Terms and Conditions

(as recommended by the RMI)

1.1 These terms & conditions apply to all Services rendered and Parts supplied by or through Dirt Now (Pty) Ltd.

1.2 The job card (if any) and any/all other documentation issued by Dirt Now (Pty) Ltd and accepted by the Customer forms part of the agreement.

1.3 This document may be executed in any number of counterparts, any of which may be delivered by fax or e-mail and still form one single agreement, which is not required to be signed by Dirt Now (Pty) Ltd to be binding.

1. Technical Advice

2.1 In the event of the Customer electing not to accept the technical advice given by Dirt Now (Pty) Ltd, the Services are performed, and Parts provided by Dirt Now (Pty) Ltd at the Customer's sole and absolute risk.

2.2 In an event described in the preceding paragraph, the Customer waives any/all rights to claim damages from Dirt Now (Pty) Ltd, including consequential damages and pure economic loss and further indemnifies Dirt Now (Pty) Ltd against any loss or damage suffered by the Customer and/or any third party.

1. Diagnostics

3.1 If a Customer elects not to receive an estimate for the costs of diagnostics, including disassembly and/or re-assembly of the Customer's property, the Customer assumes the risk for the reasonable costs associated therewith.

3.2 Although Dirt Now (Pty) Ltd 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 agree that such diagnostics are performed strictly subject to the Customer's waiver in favour of Dirt Now (Pty) Ltd of any/all rights to claim damages arising therefrom.

3.3 If the Customer elects not to proceed with any Work for whatsoever reason after diagnostics have been performed, including not accepting Dirt Now (Pty) Ltd'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.

3.4 The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable.

1. Services & Parts

4.1 Dirt Now (Pty) Ltd will provide the technical advice, diagnostics, Services and Parts with the degree of skill and workmanship that could reasonably be expected from an entity or person conducting the business of Dirt Now (Pty) Ltd.

4.2 All Services will be rendered and Parts provided in accordance with the technical advice given by Dirt Now (Pty) Ltd or if specific instructions are given by the Customer, then in accordance with such instructions.

4.3 Dirt Now (Pty) Ltd does not warrant that any Parts purchased by the Customer, but not fitted by Dirt Now (Pty) Ltd, will be fit for the purpose for which it is purchased.

4.4 The Customer shall be entitled to return Parts purchased within 10 business days, subject to such Parts being unused, undamaged, in their original packaging and in a resale-able condition.

4.5 Whenever it is necessary or preferable that a third party provide the Services and/or Parts or any part thereof, Dirt Now (Pty) Ltd will be entitled to arrange the involvement of such third party on behalf of the Customer.

4.6 If Dirt Now (Pty) Ltd arranges the participation of such third party with the knowledge and consent of the Customer, Dirt Now (Pty) Ltd shall not be liable for the Services and/or Parts of such third party or any damages arising therefrom.

4.7 Should the Customer allege any of the Services rendered or Parts provided to be defective in any manner, the Customer shall give Dirt Now (Pty) Ltd a reasonable opportunity to inspect same.

4.8 The Customer has the right to cancel the rendering of Services and/or provision of Parts at any time, it being understood that the Customer will be liable to Dirt Now (Pty) Ltd for all costs incurred up to the time of cancellation.

4.9 Dirt Now (Pty) Ltd shall render the Services and provide the Parts as soon as is possible, but within a reasonable time.

4.10 Any approximation of the time required to render the Services and/or provide the Parts and/or any dates given for completion constitute estimates only and shall not be binding on Dirt Now (Pty) Ltd.

4.11 Failure by Dirt Now (Pty) Ltd to complete the Services and Parts on or before any given date will not entitle the Customer to cancel the agreement unless a reasonable time has been exceeded and then subject to the Customer paying Dirt Now (Pty) Ltd for the costs of Services and Parts provided up to date of cancellation.

4.12 Dirt Now (Pty) Ltd shall not be liable for any damages and/or consequential damages and/or economic loss due to late completion and/or cancellation due to failure to complete at any given time.

4.13 Dirt Now (Pty) Ltd will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer's property.

1. Additional Services & Parts

5.1 Unless the parties agreed that no additional Services will be rendered or Parts provided without the Customer's express consent, Dirt Now (Pty) Ltd 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.

5.2 The rendering of additional Services and provision of additional Parts shall not, unless expressly agreed to the contrary, constitute a new agreement and shall be subject to these terms and conditions.

1. Price

6.1 All prices given by Dirt Now (Pty) Ltd to the Customer shall constitute an estimate and not a quotation.

6.2 All Customers are entitled to receive estimates from Dirt Now (Pty) Ltd and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay Dirt Now (Pty) Ltd the reasonable costs for the Services and/or Parts.

6.3 Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the Dispute and will not be relieved from accumulating storage costs pending resolution of such Dispute.

6.4 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.

1. Payment

7.1 The Customer is liable for payment upon completion or if cancelled, upon cancellation.

7.2 Dirt Now (Pty) Ltd is entitled to require a deposit, prior to rendering the Services and/or providing the Parts.

7.3 Dirt Now (Pty) Ltd's willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time.

1. Possession

8.1 Possession of the Customer's property is taken by Dirt Now (Pty) Ltd strictly subject to the provisions of this agreement.

8.2 Dirt Now (Pty) Ltd does not assume or accept any risk until the Customer's property is delivered to Dirt Now (Pty) Ltd's regular business premises and any collection and/or delivery of the Customer's property at any place other than such premises is done entirely at the Customer's risk.

