TERMS AND CONDITIONS OF THE WARRANTY

1. In this agreement, these words shall have the following meanings:

1.1.      “Accidental Damage” means an accidental chip or crack caused by a small rock or stone which is propelled up onto the windscreen whilst you are driving on a public highway, street or road during normal, daily handling and use and which is not expected and is not caused on purpose and which results in the replacement of the Vehicle’s Windscreen. Accidental Damage DOES NOT include damage caused by normal wear and tear, theft, misplacement, recklessness, intentional or wilful abuse or conduct in handling or using the Product, Vehicle or Windscreen;

1.2.      “Commencement Date” means the date of registration of this warranty through the Website, including the submission of the three specified photos;

1.3.    ”FCR” means Fourways Car Security & Sound, (Registration Number: 2006/208174/07)

1.4.    “Product” means the Fourways Car Security & Sound’ bought by the Purchaser from FCR or a duly authorised distributor of the Nano Liquid and which is properly and professionally applied to the Windscreen of the Purchaser’s Vehicle by a service provider authorised by FCR to do so;

1.5.      “Purchaser” means the person whose personal details are registered on FOURWAYS CAR SECURITY & SOUND’s Website against the unique number issued to this warranty;

1.6.      “Termination Date” – means the date which is six months from the date of purchase of this warranty or the date of renewal hereof OR the date upon which FOURWAYS CAR SECURITY & SOUND refunds the Purchaser after one event of Accidental Damage, whichever date occurs first;

1.7.      “Vehicle” means the vehicle belonging to the Purchaser, the details of which will be registered through the Website on the Commencement Date;

1.8.      “Website” means …….

1.9.      “Windscreen” means the windscreen installed in the Vehicle as at the Commencement Date.

2. This is a limited warranty that is over and above any insurance cover which the Purchaser may have contracted for in respect of the Vehicle and may apply to the excess which may be payable by the Purchaser under such insurance policy.

3. This warranty does not apply to commercial, construction, agricultural, emergency, delivery, towing, rental, racing or industrial vehicles or trucks or to vehicles which are used off-road or on any surface other than a public highway, street or road. This warranty is only applicable to personal use vehicles, driven at the time the Accidental Damage occurs on a paved or tarred public highway, street or road.

4. To confirm that there is no pre-existing damage to or defects in the Purchaser’s Windscreen, that the Windscreen is in good and proper order and condition and that the Product has been properly and professionally applied, the Purchaser is required to upload a photo of the Windscreen at the time of registration on the Website on the Commencement Date. Should FOURWAYS CAR SECURITY & SOUND, in its sole discretion, determine that the Windscreen is damaged or defective or that the Product has not been applied properly, this agreement will lapse and be of no further force or effect.

5. The Purchaser is also required to upload a photo of the Vehicle’s licence and registration disc as well as of the proof of payment made to the service provider that applied the Product to the Windscreen. If the three photos are not uploaded and if the Purchaser doesn’t register the warranty through the Website within one week of the issue of this warranty, it will lapse and be of no further force or effect.

6. In the event of any Accidental Damage, the Purchaser must immediately and on the same day, upload a photo of the Windscreen to the Website. The Purchaser must also inform FOURWAYS CAR SECURITY & SOUND in writing through the Website of the Accidental Damage and, in enough detail, of exactly how, where and when the Accidental Damage happened and exactly what caused the Accidental Damage.

7. FOURWAYS CAR SECURITY & SOUND will thereafter advise the Purchaser in writing whether or not the damage to the windscreen is actually Accidental Damage and whether it is covered by this warranty. FOURWAYS CAR SECURITY & SOUND reserves the right to inspect the vehicle should it in its sole discretion deem it necessary. If FOURWAYS CAR SECURITY & SOUND confirms that the damage is Accidental Damage and that the claim falls within this agreement, the Purchaser will thereafter have a period of three days within which to upload to the website proof of payment made for the replacement of the windscreen.

8. FOURWAYS CAR SECURITY & SOUND will thereafter refund the Purchaser for the cost of the replacement of the windscreen but limited to an amount of R1 000.00. For the refund, FOURWAYS CAR SECURITY & SOUND will use the bank details completed by the Purchaser upon registration on the website. This agreement will thereafter automatically terminate on its own.

9. If the Purchaser fails to provide any information about the Accidental Damage and how it happened, as reasonably requested by FOURWAYS CAR SECURITY & SOUND and/or if the Purchaser fails to upload the photo of the Windscreen, the Purchaser’s claim in terms of this warranty will be refused by FOURWAYS CAR SECURITY & SOUND and this agreement will automatically terminate on its own.

