Last updated: March 2026
ATM Chip Tuning Garden Route and Sniper Racing operate as one business. Please review the terms applicable to the service you are engaging.
These terms govern all ECU remapping, dyno tuning, performance modification, and related services carried out by ATM Chip Tuning Garden Route (Pty) Ltd.
Compliant with the Consumer Protection Act 68 of 2008 (as amended)
Governed by the laws of the Republic of South Africa
Version 1.0
This agreement contains terms that limit or exclude the liability of ATM Chip Tuning Garden Route (Pty) Ltd in certain circumstances. It also contains terms under which you, the Client, assume certain risks. These terms are set out in Clauses 3, 4, 7, 8, 9, 10, 12, and 16 of this agreement and are clearly identified throughout.
By signing this agreement, you confirm that these terms have been drawn to your attention, that you have had adequate opportunity to read and understand them, and that you accept them. If you do not understand any term, please ask before signing, or obtain independent legal advice.
2.1 These Terms and Conditions apply to all work carried out by the Company and form part of every Service Agreement entered into between the Company and the Client.
2.2 By signing the Service Agreement, the Client agrees to be bound by these Terms and Conditions. No amendments to these terms shall be valid unless agreed to in writing by both parties.
2.3 In the event of any conflict between these Terms and Conditions and the Quotation, the Quotation shall prevail to the extent of the conflict, except where these Terms address liability, risk, or payment, in which case these Terms shall prevail.
2.4 These Terms and Conditions are subject to and must be read in conjunction with the Consumer Protection Act 68 of 2008. Nothing in these terms is intended to limit or exclude any right that the Client has under the CPA that cannot lawfully be limited or excluded.
This clause contains important information about the inherent risks of ECU remapping and performance modifications. Please read it carefully.
The Client acknowledges and agrees that:
3.1 ECU remapping and performance modifications will, in most cases, void the manufacturer's warranty on the affected systems. This may include but is not limited to the engine, turbocharger, transmission, exhaust system, and related components. The Client acknowledges this risk and accepts full responsibility for any loss of manufacturer warranty coverage resulting from the Work.
3.2 The Company is not responsible for any warranty claim that is declined by the manufacturer or dealer as a result of the Work. The Client is advised to confirm the warranty implications with the manufacturer or dealer before commissioning the Work.
The removal or modification of emissions control equipment (EGR valves, DPF filters, catalytic converters) may affect the Vehicle's compliance with South African emissions regulations and roadworthiness standards. The Client must read and understand this section before proceeding.
3.3 The Client acknowledges and accepts that the removal, bypass, or modification of emissions control equipment — including but not limited to EGR (Exhaust Gas Recirculation) valves, DPF (Diesel Particulate Filter) systems, and catalytic converters — may:
3.4 The Client confirms that they have requested these modifications voluntarily, with full knowledge of the potential legal, regulatory, and warranty implications. The Company performs these modifications at the express instruction of the Client.
3.5 The Company shall not be held liable for any fine, penalty, loss of insurance coverage, loss of warranty, failed roadworthiness inspection, licensing issue, or any other consequence arising from the Client's decision to have emissions control equipment removed or modified.
3.6 The Client indemnifies the Company against any claim, fine, or loss arising from the use of the Vehicle following emissions system modifications requested by the Client.
This clause sets out the Company's policy on service timelines. It limits the Client's ability to demand accelerated completion. Please read it carefully.
4.1 Performance tuning is precision work that cannot be rushed. ECU remapping, dyno tuning, and performance modifications require careful calibration, testing, and verification. The Company will not compromise the quality or safety of its work to meet an artificial or client-imposed deadline.
4.2 The Company will provide an estimated timeframe for the Work at the time of quoting. This estimate is given in good faith and is not a guaranteed completion date.
4.3 Estimated timeframes may be affected by factors including but not limited to: vehicle-specific tuning complexity; unforeseen mechanical or electrical issues discovered during the work; dyno availability; parts availability; the need for Variation Orders; and the Client's own response times.
