Terms of service

1 TERMS AND CONDITIONS (CONSUMER) 1. Definitions & Interpretations 1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 1.1.1. Consumer an individual who receives any of the Services for his personal use and not for any business, trade, craft, or profession carried on by him or any other person or organisation; 1.1.2. Customer/You/Your a Consumer customer of the Garage who requires its services and/or Parts; 1.1.3. Garage/Us/We/Our Verifix Solutions, 03, Bondo Road, Industrial Area, Nairobi, Kenya, Box: 17763 – 00500. Company Number – A010543434K, and reference to the Garage shall include reference to any and all of its staff including mechanics; 1.1.4. Services any type of repair or maintenance of Vehicles; 1.1.5. Parts any component used in the repair and maintenance of Vehicles; 1.1.6. Price the fee payable for the Work including Parts, labour and any additional charges; 1.1.7. Dispute a conflict of interest between the Customer and the Garage; 1.1.8. Vehicle Your vehicle which may be a car, van, motorhome, motorcycle, caravan or trailer; 1.1.9. Work the particular services that we agree to provide to you; 1.2. These terms & conditions apply to all Services rendered and Parts supplied by or through Us; 1.3. The job card (if any) and any/all other documentation issued by Us and accepted by the Customer forms part of the agreement; 1.4. This document may be executed in any number of counterparts, any of which may be delivered by e-mail, text message or telephone and still form one single agreement, which is not required to be signed by Us to be binding; 2. Technical Advice 2.1. In the event of the Customer electing not to accept the technical advice given by the Garage, the Services are performed and Parts provided by the Garage at the Customer's sole and absolute risk; 2.2. In an event described in Clause 2.1, the Customer waives any/all rights to claim damages from the Garage, including consequential damages and pure economic loss and further indemnifies the Garage against any loss or damage suffered by the Customer and/or any third party; 3. Diagnostics 3.1. If a Customer elects not to receive an estimate for the costs of diagnostics, including disassembly and/or reassembly of the Customer's property, the Customer assumes the risk for the reasonable costs associated therewith; 3.2. Although the Garage 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 the Garage 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 the Garage's estimate, the Customer will accept and remove its property in a disassembled www.verifixsolutions.com 2 condition and if re-assembled, without warranty and under liability for the reasonable re-assembly costs in accordance with Clause 12; 3.4. The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable; 4. Services & Parts 4.1. The Garage 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 the Garage; 4.2. All Services will be rendered and Parts provided in accordance with the technical advice given by the Garage or if specific instructions are given by the Customer, then in accordance with such instructions; 4.3. The Garage does not warrant that any Parts purchased by the Customer, but not fitted by the Garage, will be fit for the purpose for which it is purchased; 4.4. The Customer shall be entitled to return Parts purchased within 3 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, the Garage will be entitled to arrange the involvement of such third party on behalf of the Customer; 4.6. If the Garage arranges the participation of such third party with the knowledge and consent of the Customer, the Garage 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 the Garage a reasonable opportunity to inspect same; 4.8. If We cannot carry out and complete the Work due to non-availability of parts or a delay in their delivery, we will let You know and You may then either make arrangements to rebook the Work when We advise You of the availability of the parts or cancel the Work in accordance with Your rights set out in Clause 12; 4.9. If We replace any parts, We will make the original parts available to You to view and examine up to and including the time that You collect Your Vehicle. You may only remove those parts from the Garage if You agree to dispose of them in an environmentally responsible manner. If You do not wish to inspect and/or remove the parts, we shall dispose of them after You collect Your Vehicle; 4.10. We shall use reasonable endeavours to ensure that We take good care of Your Vehicle and require You to remove all of Your possessions from it before We start the Work and will not accept responsibility for the loss of any possessions within the Vehicle that You do not remove; 4.11. 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 the Garage; 4.12. If We find during the course of the Work that We need to use additional parts and/or labour, We will only order the additional parts or carry out the additional work if You have first authorised Us to do so. We will give you a revised estimate of the cost of the additional Parts and any labour and the amount of time We think we will need to complete the additional work; 4.13. Failure by Us 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 the Vendor for the costs in accordance with Clause 12; 4.14. We 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; 4.15. We will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer's property; www.verifixsolutions.com 3 5. 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, We 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; 6. Price 6.1. All prices given by Us to the Customer shall constitute an estimate and not a quotation; until an invoice is issued; 6.2. All Customers are entitled to receive estimates from Us and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay the Garage 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; 7. Payment 7.1. The Customer is liable for payment upon completion or if cancelled, upon cancellation; 7.2. We are entitled to require a deposit, prior to rendering the Services and/or providing the Parts. This must be paid within 14 days of the request; 7.3. Our 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; 8. Possession 8.1. Possession of the Customer's property is taken unto Us strictly subject to the provisions of this agreement; 8.2. We do not assume or accept any risk until the Customer's property is delivered to Our 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 Us 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 the Garage is grossly negligent; 8.5. Although all reasonable care will be taken with the Customer's property in Our possession, We shall not be liable for any loss or damages suffered by the Customer due to theft, fire, acts of God, or any other cause; 8.6. From the point at which Work on the Vehicle begins We shall have the right to keep the Vehicle until the Customer has made payment in full of all sums due from the Customer. Allowing the Customer to inspect or test the property does not constitute giving possession; www.verifixsolutions.com 4 9. 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. We 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 the Garage’s lien, which will only be extinguished upon receipt of full payment by the Garage, including third party costs incurred by the Garage on behalf of the Customer; 9.4. The Customer consents to a lien in favour of the Garage arising from unpaid storage costs and third party costs; 10. Warranties 10.1. If any of the Services or Parts are covered by a warranty given by Us, 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 Us and any statutory warranty; 10.3. If the Services to be rendered and/or Parts to be provided are covered by an existing non-garage warranty or other maintenance- and/or service plan, it is the Customer's responsibility to make arrangements for payment of the Garage and will remain liable to the Garage until paid in full; 10.4. Unless expressly agreed to the contrary in writing, no warranty given by the Vendor shall be valid for a period of longer than 3 months from date of completion; 10.5. No warranty given by the Garage will cover abuse, excessive or abnormal use, contrary to any manufacturer's specifications or normal wear and tear; 10.6. Our liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts; 11. The Customer 11.1. The Customer warrants that it is the owner of the property entrusted to Us or is duly authorized to enter into the agreement with Us on behalf of the owner; 11.2. The Customer undertakes to pay Us 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 Garage. 12. Cancellation 12.1. 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 Us in accordance with Clauses 12.2 & 12.3 12.2. If You cancel the Work after we have started it You must pay Us for all labour and for all parts We have used and for those parts We have not used but which We have ordered and which, in Our reasonable judgement, We are unlikely to be able to use or sell within 6 months. We will charge you for that labour at the same hourly rate as We used to calculate the Price 12.3. The parts We have ordered but not used by the time You cancel will remain our property. We may use or dispose of them as we see fit without accounting to you for their cost where We have charged You for them. www.verifixsolutions.com 5 13. General 13.1. This document together with other documents referenced herein is the full and only agreement in force. 13.2. No change to this agreement and/or this clause will be valid unless in writing and signed by both parties. 13.3. The Customer chooses the addresses and particulars provided on the job card for all purposes arising from the agreement. 13.4. Any indulgence granted by Us will not constitute a waiver of any rights or create a new agreement. 13.5. 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.