Warranties and Guarantees


1.1.1. No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this agreement shall be binding on JC Custom Tech, the dealer irrevocably waiving any right (common law or otherwise) it may have to rely thereon, and the goods are purchased on the basis that they are taken voetstoots and with the exclusion of all common law and other remedies including aedilitian remedies, whether as to the suitability of the goods sold for any specific purposes or (without limiting the generality of the aforegoing) otherwise;

1.1.2. To the extent that goods supplied by JC Custom Tech are in any way defective, the dealer shall be entitled, within 1 year of the delivery of the relevant goods, to claim the replacement or repair of the goods to eliminate any defect in workmanship or materials found to be due exclusively to any acts or omissions on the part of JC Custom Tech. The dealer shall within 10 days after the defect arises, notify JC Custom Tech of the alleged defect, provided that JC Custom Tech shall have been given a reasonable opportunity of inspecting any alleged defect. JC Custom Tech shall notify the dealer of the decision of JC Custom Tech regarding the alleged defect, which decision shall be binding on the dealer. JC Custom Tech’s liability shall be limited on return to the purchase price of the goods;

1.1.3. In order to be valid, a claim in terms of the guarantee as set out in clause 13.1.2 must be in writing, specifying the alleged defect, and supported by the original tax invoice. In addition, the goods must be returned by the dealer to JC Custom Tech at the dealer’s expense, packaged in their original undamaged packaging material;

1.1.4. The parties agree that JC Custom Tech shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the goods and whether or not occasioned by JC Custom Tech’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing JC Custom Tech does not warrant that the goods will be fit for the purposes for which they are to be used by the dealer (notwithstanding that the use to which the dealer intends to put the goods is known to JC Custom Tech). For the purposes hereof, any reference to JC Custom Tech shall include its servants, agents, contractors or any other person for whose acts or omissions JC Custom Tech may be liable in law (the agreement between JC Custom Tech and the dealer as contemplated in this clause is for the benefit of JC Custom Tech’s servants, agents or any other persons for whom JC Custom Tech is liable for in law);

1.1.5. JC Custom Tech shall be relieved of all obligations in terms of this clause 13, if: repairs or modifications have been made by persons other than JC Custom Tech, unless such repairs or modifications are made with the prior written consent of JC Custom Tech; any goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by JC Custom Tech; the goods shall not have been operated or maintained in accordance with JC Custom Tech’s instruction, or under normal use, or the goods shall not have been properly installed.

1.1.6. If repairs or replacements are effected by JC Custom Tech, only the parts actually worked on and not the complete goods shall be subject to a new guarantee, if any, hereunder;

1.1.7. The dealer who acquires goods for the purpose of on-selling those goods, whether that dealer is permitted to do so or not (and nothing herein contained shall be deemed to allow the dealer to on-sell goods acquired from JC Custom Tech whilst ownership vests in JC Custom Tech), shall not advertise or issue or in any other way give or make any warranties, guarantees or representations as to the goods in any form whatsoever or offer to do so, which could result in liability being imposed upon JC Custom Tech;

1.1.8. The above warranties are subject to the following conditions: JC Custom Tech shall be under no liability to the dealer until the dealer has paid the full amount due to JC Custom Tech in respect of the goods concerned; JC Custom Tech shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow JC Custom Tech instructions (whether oral or in writing), improper use outside JC Custom Tech’s specifications, damage to the goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorised alterations or modifications of the goods; JC Custom Tech shall be under no liability in respect of parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified and published service intervals (“consumable parts”); JC Custom Tech shall be under no liability in the event that spare parts and consumable parts other than those recommended for use by JC Custom Tech are fitted, attached or used on the goods.

1.1.9. Notwithstanding anything to the contrary in this agreement, JC Custom Tech shall not be liable to the dealer by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this agreement, for any consequential loss or damage (whether for loss or profit or otherwise and whether occasioned by the negligence of JC Custom Tech or its employees or agents or otherwise) arising out of or in connection with any act or omission of JC Custom Tech relating to the supply of the goods, their resale by the dealer or use by any third party.


1.2.1. Within 6 months after delivery of the goods to the dealer, the dealer may return the goods to JC Custom Tech, without penalty, if the goods do not satisfy the requirements and standards contemplated in Section 55 of the CPA in which event JC Custom Tech may either:
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund the dealer for the price paid by the dealer for the goods.

1.2.2. In the event of JC Custom Tech repairing any particular goods or component of such goods and within 3 months of that repair, the failure or defect or unsafe features not being remedied or a further failure, defect or unsafe feature is discovered, JC Custom Tech shall:
(a) replace the goods; or
(b) refund the dealer the price paid by the dealer for the goods.

1.2.3. The aforesaid warranty exists in addition to an express warranty or condition stipulated by the producer or importer as the case may be;

1.2.4. In the event of JC Custom Tech providing any new or reconditioned parts installed during any repair or maintenance work and the labour required to install it, such work and parts will be warranted for a period of 3 months after date of installation or such longer period as JC Custom Tech may specify in writing;

1.2.5. This warranty is subject to the parts, goods and/or property not being misused or abused and does not apply to any ordinary wear and tear having regard to the circumstances in which it was intended to be ordinarily used.


2.1.1. JC Custom Tech reserves the right to levy a reasonable handling charge on goods that are or have been returned for credit to and accepted by JC Custom Tech.

2.1.2. JC Custom Tech reserves the right to charge a reasonable fee for the costs or any losses occasioned by the return of any software to JC Custom Tech in whatever form. This excludes software that is sold as part of a bundle with other goods.

2.1.3. Software that has been opened/used/activated will not be accepted for credit by JC Custom Tech.