Definitions of seller, purchaser, products, invoice and quotation agreements

1. Autosparez will for the remainder of this contract be known as “the seller”
2. Any purchaser of our products or services will for the remainder of this contract be known as “the consumer”.
3. All products referred to will be products that are sold under the trade name “Autosparez” unless stated otherwise on the equipment, or by the seller.
4. Products, marketing prices and stock availability.
5. All attempts are made by the seller to keep the products as up to date as possible by placing new pictures and prices on our website, as well as any marketing material we distribute.
6. We do reserve the right to amend any product’s description, specifications and prices at any time, without the prior notification to the consumer.
7. We strongly advise any prospective consumer to check and confirm availability and the prices before ordering.
8. We will accommodate consumers with price changes under the following circumstances:

a: The consumer has a printed quotation from us, which is valid for a period of 7 (seven) days from being requested.

1. The seller has the right to keep limited stock in their warehouses, calculated using the history on previous sales of each item.
2. Any item subject to the availability of the item from the seller’s supplier, and also to the transport system which we rely on to transport our goods.
3. We will not take responsibility for items not available by reason of Vis Major, or from any other cause whatsoever beyond the seller’s control, inter alia, inability to secure labour, materials, power, telephone line, or internet failure, or by reason of war, civil disturbances, riot, state of emergency, strike, lock out or other labour disputes, fire, theft or legislation.
4. The seller undertakes to do his utmost best to have any promoted items available during the stipulated time of the promotion.
5. In the event of items running out due to high sales, it will be up to the seller’s discretion to supply a different item for the same price as that of the promotional item, of similar quality and specifications, if they have such an item available.
6. The seller collects consumer data on invoices for the following reasons:
7. To send marketing information to the consumer, such as specials, on items, information regarding our products that will be helpful to our consumers as well as the latest edition of our product brochure.
8. To be able to get hold of consumers, whether private individual or entity, to recall faulty equipment.
9. That the consumer may be contacted on payments that have defaulted, such as an electronic transfer payment, to collect outstanding monies owing to the company.
10. In the events that the consumer would not want to receive any marketing from the seller, please notify the seller either by phone, e-mail, or fax. or by completing the contact form on the website. The same applies for consumers that wish to receive our brochure via e-mail. A form may be completed online at www.Autosparez.co.za
11. The seller will not take any responsibility for referring consumers, whether private individuals or entities, to alternative suppliers during times that we do not have stock, or on items that we do not supply.
12. All products sold by Autosparez South Africa. come with a full manufacturer’s warranty unless otherwise stipulated with or on the product. Autosparez products carry a 1 year warranty on defects in material or faulty workmanship, not normal wear and tear. Resins and all chemicals, once opened are not returnable.
13. Autosparez South Africa (PTY) Ltd. does not offer any type of refund on goods that have been incorrectly selected or due to change of mind.
14. Used products are not returnable for a refund.
15. All training/courses offered by Autosparez are non-refundable, No refunds will be entertained once training has been booked. Certificates are sent every second week if applicable. It is your duty to make sure we have your correct details for delivery.
16. Faulty items will be exchanged within 10 days.
17. In respect of COD consumer, payment shall be done on or before collection of goods. No goods are allowed to leave the premises of any of the sellers’ branches without payment being made. The following payment types are accepted: Cash
18. Electronic bank transfers – subject to a 48 (forty eight) hour clearance period, or upon the money reflecting in the seller’s bank account.

A printed proof of payment must also be made available to the branch.

1. Direct cash deposits – subject to the clearing of the monies and a valid proof of payment i.e. stamped deposit slip being sent to the branch
2. Direct cheque deposits – subject to a 14 (fourteen) day clearance period, and also upon receiving proof of payment i.e. stamped deposit slip being sent to the branch.
3. The consumer indemnifies and undertakes to make payment to the seller of all costs and interest, including costs as between attorney and client, debt collection costs, or any other costs on a fixed or contingent basis with regard to the collection of any monies owed by the consumer to the seller.
4. Any printed quotation will be valid for a period of 7 (seven) days, from the date of being issued
5. Any dispute regarding price changes will only be looked at if a printed quotation is supplied to the branch
6. The seller will only do cash pay-outs of refunds up to the value of R1000.00 (one thousand rand) inside any of the sellers branches. This only applies if the original payment type was cash. Any amounts higher than R1000.00 (one thousand rand) will be refunded via an electronic bank transfer done by the sellers head office.
7. Refunds on all other payments types will be refunded via an electronic bank transfer.
8. No refunds will be made to the consumer’s credit card.
9. The bank details supplied for the refund must be for the same name as the consumer that purchased the items/s.
10. No refunds will be made to any third parties, especially where the consumer is an entity.

