The terms and conditions contained herein (these “Conditions”) shall govern the relationship between the Customer and KATC AUTOTRANS PTE LTD, relating to the servicing, repair and maintenance of the Customer’s vehicle by the Company and all relevant aspects that arise during the period of servicing, repair / and or maintenance including, but no limited to the custody of the car by the Company and the provision of the services and the period of custody after the car has been repaired, serviced or maintained.
1. DEFINITIONS AND INTERPRETATION
Unless the context otherwise required, the following words have the meanings set out opposite them:
“Customer” the person who had request the Company to perform services on the vehicle;
“Company” refers to KATC AUTOTRANS PTE LTD
“Services” the servicing, repair and or maintenance services requested by the Customer and to be performed by the Company on the vehicle.
1.2 In these conditions, unless the context otherwise requires:
(a) the headings are for convenience only and shall not affect the interpretation of these Conditions;
(b) references to clauses herein are to clauses of these Conditions;
(c) words importing only the singular number includes the plural number and vice versa;
(d) words importing the masculine gender include the feminine and neutral gender and vice versa; and
(e) references to “person” shall include an individual, firm, corporation or other body corporate or unincorporated.
(f) in writing includes faxes, e-mails, text messages, image messaging and any other electronic means of a similar nature.
2. SERVICES TO BE PROVIDED
2.1 The Customer hereby engages the Company to perform the Services on the Vehicle and agrees that the Services shall be subject to these Conditions.
2.2 The Company will, after a visual inspection of the Vehicle, accept the Vehicle in order to perform the Services in such condition.
2.3 Any other fault or damage discovered by the Company on the Vehicle after the Company has taken delivery of the Vehicle pursuant to clause 2.2 above will be notified to the Customer in writing. The Customer shall, after receiving such notice, elect to engage the Company to repair such fault or damage (whereupon such repair will be deemed part of the Services), or reclaim the Vehicle. If the Customer elects to engage the Company to repair such fault or damage, the agreed charges will be adjusted for additional work to be done and additional materials to be supplied to repair such fault or damage. If the Customer reclaims the vehicle, he shall be liable for all work already incurred and materials already supplied to the Vehicle.
2.4 All estimated charges to be incurred in the performance of the Services shall be conveyed in writing as far as possible by the Company to the Customer prior to any performance of the Services or any part thereof. The Customer shall have deemed to have consented to such charges unless he objects to the estimated charges in writing on the same day. All charges shall be payable on the presentation of an invoice by the Company to the Customer.
2.4.1 The Company agrees not to overcharge on its billings to the customers and will provide a written itemised billing to the Customer. If there are any extra Services (which have be confirmed and agreed upon in writing) on top of the original charges, these extra items will be clearly stated In the billings. All charges shall be payable on the presentation of an invoice by the Company to the Customer.
2.5 The Company may at its own option use approved and compatible or equivalent parts in the performance of the Services.
3. CUSTOMER’S OBLIGATION
3.1 The Customer shall provide the Company with full cooperation and such information concerning the Vehicle, its use, its condition, its maintenance records and such other information and cooperation which the Company may deem necessary and may reasonably request, in order to enable the Company to perform the Services.
3.2 The Customer shall remove all items and articles of value and of importance from the Vehicle, when handing over the vehicles to the Company to avoid any subsequent dispute arising from the loss or misplacement of such items or articles. The Company shall not be liable for any loss or misplacement of any such items and articles.
4. EXCLUSION AND LIMITATION OF LIABILITY
4.1 The Company shall not be liable, whether under contract, tort or otherwise, to the Customer for:
(a) any damage to the Vehicle while the Vehicle is in the custody, care or control of the Company unless it is due to the negligence of the Company and its employees.
and / or
(b) loss of profit, indirect, special or consequential loss of the Customer, unless the Customer can show that he has suffered that lost and the courts concur with the Customer’s stand on the matter.
arising out of or in connection with any partial performance, delay in performance or non-performance of the Company’s obligations under these Conditions or caused by factors beyond the reasonable control of the Company (except in respect of death or personal injury resulting from negligence). Without limiting the generality of the foregoing, these factors shall be deemed as factors beyond the reasonable control of the Company.
- acts of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, subsidiary legislation, restrictions, regulations, by-laws, prohibitions, or measures of any kind on the part of governmental, parliamentary, or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts, or machinery; and
- power failure or breakdown in machinery.
4.2 The Company warrants the materials supplied pursuant to the carrying out the Services for a period of 6 months or 10,000 km (whichever occurs earlier), except where otherwise stated and except for normal wear and tear parts. The Company shall replace the said material or provide a refund where replacement is not possible, such replacement or refund shall be at the sole and complete discretion of the Company, and shall be without prejudice to any rights which the Company may have against the Customer and / or any third party and shall not, by itself, amount to any admission of liability on the part of the Company.
