Terms and Conditions

ESTIMATES

All estimates are valid for 14 days from their dispatch by the company to the customer.

Prices of parts, goods and work are based on the prices current at the time of preparation of the estimate and the Company reserves the right to revise such prices, if the price to the company is changed between preparing the estimate and obtaining the parts, goods/ completing the work.

Unless otherwise agreed in writing, if it appears during progress of any work that the estimate will be exceeded by a significant amount the Company will not continue the work without further express permission from the Customer. Such permission may be given in writing and signed by the Customer and the Company, or orally- so long as the permission is thereon recorded in writing or on the workshop instruction form or on the computerized date system of the Company.

The Customer acknowledges that motor vehicles are complex pieces of machinery, that to repair defects it is appropriate to try the least complex solution first and that further chargeable work may be necessary if the work does not cure the fault.

The Company reserves the right to request a deposit against anticipated charges before agreeing to proceed with any Work.

All prices are exclusive of any applicable Values Added tax which is shown separately.

REPLACEMENT PARTS

The Company reserves the right to repair or to fix reconditioned units and/ or parts where these are supplied by the manufacturer.

AUTHORITY TO DRIVE VEHICLE

The Company reserves the right to undertake reasonable mileage to road test any vehicle in its possession which it deems necessary for the purpose of diagnosis, repair, and quality control.

UNCOMPETED WORK

If for reasons beyond the control of the Company, work requested by the Customer is not carried out in full, the company will charge a reasonable amount for any work actually carried out and the current price of any parts/goods/services supplied or fitted.

VARIATIONS

Variations in the Work to be done or the parts/ services/goods to be supplied may be made in writing and signed by the Customer and the Company, or orally ; so long as the variation is thereon recorded in writing on the workshop instruction form or on the computerized date system of the Company.

Time

The Company will use its best efforts and resources to do work or supply parts/ services/goods within any time period notified to the Customer.

CANCELLATION

No order which has been accepted by the Company may be cancelled by the Customer except with a written agreement with the Company.

COMPLETION OF WORK AND PAYMENT

All Goods and services shall be paid for in cash credit/debit card before delivery or collection unless credit has been agreed on in advance. Delivery is deemed to have occurred when the customer or his agent has taken possession of the Goods.

Where the Company has granted the Customer credit, if payment is not made on the due date, the Company shall be entitled to suspend the supply of further parts/goods and/or the provision of any further services to the Customer.

If the Goods are to be collected, then the Customer must collect them within 3 days of receiving notification that the Goods are available for collection. A failure to collect within the prescribed period may be treated as a repudiatory breach of the Agreement.

Work shall be deemed complete when the Customer is so advised by the Company. The customer will pay the Company in cash or credit/ debit card for all work done and parts/goods supplied as well as any storage charges before any vehicle may be removed from the Company’s premises. The Customer acknowledges the Company shall have a lien upon vehicle(s)in the possession of the company for the price of work done, storage costs and any debt owed by the customer to the company if the debt relates to that particular vehicle(s).

If a vehicle is not collected by the Customer within 7 days of the Customer being advised that work is complete, the company will charge for storage of the vehicle at the rate of tzs 25,000 per day. If the Customer shall fail to pay monies due to the Company and collect the vehicle within 14 days of being notified that the Work has been completed and the Company’s intention to proceed to bring a legal action under the uncollected goods act.

Interest at the rate of 9% per annum will accrue on all overdue payments from the due date until payment.

LOSS. DAMAGES. LIABILITY

Subject as expressly provided in this Agreement, all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.

Vehicles and their accessories and contents are left at the Customer’s risk and responsibility and the Company is only responsible for loss or damage thereof or thereto caused by the negligence of the company or its employees. The Customer is strongly advised to remove any items of value not related to the vehicle. In respect of any loss or damage, it is not the responsibility of the Company, and the customer must rely upon his own insurance.

So far as is permitted by law and except in the case of death or personal injury caused by the negligence of the Company, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms for any indirect, special or consequential loss or damage( whether for loss, of profit or otherwise), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the parts/ services/goods or the provision of works, or their use or re- sale by the Customer.

REPLACED PARTS

All parts replaced during any work done, except those that have to be returned under warranty or service exchange arrangements, will be retained by the Company for the Customer until the vehicle is collected. If the Customer does not specifically ask to take possession of such replaced parts when collecting the vehicle, then they will become the property of the Company to dispose of as it deems fit.

RETURNED GOODS

Goods will be accepted back for credit provided: (i) the Customers returns the Goods in the same condition as when supplied within 5 working days of delivery, (ii) the original invoice is produced (iii) the Customer pays the company’s current handling charges for returned Goods; and ( iv) the Goods were not specially ordered by the Customer otherwise the aforesaid Goods will not be accepted back by the Company. Nothing in this cause 14 affects your consumer right to return goods that are faulty or incorrectly supplied

SUB CONTRACTING

The Company shall be entitled to carry out its obligations under this Agreement by sub contractors but shall be responsible for the quality of their work and will accept no liability whatsoever for such subcontracted work.

WARRANTY

The Company under takes that it will use its best endeavors to obtain for the Customers the benefit of any warranty or guarantee given by the manufacturer or importer in respect of the parts and goods. The Company warrants its work free of defects in workmanship for a period of 7 days from the date of completion of the Work, however, genuine claims will be considered.

If the Work includes painting; then if the metal to be painted is rusted every reasonable precaution will be taken to prevent rust penetrating the paint after completion of the Work but no warranty can be given in this respect or to the effect that the new paintwork will match existing paintwork exactly.

1The warranty above is in addition to any other remedies, the Customer may have under the agreement but where applicable does not extend to cover defects arising from: (i) use of the vehicle for purposes it is not intended and / or constructed for (ii) failure to have the vehicle serviced in accordance with the manufacturer’s recommendations; and (iii) damaged in a subsequent accident, howsoever caused.

FORCE MAJEURE

Any failure by the company to perform any of its obligations under this agreement by reason of the performance of any clause being beyond the control of the company shall be deemed not to be a breach of this Agreement.

NOTICES

All written or phone calls notices given by the Company to the Customer shall take effect upon receipt.

CONFLICT PROVISION

If a conflict arises between the provisions of a contract signed between the Company and the customer and these terms and conditions, the provisions of the Contract shall prevail.

Each party acknowledges that in entering into this Agreement; it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

SEVERANCE

If any terms or provision of this Agreement shall be held illegal or unenforceable it will to that extent be deemed to be omitted from the Agreement and the validity or enforceability of the remainder of this Agreement shall not be affected.

THIRD PARTY RIGHTS

Nothing shall confer any rights upon any person who is not a party to this Agreement unless expressly provided.

PROPER LAW AND JURISDICTION

This Agreement shall be governed and construed in accordance with Tanzanian law and the parties agree to submit to the exclusive jurisdiction of the Tanzanian courts.