Transport – fees, liabilities and responsibilities

1. The seller does not do deliveries, unless arranged by the seller through a courier or training is carried out and an applicable fee is charged.
2. The consumer is responsible to organize his/her own transport.
3. A courier company of the seller’s choice will be used. The consumer has however the option to requests the seller to organize on the consumer’s behalf a courier company to deliver the items purchased to his/her preferred location. The consumer will be subjected to the following conditions.
4. All risk in and to the goods shall pass to the consumer at the moment that the goods leave the premises of the company.
5. The total costs of the courier company are for the consumer’s account. This will include the following:
6. The courier companies’ total costs (including the value added tax levied) – the quote from the courier company can be sent through on request.
7. Mandatory insurance fees as levied by the courier company.
8. It is the consumer’s responsibility to inform the seller immediately of any defects found on the transported goods before signing acceptance of the package. Clearly indicate on the waybill that the item/s has/have been damaged. The seller will subsequently advise the consumer on the correct procedure to remedy this incident.
9. Where the consumer arranges their own transport company for collection and delivery of the goods, the consumer will take full responsibility for any damages sustained on items being transported by their courier company. All risk in and to all goods sold by the seller to the consumer shall pass to the consumer upon the departure of the goods from the premises of the seller.
10. Warranty and Exclusion of Liability
11. The seller will refund or exchange most goods if the consumer returns them within 10(ten) business days of purchase on condition that the purchased goods are returned in:
12. Their original condition:
13. The original packaging.
14. The goods have not been used.

PLEASE NOTE: IN ORDER TO RECEIVE A REFUND, YOU MUST HAVE NOT HAVE USED THE ITEM AT ALL.

1. Items not being returned in the above conditions will be subjected to at least a 20% (twenty per cent) handling fee.

Any goods returned after this period will be booked in for repair, during which time an assessment will be made to determine whether the goods may be repaired, replaced or refunded. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or our repair center prior to repairing, replacing of refunding and to provide you with feedback within 10 (ten) business days of receipt of the returned goods and to act accordingly.

Goods that have been booked in for repair will not be repaired without you approving a quotation first.

1. Repaired goods can only be collected on the following conditions:
2. Payment, if any, for the repair have been done by the consumer,
3. Upon providing the original repair note. We will not release any repaired goods unless the original repair note is supplied by the consumer or his/her appointed agent.
4. Goods that have been repaired and not collected after 3 (three) months of the consumer being notified will be sold to defray repair and storage costs.
5. The seller undertakes to cover the products sold under the trade name “Autosparez” for a period of 1 (one) year against:
6. Manufacturers fault, where the defect was not immediately visible upon the initial opening of the parcel’s packaging,
7. Faulty workmanship.
8. The seller guarantees all electrical components on an item for a period of 1 (one) month. Such guarantee includes motors and switches.
9. The warranty does not cover the following:
10. Damage caused by lightning and power surges.
11. Perishables that are damaged due to normal wear and tear i.e. seals, O-rings, bearings, bushes, nuts, bolts, blades, cutters, drill bits, etc.
12. Damage caused by misuse or abuse to the goods – this is where the machine was used outside the given specifications.
13. Any alteration or modification or opening or tampering that has been made to any part of an item, which changes the item from the original model supplied. This will make the warranty null and void. The seller does not accept any liability as a result of this.
14. Negligence on the part of the consumer. The seller will ensure that all our products have sufficient, visible safety warnings and that safety information is readily available. Any injuries, damages or death incurred due to the consumer’s negligence will not be the liability of the seller.
15. In- proper installations. With any item that needs installing such as generators, three phase units etc. it is the consumer’s responsibility to ensure that a compliance certificate is issued by the installer.
16. Goods used contrary to their instruction manuals or purpose.
17. Globes
18. Accidental damage.
19. Some items are supplied with batteries. We do not guarantee the battery at all. It is the consumer’s responsibility to buy a new battery for the unit.
20. The seller also sells items that have a manufacturer’s guarantee. The seller will do its best to ensure that faulty items are returned to the supplier of these items, but do not cover these items under their own warranty. A list of these products is available on request.
21. The seller has a 1 (one) year carry-in guarantee. In other words, it is the consumer’s responsibility to bring the purchased item back to the seller for warranty purposes.
22. The seller will not be liable for any loss of income, costs, damage incurred or death due to faulty products, or any monies lost during the time that an item is being repaired.
23. It is not the seller’s responsibility to provide specialized training on any of our machines. We will endeavour to make as much information as possible, in the form of videos /manuals and troubleshooting lists, available to the consumer.

