These Terms and Conditions of Service and Sale (the “Terms”) govern the supply of Parts and Services by PortAuto, a division of the Portland Group (“PortAuto”, “the Company”, “we” or “us”) to the Customer.
Definitions
- “Customer” refers to the person or entity requesting Services or purchasing Parts.
- “Parts” refers to any goods, components, or materials supplied by the Company.
- “Services” refers to any workshop labour, diagnostics, repairs, or maintenance performed.
Estimates & Authorization
2.1. All work is conducted on an estimate basis unless otherwise agreed in writing.
2.2. Estimates are valid for 7 days and include estimated labour and parts.
2.3. If additional, unexpected work or parts are required, PortAuto will seek Customer authorization before proceeding.
2.4. A signed job card or verbal consent followed by email confirmation authorizes PortAuto to begin work.
2.5. Diagnostic work is charged independently of repair work.
2.6. Estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered.
Parts Warranty
3.1. PortAuto warrants new parts against defects for a period of 3 months / 15 000 kilometres from the date of purchase, subject to manufacturer warranty terms. All electrical components carry no warranty.
3.2. Customer-supplied parts are installed at the owner’s risk. PortAuto offers no warranty on customer-supplied parts, nor on labour if those parts fail or are supplied incorrect.
3.3. The warranty does not cover defects caused by misuse, accidents, lack of maintenance, excessive or abnormal use, alterations or normal wear and tear.
3.4. Parts can be returned within 7 days of purchase, provided they are unused, undamaged, in original packaging, and can be sold as new again.
3.5. No electrical parts can be returned.
3.6. A 15% handling fee will be charged on all parts that can be returned.
3.7. PortAuto’s liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts.
3.8. When a Customer authorizes PortAuto to transport purchased parts from one place to another as may reasonably be required or necessary, it is done so at the risk of the Customer.
Workshop Services & Repairs
4.1. PortAuto warrants its workmanship for 1 month from the date of completion, provided the vehicle has not been serviced or repaired elsewhere.
4.2. Although PortAuto will take all reasonable care in disassembly and/or re-assembly of the Customer’s property, the Customer acknowledges that damage may occur to such property due to many reasons, including pre-existing defects or damage occasioned by virtue of the nature of the diagnostics process, and agrees that such diagnostics are performed strictly subject to the Customer’s waiver in favour of PortAuto of any and all rights to claim damages arising therefrom.
4.3. If the Customer elects not to proceed with any work for whatsoever reason after diagnostics have been performed (including not accepting PortAuto’s estimate), the Customer will accept and remove its property in a disassembled condition, and if re-assembled, without warranty and under liability for the reasonable re-assembly costs.
4.4. The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable. Replaced parts are disposed of unless the Customer specifically requests to retain them at the time of authorising the repair.
4.5. Any dates given for completion of work are estimates only. PortAuto is not liable for damages arising from delays.
4.6. In the event of the Customer electing not to accept the technical advice given by PortAuto, the Services are performed and Parts provided by PortAuto at the Customer’s sole and absolute risk.
4.7. In an event described in the preceding paragraph, the Customer waives any and all rights to claim damages from PortAuto, including consequential damages and pure economic loss, and further indemnifies PortAuto against any loss or damage suffered by the Customer and/or any third party.
4.8. Unless the parties agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, the Vendor shall be entitled to render such additional Services and provide such additional Parts as may reasonably be required, the reasonable costs whereof the Customer undertakes to pay.
4.9. The Customer authorizes PortAuto to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party.
4.10. Although all reasonable care will be taken with the Customer’s property in PortAuto’s possession, PortAuto shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.
Payment & Collection
5.1. Payment is due upon completion of work and prior to the release of the vehicle or parts.
5.2. PortAuto retains ownership of all supplied parts until full payment is received.
5.3. PortAuto has the right to hold a vehicle or parts until all monies owing are paid in full.
5.4. A deposit is required if PortAuto should stipulate this, prior to rendering the Services and/or providing the Parts.
5.5. If the Customer fails to collect the vehicle within 2 days of notification of completion, storage fees of R 2 000 per day may apply.
5.6. The Customer warrants that it is the owner of the property entrusted to the Vendor or is duly authorized to enter into the agreement with the Vendor on behalf of the owner.
5.7. The Customer undertakes to pay PortAuto as agreed, and if acting in a representative capacity, the signatory hereof binds himself/herself as surety and co-principal debtor with his or her principal in favour of the Vendor.
5.8. Possession will only be returned to the Customer upon full payment being received by PortAuto, and allowing the Customer to inspect or test the property does not constitute giving possession.
Limitation of Liability
6.1. PortAuto will not be liable for any indirect, special, or consequential loss (including loss of profits, loss of use, or downtime) arising from the services provided.
6.2. Any indulgence granted by PortAuto will not constitute a waiver of any rights or create a new agreement.
6.3. If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.
6.4. PortAuto’s liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts.
6.5. No change to this agreement and/or this clause will be valid unless in writing and signed by both parties.
Governing Law
7.1. These Terms are governed by the laws of the Republic of South Africa.