Terms & Conditions

GG Batteries and Solar (PTY) Ltd T/A Deltec Batteries Tokai and Bellville

General

These terms & conditions apply to all Services rendered and Parts supplied by or through GG Batteries and Solar PTY LTD T/A Deltec Batteries, hereafter called “Company”.
The job card (if any) and any/all other documentation and communication issued by the Company and accepted by the Customer form part of the agreement.
This document may be executed in any number of counterparts, any of which may be delivered by text or e-mail and still form one single agreement, which is not required to be signed by the Company to be binding.

ADVICE

In the event of the Customer electing not to accept the technical advice given by the Company, the Services are performed, and Parts provided by the Company at the Customer’s sole and absolute risk.
In an event described in the preceding paragraph, the Customer waives any/all rights to claim damages from Company, including consequential damages and pure economic loss and further indemnifies the Company against any loss or damage suffered by the Customer and/or any third party.

DIAGNOSTICS

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.
Although the Company will take all reasonable care in the 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 Company of any/all rights to claim damages arising therefrom.
If the Customer elects not to proceed with any Work for whatsoever reason after diagnostics have been performed, including not accepting the Company’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 reassembly costs.
The Customer accepts that disassembly may cause damage to other parts and/or components not being disassembled and may render such inoperable.

SERVICES AND PARTS

The Company 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 Company.
All Services will be rendered, and Parts provided in accordance with the technical advice given by the Company or if specific instructions are given by the Customer, then in accordance with such instructions.
Company does not warrant that any Parts purchased by the Customer, but not fitted by the Company, will be fit for the purpose for which it is purchased.
The Customer shall be entitled to return Parts purchased within 7 business days, subject to such Parts being unused, undamaged, in their original packaging and in a resaleable condition.
Whenever it is necessary or preferable that a third party provide the Services and/or Parts or any part thereof, The Company will be entitled to arrange the involvement of such third party on behalf of the Customer.
If the Company arranges the participation of such third party with the knowledge and consent of the Customer, the Company shall not be liable for the Services and/or Parts of such third party or any damages arising therefrom.
Should the Customer allege any of the Services rendered or Parts provided to be defective in any manner, the Customer shall give the Company a reasonable opportunity to inspect same.
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 the Company for all costs incurred up to the time of cancellation.
The Company shall render the Services and provide the Parts as soon as possible but within a reasonable time.
Any approximation of the time required to render the Services and/or provide the Parts and/or any dates are given for completion constitute estimates only and shall not be binding on the Company.
Failure by the Company 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 Company for the costs of Services and Parts provided up to date of cancellation.
The Company 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.
The Company will not be liable for any loss or damage arising due to any pre-existing latent defect in the Customer’s property.

ADDITIONAL SERVICES & PARTS

Unless the parties expressly agreed that no additional Services will be rendered or Parts provided without the Customer’s express consent, the Company 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.
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.

PRICE

All prices given by the Company to the Customer shall constitute an estimate and not a binding quotation.
All Customers are entitled to receive estimates from the Company and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay the Company the reasonable costs for the Services and/or Parts.
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.
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.

INVOICING

The Company will invoice the Client for the services rendered as per the agreed-upon terms outlined in chat, call, or email correspondence. The invoice will include a breakdown of charges, payment due date, and any other relevant details.

POSSESSION

Possession of the Customer’s property is taken by the Company strictly subject to the provisions of this agreement.
The Company does not assume or accept any risk until the Customer’s property is delivered to the Company’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.
The Customer authorises the Company 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.
Any transportation of the Customer’s property is undertaken strictly subject to it being done at the Customer’s risk and under a waiver of any/all claims arising therefrom, except if the Company is grossly negligent.
Although all reasonable care will be taken with the Customer’s property in the Company’s possession, the Company shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause.
Possession will only be returned to the Customer upon full payment being received by the Company and allowing the Customer to inspect or test the property does not constitute giving possession.

COLLECTION, STORAGE & LIEN

The Customer will be notified upon completion and will collect the car as soon as possible, but within 1 day of being so notified.
The Company will be entitled to charge a reasonable storage fee for the uncollected property after said 1 day.
The Customer acknowledges that its property will always be subject to the Company lien, which will only be extinguished upon receipt of full payment by Company, including third-party costs incurred by Company on behalf of the Customer.

WARRANTIES

All product warranties are provided by the supplier of the product and the customer is required to ensure that warranty conditions are obtained and fully understood.
If a third party provides a warranty, it will run concurrently with any warranty provided by Company, as well as any statutory warranty.
If the services to be rendered and/or parts to be provided are covered by an existing non- Company warranty or other maintenance and/or service plan, it is the customer’s responsibility to arrange for payment to Company and remain liable until the payment is made in full.
Unless specifically agreed otherwise in writing, any warranty provided by Company is valid for a maximum period of 3 months from the date of completion, unless stated otherwise in writing. No warranties are provided on aircon gas services if caused by a leakage in the aircon system.
Company warranties do not cover abuse, excessive or abnormal use, use contrary to manufacturer’s specifications, or normal wear and tear.
In the event of a warranty claim, the Company’s liability is limited to reasonable costs associated with repairing or replacing defective services rendered and/or parts installed by the Company.
The Company’s warranty becomes void if a third party works on or tampers with the car after the service/work has been carried out.
Electrical parts are not covered by warranties provided by the Company – *unless a specific warranty has been provided by the manufacturer (OEM).
The Company does not provide warranties on parts (new or second-hand) supplied by the customer.
Company does not provide warranties on parts (second-hand) sourced on behalf of the customer.
If repairs need to be done twice due to second-hand parts or parts supplied by the customer, the Company will not provide free labour or consumables. New labour rates and consumables will apply.
The Company’s warranty covers repairs and services for and workmanship for a period of 3 months from the date of the invoice, whichever comes first unless otherwise stated in writing.
For Parts not manufactured by the Company, the warranty shall be the current warranty
- provided by the manufacturer of the Parts. The Company shall not be bound by nor be
- responsible for any term, condition, representation or warranty other than that which is given
- by the manufacturer of the Parts.
Normal wear and tear are excluded from this extended warranty.
The warranty is void if the car is used in any sporting events.
Liability for consequential loss or damages is excluded from this extended warranty.
This warranty will only apply if all parts are supplied by Company and the vehicle is maintained and repaired as recommended by Company or the car manufacturer (OEM).

CUSTOMER OBLIGATIONS

The Customer warrants that it is the owner of the property entrusted to the Company or is duly authorized to enter into the agreement with the Company on behalf of the owner.
The Customer undertakes to pay the Company as agreed and if acting in a representative capacity, the signatory hereof undertakes to make such payment and binds himself/herself as surety and co-principal debtor with his or her principal in favour of the Company.

GENERAL

This document together with other documents referenced herein is the full and only agreement in force.
No change to this agreement and/or this clause will be valid unless in writing and signed by both parties.
The Customer chooses the addresses and particulars provided on the job card for all purposes arising from the agreement.
Any indulgence granted by the Company will not constitute a waiver of any rights or create a new agreement.
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.
Neither party shall be liable for any default due to any form of force majeure, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.