Terms & Conditions

1. General Provisions:

1.1 All performances by DEKRA are based on these terms and conditions. Any deviating or opposing conditions from the customer will not be recognized, unless DEKRA expressly confirms it in writing.

1.2 These terms and conditions apply to all customers of DEKRA.

1.3 No service will be rendered by DEKRA without a proper order. Orders may not be forwarded at a later stage and should accompany the vehicle to be tested. DEKRA reserves the right to decline services without a valid order.

1.4 Only authorised personnel of the customer may collect vehicles. Proof of such authorisation together with a valid South African identity document will be required prior to any collection of vehicles.

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2. Order placement/ Application:

2.1 No services will be rendered by DEKRA without an order electronically or in writing. Any deviation from this term will be at the discretion of DEKRA. DEKRA reserves the right to decline any service request without a valid order.

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3. Delivery of Services/Performance:

3.1 DEKRA shall carry out its performance impartially, neutrally and according to generally accepted standards of the industry at the time of delivery of requested services.

3.2 The customer shall provide DEKRA with all relevant information relating to the service requested by the customer in order for DEKRA to properly conduct the service requested. Failure to supply DEKRA with all relevant information relating to a specific service requested, may result in DEKRA withdrawing any reports provided for service requests. The customer indemnifies DEKRA against any loss, damages or harm suffered due to inaccurate information given by the customer at the time the test is conducted by DEKRA.

3.3 DEKRA will only conduct tests in terms of a valid order provided as per clause 2 above. No additional tests will be conducted by DEKRA unless the service request is made in writing in terms of a valid order.

3.4 DEKRA only provides the following services:

3.4.1 DEKRA roadworthy.

3.4.2 DEKRA multi-point check.

3.4.3 DEKRA technical inspection.

3.4.4 DEKRA safety check.

3.4.5 DEKRADOT.

3.4.6 DEKRA number plates.

3.4.7 DEKRA license / registration.

3.4.8 DEKRA condition report.

3.4.9 DEKRA condition report for finance houses.

3.4.10 DEKRA microdot verification.

3.5 No other services will be conducted by DEKRA. Any other services requested must be in writing and DEKRA reserves the right to decline such request. Should DEKRA performs such requested service, any report forthcoming from such service rendered by DEKRA will merely be the opinion of DEKRA. DEKRA takes no responsibility insofar the customer applies the report.

3.6 Depending on the volume of service requests received by DEKRA on any given day, the services provided by DEKRA will be conducted as soon as possible after receipt of a valid order by the customer. The customer does not have the right to cancel any request for service in the event that DEKRA is unable to provide a requested service on the expected date of completion.

3.7 DEKRA may suspend the delivery of services in the event that the customer is in breach of any of the terms contained herein.

3.8 DEKRA reserves its right to deny a service request received by a customer.

3.9 The customer indemnifies DEKRA for any loss, damage or consequential damage to a vehicle in the event that the vehicle is not removed from a DEKRA premises after performance of a requested service by DEKRA. A request by the customer to store a vehicle, must be made in writing. DEKRA reserves its right to deny any such request.

3.10 Viz major, strikes, lock-outs, differences in workmen, faulty machinery, failure of usual sources of supply of equipment and material, acts of government or quasi government or legislation, or other contingencies beyond the control of DEKRA, shall be sufficient justification for any delay or suspension of delivery of a requested service. DEKRA will render the requested service as soon as reasonably possible and any request for service received by DEKRA may not be cancelled.

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4. Price:

4.1 DEKRA's standard rates and charges will apply at the time of the performance of any service request received by DEKRA and the customer agrees that the standard rates and charges are deemed to be fair and reasonable.

4.2 Quotations provided by DEKRA for specific service requests are estimates only and shall not be binding upon DEKRA.

4.3 DEKRA reserves its right to increase its standard rates and charges for service requests without prior notice to customers.

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5. Payment:

5.1 All invoices provided to a customer by DEKRA for services rendered are payable, without deduction or offset, immediately upon presentation thereof and prior to the collection of vehicles unless it is alternatively agreed upon by DEKRA in writing.

5.2 Payment will be affected by way of electronic transfer, cash or card facilities only. No other form of payment will be accepted.

5.3 DEKRA reserves its right to demand a cash deposit or partial payment prior to any service being rendered in terms of a service request received by a customer.

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6. Suretyship:

6.1 Any person signing a service request with DEKRA on behalf of a customer in a representative capacity confirming the acceptance of these conditions, by his signature, binds himself as surety and co-principal debtor in solidum with the customer for payment by him to DEKRA for all amounts which at any time become due and owing to DEKRA.

