Legal Disclaimer

This Legal Disclaimer (“Disclaimer”) is issued by BGM Trading 75 (Pty) Ltd, trading as Point S Mbombela (“we”, “us”, “our”), a company registered in South Africa with its principal place of business at 3 Silva Street, Mbombela (Nelspruit), Mpumalanga, South Africa.

By instructing us to carry out any vehicle fitment, repair, or service work (the “Services”), whether the instruction is given verbally, in writing, electronically, or otherwise, you — the vehicle owner or authorised representative (“Customer” or “you”)
— acknowledge and agree to the following terms and conditions:

1. Scope of Services and Acceptance
1.1. You authorise us, our employees, agents and subcontractors to perform the Services as instructed by you, including any additional or incidental work that we reasonably deem necessary for the safe and proper completion of the Services.
1.2. You confirm that you are the lawful owner or authorised custodian of the vehicle (“Vehicle”) and that you have disclosed all relevant and known information regarding the Vehicle’s condition, including previous damage, defects, modifications or safety concerns before the commencement of any work.
1.3. We undertake to perform the Services with reasonable skill, care and diligence in accordance with accepted industry standards.
2. Acknowledgement of Risk
2.1. You acknowledge that any vehicle repair, service or fitment work involves inherent risk, including but not limited to mechanical failure, damage, loss or theft of the Vehicle or items within it, even when reasonable care is exercised.
2.2. You accept that all Services are carried out at your sole risk, subject to the limitations provided for in this Disclaimer.
3. Pre-Existing Conditions and Customer Responsibility
3.1. We are not responsible for any pre-existing conditions, faults or defects in the Vehicle that existed prior to the provision of the Services, whether disclosed or undisclosed.
3.2. The Customer is responsible for notifying us of all known issues, modifications or prior damage. Any quotation or estimate is based on the information available to us at the time of assessment.
3.3. Discovery of additional faults during the performance of the Services may result in additional costs, which will be communicated to you before further work proceeds.
4. No Guarantee of Outcome
4.1. While we will exercise due care and skill, we do not guarantee that the Vehicle will thereafter perform without fault or that further repairs will not be required.
4.2. We are not liable for subsequent failure, malfunction or defect arising from normal wear and tear, improper use, road conditions, pre-existing damage or any cause beyond our control.
5. Damage, Loss or Theft
5.1. While the Vehicle is in our possession, we will take reasonable precautions to protect it. However, except in cases of our gross negligence or willful misconduct, we shall not be liable for: – loss or theft of the Vehicle or any part thereof; – damage to the Vehicle from any cause outside our reasonable control; or – loss or theft of personal effects or property left in the Vehicle.
5.2. Nothing in this Disclaimer excludes or limits liability that cannot be excluded under the Consumer Protection Act, 2008 (Act 68 of 2008) or any applicable law, including liability for death or personal injury caused by our gross negligence or willful misconduct.
6. Vehicle Testing & Road Use
6.1. The Customer acknowledges that we may, as part of the Services, drive the Vehicle on public roads for the purposes of testing, diagnostics, verifying repairs or fitment.
6.2. The Customer agrees that any damage, accident, loss or injury that may occur while the Vehicle is being driven by our staff on public roads shall be covered by the Customer’s insurance policy in respect of the Vehicle and shall include third-party claims.
6.3. The Customer hereby indemnifies and holds harmless BGM Trading 75 (Pty) Ltd, its officers, employees, agents and subcontractors from any and all claims, losses, damage or liabilities of any nature whatsoever arising from or in connection with such road use, including claims by third parties, except to the extent caused by our gross negligence or willful misconduct.
7. Right to Refuse or Suspend Work

We reserve the right, at our sole discretion, to refuse to undertake or to suspend any Services if we consider the Vehicle unsafe, unroadworthy, or likely to pose a risk to our personnel or property, or for any other reasonable cause. We accept no liability for any resulting loss, cost or inconvenience.

8. Ownership of Parts and Unpaid Work
8.1. All parts, accessories, materials and components supplied and/or fitted by us remain our property until all amounts due for the Services have been paid in full.

8.2. In the event of non-payment within the agreed period, we reserve the right to remove such parts or to exercise a lien over the Vehicle until payment has been received in full. This right is in addition to any other remedies available to us under law.
9. Claims and Notification
9.1. Any claim relating to loss, damage or theft must be submitted to us in writing within 24 hours of the Vehicle being collected or returned to you.
9.2. Failure to notify us within this period will release us from any liability in respect of such claim, to the extent permitted by law.
9.3. You must allow us a reasonable opportunity to inspect the Vehicle and, where appropriate, to repair or remedy any alleged defect before the Vehicle is repaired by another party.
10. Indemnification

You agree to indemnify, defend and hold harmless BGM Trading 75 (Pty) Ltd, its officers, employees, agents, contractors and successors against all claims, losses, damages, liabilities and expenses (including legal costs on an attorney-and- own-client scale) arising from or in connection with the Services or the Vehicle, except to the extent caused by our gross negligence or willful misconduct.

11. Limitation of Liability
11.1. Our total aggregate liability to you for any claim, loss or damage arising out of or in connection with the Services shall not exceed the total amount paid by you for the specific Services to which the claim relates.
11.2. We shall not, under any circumstances, be liable for any indirect, consequential, incidental, special or punitive damages, including but not limited to loss of profit, revenue or use.
11.3. Nothing in this clause limits or excludes our liability where such exclusion would be unlawful under South African law.
12. Amendments

We reserve the right to amend, update or replace this Disclaimer at any time without prior notice. The version of the Disclaimer in force at the time the Services are carried out will apply.

13. Governing Law and Jurisdiction

This Disclaimer and any agreement or dispute arising from it shall be governed by and construed in accordance with the laws of the Republic of South Africa, and the parties consent to the non-exclusive jurisdiction of the South African courts.

14. Conspicuousness and Interpretation
14.1. We have taken reasonable steps to bring this Disclaimer to your attention in a clear and understandable manner, in compliance with section 49 of the Consumer Protection Act, 2008.
14.2. If any provision of this Disclaimer is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement and Acceptance

This Disclaimer constitutes the entire agreement between the Customer and BGM Trading 75 (Pty) Ltd t/a Point S Mbombela in respect of the Services and supersedes all prior communications, representations or agreements, whether written or oral. By instructing us to proceed with any Services, you acknowledge that you have read, understood and agreed to be bound by the terms of this Disclaimer.