Last Updated: February 14, 2024
Welcome to International Panel Shop. These Comprehensive Terms of Service ("Terms") govern all repair services provided by International Panel Shop ("we," "us," or "our") to you, the customer ("you" or "your"). By dropping off your vehicle, requesting a quotation, authorizing repairs, or engaging in any business with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Scope of Services and Limitations of Liability
1.1. Core Services: International Panel Shop specializes exclusively in professional auto-body repair, encompassing panel-beating and spray-painting. Our services are strictly limited to the exterior bodywork and finish of your vehicle.
1.2. Exclusions from Responsibility: We expressly state that International Panel Shop cannot and will not be held responsible for any damage, malfunction, or issues related to, but not limited to, the following vehicle components or systems, as they fall outside our specialized scope:
* Vehicle Glass (windshields, windows, mirrors)
* Upholstery and Interior Components (seats, carpets, dashboard, trim, etc.)
* Mechanical Components (engine, gearbox, suspension, brakes, steering, drivetrain, etc.)
* Electrical Systems (wiring, ECU, lights, infotainment, sensors, modules, etc.)
* Electronic Systems (including but not limited to dashboard errors, warning lights, sensor malfunctions, sonar systems, advanced driver-assistance systems (ADAS), navigation systems, or any other electronic or software-related issues.)
1.3. Electrical and Electronic Issues Disclaimer: You acknowledge that vehicle collisions and subsequent bodywork repairs can, at times, reveal or exacerbate pre-existing electrical or electronic issues, or create new ones unrelated to direct body damage (e.g., issues with wiring harnesses that only become apparent upon stripping, or sensor calibrations required after reassembly). Replacing a body part does not, in itself, resolve or prevent electrical or electronic malfunctions. International Panel Shop explicitly disclaims any responsibility or liability for such electrical or electronic issues. Any diagnosis, repair, or recalibration of these systems must be performed by your vehicle's authorized dealership or a qualified auto-electrician, and all associated costs are your sole responsibility. For further understanding of potential electrical complications post-collision, please refer to: https://www.galceranautoelectric.com/About/News/ArticleID/199/Short-Circuits-and-Blown-Fuses-Electrical-Issues-After-a-Car-Collision.
1.4. Outsourced Services and Third-Party Responsibility: For services that fall outside our core expertise (e.g., glass replacement, upholstery repairs, mechanical diagnostics, electrical work), we may, with your implied consent upon accepting our quotation, engage reputable third-party service providers ("Outsourced Businesses"). While we exercise due diligence in selecting these Outsourced Businesses and will endeavor to mediate any legitimate concerns you raise regarding their work, International Panel Shop explicitly states that we cannot be held liable or responsible for the quality of workmanship, parts, or any damages, delays, or issues arising from the services performed by these independent Outsourced Businesses. Should you prefer, you have the option to arrange for your own alternative, qualified Outsourced Business to perform such specialized work at your sole cost and risk, in which case International Panel Shop will cooperate reasonably with your chosen provider.
2. Quotations and Authorization for Repairs
2.1. Acceptance of Quotation: By accepting a written or verbal quotation from International Panel Shop, you expressly authorize us to proceed with the specified repairs, parts acquisition, and services on your vehicle.
2.2. Estimated Costs and Additional Work: The quotation provided is an estimate based on our initial assessment. While we strive for accuracy, unforeseen additional damage, parts required, or labor may be identified during the repair process. Any additional repairs or costs exceeding the original quotation by [Insert Percentage, e.g., 10% or R value] will require your prior verbal or written approval before proceeding. Failure to obtain such approval within a reasonable timeframe may result in delays.
2.3. Pre-Authorisation: In accordance with the Consumer Protection Act (CPA), we will not commence with any chargeable repair, service, or diagnostic work without your prior authorization.
