Autosparez – Terms and Conditions
By purchasing from Autosparez South Africa (“Autosparez™”), you agree to these Terms and Conditions. These terms apply to all tools, consumables, parts, kits, and related services supplied by Autosparez.
1. Definitions
1.1. “Autosparez”, “we”, “us”, “our”: Autosparez South Africa.
1.2. “Client”, “you”, “your”: Any business, company, sole proprietor, or entity purchasing products or services from Autosparez.
1.3. “Products”: Tools, kits, consumables, parts, or equipment sold under the Autosparez trade name.
1.4. “Services”: Training, accreditation preparation, or related services.
1.5. “Special Order Goods”: Custom kits, imported parts, or goods manufactured, procured, or altered specifically for the client.
1.6. “Electronic Communication”: Includes all communications sent by Autosparez via email, WhatsApp, SMS, or other digital platforms. Quotes, invoices, and notices transmitted electronically shall carry the same legal weight as signed hardcopy documents.
2. B2B Sales Framework
2.1. All sales are strictly business-to-business (B2B). Autosparez does not sell to private consumers. By placing an order, you confirm you are acting as a business or sole proprietor.
2.2. Orders placed by non-business consumers (including individuals purchasing for private use) are not accepted and will be cancelled. Refunds in such cases may be subject to administration fees.
2.3. Where the Consumer Protection Act 68 of 2008 (“CPA”) applies, Autosparez will comply. However, if you are a juristic person with an annual turnover or asset value exceeding R2,000,000, the CPA does not apply.
2.4. Clients waive any rights under the CPA inconsistent with these Terms, except where such waiver is expressly prohibited.
3. Prices, Quotes & Payments
3.1. Prices may change without prior notice.
3.2. Written quotes (including those sent electronically) are valid for 7 (seven) days only.
3.3. Payment is required in full before goods are released or training is booked.
3.4. Ownership of goods remains with Autosparez until payment clears in full.
3.5. If invoices are unpaid, the client is liable for collection costs, attorney fees, and interest.
3.6. No Third-Party Payments: All payments, including refunds or credits, will only be made to the original payer. Autosparez will not under any circumstances make payments to third parties, including freight agents or nominated beneficiaries.
3.7. No Chargebacks or Reversals: The Client agrees not to initiate any chargeback, reversal, or recall of funds once goods have been dispatched or training has been booked. Any disputes must first be raised directly with Autosparez for resolution.
4. Risk, Transport & Export
4.1. Risk in goods transfers to the client once goods leave Autosparez premises, whether collected by the client or by a courier.
4.2. If Autosparez arranges courier delivery, costs are for the client’s account. Risk still passes at dispatch.
4.3. Export clients are responsible for:
- All import/export documentation, permits, and codes.
- Duties, customs clearance, and VAT in the destination country.
- Compliance with all applicable export regulations.
4.4. Autosparez accepts no liability for courier delays, loss, or customs seizures.
4.5. Appointed Agent Indemnity: If the client appoints their own agent or freight company, the client acknowledges that Autosparez has no contractual relationship with that agent. Risk and responsibility transfer irrevocably to the client at the point of collection. The client indemnifies Autosparez against any loss, damage, delay, or claim arising from the acts or omissions of the client’s appointed agent.
4.6. Conflict of Interest: The client warrants that there is no ownership, directorship, or financial interest between themselves and any freight agent or third party they appoint. Any undisclosed conflict of interest will nullify claims against Autosparez relating to transport or delivery.
4.7. Admin Fees for Own Couriers/Collections:
- Local own courier or client collection: R395 (ex VAT).
- International/export courier or client-arranged export: R495 (ex VAT).
- Clients must provide courier company details and confirm their courier will use their own valid export code.
5. Delivery, Returns & Custom-Assembled Kits
5.1 Delivery Disputes (48-Hour Rule)
5.1.1. The Client must inspect all goods immediately upon delivery or collection.
5.1.2. Any discrepancy in quantity, incorrect supply, visible damage, or packaging defects must be reported in writing within 48 (forty-eight) hours of receipt.
