Venture 4x4 Fitment Centre

Legal

General terms and conditions

Adventure LED Lighting CC t/a Venture 4x4 — Version 2.1 | Effective date: 1 September 2026 | Reg. No. 2003/072674/23 | VAT No. 4740292125

18 Rapid Street, Mbombela (Nelspruit) · sales@venture4x4.co.za · +27 79 777 7410 · www.venture4x4.co.za

1. Definitions and interpretation

1.1 In these Terms and Conditions, unless the context clearly indicates a contrary intention, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

  • 1.1.1 “Approved Installer” means an installer accredited or approved by the relevant manufacturer to fit and install the Goods;
  • 1.1.2 “Body Conversion Kit/s” means the motor vehicle body conversion kit/s, to be fitted and installed to the Customer’s Vehicle by the Company;
  • 1.1.3 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
  • 1.1.4 “Collection Notice” means the notice (by telephone, SMS, e-mail, WhatsApp or otherwise) by which the Company informs the Customer that the Services are complete and/or the Goods are ready for collection;
  • 1.1.5 “Commercial Customer” means a Customer to whom the CPA does not apply, or applies only in part, including a juristic person whose asset value or annual turnover equals or exceeds the threshold determined under the CPA;
  • 1.1.6 “Company” means Adventure LED Lighting CC t/a Venture 4x4, Registration Number: 2003/072674/23;
  • 1.1.7 “Completion Date” means the date on which the Company notifies the Customer, by way of a Collection Notice, that the Services are complete and/or the Goods are ready for collection;
  • 1.1.8 “Consumer” means a Customer to whom the CPA applies in respect of the relevant transaction;
  • 1.1.9 “CPA” means the Consumer Protection Act, Act 68 of 2008, as amended from time to time, together with its regulations;
  • 1.1.10 “Custom Goods” means Goods manufactured, fabricated, cut, built or modified to the Customer’s specification or requirements;
  • 1.1.11 “Customer” means the person or entity who/which engages and contracts with the Company, under and in terms of these Terms and Conditions, for: i) the supply of the Goods and/or ii) the rendering of the Services;
  • 1.1.12 “Customer-Supplied Parts” means goods, parts or components supplied by the Customer for fitment by the Company;
  • 1.1.13 “Deposit” means any amount paid by the Customer to secure a booking and/or an order in advance of completion;
  • 1.1.14 “ECTA” means the Electronic Communications and Transactions Act, Act 25 of 2002, as amended from time to time;
  • 1.1.15 “Extended Payment Terms” means the extended payment terms granted by the Company to certain of its Customers from time to time (refer clause 7.3 below);
  • 1.1.16 “Goods” includes but is not limited to the Body Conversion Kit/s, the LED Lights, the Vehicle Accessories and/or the LED Accessories, and any Special-Order or Custom Goods;
  • 1.1.17 “GVM” means the Gross Vehicle Mass of the Vehicle as specified by the Vehicle’s manufacturer or, where applicable, as certified following an approved GVM upgrade, and “GCM” means the Gross Combination Mass;
  • 1.1.18 “Invoice” means the invoice rendered and delivered by the Company to the Customer, which invoice will be in line with the relevant Quotation, if applicable, and will among other things stipulate the payment terms, banking details, amount due and payable and date;
  • 1.1.19 “Job Card” means the document (whether electronic or hard copy) recording the Vehicle details, the Goods to be supplied and/or Services to be rendered and any special instructions, which the Customer signs and/or accepts to authorise the order and to confirm acceptance of these Terms and Conditions;
  • 1.1.20 “LED Accessories” means accessories to the LED Lights as listed on the Website, including but not limited to wiring harnesses, chargers and batteries;
  • 1.1.21 “LED Lights” means, as the case may be, the range of light emitting diode lights, including flashlights, spotlights, headlights and bulbs, to be supplied and distributed by the Company, and/or the light emitting diode bars to be distributed and/or installed and fitted to the Vehicle;
  • 1.1.22 “Manufacturer Warranty” means the warranty provided by the Vehicle’s manufacturer and/or dealer;
  • 1.1.23 “MIOSA” means the Motor Industry Ombudsman of South Africa, or its successor, being the accredited industry ombud contemplated in the Consumer Goods and Services / Automotive Industry Codes of Conduct;
  • 1.1.24 “Modification/s” means any alteration to the Vehicle arising from the supply and/or fitment of the Goods, including but not limited to suspension lifts, GVM/GCM upgrades, wheel and/or tyre changes, bull bars, long-range fuel tanks, roof racks, load bins, drawer systems, dual-battery systems and engine or electronic modifications;
  • 1.1.25 “NCA” means the National Credit Act, Act 34 of 2005, as amended from time to time;
  • 1.1.26 “Parties” means the Customer and the Company collectively, and “Party” means either one of them as the context may require;
  • 1.1.27 “Personal Information” bears the meaning assigned to it in POPIA;
  • 1.1.28 “POPIA” means the Protection of Personal Information Act, Act 4 of 2013, as amended from time to time;
  • 1.1.29 “Quotation” means the quotation furnished by the Company to the Customer, stipulating the estimated costs in respect of the Goods to be delivered and/or the Services to be rendered;
  • 1.1.30 “Re-torque” means the re-checking and re-tightening, to the correct torque specification, of wheel nuts, suspension components, brackets and/or other fasteners after a period of use following fitment;
  • 1.1.31 “Services” means the fitment and installation of the Goods to the Vehicle, and any related work, including but not limited to wheel alignment, wheel balancing, fault-finding, diagnostics, calibration and testing;
  • 1.1.32 “Special-Order Goods” means Goods not ordinarily held in stock by the Company and ordered, imported or procured specifically for the Customer;
  • 1.1.33 “Storage Fee” means the daily storage fee referred to in clause 21;
  • 1.1.34 “Terms and Conditions” means these general terms and conditions;
  • 1.1.35 “Vehicle” means the Customer’s Vehicle;
  • 1.1.36 “Vehicle Accessories” means vehicle accessories, as listed on the Website, to be supplied, fitted and/or installed by the Company to the Customer’s Vehicle;
  • 1.1.37 “Website” means the Company’s website at www.venture4x4.co.za (and any related sites operated by the Company); and
  • 1.1.38 “Written Approval” means approval given in writing, including by signature, e-mail, WhatsApp, electronic acceptance or other recorded electronic means.