3. Estimated Completion and Vehicle Collection
3.1. Estimated Timeframes: Any dates or times provided for the commencement, delivery, or completion of the work are strictly estimates only. While we make every reasonable effort to adhere to these estimates, no exact delivery date or time is guaranteed. Factors such as parts availability (especially for imported or specialized components), unforeseen complexities in repairs, or force majeure events may cause delays.
3.2. Notification of Delays: Should the repairs take longer than initially estimated, our administrative staff will endeavor to notify you promptly of the revised timeframe.
3.3. Vehicle Collection Notification: You will be notified by telephone, WhatsApp, or email when your vehicle's repairs are complete and it is ready for collection.
3.4. Storage Fees:
* If your vehicle is not collected within 24 hours of the completion notification, a daily storage fee of R450.00 (Four Hundred and Fifty Rand) will be charged to your account. This fee will accrue daily, including weekends and public holidays, until the vehicle is fully collected and all outstanding amounts are settled.
* This storage fee will not apply if a prior written arrangement for a delayed collection has been explicitly agreed upon and confirmed by International Panel Shop.
3.5. Uncollected Vehicles and Disposal:
* If the repairs are not paid for, or the vehicle remains uncollected at International Panel Shop for a period exceeding 4 (four) months from the date of the completion notification, you acknowledge and agree that International Panel Shop reserves the right to hand over the vehicle to Salvage Genie (https://salvagegenie.co.za/) for lawful disposal to recover all outstanding charges, including repair costs, accumulated storage fees, and any other associated expenses.
* At the point of handover to Salvage Genie, all future dealings regarding the vehicle, its recovery, or any financial matters, will be directly between you and Salvage Genie, and International Panel Shop will no longer be involved in any way whatsoever.
* By accepting this quotation, you explicitly acknowledge and agree that International Panel Shop may deal with your vehicle (with or without a specific court order, subject to applicable South African law, including the CPA and the law of lien) as it deems fit for the purpose of recovering any amounts due to International Panel Shop, including repair costs and accumulated storage fees, if you fail to pay the bill for repairs/replacement parts or have left the vehicle on our premises for more than one month. You hereby irrevocably indemnify International Panel Shop against any claims of whatsoever nature that may be brought against International Panel Shop now or in the future by yourself, your successors in title, beneficiaries, or any other third party, arising from such lawful disposal or recovery actions.
4. Payment Terms
4.1. Payment Due Upon Collection: Full payment for all repair services, parts, and any accrued storage fees is due immediately upon the completion of the work and prior to the release of your vehicle.
4.2. Payment Methods: We accept payment via Cash or Electronic Funds Transfer (EFT). Please note that card payments are subject to an additional charge of 3% (three percent) of the total quotation value, which will be added to your final invoice.
4.3. No Release Without Payment: Under no circumstances will any vehicle be released to you or your representative without full settlement of all outstanding amounts.
4.4. Cancellation, Deposits, and Interruption of Services:
4.4.1. Deposits and Advance Payments: Any deposit or advance payment made by you to International Panel Shop signifies your firm commitment to the authorized repairs and covers initial administrative costs, part procurement, and workshop scheduling. Such payments are considered partially earned upon receipt, reflecting the allocation of resources to your repair.
4.4.2. Cancellation by Customer (Before Work Commencement):
* Should you choose to cancel authorized repairs after making a deposit or advance payment but before the physical commencement of repair work (panel-beating or spray-painting) or the ordering of specific, non-returnable parts unique to your vehicle, International Panel Shop reserves the right to levy a cancellation fee of 15% (fifteen percent) of the deposit paid, or a minimum of R750.00 (Seven Hundred and Fifty Rand), whichever is greater. This fee is to cover administrative processing, banking charges, and the opportunity cost of reallocating workshop resources.
* Any remaining balance of your deposit will be refunded within 15 business days of written cancellation notice and confirmation of the cancellation fee.