5.1.3. Failing such written notice within 48 hours, the goods shall be deemed delivered in good order and condition, and the Client shall have no further claim in respect of such delivery discrepancies.
5.2 Return Authorisation (Mandatory RMA Process)
5.2.1. No goods may be returned without prior written approval from Autosparez and the issuance of a Return Merchandise Authorisation (“RMA”) number.
5.2.2. Goods returned without an authorised RMA number may be rejected and returned to the Client at the Client’s cost.
5.2.3. Approval to return goods does not guarantee a credit, replacement, or refund. All returned goods are subject to inspection and testing.
5.3 Physical Return & Inspection Requirement
5.3.1. No credit, replacement, or refund will be considered until the goods are physically returned to Autosparez premises in their original condition.
5.3.2. Autosparez reserves the right to inspect, test, and assess all returned goods prior to determining any remedy.
5.3.3. Where goods require manufacturer or supplier assessment, Autosparez shall not be liable for delays beyond its reasonable control during such process.
5.4 Change-of-Mind & Discretionary Returns
5.4.1. Autosparez is under no obligation to accept returns of non-defective goods.
5.4.2. Where Autosparez elects, in its sole discretion, to accept a return of non-defective goods, such return may be subject to:
- A reasonable handling and restocking fee determined by Autosparez;
- Administrative and inspection costs;
- Repackaging costs;
- All transport and courier charges.
5.4.3. Opened consumables, used products, installed goods, and Special Order Goods are strictly non-returnable.
5.5 Custom-Assembled Kits & Special Order Goods
5.5.1. Tool kits, bundled systems, and configured packages supplied by Autosparez are assembled, procured, or manufactured on order based on the Client’s configuration and supplier availability.
5.5.2. Once supplier procurement, assembly, or production has commenced, such goods are deemed Special Order Goods and are non-cancellable and non-refundable.
5.5.3. Cancellation requests after supplier procurement has commenced shall not relieve the Client of liability for costs already incurred by Autosparez.
5.5.4. Kits are sold as complete bundled systems and may not be returned, refunded, or credited on a component-by-component basis.
5.5.5. In the event of a defective component within a kit, Autosparez’s obligation shall be limited strictly to the repair or replacement of the defective component only.
5.6 Component Substitution & Specification Variations
5.6.1. The Client acknowledges that certain kits and bundled systems are subject to supplier specification updates, manufacturer revisions, or availability changes.
5.6.2. Autosparez reserves the right to substitute components with functionally equivalent or improved alternatives where supplier changes occur.
5.6.3. Minor component variations, updated models, packaging differences, or manufacturer revisions shall not constitute grounds for cancellation, refund, or dispute, provided the overall functional performance of the kit is materially equivalent.
5.7 Freight Responsibility for Returns
5.7.1. Return shipping costs shall be for the Client’s account unless Autosparez confirms in writing that the return is due to a verified supply error or confirmed defect.
5.7.2. Risk in returned goods remains with the Client until physically received and inspected by Autosparez.
6. Warranties, Defects & Limitation of Liability
6.1 Statutory Rights
6.1.1. Where applicable, Autosparez complies with the Consumer Protection Act 68 of 2008 (“CPA”).
6.1.2. Nothing in these Terms limits rights that cannot lawfully be excluded under the CPA.
6.2 Limited Warranty (Professional Trade Use)
6.2.1. Tools and equipment carry a 6-month limited warranty against proven manufacturing defects.
6.2.2. Consumables are non-returnable once opened.
6.2.3. Products are supplied for professional trade use only. Use outside a professional workshop environment may void warranty.
6.3 Inspection & Testing of Alleged Defects
6.3.1. All alleged defects are subject to inspection, testing, and technical assessment by Autosparez or the original manufacturer.
