NMI 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.

Returns are subject to Management/Manufacturers approval and a handling fee of 20% will apply.

Special order and Back ordered parts cannot be cancelled, and are strictly non-returnable (Full payment will be required before ordering)

Electronic parts are strictly non-returnable. If deemed faulty, Manufacturer’s warranty policy will apply.

Special Orders cannot be cancelled; (OTC full payment will be required before ordering).

Personal Information processing laws

In many territories around the world, including in the European Union (EU), the United Kingdom (UK), Singapore, 

Canada, New Zealand (NZ), California and in South Africa (SA), legislators have defined under various data 

protection laws, certain data processing principles and related standards, for the protection of personal data, 

some laws which apply to natural persons only, and some, such as the South African law known as the 

Protection of Personal Information Act, 14 of 2013 (“POPIA”), which applies to both natural and legal persons, 

including the requirement that such personal information may only be transferred to other countries if the local 

law applicable at the place of destination provides for similar levels or standards of data protection, as that 

afforded by the territory or country from where the personal information is transferred. 

Areas where the Group companies process personal data

The Group is a business-to-business services, trading and distribution entity operating in the areas of consumer, 

pharmaceutical and industrial products, financial services, freight management, office and print solutions, 

outsourced hard and soft services, travel services and automotive retailing. Despite being rooted in Southern 

Africa, the Group companies operate both locally and internationally. 

Inherent in the provision of these goods and services, the companies in the Group continually have access to 

and need to process personal information and information relating to individuals and legal entities, which 

processing takes place in Southern Africa, the United Kingdom, Ireland, Spain, Germany, Hong Kong, the Isle 

of Man and Mauritius.

Failure to comply with the data protection laws, may have severe consequences for the Group, including criminal 

sanctions, civil claims and damages and potential administrative fines of up to R10 million in South Africa, and 

up to €20 million or 4% of the Group’s total worldwide annual turnover, whichever is higher, in the EU. 

This Policy sets out how the various Group companies process personal information in order to meet the data 

protection standards of the Group and in order to comply with the legal standards which apply in the territories 

where such processing takes place.