10. This agreement will not apply and FOURWAYS CAR SECURITY & SOUND will not be bound by this agreement if the Product has been removed, damaged, changed or tampered with in any way. Under no circumstances shall the Purchaser allow any remedial work to be carried out on the Product other than by FOURWAYS CAR SECURITY & SOUND.

11. The Purchaser specifically agrees and promises that it will, from the Commencement Date until the Termination Date be and remain the only owner of the Vehicle. The Purchaser will not give ownership or possession of the Vehicle to any other person while this agreement is in existence. It is specifically agreed between the parties that the rights and obligations in terms of this agreement are personal and belong to the Purchaser only and are not transferable to any other person at all.

12. Except for those warranties expressly given by the manufacturer of the Product and which may have already come with the Product when it was purchased and except for the warranty bought by the Purchaser from FOURWAYS CAR SECURITY & SOUND in terms of this agreement, FOURWAYS CAR SECURITY & SOUND gives no other warranties, guarantees or assurances and makes no promises, representations or statements to the Purchaser of or concerning the Product.

13. The Purchaser shall be entitled to renew this warranty with payment in the sum of R200.00 to be made to the dealership that applied the Product. The Purchaser shall thereafter have one week within which to re-register on the Website and upload three new clear photos of the Windscreen on that date, the licence registration disc for the Vehicle and one of the proof of payment of the renewal fee of R200.00, failing which the warranty will be of no force or effect. FOURWAYS CAR SECURITY & SOUND shall be entitled to refuse the renewal on notice to the Purchaser to be provided one month prior to the Termination Date.

14. The Purchaser expressly agrees that under no circumstances at all shall FOURWAYS CAR SECURITY & SOUND, its employees or agents be responsible to the Purchaser for any special, indirect, consequential, incidental or exemplary damages or loss of future business or goodwill, however it may arise, whether in contract or delictor as a result of the failure by FOURWAYS CAR SECURITY & SOUND to comply with any of its obligations in terms of this agreement or otherwise or as a result of any failure or defect in the Product or its application to the Windscreen or normal wear or tear, or the operation of the Vehicle or where the Vehicle has been modified beyond a manufacturer’s specification and which results in a failure of the Product. 

15. The Purchaser further agrees that FOURWAYS CAR SECURITY & SOUND shall not be responsible for any damage caused by a collision, fire, theft, freezing, vandalism, flood or for any hazard insurable under standard physical damage insurance policies, whether or not such insurance is in force with respect to the Vehicle. 

16. It is specifically agreed between the parties that FOURWAYS CAR SECURITY & SOUND’s liability in terms of this agreement shall at all times be limited to R1 000.00.

17. The Purchaser acknowledges that in order to give effect to the contractual relationship between the parties, FOURWAYS CAR SECURITY & SOUND is required to receive, process and store the Purchaser’s personal information as defined in terms of the Protection of Personal Information Act 4 of 2013. The Purchaser consents to FOURWAYS CAR SECURITY & SOUND receiving, processing and storing the Purchaser’s personal information and FOURWAYS CAR SECURITY & SOUND agrees to only use the personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed in terms of this agreement.

18. FOURWAYS CAR SECURITY & SOUND is allowed to recover from the Purchaser all costs and expenses which FOURWAYS CAR SECURITY & SOUND incurs as a result of any breach of this agreement by the Purchaser including all legal costs (including costs on an attorney and own client scale and collection commission which includes and means all of the attorney’s/s’ costs which are payable by the successful party to its attorney).

19. Any indulgence shown to the Purchaser will not be a waiver or novation of FOURWAYS CAR SECURITY & SOUND’s rights. No waiver made by FOURWAYS CAR SECURITY & SOUND to the Purchaser shall be valid unless in writing and will only apply to the matter in respect of which it has been made. No indulgence by FOURWAYS CAR SECURITY & SOUND shall operate as an estoppel against it in respect of any of its rights in terms of this agreement, nor shall it work so as to stop FOURWAYS CAR SECURITY & SOUND from exercising its rights strictly in accordance with this agreement at any other time.

20. The Purchaser warrants that the information given in this agreement and on the Website is and will be true and correct and that the Purchaser has taken note of and agreed to all of FOURWAYS CAR SECURITY & SOUND’s terms and conditions.

21. No change to or of these terms and conditions will be valid unless in writing and signed by both parties.

22. If any term of this Agreement is held to be unenforceable or invalid by any court of law, such term shall be severable from this Agreement and shall not affect the other terms and conditions of this Agreement which shall remain in full force and effect. If it is possible to change an unlawful term or condition so as to make it valid, the parties agree to work together in good faith to make such a change.

These terms and conditions are the whole agreement between the parties and any other terms, whether express or implied are excluded from and do not form a part of this agreement.

By accepting these terms & conditions, he/she acknowledging and agreeing that he/she has read and understood the terms and conditions of this agreement.