CONDITIONS OF CONTRACT 

MARITIME MOTORS (PROPRIETARY) LIMITED (“MM”) hereby agree to attend to the repairs to the vehicle set out overleaf subject to the following 

expressed terms and conditions: 

1. 

I/We authorize MM to replace or repair such parts and to attend to all such work as MM deem necessary, within their sole and absolute discretion, to effect the repairs set 

out overleaf and/or attend to the service as set out overleaf together with any additional instructions which may be given to MM by me/us subsequent to signature hereof. 

I/We will be liable to re-imburse MM for their work done and materials supplied upon the following basis-

1.1.Work done. I/We will be charged in accordance with the prevailing Manufacturer / Importer's Flat Rate Manual with the prevailing hourly labour rate ; and 

1.2. 

Parts and materials supplied shall be charged to me/us at MM’s prevailing price as at the date of supply thereof. 

2. 

Payment for the work done and/or materials and parts supplied calculated in the manner set out in Clause 1 supra shall be made by me/us in cash upon completion of the 

repairs undertaken unless prior credit arrangements have been made in writing. Where credit facilities have been granted to me/us. I/We hereby undertake to pay interest 

on all amounts not settled within 30 (Thirty) days from date of invoice at 2% (Two Percent) above the prime overdraft rate charged by First National Bank Limited from 

time to time. 

3. 

If no credit arrangements have been made as aforesaid I/we hereby acknowledge that MM have an express mechanic’s lien on the vehicle set out on the reverse hereof to 

secure the entire amount which becomes due in terms hereof. 

4. 

Whereas MM endeavors to complete the repairs in good time, no undertaking is given that the vehicle will be ready at any time stated herein and I/we will have no claim 

of whatsoever nature and kind for late delivery. 

5. 

Save as, heirin provided, neither MM’s nor any of its officers, employees or agents shall be liable for any loss, expense, damage, injury or death, whether direct or 

consequential, suffered by me/us as a result of any cause whatsoever whether such loss, expense damage, injury or death is due to breach of contract (whether 

fundamental or otherwise, delict, negligence or any other cause). 

6. 

I/We acknowledge that MM’s liability hereunder shall be limited solely to the reasonable cost of remedying defective or unsatisfactory repairs and for replacing such 

defective parts in respect whereof they were liable provided that such workmanship is brought to MM’s notice in writing within 7 (Seven) days of the defect becoming 

apparent and provided that such defect occurred with 8 (Eight) weeks of the date of repair on completion of 3 200 (Three Thousand Two Hundred) kilometers from date 

of repair, whichever occurs first. No liability whatsoever shall attach to MM for any loss or damage whether general special or consequential, or otherwise resulting from 

any repairs and/or materials or parts used in connection therewith being defective or unsatisfactory for any reason whatsoever. 

7. 

Should the repairs set out on the reverse be invoiced on my/our comprehensive insurers I/we nevertheless agree that I/we are subject to the conditions contained herein 

and I/we will settle any difference should there be a shortfall in payment. 

8. 

I/We hereby consent to the jurisdiction of the Magistrate’s Court in any legal proceedings, the cause of which having arisen out of this agreement, notwithstanding the 

amount in issue. I/We furthermore record that I/we agree that the costs of any litigation arising out of this agreement shall be recoverable by MM if successful against 

me/us on the scale between Attorney and Client. 

9. 

I/We hereby grant MM and/or their representatives and /or employees permission to operate the vehicle described on the reserve hereof on streets, highways or elsewhere 

for the purpose of testing and or inspection. 

10. 

In the event of MM finding it necessary in the course of repairs to work overtime then and in such event I/we authorize MM to work overtime and recover form me/us the 

appropriate amounts due in that regard. 

COPY DOCUMENT repairs in accordance with the provisions of Clauses 1 and 2 supra which shall apply to the rejected portion of my/our claim. In establishing whether such claim is a valid 

warranty claim or not I/we agree to accept the decision of Manufacturer / Importer as final and binding. 

11. 

I/we acknowledge that in the event of the repairs set out on the reverse forming the subject matter of a goodwill claim, I/we will irrespective of the success or failure of 

such claim, pay the full amount due to MM in accordance with the provisions of Clauses 1 and 2 supra; provided that should the amount of such claim be redeemed by 

MM in full and /or part thereof MM shall reimburse to me/us any amount recovered from the manufacturer within 30 (Thirty) days of payment to MM by the 

manufacturer/importer. 

12. 

I/We hereby acknowledge that in the event of the repairs set out on the reverse hereof forming the subject matter of a warranty claim MM’s charges shall not be invoiced 

to me/us but in the event of the Manufacturer / Importer rejecting such claim in whole or in part then and in such event I/we acknowledge liability for payment for such

13. 

Any quotation given by MM for the repairs/parts set out on the reverse shall not be binding on MM unless reduced to writing and signed by MM. Parts prices are as per 

part number quoted and subject to change by the supplier due supersession and/or price amendments. 

14. 

I/We acknowledge that the details given overleaf relating to damages to my/our vehicle are not exhaustive as to all damages present as at date hereof. 

15. 

This order is not subject to cancellation or withdrawal by me/us. 

16. 

Returns for credit are subject to manufacturer /importer policy and prior MM management approval. Specially ordered parts and parts endorsed ‘non returnable’ will not 

be accepted for return. Returns will only be considered within 7 days of invoice date. No returns will be approved for electrical parts nor for parts that have been fitted. 

Correctly supplied parts will be subject to a 15% handling fee. 

17. 

Incorrectly supplied parts may be exchanged (subject to price adjustment) for correct parts without handling fee if claimed within 24 hours of POD. 

18. 

There are no undertakings, warranties, representations or understandings, oral or written express or implied, other than those recorded herein. 

1. Returns for credit are subject to manufacturer /importer policy and prior MM management approval.
2. Specially ordered parts and parts endorsed ‘non returnable’ will not be accepted for return.
3. Returns will only be considered within 7 days of invoice date.
4. No returns will be approved for electrical parts nor for parts that have been fitted.
   

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