1.2 In these Terms and Conditions, the words “clause” or “clauses” refer to clauses of these Terms and Conditions.

1.3 If any period is referred to by reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a Business Day, in which case the last day shall be the first Business Day thereafter.

1.4 Where the day on or by which anything is to be done is not a Business Day, it shall be done on or by the first Business Day thereafter.

1.5 An expression which denotes: 1.5.1 any gender includes the other genders; 1.5.2 a natural person includes a juristic person and vice versa; and 1.5.3 the singular includes the plural and vice versa.

1.6 The use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it.

1.7 These Terms and Conditions, and all orders and transactions to which they apply, shall be governed by and construed in accordance with the laws of the Republic of South Africa (see also clause 27).

1.8 Order of precedence: in the event of a conflict, the following documents apply in descending order of precedence: i) any product-specific written warranty or written special agreement signed by the Company; ii) the signed Job Card and any Written Approval of additional work or change orders; iii) the accepted Quotation and agreed specifications; and iv) these Terms and Conditions. Nothing in this clause operates to exclude or limit any right of a Consumer that cannot lawfully be excluded or limited.

2. Application and customer status

2.1 Unless specifically and explicitly otherwise agreed in writing by the Company, only these Terms and Conditions shall apply to an order for, and/or the sale and delivery of the Goods and/or rendering of the Services by the Company to the Customer. These Terms and Conditions override and supersede any terms and conditions of trade stipulated by the Customer, unless specifically and explicitly agreed otherwise by the Company in writing.

2.2 Certain provisions of these Terms and Conditions apply differently to a Consumer and to a Commercial Customer. Where a provision limits or excludes a right or remedy, it applies to a Consumer only to the extent permitted by the CPA and other applicable law, and applies in full to a Commercial Customer. Clause 29 records how the CPA and NCA apply.

3. Quotations, estimates and orders

3.1 The acceptance of Quotations or Invoices and/or the placing of orders by the Customer shall not be binding on the Company unless acknowledged and confirmed by the Company in writing (which may be by electronic means). Orders are executed at the discretion of the Company, and the mere receipt of an order does not oblige the Company to supply Goods or render Services.

3.2 Each separate order for Goods and/or Services shall, upon confirmation by the Company, constitute a separate contract between the Parties, and any breach by the Company in relation to any one order will not entitle the Customer to terminate or vary any other order placed by it.

3.3 A Quotation is valid for the period stated therein or, failing which, for 14 (fourteen) days from date of issue, and is subject to the availability of the relevant Goods. An order becomes binding once the Company has confirmed it in writing and, where a Deposit is required, once the Deposit has been received.

3.4 Any price furnished by the Company in respect of Services (including labour) constitutes an estimate and not a fixed quotation, unless the Company expressly states otherwise in writing.

3.5 Estimates and authorisation of work (Consumer transactions – section 15 of the CPA)

3.5.1 Before commencing any diagnostic work, repair, maintenance or Services in respect of which a charge will be raised, the Company will provide the Customer with an estimate, unless the Customer declines the estimate in writing or pre-authorises the work up to a stated amount.

3.5.2 The Company will not charge the Customer for the preparation of an estimate unless the fact and amount of any estimate fee has been disclosed to, and accepted by, the Customer beforehand.

3.5.3 The Company will not charge the Customer for any work, part or component that exceeds the estimate or authorised amount, unless the Customer has given Written Approval for the additional work, part or component.

3.5.4 Where, during fitment, the Company identifies additional work, parts and/or components reasonably necessary to complete the order safely (including seized, corroded, worn or damaged fasteners or components), the Company will use reasonable efforts to obtain the Customer’s Written Approval before proceeding. Where the Customer cannot be reached and the Vehicle cannot safely or practically be reassembled or released without such work, the Company may take reasonable steps to make the Vehicle safe, and the reasonable costs so incurred shall be for the Customer’s account.

4. Electronic transactions, online orders and cooling-off

4.1 The Parties agree that Quotations, orders, acceptances, Written Approvals, change orders and other communications may be concluded and exchanged electronically, including by e-mail, WhatsApp, electronic signature and acceptance on the Website, and that such electronic communications satisfy any requirement that a communication be in writing, in accordance with ECTA.

4.2 Where a transaction is an electronic transaction to which section 44 of ECTA applies, the Consumer may have a right to cancel that transaction, without reason and without penalty, within 7 (seven) days after the date of receipt of the Goods (returning the Goods at the Consumer’s cost), subject to the Consumer refunding any reasonable costs as permitted by ECTA.

4.3 The cooling-off right in clause 4.2 does not apply where an exception in ECTA applies, including in respect of Special-Order Goods, Custom Goods or Goods made, cut, fabricated or modified to the Customer’s specification, or Goods that have been fitted, used or unsealed, to the extent permitted by law.

4.4 The information required to be disclosed for electronic transactions in terms of ECTA (including the Company’s identity, physical address, contact details, full price, payment and delivery arrangements, returns policy and complaints process) is set out on the Website and/or in the Quotation, and forms part of these Terms and Conditions.

5. Price

5.1 The price/s applicable to orders confirmed by the Company will, subject to clause 3, be based on accepted Quotations and/or Invoices rendered, as the case may be, and are inclusive of VAT where applicable.

5.2 Where the Company’s costs of sourcing, importing, manufacturing or delivering the Goods, or of rendering the Services, increase for reasons beyond the Company’s control before delivery and/or completion (for example exchange-rate movements, supplier price increases, duties or freight), the Company may increase the price by the amount of the increase. The Company will give the Customer written notice of any material increase, together with the reason for it, before the increase takes effect. Where the increase is material and the relevant Goods have not yet been ordered or the relevant work has not yet commenced, the Customer may cancel the affected order by written notice within 5 (five) Business Days of the notice, in which case any Deposit paid in respect of that order will be refunded, less any costs already lawfully incurred by the Company.

6. Discounts and rebates

6.1 Prices charged will be strictly nett and not subject to any discount/rebate, unless otherwise agreed in writing by the Company.