6.3.2. Where goods are found not to be defective, the Client shall be liable for inspection, handling, and return freight costs.
6.3.3. Where goods are referred to the manufacturer for testing, Autosparez shall not be liable for manufacturer turnaround times.
6.4 Exclusions from Warranty
Warranty shall not apply where damage results from:
- Incorrect installation or improper voltage supply;
- Misuse, abuse, negligence, or improper handling;
- Use outside intended application;
- Alteration, modification, tampering, or disassembly;
- Removal of labels, serial numbers, or identification marks;
- Installation or operation by uncertified or unqualified persons.
6.5 Remedy Structure (CPA-Compliant)
6.5.1. Where a defect is confirmed within the statutory 6-month period, Autosparez may elect to repair or replace the defective goods.
6.5.2. A refund shall only be considered where repair or replacement is not possible or fails.
6.5.3. Remedies apply strictly to the defective goods or component and not to associated labour or consequential losses.
6.6 Exclusion of Consequential & Labour Claims
To the fullest extent permitted by law, Autosparez shall not be liable for:
- Installation or removal labour costs;
- Downtime or business interruption;
- Loss of profit or income;
- Indirect or consequential damages;
- Damage caused by incorrect application of products.
6.7 Limitation of Liability
Autosparez’s maximum liability in respect of any claim shall be limited strictly to the purchase price paid for the goods or services in question.
6.8 No Fitness for Unspecified Purpose
Unless expressly confirmed in writing by Autosparez, no representation is made that goods are suitable for any specific vehicle, system, or custom application. The Client bears responsibility for verifying compatibility and suitability for intended use.
7. Training
7.1. Training provided by Autosparez is aligned with industry standards and SAWRA/ASPA-SA frameworks.
7.2. Purchasing tools or training does not automatically grant SAWRA or ASPA-SA membership or certification.
7.3. Certification is awarded by the relevant association (SAWRA or ASPA-SA) in its sole discretion.
7.4. Autosparez accepts no liability if SAWRA or ASPA-SA denies membership or certification.
8. Intellectual Property
8.1. Autosparez logos, trademarks, and materials are protected by law.
8.2. Unauthorized use of Autosparez, SAWRA, or ASPA-SA branding is prohibited.
9. Anti-Fraud & Suspicious Activity
Autosparez reserves the right, in its sole and absolute discretion, to suspend or cancel any transaction or account if it reasonably suspects fraudulent, illegal, or suspicious activity. This includes, but is not limited to, orders placed with stolen payment details, attempts to manipulate pricing, impersonation of other businesses, or any activity inconsistent with bona fide B2B trade. In such events, Autosparez may withhold goods, suspend services, and report the activity to the relevant authorities without incurring liability towards the Client.
10. Legal Notices and Domicilium
10.1. For all legal purposes, the client irrevocably nominates their most recently provided email address as their domicilium citandi et executandi (the address for the service of all legal documents).
10.2. Any legal notice sent by Autosparez to this email address will be deemed received at the time of sending, provided there is a successful transmission record.
10.3. Autosparez is not responsible for any failure to receive notices due to the client’s email issues.
10.4. This clause remains binding for 12 months after termination of the agreement or last transaction.
11. Privacy
11.1. Autosparez collects client data for order processing, compliance, and marketing.
11.2. Clients may opt out of marketing communications at any time.
11.3. Data is managed in compliance with the Protection of Personal Information Act (POPIA).
12. Governing Law
These Terms are governed by South African law. Any disputes fall under the jurisdiction of South African courts.
Important Notices for Clients
- Special Order Goods are non-refundable once production or procurement has started.
- Risk transfers at dispatch or collection.
- By paying an invoice or completing checkout, you accept these Terms in full.
- Our annual turnover exceeds R2 million – certain CPA provisions do not apply.
📩 sales@autosparez.co.za
📞 065 864 7759
Autosparez – Professional Tools & Training for the Trade.