Risk and Ownership

1. All risk in and to all goods sold by the seller to the consumer shall pass to the consumer upon the collection thereof by the consumer at the premises of the seller or upon the departure of the goods from the premises of the seller en route to the consumer irrespective of whether such goods are collected by a courier company appointed by the consumer or appointed by the seller on the consumer’s behalf.
2. Ownership in all goods sold and collected shall remain vested in the seller until the full purchase price has been paid.
3. Payments, quotation validity dates, refunds and the Consumer protection act
4. The Consumer Protection Act aims to provide consumers with certain rights and protection. Autosparez South Africa (PTY) Ltd. acknowledges and supports the intention and spirit of the Consumer Protection Act.
5. We commit and aim to uphold the principles of the Act in all our dealings with consumers, whether it be marketing, the actual sale of goods or after sales service.
6. If the consumer is a juristic person, whose net asset value or annual turnover exceeds R2 000 000.00 (two million rand), the CPA shall not apply.
7. If the consumer is a natural person or juristic person, whose net asset value or annual turnover is less than R2 000 000.00 (two million rand), the CPA shall apply.
8. If the consumer is a juristic person as referred to in clause 4.C. above, the consumer hereby authorizes the seller to enter any premises for the purpose of taking possession of the goods, to which these term and conditions relates, in the event of default in payment of the price by the consumer.
9. If the consumer resells any goods not paid for, the consumer shall be deemed to sell such goods as the agent of the seller and the proceeds of such sale shall be paid over to the seller as payment of the price for the goods;
10. If the goods ordered by the consumer are special order goods as defined in the CPA, the consumer shall not enjoy the rights afforded by Section 17 of the CPA, which include the cancelling of any advance order or booking;
11. Special order goods are goods that the seller was expressly or implicitly required or expected to procure, create or alter specifically to satisfy the consumer’s requirements; Such goods would include repair tools kits manufactured on demand and that include chemicals mixed for kits.
12. If a consumer referred to in clause 4.D. above orders goods not defined as special order goods in terms of the CPA, then the consumer may cancel the order, provided that:
13. The seller may require payment of a reasonable deposit for such goods in advance, and
14. Impose a reasonable cancellation charge in the event of the consumer cancelling the order.
15. The consumer acknowledges that the deposit and cancellation charge levied by the seller is reasonable and fair in the circumstances.
16. If the consumer is not a juristic person as defined in clause 4.C. above, then in addition to the warranties paragraph below, the consumer will enjoy the protection afforded by Section 20 of the CPA, which includes, inter alia:
17. The right to return goods to the seller, where the goods were intended to satisfy a particular purpose as communicated to the seller, and within 10 (ten) business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose;
18. Goods returned as aforesaid must be returned to the seller at the consumer’s risk and expense, provided that upon the return of the goods, the seller shall refund the consumer the price paid for the goods less any amount that the seller may charge as provided for in Section 20(6) of the CPA.
19. A consumer referred to in clause 4.C. above may not return goods to the seller without the prior written consent of a duly authorized representative of the seller and, in the event of such consent being granted, the consumer will not be entitled to a credit for the returned goods unless, when returning such goods, it simultaneously advises the seller in writing of the original invoice number.