6.2 In the event that the Company agrees to grant a settlement, volume, trade or other discount/rebate, such discount/rebate shall only be effectively granted where the Company receives full payment by due date. If the Company does not receive full payment by due date, the discount/rebate shall be regarded as null and void and the Customer shall be liable for the full amount charged, together with interest and charges as provided for in these Terms and Conditions.

7. Payments

7.1 General

7.1.1 All amounts owing by the Customer to the Company shall be paid: i) on or before the due date; ii) via electronic funds transfer into such bank account as the Company may nominate; iii) in South African currency free of bank and other charges; and iv) free from any deduction, withholding, set-off or counterclaim, save to the extent that the Customer is entitled to withhold, deduct or set off under a right that cannot lawfully be excluded.

7.1.2 The Customer will use the Quotation number and/or Invoice number for payment reference purposes.

7.1.3 Should any payment not be received by the due date, the Company may, without prejudice to its other rights: i) cancel or suspend further supply of Goods and/or rendering of Services; ii) by written notice, require immediate payment of all amounts owing; and/or iii) take any other action available to it in law or under these Terms and Conditions until payment is received.

7.1.4 A payment is only deemed received once formal proof of payment has been delivered to the Company and the relevant amount reflects as cleared funds in the Company’s nominated bank account. Proof of payment does not, on its own, constitute cleared funds.

7.1.5 Anti-fraud: the Company’s banking details are as stated on its official Quotation or Invoice. The Customer must verify any alleged change of the Company’s banking details directly with the Company, telephonically, using the Company’s published contact details, before making payment. The Company shall not be liable for any loss arising from payment made to incorrect banking details where the Customer failed to so verify.

7.1.6 All payments received shall be appropriated firstly towards levied interest and thereafter to capital.

7.1.7 The Customer shall not withhold or delay payment to the Company save to the extent that it is entitled to do so under a right that cannot lawfully be excluded, or in respect of a bona fide dispute of which the Customer has given the Company written notice.

7.2 Cash on demand

7.2.1 Where Extended Payment Terms have not been agreed, payment terms are strictly “cash on demand”, in terms of which the Goods will only be delivered and/or the Services will only be rendered upon receipt of payment of the total price in terms of the Quotation or Invoice.

7.3 Extended Payment Terms / credit

7.3.1 Extended Payment Terms are only effective where the Company has granted them to the Customer in writing. In assessing whether to grant Extended Payment Terms, the Company may require information and documents from the Customer, which the Customer shall provide on demand.

7.3.2 Unless otherwise agreed, the total order price must be paid within 30 (thirty) days of the Company delivering the Goods and/or rendering the Services, or the invoice date, whichever occurs first. The Customer remains fully liable for the total order price notwithstanding the grant of Extended Payment Terms, and if not paid within the agreed period, the outstanding balance is payable forthwith.

7.3.3 Where the granting of Extended Payment Terms, together with the charging of interest or fees, constitutes a credit agreement or incidental credit agreement under the NCA, the Company will comply with the applicable requirements of the NCA, and the relevant credit terms will be recorded in a separate credit agreement.

7.4 Deposits

7.4.1 The Company may, in its discretion, require the Customer to pay a Deposit before an order is confirmed and/or before any Goods are ordered or any Services commence, in particular in respect of Special-Order or Custom Goods.

7.4.2 A Deposit secures the booking and/or order. On cancellation by the Customer, the Deposit will be applied against the reasonable losses and actual committed costs of the Company (as contemplated in clause 24), and any balance refunded. The Company will not retain more of a Deposit than represents its reasonable cancellation charge, save to the extent permitted by law.

8. Interest

8.1 Should any payment owing by the Customer, whether subject to Extended Payment Terms or otherwise, not be received by the due date, the relevant amount shall accrue interest at a rate equal to the prevailing prime lending rate plus 2 (two) percent, from the due date until the date of actual payment, both days inclusive, subject to any maximum rate prescribed by law.

9. Certificate of indebtedness

9.1 A certificate under the hand of any member, director or manager of the Company (whose appointment need not be proved) as to the existence and amount of the Customer’s indebtedness, the interest accrued and any related fact, shall be prima facie proof of its contents for the purposes of provisional sentence, summary judgment or any other proceedings, and shall be valid as a liquid document for such purpose. The Customer retains the right to dispute the certificate, subject to any applicable CPA or NCA protections.

10. Delivery

10.1 Unless the Company agrees otherwise in writing, delivery of ordered Goods to a Commercial Customer will occur on the basis of either Ex Works or DAP (Delivered At Place per Incoterms 2020) at a point of delivery, within a period agreed between the Parties. In the case of a Consumer, risk in the Goods remains with the Company until the Consumer has accepted delivery, and the Consumer’s statutory rights in respect of the time, date and place of delivery are preserved.

10.2 Estimated delivery and completion dates are approximate only, based on the latest information available to the Company, and time shall not be of the essence save where required by law. The Company will notify the Customer of any material delay and, where reasonable, agree a revised date. The Customer’s statutory remedies for failure to deliver within a reasonable or agreed time are preserved.

10.3 If the Customer fails to take delivery of ordered Goods upon the Company tendering delivery, then: i) risk in the Goods passes to the Customer (save where the Customer is a Consumer and the law provides otherwise); and ii) the Customer shall refund the Company, on demand, the reasonable costs (including storage and insurance) of keeping the Goods during that delay.

10.4 Ownership in the Goods remains vested in the Company until the Company has received payment of the full purchase price. Ownership passes to the Customer on delivery, provided the full purchase price has been received, even where Extended Payment Terms are afforded. The Company may recover unpaid Goods only by lawful means and not by self-help; the treatment of Goods that have become affixed to or incorporated in the Vehicle shall be determined in accordance with the law.

11. Authority, pre-fitment inspection and fitment

11.1 The Customer warrants that it owns the Vehicle or is duly authorised by the owner, insurer, employer or finance provider to authorise the supply of the Goods and the rendering of the Services, and to consent to any Modification.

