MI DURBAN SOUTH MOTORS (PTY) LTD

(Registration Number: 1999/005078/07)

(“NMI”)

STANDARD TERMS AND CONDITIONS

PARTS SALES - CASH OR CREDIT

I hereby request and authorise NMI to provide me with the parts and / or accessories (“goods”) at the respective prices to the value set out on the invoice

and on the terms and conditions detailed below, the contents of which I understand.

I agree, understand and confirm that:

1. I have taken delivery of the goods.

2. I have had sufficient opportunity (on my own) to inspect the goods and acknowledge that the goods are fit for the purpose I want to use them for.

3. NMI has advised me that the goods are technical in nature, and that a duly qualified person has to install, fit and / or work with the goods. I will not

hold NMI liable for any damages caused by me not utilising a qualified technician to fit, install and / or work on the goods.

4. The goods were correctly supplied to me and are not returnable after ten (10) business days, subject to clause 5 hereunder.

5. Electrical / specially ordered goods (including vehicle specific goods) have to be paid on date of order, are non-refundable and cannot be returned.

6. I have been informed that NMI does not deliver parts and I am therefore required to collect parts from the premises of NMI. In the event that I request

NMI to deliver the parts to me such delivery shall be done at my own risk. Any carrier appointed to deliver the parts shall be my agent and I indemnify NMI

against any loss or damage caused by such carrier to the parts.

7. The standard manufacturer’s warranty applies to the goods, and it is my responsibility to familiarise myself therewith. Such manufacturer’s warranty

shall run concurrently with any statutory warranty applicable to the goods.

8. DELIVERY: Any dates given by NMI for delivery of goods are estimates only and no exact delivery date or time has been agreed. NMI does not

warrant that it will deliver the goods within the estimated time. Although it will use its best efforts to do so, if NMI is unable to deliver the goods on the

expected date and / or time indicated, I will not have the right to cancel this agreement. I will also not hold NMI liable for any loss whatsoever and

howsoever incurred as a result of late delivery of goods.

9. PRICE: Notwithstanding the prices of the goods set out on any estimate supplied, the goods will be supplied to me at NMI’s prevailing standard prices

ruling at the time when the goods are delivered to me.

10. PAYMENT: All payments in respect of the goods supplied shall be paid by me by credit/debit card, cash or electronic funds transfer prior to when

the goods are delivered to me, unless NMI and I agree otherwise in writing. NMI shall not release the goods until payment is received in cleared funds.

Any refund due will be made by cheque and all returned goods, the return of which is not prohibited as detailed above, are subject to a 10% handling

charge, and subject to the parts being in their original packaging and being in an unused and resalable condition..

11. THE RIGHT TO OBTAIN REDRESS: In the event of a complaint by me, or a dispute arising between the parties, relating to the goods or any term of

this agreement’s interpretation, I shall inform NMI in writing of the exact extent and nature of the complaint or dispute whereafter the parties will attempt to

resolve the dispute within seven (7) business days, failing which either party can refer the matter to the relevant accredited Ombud of the Motor Industry.

Notwithstanding the foregoing, either party has the right to approach a competent Court for redress or any other competent relief.

12. In the event that an Account Facility Application is in place between NMI and the Customer, these Standard Terms And Conditions shall be read in

conjunction with such Account Facility Application. In the event of a conflict between the provisions of these Standard Terms and Conditions and the

aforesaid Account Facility Application, then the provisions of such Account Facility Application shall prevail.

13. Unless otherwise prescribed by legislation, NMI’s liability in relation to defective goods will be limited solely to the cost of replacing such goods.