4.4.3. Interruption or Cancellation by Customer (During Work in Progress):
* If you instruct International Panel Shop to stop work or cancel the authorized repairs at any point after work has physically commenced (i.e., vehicle stripped, panel work started, painting commenced, or specialized parts ordered and received), you will be liable for all costs incurred up to the point of cancellation. This includes, but is not limited to:
* Full payment for all labor performed up to the point of interruption, calculated at our standard hourly rates.
* Full cost of all parts ordered or fitted that are specific to your vehicle and cannot be returned to suppliers or resold.
* Costs associated with disassembling, reassembling, or securing the vehicle to a safe and transportable state, if applicable.
* Any administration fees and bank charges related to the initial payment and refund process.
* You acknowledge that partially completed work may leave your vehicle in a disassembled state, and reassembly or securing it for collection may incur additional charges.
* No refund of any deposit or advance payment will be made if the total incurred costs (as per this clause) exceeds the deposit amount. You will be liable for any shortfall.
4.4.4. Recovery of Costs for Interrupted Work: In the event of a mid-work cancellation where incurred costs are outstanding, International Panel Shop retains its right of retention (lien) over your vehicle and its contents until all due amounts are settled. Failure to settle these costs may result in the actions outlined in Section 3.5 (Uncollected Vehicles and Disposal).
4.4.5. Exceptions to Cancellation Fees: No cancellation fee or liability for full incurred costs will apply if you are unable to honour the booking or order due to:
* The death of the person for whom, or for whose benefit, the repair was booked.
* The hospitalization of the person for whom, or for whose benefit, the repair was booked.
* A material breach of contract by International Panel Shop, or a documented failure on our part to perform the service to the agreed standard (as distinct from your change of mind).
4.4.6. Refund Process (where applicable): Any refunds due will be processed within 15 business days from the date the cancellation is accepted and all final costs are determined. Refunds will typically be made via EFT to your nominated bank account.
5. Warranty on Repairs and Parts
5.1. Genuine Parts and Workmanship Warranty: International Panel Shop primarily utilizes new, genuine parts in the execution of repairs. We warrant any such new, genuine part installed during the Work and the labor required for its installation, for a period of 3 (three) months from the date of such installation, subject to the conditions herein.
5.2. Paintwork Warranty: Our paintwork is warranted for a period of 1 (one) year from the date of collection, provided that the overall paintwork on the vehicle is properly cared for, including regular cleaning and waxing (recommended 3 to 4 times per year). This warranty specifically covers fading, peeling, or significant discoloration directly attributable to our paint application process, under normal environmental conditions.
5.3. EXCLUSION OF WARRANTY ON AFTERMARKET AND SECOND-HAND PARTS: There is absolutely NO WARRANTY, express or implied, on any aftermarket or second-hand parts supplied or fitted at your request. The use of such parts is entirely at your own risk and expense. You acknowledge that these parts may not meet original equipment manufacturer (OEM) specifications, may have a shorter lifespan, or may not perfectly match in appearance or fitment compared to genuine parts. International Panel Shop explicitly disclaims all liability for any defects, failures, or issues arising from the use or performance of aftermarket or second-hand parts. We will inform you if aftermarket or second-hand parts are being used for your repairs.
5.4. NO WARRANTY ON RUST REPAIRS: Rust repairs are inherently challenging and are not guaranteed for any period. Rust is a corrosive process originating within the metal itself, and while we apply professional techniques, including the use of rust converters, and quality paint, the paint surface (being a plastic) is susceptible to environmental elements, which can allow moisture to penetrate and reactivate the underlying rust. Therefore, International Panel Shop cannot guarantee the long-term prevention of rust re-occurrence in repaired areas.
5.5. General Warranty Exclusions and Conditions: Any applicable warranty provided by International Panel Shop will be immediately voided under the following circumstances:
* If you fail to strictly comply with the terms and conditions of such warranty.
* It does not apply to ordinary wear and tear, normal usage of the vehicle, or depreciation.
* If the vehicle or the repaired parts have been subjected to misuse, abuse, accidental damage (subsequent to our repairs), neglect, or any repairs, modifications, or tampering not carried out or authorized by International Panel Shop.