11.2 Before commencing the Services, the Company and the Customer will, where reasonably practicable, conduct a joint pre-fitment inspection of the Vehicle and record its condition (including existing dents, paint damage, rust, prior repairs, aftermarket wiring, warning lights, loose components, wheel and tyre condition and interior condition). The Company may take photographs as a record of the Vehicle’s condition at handover. The Customer will advise the Company of any latent or patent defect known to it.

11.3 The Customer must ensure that the current electronics, mechanics and body parts of the Vehicle are in good working order to enable proper fitment. The Company will not be liable for existing latent or patent defects of the Vehicle, or for damage caused by third parties for whom the Company is not responsible, save to the extent caused by the Company’s failure to exercise reasonable care.

11.4 The Customer shall deliver the Vehicle to the Company’s premises at the agreed date and time and in a condition fit for the Services. Delays caused by late delivery, unavailability or an unfit Vehicle shall be for the Customer’s account and may result in rescheduling.

11.5 The Company will render the Services with reasonable skill and care. Where the Company is not engaged to render the Services (i.e. the Customer or a third party fits the Goods), the Company advises the use of an Approved Installer and will not be liable for damage or malfunction arising during installation by the Customer or a third-party installer.

11.6 Customer-supplied parts

11.6.1 Where the Customer supplies Customer-Supplied Parts for fitment, the Company may refuse to fit any part that it reasonably considers unsafe, incompatible, defective or of unknown provenance.

11.6.2 The Company gives no warranty in respect of Customer-Supplied Parts themselves and does not administer any manufacturer warranty over them. The Company remains responsible for its own workmanship in fitting Customer-Supplied Parts, to the extent provided in clause 19 and required by law.

12. Custody of and care for the Vehicle

12.1 While the Vehicle is in the Company’s possession, the Company will exercise the degree of care, diligence and skill in handling, safeguarding and utilising the Vehicle that can reasonably be expected of it, as contemplated in section 65 of the CPA. Nothing in these Terms and Conditions relieves the Company of that duty.

12.2 Subject to clause 12.1, the Company shall not be liable for loss of or damage to the Vehicle, or any contents in or on it, arising from causes beyond the Company’s reasonable control (including theft, fire, hail, storm, flood, lightning, riot, civil unrest, power surges or the elements), provided the Company has exercised reasonable care. The Vehicle otherwise remains at the Customer’s risk.

12.3 The Customer warrants that the Vehicle is comprehensively insured and acknowledges that it remains the Customer’s responsibility to ensure that its insurance covers the Vehicle whilst at, and in transit to and from, the Company’s premises. The Company does not insure the Vehicle on the Customer’s behalf. The Company maintains such insurance as recorded in clause 30.5.

12.4 The Customer must remove all valuable, personal and removable items from the Vehicle before delivering it, and must declare any unusually valuable property that must remain in the Vehicle. Subject to clause 12.1, the Company shall not be liable for loss of or damage to personal belongings, valuables, documents, loose items, cargo or aftermarket items left in or on the Vehicle.

12.5 The Customer authorises the Company, its employees and authorised agents to drive, road-test and move the Vehicle on public roads and/or on the premises for the purposes of fault-finding, diagnostics, testing, calibration, fitment and completion of the Services. The Customer warrants that the Vehicle is licensed and roadworthy for that purpose and indemnifies the Company against any fine or penalty arising from it not being so, save where caused by the Company.

12.6 Removed and replaced parts (section 67 of the CPA)

12.6.1 Where the Company removes and replaces any part of the Vehicle, the Company will retain the removed part and offer to return it to the Customer, unless: i) the Customer declines the removed part; ii) the part is required to be returned to a supplier or insurer under a warranty, exchange or insurance arrangement; or iii) a law, safety standard or environmental requirement provides otherwise.

12.6.2 The Customer must indicate on the Job Card whether it wishes to receive the removed part/s. Where the Customer elects to receive them, the removed part/s will be made available to the Customer at the Company’s premises when the Vehicle is collected, and it is the Customer’s responsibility to load and remove them.

12.6.3 Collection of removed parts: removed part/s (including but not limited to bumpers, bull bars, suspension components, shock absorbers, leaf and coil springs, wheels, tyres, load bins, canopies, seats, roof racks, tow bars and batteries) that are not collected together with the Vehicle must be collected from the Company’s premises within 7 (seven) days of the Collection Notice, or within 7 (seven) days of the Company notifying the Customer that the part/s are available for collection, whichever occurs later. The Company’s premises are a workshop and not a storage facility, and the Company does not store removed part/s.

12.6.4 Abandonment and disposal: should the removed part/s not be collected within the period stated in clause 12.6.3, the Customer is deemed to have declined the part/s and to have abandoned them, and the Company may thereafter, without further notice to the Customer and without any obligation to compensate the Customer, scrap, recycle, sell, donate or otherwise dispose of the part/s at its sole discretion, and may retain any proceeds of such disposal. The Customer shall have no claim of any nature against the Company arising from such disposal. The Customer’s election on the Job Card, and the date of the notification contemplated in clause 12.6.3, shall be sufficient proof that the Customer was given the opportunity to receive the part/s.

12.6.5 Where the Company agrees, at the Customer’s request, to hold removed part/s beyond the period stated in clause 12.6.3, it may charge the Storage Fee in respect of such part/s, and the part/s are held at the Customer’s risk.

12.6.6 The Customer acknowledges that certain removed part/s (including batteries, tyres, oils and coolants) must be disposed of through a licensed waste handler in terms of applicable environmental legislation, cannot be stored by the Company, and will be disposed of accordingly where the Customer does not take them at the time of collection of the Vehicle.

13. Re-torque, running-in and follow-up checks

13.1 Certain Goods and Services (including suspension components, wheels, wheel spacers, roof racks, load bins, tow bars and other bolt-on Goods) require Re-torque and/or follow-up checks after an initial period of use.

13.2 Where the Company advises that a Re-torque and/or follow-up check is required, the Customer must return the Vehicle within the distance and/or time advised (typically within 100 km to 500 km of fitment). Where no interval is advised, the Customer must return the Vehicle within 500 km or 7 (seven) days of fitment, whichever occurs first.