M . Should a consumer return goods in accordance with clause 4.J. above, a restocking charge might be levied by the seller; In addition, if any of the returned goods had been specifically imported for the consumer, the consumer will be liable for the cost that was incurred by the seller in transporting the goods from the overseas supplier to the seller.

4. Should a consumer referred to in clause 4.C. above have any claims for delivery of any incorrect quantity or for any damaged or lost goods, it shall be obliged to notify the seller of such claim within 2 (two) business days of delivery having been effected, failing which any such claim will lapse.
5. If the consumer is a natural person or juristic person as defined in clause 4.D., the consumer shall enjoy the warranties and/or protections contained in the CPA as it relates to safe, good quality goods, implied warranty of quality and warranties on repaired goods.
6. If the consumer is a natural person or juristic person as defined in clause 4.C. above, the seller does not warrant the fitness of any goods for a particular purpose unless an express written guarantee is given to the consumer by the seller in respect of each sale.

Customer returns and refunds

This serves to help you understand your rights and obligations under the Consumer Protection Act 68 of 2008 (“CPA”) to return goods bought and to get a refund or a replacement.

The CPA gives you the right to return goods, receive a refund and to cancel an agreement under certain circumstances. We want you to understand:

Whether you are a consumer for purposes of the CPA;

• When you can return goods, receive a refund and cancel an agreement;
• When you won’t have these rights;
• Our rights to charge a fee when goods are returned;
• Your right to safe, good quality goods;
• What you must do to exercise your rights; and
• How you can get the latest version of this document.

Some helpful explanations of the terms used below:

Term

Explanation

“the CPA”

The Consumer Protection Act 68 of 2008, as amended from time to time.

“business day”

Any day except a Saturday, Sunday or statutory holiday in the Republic of South Africa.

“credit agreement”

An agreement between you and us that is subject to the National Credit Act 34 of 2005.

“direct marketing”

We approach you in person or by mail or electronic communication to promote or offer to supply any of our goods or services to you.

“goods”

Any asset that we supplied to you as part of an agreement.

“juristic”

An entity that is seen in law as a separate legal person from an individual person for example, companies, close corporations, a body corporate, partnership, an association or a trust.

“the NCA”

The National Credit Act 34 of 2005 as amended from time to time.

“transaction”

An agreement between you and us to supply or potentially supply goods or services to you and for which you must pay us certain amounts.

“seller/us”

Autosparez South Africa (PTY) Ltd., and including all companies which are its subsidiaries as defined in terms of the Companies Act 71 of 2008 or any replacement legislation.

“you”

The consumer who has entered into a transaction with us.

1. Are you a consumer for purposes of the CPA?

The CPA says a consumer is an individual (natural) person who enters into a transaction / agreement with us. The CPA also applies to juristic persons but that does not include a juristic person whose asset value or annual turnover at the time of the transaction is R2 million or more.

If you end your credit agreement and the NCA applies to your credit agreement, you must comply with the provisions of that agreement to end it.

2. Your rights to cancel an agreement return goods and receive a refund or replacement.

2.1. Your right to cooling off after direct marketing

If you enter into an agreement with us because of direct marketing you have a right to cancel that agreement, without penalty, within five (5) business days after the date on which:

• the goods were delivered to you; or
• You entered into the agreement with us.

If you cancel the agreement, you must, at your risk and expense, return any goods delivered to you within ten (10) business days after the delivery day.

We will refund any payment that we received from you within 15 business days after:

• we received the goods back from you; or
• We received written notice confirming your cancellation if no goods had been delivered to you.

If you paid a third party for part of the purchase price of the goods we are not responsible to refund those amounts to you. You must contact those third parties directly. We must only refund the amount of money that we have actually received from you.

2.2. Your rights when you did not have an opportunity to examine the goods

You must ask to examine the goods to confirm that:

• the goods are of a type and quality reasonably contemplated in the agreement;
• in cases where the goods were bought based on a description and a sample, the goods correspond with the description and/or the sample; and
• In the case of a special order agreement, the goods reasonably conform to the material specifications of the special order.