* The warranty does not cover pre-existing conditions or issues unrelated to the specific repairs performed by us.
* The warranty does not cover parts supplied by the customer, nor does it cover our workmanship if the fault is directly attributable to the quality or suitability of a customer-supplied part.
5.6. Warranty Claim Procedure: To make a valid warranty claim, you must return the vehicle to International Panel Shop for inspection. We reserve the right to determine if the issue falls within the scope of our warranty.
6. Vehicle Handling and Owner's Responsibilities
6.1. Authorization to Move Vehicle: You authorize International Panel Shop personnel to drive your vehicle for the purpose of testing, inspection, moving it within our premises, or conducting road tests related to the repairs.
6.2. Personal Items: International Panel Shop accepts no responsibility or liability for the loss, theft, or damage to any personal items, valuables, or contents left inside your vehicle. It is your sole responsibility to remove all such items prior to dropping off your vehicle.
6.3. Collection Inspection: By collecting your vehicle, you acknowledge and confirm that you, or your duly authorized representative, have carefully inspected the completed bodywork repairs. You agree that the repairs/work done meets your standards and expectations for panel-beating and spray-painting, and you specifically agree not to hold International Panel Shop liable for any defects or dissatisfaction with work that is clearly not directly related to our core services (e.g., mechanical, electrical, glass, upholstery).
6.4. Reporting Imperfections / Returns:
* Any paint imperfection or loose part directly attributable to our core services must be meticulously pointed out by you (the Customer) at the time of vehicle collection. At this point, you may elect to leave the vehicle for immediate correction or schedule a mutually agreeable date for the correction to be performed.
* The absolute latest we will accept liability or fault for a loose part or paint imperfection directly related to our core services is 48 hours after the vehicle has been collected by you. Beyond this 48-hour period, such issues will be presumed to have occurred due to external factors or your handling.
* Should the sprayed area exhibit yellowing or fading and is returned to us within 6 months of collection, International Panel Shop will assess and address the issue accordingly, provided it is determined to be a defect in our workmanship or materials.
* WARNING: FRAUDULENT CLAIMS: Please be advised that knowingly claiming a car repair was faulty when the damage was actually caused by subsequent mishandling, neglect, or a new accident constitutes fraud in South Africa. This is a deliberate misrepresentation of facts to gain an unfair advantage, potentially leading to an unwarranted insurance claim or other financial benefit. Such actions will be reported immediately to the relevant authorities, which may include the South African Police Service (SAPS) and your insurance provider. For more information, please refer to [Please insert the correct, valid URL for "Fraudulent-Vehicle-Damage-Claims" if available, or remove this specific link].
7. General Terms and Conditions
7.1. Entire Agreement: These Terms, together with the accepted quotation and any invoice, constitute the entire agreement between you and International Panel Shop concerning the repair services.
7.2. Amendments: Any amendment, modification, or waiver of any provision of these Terms will only be valid if it is made in writing and signed by an authorized representative of International Panel Shop and by you, the Customer.
7.3. No Waiver: No indulgence, leniency, or extension of time granted by International Panel Shop to you shall be construed as a waiver of any of our rights under this Agreement, nor shall it prejudice or estop us from exercising any of our rights in the future.
7.4. Severability: If any clause, term, or condition in this Agreement is found to be unenforceable, unlawful, or invalid in any jurisdiction for any reason whatsoever, such clause will be severed from this Agreement, and this will not affect the enforceability or validity of the remainder of the Agreement, which shall remain in full force and effect.
7.5. Domicilium Citandi et Executandi: For the purpose of service of any legal documents, notices, or processes in terms of this Agreement, the parties choose the addresses provided on the face of the quotation/job card as their domicilium citandi et executandi (the address for all formal legal notices). Any notice can be delivered by hand at such address, by courier to such address, or by email to your nominated email address, and will be regarded as having been received by the party to whom it was so addressed upon proof of delivery/transmission.