13.3 The Re-torque and/or follow-up check is provided free of charge unless otherwise stated in writing.

13.4 The Customer acknowledges that fasteners can loosen with use and that the Re-torque and follow-up check is a safety-critical requirement. Should the Customer fail to return the Vehicle for the required check within the stipulated interval, any applicable warranty on the affected Goods and/or Services shall lapse to the extent that the failure caused or contributed to the defect, and the Company shall not be liable for loss, damage, injury or death to the extent arising from the Customer’s failure to do so.

13.5 The Customer must observe any running-in, load, speed, torque, tyre-pressure, maintenance and usage instructions provided by the Company or the relevant manufacturer.

14. Vehicle modifications, electronics, roadworthiness and legal compliance

14.1 The Customer acknowledges that the supply and/or fitment of the Goods may constitute a Modification and may affect the Vehicle’s roadworthiness, Manufacturer Warranty, insurance, finance, GVM/GCM, axle and tyre loadings, handling, braking, fuel consumption, emissions, ground clearance and/or compliance with applicable laws and standards (including the National Road Traffic Act, Act 93 of 1996, and applicable SABS/NRCS compulsory specifications and homologation requirements).

14.2 Permanent alterations: certain fitments require drilling, cutting, welding, trimming (for example of bumpers or wheel-arch flares) or the removal of factory components. The Company will draw material permanent alterations to the Customer’s attention, and the Customer’s Written Approval is required before such alterations are carried out.

14.3 Vehicle electronics: the Customer acknowledges that fitment may interact with the Vehicle’s electronic systems (including ADAS driver-assistance sensors, cameras, radar, airbags, parking sensors, TPMS, battery-monitoring, ECU and CAN-bus systems) and may require recalibration. The Company will advise where recalibration is required; any recalibration not performed by the Company remains the Customer’s responsibility.

14.4 Certification and compliance: it is the Customer’s responsibility to ensure that any Modification is lawful and, where required, is certified, homologated and/or registered (including GVM-upgrade certification, engineering certification, roadworthy testing and the updating of the Vehicle’s particulars). The Company will advise the Customer of certification it understands to be required and will, where agreed, assist in obtaining it, but the Company does not warrant that a Modification renders the Vehicle roadworthy or legally compliant unless the Company or a competent authority has expressly certified it in writing. This clause does not transfer to the Customer any statutory obligation that rests on the Company.

14.5 Insurance and legal use: the Customer is responsible for disclosing all Modifications to its insurer and for ensuring the Vehicle remains adequately insured and lawfully used. Subject to clause 20, the Company shall not be liable for any repudiated insurance claim, fine, penalty, impoundment or loss arising from a Modification or from the Customer’s use of the Vehicle.

14.6 Load limits and safe use: fitting a canopy, drawer system, bumper, winch, suspension, roof rack or similar does not entitle the Customer to exceed the Vehicle’s legal GVM, GCM, axle, tyre, roof-load, towing or tow-ball limits. The Customer must observe all safe-use obligations for off-road, recovery and load-carrying equipment (including winches, recovery points, shackles, jacks, roof tents and awnings).

14.7 Off-road and abnormal use: Goods intended or used for off-road, competitive, commercial or heavy-duty use are subject to abnormal stresses. Subject to clause 20 and the warranties in clause 19, the Company shall not be liable for damage, wear or failure to the extent arising from off-road use, overloading, misuse, abuse, racing or use contrary to manufacturer specifications.

14.8 The Customer acknowledges (see also clause 19.9) that the fitment of Goods may affect or void the Manufacturer Warranty, in particular where the Modification caused or contributed to the relevant fault.

15. Special-order, custom and imported Goods

15.1 Special-Order Goods and Custom Goods are ordered, imported, manufactured or fabricated specifically for the Customer and, save where the law requires otherwise, are not returnable or refundable once ordering, importation or fabrication has commenced.

15.2 For imported Goods, the Customer acknowledges that price, availability and lead time may be affected by exchange-rate movements, supplier delays, freight, customs and duties. The Company will notify the Customer of any material change and, where the relevant Goods have not yet been irrevocably ordered, the Customer may cancel the affected order before those costs are irreversibly incurred, subject to clause 5.2.

15.3 Back-orders: where Goods are on back-order or become discontinued or substantially delayed, the Company will notify the Customer, who may elect to await supply, accept a substitute (clause 15.4) or cancel the affected order and receive a refund of amounts paid in respect of Goods not supplied, less costs lawfully incurred.

15.4 Substitutions: the Company will not substitute a materially different product without the Customer’s Written Approval.

16. Specifications

16.1 The Customer is responsible for ensuring that correct and accurate specifications and descriptions are provided to the Company for each order. A document (including an order form, Quotation, Job Card, e-mail or electronic message) referencing the type, quantity, description or specification of the Goods ordered serves as confirmation of the Customer’s order, subject to the Company’s duty under clause 16.2.

16.2 The Company will take reasonable care to check the compatibility of the Goods with the Vehicle, to identify obvious errors in the Customer’s specification, and to warn the Customer where a chosen product appears unsuitable or unsafe. The Customer indemnifies the Company against claims arising from incorrect Goods ordered or supplied strictly in accordance with the Customer’s specification, save to the extent caused by the Company’s failure to exercise such reasonable care.

16.3 A delivery note signed by the Customer or its representative confirms the visible description, type and quantity of Goods delivered at handover, but does not affect the Customer’s rights in respect of latent defects, quality or statutory or warranty rights.

17. Inspections

17.1 The Customer, or its representative, will have a reasonable opportunity to inspect the Goods and/or the converted/fitted Vehicle before the delivery note is signed and/or before the Vehicle leaves the premises, to satisfy itself that the Goods and/or Services correspond in all material respects to what was ordered and to what an ordinary alert customer would be entitled to expect.

17.2 Signing the delivery note or removing the Vehicle from the premises confirms the Customer’s satisfaction with the visible condition and apparent completeness of the Goods and/or Services at that time. It does not, and cannot, remove the Customer’s rights in respect of latent defects, quality, workmanship, warranties or any statutory right, which are preserved (see clauses 18, 19 and 29).