4.4 The Client agrees not to pressure, rush, or demand accelerated completion of the Work. The Company will not compromise the quality, safety, or integrity of a tune to meet a client-imposed deadline.
4.5 If the Client insists on an accelerated timeline that the Company reasonably believes will compromise the quality or safety of the Work, the Company reserves the right to decline the instruction and, if necessary, to return the Vehicle to the Client. In such circumstances, the Client shall be liable for all work completed and costs incurred, in accordance with Clause 13.
4.6 For the avoidance of doubt: the Company's No Rush Policy does not mean the Company may take an unreasonable time to complete the Work. The Company undertakes to pursue the Work diligently and without unnecessary delay. If the Client reasonably believes the Work has been unreasonably delayed, the dispute resolution process in Clause 19 shall apply.
5.1 The Quotation will clearly distinguish between fixed-price items (where the cost is known) and estimated items (where the cost depends on factors that can only be assessed once the Work is underway).
5.2 Where an item is marked as an estimate, the actual cost may be higher or lower than the estimated amount. Reasons include but are not limited to: the condition of existing engine and turbo components; unforeseen mechanical issues discovered during the work; the Vehicle's response to tuning requiring additional calibration time; and the availability and pricing of components.
5.3 If, during the course of the Work, additional work is required or the scope needs to change, the Company will notify the Client in writing (which may include WhatsApp, email, or SMS) before carrying out the additional work.
5.4 The notification will include a description of the additional work required and the estimated additional cost.
5.5 The Client must approve the Variation Order in writing before the Company proceeds. Approval may be given via WhatsApp, email, SMS, or signed document.
5.6 The Company will not carry out any additional work that has not been approved by the Client, unless the work is urgently required to prevent damage to the Vehicle and the Client cannot reasonably be reached.
5.7 No claim shall be made against the Company for cost variations that have been approved by the Client.
5.8 Unless specifically listed in the Quotation, the following are not included: repairs to pre-existing mechanical faults; replacement of worn or failing engine components; upgrades to cooling, fuel, or exhaust systems required to support increased performance; and any work not described in the Quotation.
6.1 Payment terms are as set out in the Quotation. Unless otherwise agreed in writing, the following applies:
6.2 The Vehicle will not be released until all undisputed amounts due have been paid in full. The Company exercises a lien (right of retention) over the Vehicle in respect of all amounts owed for work performed and materials supplied, as permitted by South African common law.
6.3 Where the Client disputes a specific charge, the Client must pay all undisputed amounts in full. The disputed amount shall be placed into a trust account held by an independent attorney agreed upon by both parties, pending resolution of the dispute in accordance with Clause 19. Upon payment of undisputed amounts and deposit of disputed amounts into trust, the Company shall release the Vehicle.
6.4 If the Client fails to collect the Vehicle or make payment within 14 (fourteen) calendar days of being notified that the Work is complete, a storage fee of R500 (five hundred Rand) per day will be charged.
6.5 The Company reserves the right to charge interest on overdue amounts at the rate prescribed under the Prescribed Rate of Interest Act (currently 11.5% per annum), calculated from the due date until the date of payment.
6.6 Payments may be made by electronic funds transfer (EFT), cash, or such other method as the Company may agree to in writing.
This clause limits the Company's liability for pre-existing conditions in your vehicle. Please read it carefully before signing.
7.1 Before any work begins, a Vehicle Intake Report will be completed jointly by the Company and the Client (or the Client's authorised representative). This report will document the condition of the Vehicle at the time of delivery, including photographs, a diagnostic scan (where applicable), and written notes on the engine, exhaust system, turbo, and related components.
7.2 The Company will conduct the Vehicle Intake Report with reasonable care and diligence, including a baseline diagnostic scan where possible. However, the intake process cannot detect all latent, hidden, or intermittent faults. The Company does not warrant that the intake will identify every pre-existing condition.
7.3 Both parties will sign the Vehicle Intake Report. If the Client is not present at the time of delivery, the Client authorises the Company to complete the report and will be provided with a copy within 48 hours. The Client must raise any objections within 7 (seven) business days of receipt. If the Client disputes any aspect of the report, the Client may request a follow-up inspection within a further 3 (three) business days. If no objection is raised within the initial 7-day period, the report will be deemed accepted.