6.2 Such suretyship can only be cancelled by DEKRA in writing provided that all amounts owing by the customer to DEKRA at that stage have been settled in full.

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7. Warranty and Representation:

7.1 Insofar as DEKRA renders services, the customer agrees that DEKRA does not warrant any specific result, but only render services, and that necessary decisions to be made in regard to the services to be rendered fall in the decision and risk area of the customer alone.

7.2 In the event that defects relating to the service requested occur within the warranty period, DEKRA shall be entitled to remedy the defects in such a way as it may deem fit.

7.3 No other warranty relating to any service rendered by DEKRA, other than that stipulated in the Consumer Protection Act, Act 68 of 2008, is given.

7.4 Complaints relating to services rendered by DEKRA, shall be made to DEKRA in writing, within 14 (Fourteen) days after delivery of the inspected vehicle, failing which, vehicles tested by DEKRA will be regarded as properly inspected and delivered to the customer.

7.5 DEKRA shall not be liable for any claim for injury, loss and damages, consequential or otherwise, relating to services performed by DEKRA, unless arising from the breach of a specific warranty.

7.6 All vehicles are left at the owner's risk and the customer herewith indemnifies DEKRA against any loss, damages suffered or theft of any of the property belonging to the customer.

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8. Liability:

8.1 DEKRA shall not be liable to the customer for injury, loss damages, consequential or otherwise, arising out of any breach by DEKRA of any of its obligations in terms of these terms and conditions.

8.2 DEKRA is not responsible for latent/hidden defects which may be discovered after the inspection of a vehicle by DEKRA, opinions expressed, or advice given.

8.3 In the event of a disagreement / dispute of the content of a report, no components may be removed or replaced until such time that DEKRA has been given the opportunity to qualify any specific report given.

8.4 All reports/tests conducted by DEKRA are visual and functional observations of all items listed in a report for which a service is requested.

8.5 DEKRA does not inspect oil and fuel consumption, source of a leak if the area is dirty, oil pump strainer for any build-up of sludge, operation of cassette, compact disc players, sound, radio reception, USB functions, alarm systems or cylinder compression.

8.6 Wheels and brake drums will not be removed.

8.7 DEKRA does not dismantle, remove or strip any part of a vehicle.

8.8 No repair work will be done on vehicles by DEKRA.

8.9 DEKRA's mandate in terms of their “service request” does not include accident appraisals of vehicles to be tested by DEKRA. DEKRA will only identify the presence of possible repair work done on a vehicle at the time of testing and no such indication by DEKRA may be implied to confirm the existence of prior accidents/incidents that a vehicle tested by DEKRA might have been involved in. The customer takes full responsibility to establish whether the vehicle tested by DEKRA was involved in prior accidents/incidents.

8.10 All testing on vehicles by DEKRA are done within the immediate confines of the inspection location and premises.

8.11 All claims against DEKRA shall prescribe within 12 (twelve) months from date of receipt of a report done by DEKRA, by a customer.

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9. Cancellation:

9.1 If a customer commits a breach of any of these terms and conditions, DEKRA may: -

9.1.1 Summarily cancel the contract by giving the customer written notice to that effect, without prejudice to any other rights DEKRA has, including claiming for services already rendered, as a result of such breach;

9.1.2 Proceed to enforce the customer's compliance with any one or more terms and conditions contained herein by way of an order for specific performance with or without damages;

9.2 In the instance that DEKRA should appoint legal representation to collect any outstanding monies due by a customer, or institute any legal action against any customer relating to services rendered by DEKRA under these terms and conditions, the customer shall be liable for all legal costs, including collection commission of 15% (fifteen percent) and all other charges on an Attorney and client scale.

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10. Jurisdiction:

The customer consent to the jurisdiction of the High Court of South Africa, North Gauteng Division, Pretoria in the event that legal action is instituted by DEKRA against a customer in terms of these terms and conditions.

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11. Domicilium:

The customer nominates as its domicilium citandi et executandi the physical address reflected on the face of the invoice for service upon it of all notices and processes in connection with any claim arising in terms of these terms and conditions.

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12. Severability

Save to the extent contemplated herein, the parties hereto acknowledge and agree that each phrase, sentence, paragraph and clause of these terms and conditions is severable, the one from the other, notwithstanding the manner in which they may be linked together or grouped automatically and if in terms of any judgment or order, any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining phrases, sentences, paragraphs and clauses, as the case may be, shall nevertheless continue to be of full force and effect.

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