18. Returns, refunds and exchanges

18.1 The Company will accept the return of Goods and/or the rejection of Services where, and to the extent that, it is obliged to do so by law (including the CPA and ECTA), or where it agrees in writing to do so.

18.2 Nothing in these Terms and Conditions limits the Customer’s rights under the CPA, including (where the CPA applies) the right to return unsafe or defective Goods, or Goods that fail to meet the standard of quality contemplated in sections 55 and 56 of the CPA, within 6 (six) months of delivery.

18.3 Save where the law requires otherwise: 18.3.1 Goods may only be returned with the Company’s prior written authorisation, in their original, unused, unfitted and resaleable condition, with original packaging and proof of purchase; 18.3.2 the Company does not give a change-of-mind refund on Special-Order Goods, Custom Goods, cut-to-size or non-stock Goods, Goods that have been fitted, used, installed or modified, or auto-electrical and electrical Goods, save where the CPA, ECTA or other law requires otherwise; 18.3.3 where a return is accepted for reasons other than a defect, incorrect supply or the Company’s breach (for example a change of mind, at the Company’s discretion), the Company may levy a reasonable handling and restocking fee of up to 15% (fifteen percent) of the price; and 18.3.4 the cost and risk of returning Goods shall be borne as the applicable law prescribes.

18.4 Where a return, replacement or refund is required by law, the Company shall, as the law prescribes, replace the Goods, redo the Services or refund the Customer.

19. Warranties

19.1 Save for the warranties implied by law (including the CPA) and any warranty expressly given in writing by the Company, the Company gives no other warranty in respect of the Goods and/or Services.

19.2 Statutory warranty: where the CPA applies, the Goods and Services carry the implied warranty of quality under section 56 of the CPA, and any new or reconditioned part installed during repair or maintenance, and the labour to install it, carries the 3 (three) month warranty contemplated in section 57 of the CPA. These statutory warranties are not excluded or limited by these Terms and Conditions.

19.3 Workmanship warranty: the Company warrants its own workmanship (the labour of fitment and installation) for a period of 3 (three) months from the Completion Date, or such longer period as the law requires or the Company states in writing. This covers defects in fitment and installation only.

19.4 Manufacturer / supplier warranties: Goods are covered by the warranty (if any) of the relevant manufacturer or supplier. The Company will, where reasonably possible, facilitate and assist the Customer with such claims but does not itself extend or guarantee a manufacturer/supplier warranty. Any product-specific written warranty (for example a suspension or conversion warranty) applies on its own terms.

19.5 Conditions: any warranty is subject to the Customer having complied with these Terms and Conditions, including the Re-torque and follow-up requirements in clause 13 and the usage, maintenance and compliance requirements in clauses 13 and 14.

19.6 Exclusions based on causation: save to the extent required by law, no warranty applies to ordinary wear and tear, consumables, corrosion, or to damage or failure to the extent caused or contributed to by misuse, abuse, accident, collision, racing, overloading, off-road or competitive use, neglect, failure to maintain, unauthorised repair, adjustment or further modification by any person other than the Company, or failure to observe manufacturer or Company instructions.

19.7 Warranty-claim procedure: warranty claims must be submitted to the Company in writing as soon as reasonably possible after the defect becomes apparent, with proof of purchase, the Vehicle details, kilometres travelled, a description of the fault and (where possible) photographs. The affected Goods and/or Vehicle must be made available to the Company for inspection. Where the CPA applies and a repair does not remedy a defect within the statutory period, the Customer’s rights under the CPA are preserved.

19.8 Product recalls and safety: the Company may contact the Customer, and the Customer agrees to make the Goods and/or Vehicle available, where the Company or a manufacturer identifies a safety concern, recall or safety notification requiring inspection, repair or replacement.

19.9 The Customer acknowledges that, by the installation of Goods to the Vehicle, it may forfeit or affect the Manufacturer Warranty, in particular where the Modification caused or contributed to the fault, and indemnifies the Company in that regard, subject to clause 20.

20. Limitation of liability

20.1 Subject to clause 20.4, the Company shall not be liable for any indirect or consequential damages, loss of profit or special damages of any nature, whether or not in the contemplation of the Parties, arising from any act or omission of the Company or anyone else.

20.2 Subject to clause 20.4, the Company shall not be liable for any direct damages, whether or not in the contemplation of the Parties, unless caused by the Company’s failure to exercise reasonable care, or by its wilfully malicious or grossly negligent acts or omissions.

20.3 Subject to clause 20.4, the Company’s total liability to the Customer for any claim shall not exceed the amount actually paid by the Customer to the Company for the specific Goods and/or Services to which the claim relates.

20.4 Nothing in these Terms and Conditions excludes or limits the Company’s liability where it may not lawfully be excluded or limited, including: liability for death or personal injury caused by the Company’s negligence; liability for physical damage to the Customer’s Vehicle or property caused by the Company’s failure to exercise the reasonable care contemplated in clause 12.1 and section 65 of the CPA; liability under section 61 of the CPA (harm caused by goods); and liability for fraud. Where any exclusion or limitation is found to be unenforceable in respect of a particular Customer or transaction, it applies to the maximum extent permitted by law and the remainder of these Terms and Conditions is unaffected.

21. Uncollected vehicles, storage and lien

21.1 The Customer must collect the Vehicle within 5 (five) Business Days after the Company has given the Collection Notice.

21.2 Should the Customer fail to collect the Vehicle within that period, the Company may charge a reasonable Storage Fee of R150.00 per day (or part thereof), inclusive of VAT, from the expiry of that period until the Vehicle is collected, provided the rate is displayed at the Company’s premises and/or disclosed to the Customer in advance. The Storage Fee is payable in addition to all other amounts owing.

21.3 The Company has and retains a lien and right of retention over the Vehicle, the Goods and their contents for so long as any amount (including the price, the Storage Fee, interest and costs) remains owing, and is not obliged to release the Vehicle, Goods or contents until all such amounts are paid in full. Where the Customer is a Consumer, the Company will exercise this right in a manner consistent with the CPA.

21.4 Where the Vehicle remains uncollected for more than 30 (thirty) days after the Collection Notice, and the Customer has failed to respond to a written demand to collect the Vehicle and settle all amounts owing, the Company may take all lawful steps to recover the amounts owing and/or to deal with the Vehicle, including approaching a competent court for appropriate relief. The Company will not sell, cede, dispose of or permanently retain the Vehicle otherwise than as permitted by law and following due legal process.