7.4 The Company accepts no liability for any pre-existing faults, defects, damage, or conditions in the Vehicle that are recorded in the Vehicle Intake Report or that existed at the time of intake but were not visible, detectable, or disclosed at the time of the assessment. The Client has a duty to disclose all known faults, modifications, and conditions to the Company at the time of intake.
7.5 Vehicles are complex mechanical systems. During the course of performance tuning, pre-existing weaknesses may become apparent that were not detectable at intake. These include but are not limited to: worn turbo bearings; weakened head gaskets; carbon buildup; cracked exhaust manifolds; injector wear; and ageing engine internals. The Company shall not be liable for any such pre-existing conditions.
7.6 If a pre-existing fault is discovered during the Work that may affect the tuning or the safety of the Vehicle, the Company will notify the Client and provide a recommendation. The Client may instruct the Company to repair the fault (at the Client's cost, subject to a Variation Order) or to proceed without repair (in which case the Company accepts no liability for any consequences).
This clause limits the Company's liability for loss or damage to your vehicle while on our premises. Please read it carefully.
8.1 The Company will take all reasonable care of the Vehicle while it is on Our premises. The Vehicle will be stored in a secure facility and only accessed by authorised personnel.
8.2 The Company's liability for damage to the Vehicle while on Our premises is limited to damage directly and demonstrably caused by the negligence of the Company or its employees during the course of the Work. This is in line with Section 54 of the CPA.
8.3 The Company shall not be liable for loss of or damage to the Vehicle caused by events beyond the Company's reasonable control, including but not limited to: theft; armed robbery; fire; flood; storm; hail; lightning; power surges; riot; civil unrest; or any other event of force majeure. The Company will take all reasonable steps to mitigate the impact of any such event and will notify the Client as soon as practicable.
8.4 The Client is responsible for maintaining comprehensive insurance coverage on the Vehicle at all times while the Vehicle is on the Company's premises. The Company's insurance covers its own premises, equipment, and stock. The Company's insurance does not extend to client vehicles.
8.5 Before the Work commences, the Client must confirm in writing that the Vehicle is insured and that the Client's insurance policy covers the Vehicle while it is at a third-party premises. If the Client's insurance does not provide such cover, the Client must arrange appropriate cover or acknowledge in writing that they assume the risk.
8.6 Where damage to the Vehicle is caused by the Company's negligence, the Company shall be liable for the reasonable cost of repair. Where such negligence results in a demonstrable reduction in the Vehicle's market value, the Company shall also be liable for the proven diminution in value, subject to the liability cap in Clause 9.1.
8.7 For the avoidance of doubt: the Company cannot and does not exclude liability for loss arising from its own gross negligence, in accordance with Section 51(1)(c)(i) of the CPA.
This clause places a financial cap on the Company's total liability. Please read it carefully.
9.1 Subject to Clause 8.7, the Company's total aggregate liability to the Client under or in connection with this agreement, whether in contract, delict (tort), or otherwise, shall in no event exceed the total value of the Quotation (including approved Variation Orders).
9.2 The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to: loss of profit; loss of revenue; loss of use of the Vehicle; cost of hiring a replacement vehicle; loss of opportunity; reputational damage; or any penalties, fines, or costs arising from the Client's inability to use the Vehicle — except where such loss arises directly from the proven negligence or breach of contract by the Company, in which case liability for consequential damages shall be subject to the cap in Clause 9.1.
9.3 This limitation does not apply to liability that cannot lawfully be excluded under the CPA, including liability arising from gross negligence.
9.4 The Client acknowledges that the pricing of the Work reflects the allocation of risk set out in this agreement.
This clause sets out the warranty on the Company's work. It includes limitations. Please read it carefully.
10.1 The Company warrants its tuning and calibration work for a period of 12 (twelve) months from the date of completion or 20,000 km (whichever comes first), or such other period as may be specified in the Quotation.
