Terms and Conditions

These terms and conditions apply to all services rendered and parts supplied by or through Mobell Diesel Service – The Trader All documentation issued by the Trader and accepted by the Customer forms part of the agreement

This document may be executed in any number of counterparts, any of which may be delivered by fax or email and still form one single agreement, which is not required to be signed by the Trader to be binding

Technical Advice 

In the event of the customer electing not to accept the technical advice given by the Trader, the services are performed and parts provided 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 the Trader, including consequential damage and pure economic loss and further indemnifies the Trader against any loss or damage suffered by the Customer and/or third party

Diagnostics 

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

Although the Trader 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 Trader 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 Trader’s estimate, the Customer will accept and remove it’s property in a disassembled condition and if re-assembled, without warranty and under full liability for the reasonable re-assembly costs

The customer accepts that disassembly may cause damage to other parts and/or components not being disassembled and may render such inoperable

Service and Parts 

The Trader will provide the technical advice, diagnostics, service and parts with the degree of skill and workmanship that could reasonably be expected from an entity conducting the business of the Trader

All services will be rendered and parts provided in accordance with the technical advice given by the Trader or if specific instructions are given by the Customer, then in accordance with such instructions

The Trader does not warrant that any parts purchased by the Customer, but not fitted by the Trader, will be fit for the purpose for which it is purchased

Whenever it is necessary or preferable that a third party provide the services and/or parts or any part thereof, the Trader will be entitled to arrange the involvement of such third party on behalf of the Customer

If the Trader arranges the participation of such third party with the knowledge and consent of the Customer, the Trader 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 Trader 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 Trader for all costs incurred up to the time of cancellation

The Trader shall render the services and provide the parts as soon as is 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 given for completion constitute estimates only and shall not be binding on the Trader

Failure by the Trader 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 Trader for the costs and parts provided up to the date of cancellation.

The Trader shall not be liable for any damage 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 Trader 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 agreed that no additional services will be rendered or parts provided without the Customer’s express consent, the Trader 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 Trader to the Customer shall constitute an estimate and not a quotation

All Customers are entitled to receive estimates from the Trader and a Customer choosing not to receive an estimate does so at it’s own risk and agrees to pay the Trader the reasonable costs for the services and/or parts provided

Should any dispute exist as to what would constitute the reasonable costs, 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 and services provided

Payment 

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

Possession 

Possession of the Customer’s property is taken by the Trader strictly subject to the provisions of this agreement

The Trader does not assume or accept any risk until the Customer’s property is delivered to the Trader’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 authorizes the Trader to transport it’s 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 waiver of any/all claims arising therefrom, except if the Trader is grossly negligent

Although all reasonable care will be taken with the Customer’s property in the Trader’s possession, the Trader 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 Trader 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 property as soon as possible, but within 7 days from being so notified

The Trader will be entitled to charge a reasonable storage fee for uncollected property after said 7 days and uncollected property may be sold

The Customer acknowledges that its property will at all times be subject to the Trader’s lien, which will only be extinguished upon full payment by the Trader, including third party costs incurred by the Trader on behalf of the Customer

The Customer consents to a lien in favour of the Trader arising from unpaid storage and third party costs

Warranties 

If any of the services or parts are covered by a warranty given by a Vendor, then such warranty is subject to specific terms and conditions in addition to these terms and conditions

If a third party gives a warranty, such warranty will run concurrently with any warranty given by the Trader and any statutory warranty

If the services to be rendered and/or parts to be provided are covered by an existing non-trader warranty or other maintenance and/or service plan, it is the Customer’s responsibility to make arrangements for payment of the Trader and will remain liable to the Trader until paid in full

No warranty given by the Trader will cover abuse, excessive or abnormal use, use contrary to any manufacturer’s specifications or normal wear and tear.

Rectification labour  to replace failed parts will not be given unless deemed a negligence on the part of the Trader

The Trader’s liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective services and/or parts

The Customer 

The Customer will endorse that it is the owner of the property entrusted to the Trader or is duly authorized to enter into the agreement with the Trader on behalf of the owner

The customer undertakes to pay the Trader as agreed and if acting in a representative capacity the signatory or person authorizing said work binds himself/herself as surety and co-principal debtor with his or her principal in favour of the Trader.

General 

This document together with other documents referenced herein is the full and only agreement in force The Trader will take reasonable care to advise the Customer of any changes to this agreement

The Customer nominates the addresses and particulars provided on the job card for all purposes arising from the 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