7.6. Legal Costs: In the event that International Panel Shop is compelled to take legal action to enforce these Terms or recover any outstanding amounts, you agree to be liable for all legal costs and disbursements incurred by International Panel Shop on an attorney-and-client scale, including collection commission.
7.7. Right of Retention (Lien): You acknowledge and agree that International Panel Shop shall have a general lien (right of retention) over your vehicle and any of its contents for all monies owing to International Panel Shop by you on any account whatsoever, including but not limited to repair costs, storage fees, and any other associated charges, until such time as full payment has been received.
7.8. Liquidated Amount: Any amount indicated on any invoice issued to you by International Panel Shop will be regarded as a liquidated amount (a fixed or easily determinable amount) and, in the absence of manifest error, will be regarded as correct, due, owing, and immediately payable by you to International Panel Shop.
7.9. Governing Law and Jurisdiction: These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the Magistrate's Court or the High Court of South Africa (depending on the monetary jurisdiction) having territorial jurisdiction over International Panel Shop's premises for any disputes arising from or in connection with these Terms.
8. Definitions
Panel-beating: The skilled craft and process of repairing and restoring damaged vehicle body panels, typically involving reshaping metal, removing dents, filling, sanding, welding, and other techniques to return the panel to its original shape and structural integrity after an accident or other damage.
Spray painting: A painting technique in which a device sprays coating material (paint, ink, varnish, etc.) through the air onto a surface. The most common types employ compressed gas—usually air—to atomize and direct the paint particles.
9. Acknowledgment and Consent
By bringing your vehicle to International Panel Shop for repairs, by accepting a quotation, or by implicitly or expressly agreeing to our services, you acknowledge, understand, and confirm that your action constitutes acceptance of all the terms and conditions set forth herein. This acts as your binding signature, agreeing to the quotation and the entirety of these Comprehensive Terms of Service.
Last Updated: February 14, 2024
1. Definitions:
"Company" refers to International Panel Shop.
"Customer" refers to the individual or entity utilizing the Vehicle Collection and Return Service.
"Vehicle" refers to the motor vehicle that is the subject of the repair services.
"Service" refers to the collection of the Vehicle from the Collection Point, transportation to the Company's workshop, and the return of the Vehicle to the Return Point, in conjunction with repair services.
"Collection Point" refers to the location designated by the Customer for the Company to collect the Vehicle.
"Return Point" refers to the location designated by the Customer for the Company to return the Vehicle.
"Quotation" refers to the written quotation provided by the Company to the Customer detailing the scope of repair work and associated costs (excluding supply of parts).
2. Service Description:
The Company offers a service whereby it collects the Customer's Vehicle, transports it to its workshop for repair services as detailed in a separate Quotation accepted by the Customer, and subsequently returns the repaired Vehicle to the Customer. This Vehicle Collection and Return Service is applicable when the total cost of the repair work quoted by the Company is R10,000.00 or more, excluding the cost of any necessary parts.
3. Collection of the Vehicle:
Collection Scheduling: Upon the Customer's acceptance of a repair Quotation from the Company with a total cost of R10,000.00 or more (excluding the cost of parts), the Customer will notify the Company to arrange a mutually agreeable date and time for the collection of the Vehicle from the Customer's nominated Collection Point.
Vehicle Condition Upon Collection: The Customer warrants that the Vehicle is roadworthy and legally compliant at the time of collection. A representative of the Company and the Customer (or their authorized representative) may conduct a visual inspection of the Vehicle to document any pre-existing damage. The Company shall not be held liable for any damage to the Vehicle that was present but not recorded at the time of collection.
Keys and Documentation: The Customer shall provide the Company's representative with all necessary keys and any relevant vehicle documentation required for the collection and repair process.
Access to Collection Point: The Customer is responsible for ensuring safe and reasonable access to the designated Collection Point for the Company's personnel and vehicle.
