K&D Mine Suppliers (Pty) Ltd
Karcher Cleaning Equipment Specialists
Authorised Sales and Service Centre
K&D MINE SUPPLIERS (PTY) LTD
JOB CARD TERMS AND CONDITIONS
“I”, ”ME”, and “MY” refer to the customer, and ”you” and“the Company” refers to K&D Mine Suppliers (Pty) Ltd
“Us” or ”We” refers to the Company and Me or (The Parties) “Cleaning Equipment” refers to High Pressure Cleaners, Sweepers, Scrubbers, Vacuum Cleaners
1. These terms and conditions shall apply to this contract of servicing and/or repair work including the replacement or refurbishment of the parts (the “work) that will be carried out on any “Cleaning Equipment” and part/s and/or accessories or other items
1.2 Subject to paragraph 5 below and the face here of, I authorise the Company to carry out the work and services and to fit any parts which, in the Companies opinion are necessary to satisfactorily complete the work and service.
1.3 If the work/service to be carried out is covered by a warranty of the Manufacturer, to the extent that the Manufacturer will pay the cost of the work/parts, then the Company shall obtain the necessary approval of the Manufacturer before any work/service commences. If either the Manufacturer refuses to pay for the required work and or parts, or I am responsible to pay a portion thereof, then the Company will only proceed with the work/service once I have agreed to pay for it and have specifically authorised the Company in writing to proceed with the work/service
1.4 The above will also apply to any Mechanical or Electrical breakdown warranties
1.5 I agree and consent that all or part of the work and service that the Company shall carry out, maybe carried out by it or on its behalf by any agent or sub-contractor as the case may be and duly appointed by the company
1.6 I agree and understand that the Company is under no obligation to return parts which have been repaired under the manufacturer’s warranty, service or maintenance plan or as a result of any insurance claim as the case may be.
2.1 The expected completion date is an approximate only and the company does not warrant that it will complete the work/service within the estimated time, although, it shall use its best efforts to do so
2.2 I also accept and acknowledge that the company shall make every effort within reason to complete the work/service on the agreed date and at the agreed time, however, the company cannot promise completion on that specific day or time because the company is dependent on the delivery to it of spare parts and components from the manufacturer/distributor and/or there exist other factors beyond the company’s control which could possibly affect expected delivery
2.3 Should the company have reason to believe that the delivery of the cleaning equipment shall be come delayed for any reason outside of its control, then the company shall communicate such delay in writing with me, and a new estimated date of completion shall be communicated and agreed between the parties.
2.4 If I do not take delivery/collect or remove the equipment for whatsoever reason by the third working day, and after I have been informed by the company that the equipment is available to be collected, I accept that the company may charge me R10.00 per day storage charges.
2.5 Unless agreed to beforehand, there shall be no automatic right to any loan/courtesy equipment or contribution toward the hire of such equipment where customer’s equipment is being repaired or serviced
2.6 Where a loan/courtesy equipment/machine is made available, it does not have to be the same make or model as the equipment that is being repaired or serviced this is the sole discretion of the company. The company reserves the right to a reasonable rate being charged for the use of the loan/courtesy equipment
The price of the work and services rendered and/or parts supplied will be at the companies prevailing standard rates and charges ruling at the time they complete the work/service
4. ADDITIONAL WORK
4.1 If the additional work and service costs more than the pre-authorisation value, then the company shall obtain my permission to proceed with this additional work and service before it starts with the same.
4.2 I agree that the company can obtain authorisation from me via a telephonic instruction at the contact number/s that I have supplied.
4.3 In the event that the company is unable to contact me at the number/s provided, then it shall not proceed with any work
All payments in respect of the work and service and/or parts supplied in the rendering of these services shall be in CASH when the work is completed, unless the company and I agree otherwise in writing and before the commencement of the work and service as the case may be.
6. REPAIRERS LIEN
I acknowledge and understand an express repairer’s lien in favour of the company to secure the amount due and owing to the company for all work done and parts supplied in terms thereof.
7. LIMITATION OF OUR LIABILITY
7.1 Except as is provided in law, or is provided for in any express warranty or guarantee that the company gives in writing to me which is intended to form part of this contract:
7.1.1 If any work that the company effects is defective because of defective part(s) or workmanship, the company undertakes to remedy the defect(s) by either adjusting, repairing or replacing the defective part(s) or rectifying the defective workmanship; provided that that this will not apply to goods:
18.104.22.168 That have been found to have become defective due to fair wear and tear, or,
22.214.171.124 That have been found to have been misused or abused; or
126.96.36.199 That have been found to have been used by me contrary to the manufacturer’s specifications or instructions. The companies’ liability as repairer shall be limited solely to remedying of the defective services and /or replacing the defective part(s) having regard to the nature and extent of the failure
7.2 Save as aforesaid the company does not make any other representations, unless expressly given in writing.
8.1 I hereby:
8.1.1 Grant you, and your employees and your agents permission to run the equipment for test purposes and/or to inspect it and:
8.1.2 Agree that you shall hold my equipment in your possession and control and use it for test purposes at my risk, and I acknowledge that you do not hold yourself/agent or employee responsible for any loss and/or damage to the equipment and/or accessories in the case of fire, theft or any cause whatsoever, unless there was negligence on the companies part.
8.2 You do however agree to exercise due care and diligence in looking after my equipment
9 VARIOUS AND RELATED TERMS AND CONDITIONS
9.1 I hereby agree and consent to the jurisdiction of the Magistrates Court for any action arising out of this offer, notwithstanding that the claim or the value of the matter in dispute might be more than the jurisdiction of the Magistrates Court. The company may in its discretion institute legal proceedings in any other court of competent jurisdiction.
9.2 No variations of these terms and conditions will be of any force or effect unless in writing and signed by both the company and me
9.3 I have read the terms and conditions contained in this agreement and I understand and accept them in every respect.
9.4 If any of the terms and conditions in this agreement are found to be invalid, then that will not invalidate the remainder of this agreement
9.5 All schedules and attachments to this agreement shall be deemed to form part of this agreement.
9.6 Except as set out in this agreement, no party may cede that party’s rights or transfer that party’s obligations without the prior written consent of the other party.
9.7 No contract varying, adding to, deleting from or cancelling this agreement and no dismissal of any right under this agreement or term hereof, shall be effective unless reduced to writing.
10. COLLECTION OF EQUIPMENT
10.1 If after 90 days from date of Quotation, the equipment has not been collected and any amounts due have not been paid, I accept that the company will dispose of the equipment to recover any cost that it may have incurred without prejudice to the company or its agents