If you were not given an opportunity to examine the goods or if the goods do not meet the requirements as set out above, you have the right to return the goods to us and receive a full refund. The goods must be returned to us within 10 business days after the goods were delivered to you.

Handy Tip: When you take delivery of any goods, always make sure that the goods are what you ordered and that the right quantity was delivered. Do not take delivery if you are not happy with the delivery.

2.3. Your rights when mixed goods are delivered to you

If you receive some of the goods that you agreed to and the delivery includes other goods that you did not order, you have the right to:

• accept delivery of the goods that are in accordance with the agreement and reject the rest; or
• Reject all of the delivered goods.

If you rejected delivery of the goods, you are entitled to receive a refund from us, but the goods must be returned within 10 business days after it was delivered to you.

2.4. Your rights when you bought goods for a specific purpose

If you want us to supply goods for a specific purpose, you must first inform us in writing of the specific purpose so that we can confirm to you if we can supply the goods.

If we agreed to supply the goods and the goods are not reasonably suitable for the specific purpose, you have the right to return the goods to us for a refund but the goods must be returned within 10 business days after you accept delivery of those goods.

To determine if the goods satisfy your requirements, we will consider issues such as:

• the manner in and the purpose for which the goods were marketed, packaged and displayed;
• the use of any trade description or mark;
• any instruction or warnings with respect to the use of the goods;
• the range of things that might reasonably be expected to be done with the goods; and
• The time when the goods were produced and supplied to you.

You will not have the right to claim that the goods were unsuitable merely because better goods became available later.

Please note: This right does not apply to goods that you buy at an auction.

Handy Tip: If you are buying goods that must meet a specific purpose, ask the supplier to confirm in writing that these goods will meet your requirements. Although this is not a legal requirement, it will help you if you apply for a refund as you can easily prove what was agreed. Otherwise such a claim is difficult to prove.

3. When certain rights will not be available to you.

The CPA will not apply to a credit agreement that is subject to the NCA although the CPA will still apply to the goods and services under such an agreement.

Handy Tip: Please look at your credit agreement to see if the agreement falls under the NCA or not.

The rights set out in 2.1 to 2.4 will not apply if:

• for reasons of public health or otherwise, the law does not allow such goods to be returned once they have been supplied to you or to someone you nominated; or
• After receiving the goods, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

4. Our right to charge a fee when goods are returned

You must return the goods to us within the time periods set out above or we may not accept your claim. We will refund you if you return the goods and after we have inspected the goods. We have a right to charge a fee on goods returned when you exercise your rights as set out above.

In general:

• we will not charge a fee if the goods are returned in its original unopened packaging;
• if the goods are returned in its original condition and repackaged in its original packaging, we may charge you a reasonable amount for:

– the use of the goods while it was in your possession; and

– the consumption or depletion of the goods; and

• In any other case, we may also charge you a reasonable amount as set out above and any necessary restoration costs so we can restock the goods.

5. Your right to safe, good quality goods (implied warranty of quality)

You have a right to receive goods that:

• reasonably suits the purposes for which it is generally intended;
• are of a good quality, in good working order and don’t have any defects;
• will be useable and durable for a reasonable time, taking into account what you would normally use it for and the circumstances of its supply;
• Comply with applicable legislation.

If the goods fail to satisfy the requirements and standards set out above, you have the right, at your choice, within six (6) months after the delivery of the goods, to ask us to:

• repair or replace the failed, unsafe or defective goods; or
• Refund to you the price paid for the goods.

If you choose to have the goods repaired and within 3 months after that repair, the failure, defect or unsafe feature has not been remedied, or a new failure, defect or unsafe feature is discovered, we will replace the goods, or refund to you the price paid for the goods.

You will not have this right if:

• the goods had been altered contrary to the instructions or after leaving our control; you bought the goods at an auction; or
• We informed you of the condition of the goods and you accepted the goods in that condition.

Note: Normal wear and tear and/or maintenance does not make the goods unfit for purpose.