8.3 The Customer authorizes Dirt Now (Pty) Ltd 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.

8.4 Any transportation of the Customer's property is undertaken strictly subject to it being done at the Customer's risk and under waiver of any/all claims arising therefrom, except if Dirt Now (Pty) Ltd is grossly negligent.

8.5 Although all reasonable care will be taken with the Customer's property in Dirt Now (Pty) Ltd's possession, Dirt Now (Pty) Ltd shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.

8.6 Possession will only be returned to the Customer upon full payment being received by Dirt Now (Pty) Ltd and allowing the Customer to inspect or test the property does not constitute giving possession.

1. Collection, Storage & Lien

9.1 The Customer will be notified upon completion and will collect the property as soon as possible, but within 7 days from being so notified.

9.2 Dirt Now (Pty) Ltd will be entitled to charge a reasonable storage fee for uncollected property after said 7 days and uncollected property may be sold.

9.3 The Customer acknowledges that its property will at all times be subject to Dirt Now (Pty) Ltd's lien, which will only be extinguished upon receipt of full payment by Dirt Now (Pty) Ltd, including third party costs incurred by Dirt Now (Pty) Ltd on behalf of the Customer.

9.4 The Customer consents to a lien in favour of Dirt Now (Pty) Ltd arising from unpaid storage costs and third party costs.

1. Warranties

10.1 If any of the Services or Parts are covered by a warranty given by Dirt Now (Pty) Ltd, then such warranty is subject to specific terms and conditions in addition to these terms and conditions.

10.2 If a third party gives a warranty, such warranty will run concurrently with any warranty given by Dirt Now (Pty) Ltd and any statutory warranty.

10.3 If the Services to be rendered and/or Parts to be provided are covered by an existing non-vendor warranty or other maintenance- and/or service plan, it is the Customer's responsibility to make arrangements for payment of Dirt Now (Pty) Ltd and will remain liable to Dirt Now (Pty) Ltd until paid in full.

10.4 Unless expressly agreed to the contrary in writing, no warranty given by Dirt Now (Pty) Ltd shall be valid for a period of longer than 3 months from date of completion.

10.5 No warranty given by Dirt Now (Pty) Ltd will cover abuse, excessive or abnormal use, use contrary to any manufacturer's specifications or normal wear and tear.

10.6 Dirt Now (Pty) Ltd's liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts.

1. The Customer

11.1 The Customer warrants that it is the owner of the property entrusted to Dirt Now (Pty) Ltd or is duly authorized to enter into the agreement with Dirt Now (Pty) Ltd on behalf of the owner.

11.2 The Customer undertakes to pay Dirt Now (Pty) Ltd 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 Dirt Now (Pty) Ltd.

1. General

12.1 This document together with other documents referenced herein is the full and only agreement in force.

12.2 No change to this agreement and/or this clause will be valid unless in writing and signed by both parties.

12.3 The Customer chooses the addresses and particulars provided on the job card for all purposes arising from the agreement.

12.4 Any indulgence granted by Dirt Now (Pty) Ltd will not constitute a waiver of any rights or create a new agreement.

12.5 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.

1. PROTECTION OF PERSONAL INFORMATION ATC 4 OF 2013 (“POPI”)

Dirt Now (Pty) Ltd is committed to the adherence of national and international legislation, e.g., European Union General Data Protection Regulation (GDPR) as well as the European privacy Regulation and regulations pertaining to the safeguarding of Data Privacy and the protection of personal information when processed by any person, whether natural or juristic in terms of the Protection of Personal Information Act (4) 2013 (“POPIA”) and/or similar international legislation. In addition, Dirt Now (Pty) Ltd is committed to the adherence to the Cybercrimes Act, signed into law, yet to be made effective. The purposes for which the client personal information will be collected and processed is to ensure that such personal information and documentation is verified and vetted to promote compliance with Dirt Now (Pty) Ltd policies and procedures and to assess the required applications of personal information of a client.

ACCORDINGLY:

13.1.      Dirt Now (Pty) Ltd will collect, process, and store the personal information of the Client for the purpose intended, namely Dirt Now (Pty) Ltd billing information and verification provided by the Client and that it will proceed to act in accordance with the provisions of POPIA in collecting, processing, and storing the Clients personal information.

13.2.      During the course, of the business relationship between the Client and Dirt Now (Pty) Ltd, the Client acknowledges and consents to the processing of its personal information for any purpose relating to the administration, management, and operations of Dirt Now (Pty) Ltd.’s legitimate business purposes or legal obligations by Dirt Now (Pty) Ltd or anyone acting on behalf of Dirt Now (Pty) Ltd.

13.3.      Dirt Now (Pty) Ltd undertakes not to disclose the Client’s personal information unless it is legally or contractually required or for its legitimate business purposes. Similarly, the Client has the corresponding obligation to Dirt Now (Pty) Ltd in this regard.

13.4.      Dirt Now (Pty) Ltd will use all reasonable efforts to ensure that the Client personal information in its possession or processing on its behalf is kept confidential, stored in a secure manner, and processed in terms of the provisions of POPIA and for the purposes for which Dirt Now (Pty) Ltd has been authorized only.

13.5.      Dirt Now (Pty) Ltd declares that all personal information supplied to Dirt Now (Pty) Ltd for the purposes of processing of information of the Client and related legal and operational reasons are accurate, up to date, are not misleading and that it is complete in all respects. It remains the responsibility of the Client to immediately advise Dirt Now (Pty) Ltd of any changes to its personal information including, but not limited to, a change of ownership or control in the Client (as required by POPIA).

13.6.      The Client hereby provides its consent to Dirt Now (Pty) Ltd to process its personal information as provided above and acknowledges that it understands the purposes for which it is required, and for which it will be used.