The Company shall not be liable for all material defects supplied during this warranty period, if:
- the Vehicle was engaged in racing, pace-making, reliability trial, speed testing, or drawing any trailer;
- the defect is not inherent when the material is supplied;
- the Vehicle was being driven with the general consent of the Customer by a person who to the knowledge of the Customer does not hold a valid licence to drive such Vehicle; and
- the defect or damage was due to fair wear and tear.
4.3 The Company shall not be liable, whether under tort or contract or otherwise, for any damage or consequential loss sustained if the Customer supplies his own parts and materials for the Services carried out, except where the damage was caused by the negligence of the Company and resulted in death or personal injury. The warranty period in clause 4.2 shall also not apply if the Customer supplies his own parts or materials for the Services.
4.4 Any liability of the Company for any damage caused to the Vehicle and / or the Customer shall not, in any case, exceeds the loss suffered by the consumer.
4.5 The Company may, at its option, rectify all damage to the Vehicle that arises while the Vehicle is in the custody, care and control of the Company, or pay the fair cash value (market value) for such damage caused in the period of its custody, care or control. Such rectification or payment shall be at the sole discretion of the Company, shall be without prejudice to any rights which the Company may have against the Customer and / or any third party and shall not, by itself, amount to any of liability on the part of the Company.
5.1 The Vehicle shall be reclaimed by the Customer upon full payment of all sums and charges due for materials supplied to and the Services performed on the Vehicle.
5.2 The Customer will have 2 working days to collect the Vehicle after he has been notified to do so, after which the Company will have a right to charge a reasonable fee (to be prescribed from time to time at the discretion of the Company for the entire period that the Vehicle is stored by the Company (whether the Vehicle is parked at the Company’s premises or otherwise).
5.3 The Company reserves its right to exercise its lien and retain possession of the Vehicle unless and until the Customer has paid up all outstanding charges and sums due and payable to the Company under these Conditions.
6. NOTICES AND SERVICE
6.1 All notices, instructions and other communication given by letter, telex, fax transmission or other electronic means (including Internet e-mail) shall be addressed to or left at, in the case of the Company, the business address of the Company at the relevant time and in the case of the Customer, the addressed notified to the Company by the Customer from time to time.
6.2 All such notices, instructions or other communications given by the Company to the Customer as aforesaid shall be deemed to have been duly received by the Customer upon delivery if delivered by hand, or by registered post or certificate of posting, three (3) business days after posting, or in the case of telex, facsimile or other electronic means upon dispatch.
6.3 All notices, instructions or other communications sent by the Customer to the Company shall not be effective until actual receipt thereof by the Company. In relation to notices given via electronic records (including Internet e-mail) to the Company, such notice shall not be effective unless sent to an electronic address or messaging system (including an Internet e-mail address) specified by the Company for such purpose, is actually received by the stipulated officer of the Company, and in a format readily decipherable by such officer of the Company.
7.1 The Company may carry out its obligations under these Conditions through any agents or sub-contractors appointed by it in its absolute discretion for that purpose.
7.2 Except as provided in clause 7.1, these Conditions are personal to the parties, and neither of them may, without the written consent of the other, assign, mortgage, charge (otherwise than by floating charge) or dispose of any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations under this agreement.
7.3 Nothing in these Conditions shall create, or be deemed to create, a partnership between the parties.
7.4 If these Conditions shall in whole or in part be held to be illegal or unenforceable, that term or Condition or the relevant part thereof shall to that extend be deemed not to form part of these Conditions and the enforceability of the remainder of the Conditions shall not be affected.
7.5 No failure or delay by the Company and/or the Consumer in exercising any of its rights under these Conditions shall be deemed a waiver of that right, and no waiver by the Company and /or the Consumer of any breach shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.6 Unless otherwise agreed in writing between the parties, these Conditions (including any documents attached hereto) shall constitute the entire agreement between the parties, supersedes any previous discussions, negotiations, agreements or understanding and may not be varied except an instrument in writing duly signed by the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by the law.
7.7 Any person who is not a party to these Conditions shall not have any right or benefit to enforce any provision of these Conditions pursuant to the Contracts (Rights of Third Parties) Act 2001.
7.8 These Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. In relation to any legal action or proceedings arising out of or in connection with these Conditions, the Company hereby irrevocably submits to the jurisdiction of the CASE Mediation Centre and if there is no settlement to the jurisdiction of the courts of the Republic of Singapore, in particular the Small Claims Tribunal.
7.9 Each party must at all times keep private and confidential data and information it may acquire in relation to the other party including in relation to the other party’s operations , business affairs of the other party including complying with the provisions of Personal Data Protection Act of Singapore.