6. What you must do to exercise your rights:

If you bought goods from us and you want to exercise your rights as set out above you must:

• Contact your nearest Autoscreenz South Africa office / branch.
• Arrange to give them written confirmation of your request.
• Arrange with that office, or their designated agent, a time and place to return the goods to them.

7. Amendments

We may change the content of this undertaking from time to time. Whenever you want to take any action that is provided for in this document, then only the latest version will apply.

To get the latest copy, you must either –

visit any of our branches; or

Visit our website (www.autoscreenz.co.za).

Customer returns and refunds

This serves to help you understand your rights and obligations under the Consumer Protection Act 68 of 2008 (“CPA”) to return goods bought and to get a refund or a replacement.

The CPA gives you the right to return goods, receive a refund and to cancel an agreement under certain circumstances. We want you to understand:

Whether you are a consumer for purposes of the CPA;

• When you can return goods, receive a refund and cancel an agreement;
• When you won’t have these rights;
  • Our rights to charge a fee when goods are returned;
  • Your right to safe, good quality goods;
  • What you must do to exercise your rights; and
  • How you can get the latest version of this document.

Some helpful explanations of the terms used below:

Term
Explanation

“the CPA”
The Consumer Protection Act 68 of 2008, as amended from time to time.

“business day”
Any day except a Saturday, Sunday or statutory holiday in the Republic of South Africa.

“credit agreement”
An agreement between you and us that is subject to the National Credit Act 34 of 2005.

“direct marketing” 
We approach you in person or by mail or electronic communication to promote or offer to supply any of our goods or services to you.

“goods”
Any asset that we supplied to you as part of an agreement.

“juristic”
An entity that is seen in law as a separate legal person from an individual person for example, companies, close corporations, a body corporate, partnership, an association or a trust.

“the NCA”
The National Credit Act 34 of 2005 as amended from time to time.

“transaction”
An agreement between you and us to supply or potentially supply goods or services to you and for which you must pay us certain amounts.

“seller/us”
Autoscreenz South Africa (PTY) Ltd., and including all companies which are its subsidiaries as defined in terms of the Companies Act 71 of 2008 or any replacement legislation.

“you”
The consumer who has entered into a transaction with us.

1. Are you a consumer for purposes of the CPA?
   The CPA says a consumer is an individual (natural) person who enters into a transaction / agreement with us. The CPA also applies to juristic persons but that does not include a juristic person whose asset value or annual turnover at the time of the transaction is R2 million or more.
   If you end your credit agreement and the NCA applies to your credit agreement, you must comply with the provisions of that agreement to end it.
2. Your rights to cancel an agreement return goods and receive a refund or replacement. 

2.1. Your right to cooling off after direct marketing
If you enter into an agreement with us because of direct marketing you have a right to cancel that agreement, without penalty, within five (5) business days after the date on which:
• the goods were delivered to you; or
• You entered into the agreement with us.
If you cancel the agreement, you must, at your risk and expense, return any goods delivered to you within ten (10) business days after the delivery day.
We will refund any payment that we received from you within 15 business days after:
• we received the goods back from you; or
• We received written notice confirming your cancellation if no goods had been delivered to you.

If you paid a third party for part of the purchase price of the goods we are not responsible to refund those amounts to you. You must contact those third parties directly. We must only refund the amount of money that we have actually received from you.

2.2. Your rights when you did not have an opportunity to examine the goods
You must ask to examine the goods to confirm that:
• the goods are of a type and quality reasonably contemplated in the agreement;
• in cases where the goods were bought based on a description and a sample, the goods correspond with the description and/or the sample; and
• In the case of a special order agreement, the goods reasonably conform to the material specifications of the special order.
If you were not given an opportunity to examine the goods or if the goods do not meet the requirements as set out above, you have the right to return the goods to us and receive a full refund. The goods must be returned to us within 10 business days after the goods were delivered to you.
Handy Tip: When you take delivery of any goods, always make sure that the goods are what you ordered and that the right quantity was delivered. Do not take delivery if you are not happy with the delivery.