4. During Repair and Transit:
Care and Security: The Company will take reasonable care to ensure the security and safety of the Vehicle while it is in its possession and during transit.
Insurance: The Company maintains its own insurance coverage; however, the Customer is strongly advised to maintain their own comprehensive vehicle insurance policy throughout the duration of the Service and repair period. The Company's insurance coverage is subject to its policy terms and conditions.
Subcontractors: The Company reserves the right to utilize subcontractors for certain aspects of the Service (e.g., towing) as deemed necessary.
5. Return of the Vehicle:
Notification of Completion: Once the agreed-upon repair work has been completed, the Company will notify the Customer that the Vehicle is ready for return.
Payment Prior to Return: The return of the Vehicle is conditional upon the Customer making full payment of the total repair costs as detailed in the accepted Quotation and any subsequently agreed-upon variations.
Return Appointment: Upon confirmation of payment, the Company will contact the Customer to arrange a convenient date, time, and location for the return of the Vehicle to the Customer's agreed Return Point.
Return Point: The Vehicle will be returned to the Customer's agreed-upon Return Point.
Vehicle Condition Upon Return: The Vehicle will be returned in the condition it was in after the completion of the agreed-upon repairs. Minor cleaning is at the Company's discretion unless specifically agreed upon in writing.
Inspection Upon Return: The Customer is encouraged to inspect the Vehicle thoroughly upon its return and to notify the Company immediately of any discrepancies or new damage observed.
Acceptance of Vehicle: Upon the Company's delivery of the Vehicle to the agreed-upon Return Point and the Customer taking possession, it is understood that the Service and the repair work have been completed to the Customer's satisfaction, subject to any warranty provided separately for the repair work.
Failure to Accept Return: Should the Customer fail to be available or unable to accept the return of the Vehicle at the agreed-upon time and location, the Company reserves the right to charge reasonable additional fees for rescheduling the return and/or for temporary storage of the Vehicle.
6. Payment:
Quotation and Payment Terms: The costs for the repair services are detailed in the separate Quotation provided to the Customer. Full payment of the total repair costs is required prior to the return of the Vehicle, unless alternative payment terms have been explicitly agreed upon in writing by the Company.
Acceptable Payment Methods: EFT with proof of payment sent to International Panel Shop.
7. Liability:
To the extent permitted by South African law, the Company's liability for any loss or damage arising from the provision of the Service shall be limited. The Company shall not be liable for any indirect, consequential, or economic losses. Nothing in these terms and conditions shall exclude or limit the Company's liability for death or personal injury caused by its negligence, or for any other liability that cannot be excluded or limited by law.
8. Customer Responsibilities:
To ensure the Vehicle is roadworthy and legally compliant at the time of collection.
To provide accurate information about the Vehicle and the required repairs.
To make the Vehicle available at the agreed-upon Collection Point at the scheduled time.
To ensure safe and reasonable access to the Collection Point.
To make full payment of the agreed-upon repair costs prior to the return of the Vehicle.
To inspect the Vehicle upon return and notify the Company of any issues immediately.
To be available to accept the return of the Vehicle at the agreed-upon time and location.
9. Governing Law and Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties hereby consent to the exclusive jurisdiction of the Court of Western Cape Division, Cape Town for the resolution of any disputes arising from or related to these terms and conditions.
10. Entire Agreement:
These terms and conditions, together with the accepted Quotation, constitute the entire agreement between the Company and the Customer with respect to the Vehicle Collection and Return Service and supersede all prior discussions, agreements, or understandings, whether oral or written.
11. Amendments:
No amendments or modifications to these terms and conditions shall be binding unless agreed upon in writing and signed by authorized representatives of both the Company and the Customer.
12. Contact Information:
International Panel Shop
7 Bloem Street
Townsend Estate
Cape Town
7460
021 801 8007 | 071 687 1308
admin@intpanelshop.co.za | intpanelshop@gmail.com