21.5 The risk in the Vehicle remains that of the Customer during any period of storage, subject to the Company’s duty of care under clause 12.1.

21.6 Removed parts: the collection, abandonment and disposal of parts removed from the Vehicle is governed by clause 12.6 and not by this clause 21.

22. Non-performance / force majeure

22.1 The Customer shall have no claim against the Company for any failure or delay by the Company to perform its obligations as a result of vis major or force majeure, including act of God, strike or lockout, shortage of labour or materials, breakdown of machinery, delays in transport, accidents, default or delay by any sub-contractor or supplier, riot, political or civil disturbance, the elements, any act of state or government, load-shedding, or any other cause beyond the Company’s reasonable control.

22.2 The affected Party will notify the other of the force majeure event as soon as reasonably possible and will use reasonable efforts to mitigate its effects. If the event continues for more than 30 (thirty) days, either Party may cancel the affected uncompleted order by written notice, in which case the Company will refund amounts paid for Goods not supplied and Services not rendered, less costs lawfully and reasonably committed.

23. Suspension of the Company’s obligations

23.1 If any amount owed by the Customer is not paid by the due date, then at the Company’s election (and without prejudice to its other rights): i) all amounts owed by the Customer shall immediately become due and payable; ii) the Company may retain any Goods of the Customer until all outstanding amounts are paid; iii) the Company may suspend the rendering of uncompleted Services until payment is made; and/or iv) the Company may retain any payment made prior to the due date of the payment in question.

24. Cancellation

24.1 The Company may cancel any Goods order or uncompleted Services on written notice where: i) the Customer commits a material breach and fails to remedy it within a reasonable period stated in a written notice (where the breach is capable of remedy); ii) the Customer (being an individual) dies or is sequestered or surrenders its estate; iii) the Customer (being a partnership) is terminated; iv) the Customer (being a juristic person) is placed under liquidation or business rescue; v) the Customer compromises or attempts to compromise with its creditors; vi) a genuine safety concern arises; or vii) the relevant Goods become unavailable from the supplier. The Company’s rights under this clause are in addition to its other rights.

24.2 Upon termination of an order for any reason: i) all amounts owed by the Customer under that order become immediately due and payable; and ii) the Company may retake possession, by lawful means, of any Goods sold where ownership has not passed.

24.3 The Customer may cancel an order by written notice. On such cancellation, the Customer is liable for: i) the price of any Special-Order or Custom Goods already ordered, imported or fabricated; ii) the cost of Goods already fitted and Services already rendered; and iii) the Company’s reasonable losses and actual committed costs, including reassembly, restocking, handling and administration. Any Deposit paid is applied against these amounts and any balance is refunded. Cancellation charges will be based on the Company’s reasonable losses and committed costs and will not amount to an unreasonable penalty. This clause is subject to the Customer’s rights under the CPA and ECTA, where applicable.

25. Protection of personal information (POPIA)

25.1 The Company collects, processes and stores the Customer’s Personal Information (which may include identity and contact details, Vehicle registration and VIN, photographs and CCTV footage, Job Card and warranty records, and insurer and finance-provider details) for the purposes of providing the Goods and Services, processing orders and payments, honouring warranties and follow-up checks, security, complying with the law and communicating with the Customer.

25.2 The Company processes Personal Information in accordance with POPIA and takes reasonable steps to keep it secure and confidential. The Company will retain Personal Information only for as long as necessary or as required by law.

25.3 The Customer consents to the Company sharing Personal Information with third parties (such as suppliers, manufacturers, couriers, payment processors, insurers and professional advisors) to the extent necessary to give effect to the order and these Terms and Conditions, and to lawful cross-border transfer where applicable.

25.4 Service communications: the Customer consents to the Company contacting it about its order, warranties, recalls and follow-up checks (including Re-torque reminders). This consent is separate from any consent to direct marketing.

25.5 Direct marketing: the Customer may separately choose to receive marketing by e-mail, SMS or WhatsApp, and may opt out at any time. Marketing consent is optional and is not a condition of the supply of Goods or Services.

25.6 Photographic consent: permission to photograph the Vehicle for inspection, record and warranty purposes (clause 11.2) is separate from any permission to publish images of the Vehicle in advertising or on social media, which the Company will only do with the Customer’s separate consent.

25.7 The Customer may request access to, or correction of, its Personal Information, or lodge a complaint, by contacting the Company’s Information Officer, Suzanne Nel, at accounts@venture4x4.co.za. Complaints may also be made to the Information Regulator.

26. Complaints and dispute resolution

26.1 Internal complaints: the Customer should first raise any complaint with the Company in writing at sales@venture4x4.co.za (or such address as the Company publishes). The Company will acknowledge the complaint within a reasonable time and investigate and respond to it as soon as reasonably possible.

26.2 Industry ombud: if a complaint by a Consumer is not resolved, the Consumer may refer the dispute to MIOSA (the Motor Industry Ombudsman of South Africa) in terms of the applicable industry code, or to the National Consumer Commission or National Consumer Tribunal, or a court of competent jurisdiction. Nothing in these Terms and Conditions limits those statutory rights.

26.3 Arbitration (Commercial Customers / commercial disputes): save where a Consumer is entitled to and elects a statutory remedy, any dispute arising out of an order or these Terms and Conditions may be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), to be held in Mbombela (Nelspruit), in English, before a single arbitrator, with a view to an expeditious result. This clause does not prevent either Party from approaching a competent court for urgent or interim relief, or for judgment on a liquidated claim.

27. Jurisdiction, governing law and costs

27.1 These Terms and Conditions and all orders, modifications and amendments are governed by and construed in accordance with the laws of the Republic of South Africa.

27.2 The Company may, at its election, institute proceedings in any Magistrate’s Court having jurisdiction, notwithstanding that the amount claimed may exceed that court’s jurisdiction.