2.3. Your rights when mixed goods are delivered to you
If you receive some of the goods that you agreed to and the delivery includes other goods that you did not order, you have the right to:
• accept delivery of the goods that are in accordance with the agreement and reject the rest; or
• Reject all of the delivered goods.
If you rejected delivery of the goods, you are entitled to receive a refund from us, but the goods must be returned within 10 business days after it was delivered to you.

2.4. Your rights when you bought goods for a specific purpose
If you want us to supply goods for a specific purpose, you must first inform us in writing of the specific purpose so that we can confirm to you if we can supply the goods.

If we agreed to supply the goods and the goods are not reasonably suitable for the specific purpose, you have the right to return the goods to us for a refund but the goods must be returned within 10 business days after you accept delivery of those goods.

To determine if the goods satisfy your requirements, we will consider issues such as:
• the manner in and the purpose for which the goods were marketed, packaged and displayed;
• the use of any trade description or mark;
• any instruction or warnings with respect to the use of the goods;
• the range of things that might reasonably be expected to be done with the goods; and
• The time when the goods were produced and supplied to you.
You will not have the right to claim that the goods were unsuitable merely because better goods became available later.
Please note: This right does not apply to goods that you buy at an auction.

Handy Tip: If you are buying goods that must meet a specific purpose, ask the supplier to confirm in writing that these goods will meet your requirements. Although this is not a legal requirement, it will help you if you apply for a refund as you can easily prove what was agreed. Otherwise such a claim is difficult to prove.

3. When certain rights will not be available to you.
The CPA will not apply to a credit agreement that is subject to the NCA although the CPA will still apply to the goods and services under such an agreement.
Handy Tip: Please look at your credit agreement to see if the agreement falls under the NCA or not.
The rights set out in 2.1 to 2.4 will not apply if:
• for reasons of public health or otherwise, the law does not allow such goods to be returned once they have been supplied to you or to someone you nominated; or
• After receiving the goods, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

4. Our right to charge a fee when goods are returned
You must return the goods to us within the time periods set out above or we may not accept your claim. We will refund you if you return the goods and after we have inspected the goods. We have a right to charge a fee on goods returned when you exercise your rights as set out above.
In general:
• we will not charge a fee if the goods are returned in its original unopened packaging;
• if the goods are returned in its original condition and repackaged in its original packaging, we may charge you a reasonable amount for:
– the use of the goods while it was in your possession; and
– the consumption or depletion of the goods; and
• In any other case, we may also charge you a reasonable amount as set out above and any necessary restoration costs so we can restock the goods.

5. Your right to safe, good quality goods (implied warranty of quality)
You have a right to receive goods that:
• reasonably suits the purposes for which it is generally intended;
• are of a good quality, in good working order and don’t have any defects;
• will be useable and durable for a reasonable time, taking into account what you would normally use it for and the circumstances of its supply;
• Comply with applicable legislation.
If the goods fail to satisfy the requirements and standards set out above, you have the right, at your choice, within six (6) months after the delivery of the goods, to ask us to:
• repair or replace the failed, unsafe or defective goods; or
• Refund to you the price paid for the goods.
If you choose to have the goods repaired and within 3 months after that repair, the failure, defect or unsafe feature has not been remedied, or a new failure, defect or unsafe feature is discovered, we will replace the goods, or refund to you the price paid for the goods.
You will not have this right if:
• the goods had been altered contrary to the instructions or after leaving our control;  you bought the goods at an auction; or
• We informed you of the condition of the goods and you accepted the goods in that condition.

Note: Normal wear and tear and/or maintenance does not make the goods unfit for purpose.

6. What you must do to exercise your rights:
If you bought goods from us and you want to exercise your rights as set out above you must:
• Contact your nearest Autoscreenz South Africa office / branch.
• Arrange to give them written confirmation of your request.
• Arrange with that office, or their designated agent, a time and place to return the goods to them.

7. Amendments
   We may change the content of this undertaking from time to time. Whenever you want to take any action that is provided for in this document, then only the latest version will apply.
   To get the latest copy, you must either –
   • visit any of our branches; or
   • Visit our website (www.autosparez.co.za).