Terms and Conditions – Gripping Performance

STANDARD TERMS AND CONDITIONS FOR THE CARRYING OUT OF REPAIR / SERVICE / MAINTENANCE
OR REPLACEMENT WORK

These terms and conditions will only apply to the servicing, repairs, replacement, refurbishment or
any related activities (the “Work”) that will be carried out on any vehicle(s) or parts, accessories or
other items (collectively referred to as the “Goods”).

1. General

1.1. I(client) have been advised to remove all items of value from the vehicle which are not required
in order to carry out the Work when leaving the vehicle on Gripping Performance (GRIPPING
PERFORMANCE)’s premises. GRIPPING PERFORMANCE does not accept liability for any loss or
damage to any items left in the vehicle.

1.2. GRIPPING PERFORMANCE will take all reasonable steps to take care of my vehicle or goods
whilst in its possession, however I(CLIENT) will have to pay for any loss or damage due to
circumstances outside of the GRIPPING PERFORMANCE’s control. The risk of damage or loss of the
goods will remain my(clients) risk at all times and GRIPPING PERFORMANCE will only be held
responsible for any loss, directly or indirectly attributable to its gross negligence.

1.3. I(CLIENT) acknowledge that Gripping Performance has no obligation to provide me with a
courtesy vehicle. However, if Gripping Performance agree do so as a gesture of goodwill, the
provision and use of the courtesy vehicle will be subject to the availability of vehicles and on the
terms and conditions as Gripping Performance determine.

2. Authorisation of Repair Costs

2.1. I(CLIENT )warrant that the person affixing his/her signature to this document is duly authorised
to approve any Work and I(CLIENT) shall be bound thereto.

2.2. I(CLIENT) understand and agree that I(CLIENT)am liable for any and all costs incurred during the
repair/servicing of my vehicle.

2.3. GRIPPING PERFORMANCE will provide me with an estimate (including stripping, diagnosing,
quoting and reassembling) pertaining to any Work which I(CLIENT) will personally be liable to pay
for, and will obtain my prior approval before carrying out such Work. My(CLIENTS) approval of work
to be carried out which I(CLIENT) will be liable for may be given telephonically and/or electronically
and/or digitally and may be carried out by GRIPPING PERFORMANCE or any agent or sub-contractor
appointed by GRIPPING PERFORMANCE.

2.4. In the event that I(CLIENT) have authorised Work to be carried out as is contemplated in clause

2.3 above, such additional Work will be subject to all these terms and conditions and will not be
deemed to constitute a new or separate contract.

2.5. If I(CLIENT) cancel or fail to authorise the Work, then I(CLIENT) will be liable to pay for the
labour hours that GRIPPING PERFORMANCE spent working on the vehicle up to the date on which
I(CLIENT) gave GRIPPING PERFORMANCE notice of such cancellation.

2.6. I(CLIENT) have been informed that GRIPPING PERFORMANCE does collect, or arrange for
vehicles to be collected. This service is provided at the discretion of GRIPPING PERFORMANCE, and
the company will advise me if it is possible to offer me the service.

2.7. GRIPPING PERFORMANCE, or any of its designated employees, is entitled and authorised to
drive the vehicle on public roads or elsewhere, if required to do so in connection with any
inspection, or Work, or other purposes for which the vehicle is accepted by GRIPPING
PERFORMANCE, including, but not limited to, the testing of the vehicle, determining the nature of
the Work to be carried out, taking the vehicle for body repairs or taking the vehicle to any other
third party service provider as referred to under paragraph 2.7 above.

2.8. GRIPPING PERFORMANCE will carry out the Work as soon as is reasonably possible (bearing in
mind that GRIPPING PERFORMANCE relies on the availability of parts and accessories). Any dates
given for delivery and completion of the Work are estimates only and no exact delivery date or time
has been agreed.

2.9. I(CLIENT) acknowledge that the costs of the Work done by GRIPPING PERFORMANCE or its agent
or subcontractors or parts supplied by such entities may increase and I(CLIENT) agree to pay the
costs of such Work or parts, subject to my receiving notice and approving such increases before
work commences.

2.10. In addition to any storage costs, I(CLIENT) confirm and acknowledge that GRIPPING
PERFORMANCE is entitled to dispose of my vehicle in any manner that GRIPPING PERFORMANCE
deems fit (with or without a Court Order) for the purposes of recovering any amount due to Gripping
Performance for which I(CLIENT) am liable and accordingly indemnify Gripping Performance for any
claims of whatsoever nature that maybe brought against Gripping Performance now or in the future
by my successors in title, or beneficiaries or any other third party.

3. Payment Terms

3.1. I(CLIENT) understand that my Vehicle will only be released to me or my authorised
representative once I(CLIENT) have paid my account in full.

3.2. The Work is completed for the purposes of these terms and conditions when I(CLIENT) have
received notice from GRIPPING PERFORMANCE that my vehicle is ready for collection.

3.3. I(CLIENT) understand that GRIPPING PERFORMANCE may require a deposit before commencing
the Work.

3.4. If GRIPPING PERFORMANCE informs me that the vehicle is ready for collection and I(CLIENT)
don’t collect the vehicle within 3 (three) business days of being notified, GRIPPING PERFORMANCE
may charge me storage fees calculated from the notification date until the date of collection at a
rate of R250-00 (two hundred and fifty rand) per day.

3.5. In addition to the storage costs, I(CLIENT) confirm and acknowledge that GRIPPING
PERFORMANCE is entitled to dispose of my vehicle in any manner that GRIPPING PERFORMANCE
deems fit (with or without a Court Order) for the purposes of recovering any amount due to
GRIPPING PERFORMANCE for which I(CLIENT) am liable and accordingly indemnify GRIPPING
PERFORMANCE against any claims of whatsoever nature that maybe brought against GRIPPING
PERFORMANCE now or in the future by myself or my successors in title, or beneficiaries or any other
third party.

4. Warranties

4.1. I(CLIENT) have been informed that GRIPPING PERFORMANCE endeavours to source only quality
parts in carrying out the Work and the warranty of the parts supplier will apply to the specific part
installed. Gripping Performance cannot determine the timeframe of the parts supplier in this
regard.

4.2. Any applicable warranty will:4.2.1. be void if I(CLIENT) do not strictly comply with the terms and conditions of such warranty;
4.2.2. not apply to ordinary wear and tear and normal usage of the vehicle; and
4.2.3. be void if the vehicle or the parts have been subjected to misuse or abuse.

5. General Terms and Conditions

5.1. Any change to the terms and conditions of this agreement will only be valid if it is made in
writing and signed by both of us.

5.2. No granting of any leeway or the granting of any extension of time will be a waiver of any rights
under this agreement or a change in the terms of this agreement.

5.3. If any clause in this agreement is found to be unenforceable, such clause will be separated from
this agreement, and this will not affect the enforceability of the remainder of the agreement (i.e. this
Agreement will be read as if the unenforceable clause never formed part of this Agreement).

5.4. For the purpose of service of any legal documents or notices in terms of this Offer the parties
choose the addresses on the face of this Offer as their domicilium citandi et executandi for delivery
or service of any legal documents or notices. Any notice can be delivered by hand at such address or
by courier to such address or email to my nominated email address, and will be regarded as having
been received by the party to whom it was so addressed.

5.5. If a party is in breach of this Agreement, the innocent party will have the right to recover all legal
costs and disbursements on an attorney-and-client scale.

5.6. GRIPPING PERFORMANCE will have a general right to retain the Goods and all its contents (a
general right to keep the vehicle as security) for all monies owing to GRIPPING PERFORMANCE by me
on any account whatsoever.