27.3 If any claim against the Customer is handed to the Company’s attorneys for collection, the Customer shall be liable for the legal costs actually and reasonably incurred by the Company on the applicable recoverable scale, including reasonable collection costs, subject to the CPA, the NCA and applicable debt-collection rules and any taxation or assessment.

28. Notices and domicilium

28.1 The Customer chooses as its domicilium citandi et executandi (address for service of legal notices and process) the address recorded on the Job Card, order, Quotation or Invoice, or such other address as it may notify to the Company in writing.

28.2 The Company chooses as its domicilium citandi et executandi its principal place of business as recorded on its Quotations and Invoices.

28.3 Any notice shall be in writing. A notice sent by e-mail is deemed received on the first Business Day after sending, and a notice delivered by hand is deemed received on delivery, unless the contrary is proved.

29. CPA and NCA application

29.1 Both the NCA and the CPA (among other laws) may apply to a transaction between the Parties. Nothing in these Terms and Conditions is intended to circumvent the NCA or the CPA where they apply.

29.2 The NCA and CPA apply only to the extent that they apply of their own force; nothing in these Terms and Conditions applies either Act voluntarily where it would not otherwise apply.

29.3 To the extent that any provision of these Terms and Conditions conflicts with a provision of the CPA, the NCA or any other law that applies to the transaction, the provision of that law prevails, but only to the extent of the conflict, and the remaining provisions continue to apply.

30. Miscellaneous

30.1 Severability

30.1.1 Each clause and sub-clause is severable from the others. If any clause or sub-clause is found to be defective or unenforceable by a competent court, the remaining clauses continue in full force and effect.

30.2 Entire agreement and non-variation

30.2.1 These Terms and Conditions, together with the documents referred to in clause 1.8, represent the entire agreement between the Parties in respect of the supply of Goods and rendering of Services. No variation is effective unless recorded in writing (which may be electronic) and agreed by the Company; provided that no term may operate to waive a right that cannot lawfully be waived.

30.3 Assignment

30.3.1 The Customer may not cede or assign its rights or obligations without the Company’s prior written consent, which shall not be unreasonably withheld. The Company may cede and assign its rights and obligations to a third party, provided that no such cession or assignment reduces the rights of a Consumer, and any transfer of Personal Information is done lawfully.

30.4 Relaxation / non-waiver

30.4.1 No relaxation or indulgence which the Company may grant shall prejudice or be a waiver of the Company’s rights to enforce the Customer’s obligations on any subsequent occasion.

30.5 Insurance

30.5.1 The Company maintains such workshop, public-liability and custody / motor-trade insurance as it considers appropriate. Particulars of the Company’s cover are available to the Customer on request. This clause does not constitute an undertaking that any particular loss is insured, and does not relieve the Customer of its obligation under clause 12.3 to insure the Vehicle.

31. Customer acknowledgement and acceptance

31.1 The Customer acknowledges that it has read and understood these Terms and Conditions and agrees to be bound by them by any one or more of the following: i) signing the Job Card, Quotation, order or delivery note (including electronically); ii) accepting a Quotation or Invoice which records that acceptance of that Quotation, or payment against it, constitutes acceptance of these Terms and Conditions as published on the Website; iii) paying a Deposit or the price (or any part); iv) delivering the Vehicle to the Company for the rendering of Services; and/or v) accepting delivery of the Goods and/or the Vehicle.

31.2 Publication and versions: these Terms and Conditions are published on the Website. The version in force at the date of the relevant Quotation, Invoice or Job Card applies to that transaction. The Company may amend these Terms and Conditions from time to time by publishing an amended version on the Website, and an amendment does not affect an order already confirmed. The Company records the version applicable to each transaction and will provide the Customer with a copy, free of charge, on request.

31.3 Section 49 of the CPA: the Customer’s attention is specifically drawn to those provisions of these Terms and Conditions which limit the risk or liability of the Company, constitute an assumption of risk by the Customer, or require the Customer to indemnify the Company, in particular clauses 11, 12, 13, 14, 18, 19, 20 and 21. The Customer is given an adequate opportunity to read and understand those provisions before the transaction is concluded, and may request an explanation of any of them from the Company before accepting a Quotation, paying a Deposit or delivering the Vehicle. Where the Goods and/or Services involve an activity or facility subject to a risk of an unusual character, or a risk of serious injury or death (including GVM/GCM upgrades, suspension conversions, load-carrying equipment and recovery equipment), the Customer’s assent to the relevant provisions is additionally recorded by the Customer’s initials on the risk acknowledgement annexure to the Job Card.

32. Supplier information (section 43 of ECTA)

32.1 Full name and legal status: Adventure LED Lighting CC t/a Venture 4x4, a close corporation incorporated in the Republic of South Africa.

32.2 Registration number: 2003/072674/23. VAT registration number: 4740292125.

32.3 Physical address, and the address at which the Company will accept service of legal documents: 18 Rapid Street, Mbombela (Nelspruit), 1200, Mpumalanga, Republic of South Africa.

32.4 Telephone: +27 79 777 7410. E-mail: duard@venture4x4.co.za. Website: www.venture4x4.co.za.

32.5 Members of the close corporation: Duard Combrink, Stephanie Manktelow, Van Zijl Manktelow.

32.6 A description of the Goods and Services, sufficient to enable the Customer to make an informed decision, is set out on the Website and in the relevant Quotation.

32.7 The full price of the Goods and Services, including VAT and, where applicable, delivery charges, is set out on the Website and/or in the relevant Quotation before the Customer is required to commit to the transaction.

32.8 The payment methods accepted by the Company, and the manner and period within which the Goods will be delivered or the Services rendered, are set out on the Website and in the relevant Quotation. Where no period is agreed, clause 10 of these Terms and Conditions and section 46 of ECTA apply.

32.9 The Company’s return, exchange and refund policy is set out in clause 18 and in the Returns Policy published on the Website.

32.10 The Company’s security and privacy policy is set out in clause 25 and in the Privacy Policy published on the Website.

32.11 Alternative dispute resolution is dealt with in clause 26.

32.12 The Customer may at any time request, free of charge, a copy of these Terms and Conditions and of the Quotation, Job Card and Invoice applicable to its transaction.

32.13 The Customer’s right to cancel certain electronic transactions is set out in clause 4.