then be appropriated firstly to the interest charged and thereafter towards the Charges and any additional amount due.

6. Repairers Lien

6.1The Customer acknowledges that its Equipment shall, at all times, be subject to a Repairers Lien, which shall only be extinguished upon receipt of full payment of the Charges and any additional amount due.

7. Liability of Company

7.1Except as otherwise expressly provided in these Ts & Cs and subject to clauses 7.2 to 7.3, the Company excludes all statements, representations, warranties, conditions, promises, undertakings, covenants, and other provisions, express or implied (and whether implied by law or otherwise), relating to the Work, the materials used by the Company in the performance of the Work, and any other Work supplied by the Company (whether as to their merchantability, description, design, use, quality, suitability, fitness for any purpose, correspondence with any description or sample or otherwise), or their delivery, being provisions that might otherwise form part of these conditions, or any contract, or be collateral to or form part of any agreement that is collateral to these conditions, or any contract.
7.2The Company shall not be liable to compensate or indemnify the Customer (or any other person) for any loss or damage suffered or incurred by the Customer (or any other person) in relation to the Work, the performance of the Work, the materials used by the Company in performing the Work, or any Work supplied by the Company (including but not limited to any loss of profits or other economic loss or to loss arising from negligence or any other cause whether direct, indirect, consequential or otherwise).
7.3The Customer acknowledges that the Company (and its agents) shall necessarily require access to the Equipment to perform the Work, and that accessing the Equipment may result in damage to the Site. Without limiting clause 7.2, the Company shall not be liable for any damage whatsoever to the Site caused or contributed to by the Company (or its agents) including (but not limited to) damage to ceilings, walls, or cornices, damage to floors, damage to painted surfaces, floor and/or wall tiles or damage to any other equipment in/on the Site, irrespective of whether any such damage arises from negligence or any other cause or whether the damage was caused directly, indirectly, was consequential or otherwise.

8. General

8.1The Company shall not be liable to the Customer for any delay in or failure of performance of the Company’s obligations in terms of these Ts & Cs arising from any reason beyond the Company’s reasonable control.
8.2The Company’s failure to exercise or enforce the Company’s rights or the giving of any forbearance, delay or indulgence, shall not be construed as a waiver of such rights in terms of these Ts & Cs or otherwise.
8.3These Ts & Cs sets out the entire agreement and understanding between the Parties.
8.4These Ts & Cs may not be amended, modified, varied or supplemented except in writing signed by or on behalf of the Parties.
8.5If any part of these Ts & Cs is found to be void or unenforceable it shall be severed from the rest of these Ts & Cs so that it is effective to the extent that shall not affect the validity of the balance of the Ts & Cs, which shall remain valid and enforceable according to its terms.

9. Applicable law

9.1These Ts & Cs is to be governed, interpreted, and implemented in accordance with the laws of the Republic of South Africa.

10. Signature

10.1These Ts & Cs shall be signed by the Parties on the dates and places set out on the face hereof.