10.2 New parts and components fitted by the Company carry the manufacturer's warranty where applicable. The Client's statutory rights under the CPA, including the right to return defective goods under Section 56, are preserved in addition to any manufacturer's warranty.
10.3 The warranty covers defects in the Company's tuning calibration and installation work that become apparent under normal use during the warranty period. The Company will re-tune, recalibrate, or replace the defective work or part at no charge to the Client. Where the Client has a right under Section 56 of the CPA to direct whether the remedy is a repair, replacement, or refund, that right is preserved.
10.4 The warranty does not cover:
10.5 To claim under the warranty, the Client must return the Vehicle to the Company's premises at the Client's cost. The Company will assess the claim and carry out covered repairs within a reasonable time.
The Client agrees to the following:
11.1 The Client, and any person acting on the Client's behalf, is expected to treat the Company's owner, staff, subcontractors, and premises with courtesy and respect at all times. This obligation is mutual.
11.2 The following conduct shall constitute a material breach of this agreement:
11.3 The Company will issue one written warning. If the conduct continues, the Company may terminate the agreement immediately in accordance with Clause 13.
11.4 Upon termination for breach of this clause, the standard cancellation provisions of Clause 13 shall apply.
11.5 The Company shall not be liable for any loss suffered by the Client as a result of a termination caused by the Client's own breach of this clause.
11.6 For the avoidance of doubt: raising legitimate concerns, requesting progress reports, asking questions, and engaging in firm but respectful communication do not constitute a breach of this clause.
The Client is entitled to:
12.1 If the Work is delayed by any act or omission of the Client, the estimated completion date will be extended by a period equal to the delay.
12.2 The Company shall not be liable for any penalty, loss, or cost arising from delays caused by the Client.
12.3 If Client-caused delays exceed 30 (thirty) calendar days, the Company reserves the right to charge a storage fee and to reprioritise its schedule.
12.4 The Company will pursue the Work diligently and without unnecessary delay, in accordance with the No Rush Policy in Clause 4.
12.5 The Company will notify the Client of any material delays as soon as reasonably practicable.
12.6 The Company shall not be liable for delays caused by events beyond its reasonable control.
13.1 The Client may cancel the Service Agreement at any time by giving written notice.
13.2 Upon cancellation, the Client shall be liable for:
13.3 The Company will provide an itemised account of all amounts due.
13.4 The Vehicle will not be released until all cancellation amounts have been paid, subject to the dispute mechanism in Clause 6.3.
13.5 The Company may cancel the Service Agreement if:
13.6 If the Company cancels, the Client will be credited for any payments received, less the value of work completed and materials used or ordered.
14.1 If the Client fails to collect the Vehicle within 90 (ninety) calendar days of being notified that the Work is complete (or cancelled), and fails to respond to at least two written reminders, the Vehicle shall be deemed abandoned.
14.2 The Company shall be entitled to recover all outstanding amounts by exercising any rights available under South African common law, including applying to court for an order authorising the sale of the Vehicle.
14.3 The Company will make all reasonable efforts to contact the Client before taking any action under this clause.
15.1 Any person who makes false, misleading, malicious, or defamatory statements about the Company, its owner, its staff, or the quality of its work will be held fully accountable under South African defamation law.
15.2 The Client agrees to raise any dissatisfaction directly with the Company and follow the dispute resolution process in Clause 19 before making any public statement, review, or social media post regarding the dispute.
15.3 This obligation exists because disputes about performance tuning are technical and require proper assessment. Public statements made before investigation can be inaccurate and cause irreparable damage to a small business.
15.4 If the Client makes a public statement that is false or defamatory, the Company reserves the right to pursue a civil claim for defamation, claim legal costs on an attorney-and-client scale, seek an interdict compelling removal, and report the matter to the relevant platform.
15.5 Both parties agree to keep the details of any dispute confidential while the dispute resolution process is underway.
15.6 This confidentiality obligation does not prevent either party from seeking legal advice, filing a complaint with MIOSA, or exercising any statutory right under the CPA.
15.7 For the avoidance of doubt: this clause does not prevent the Client from sharing their honest, truthful experience after the dispute process has been exhausted. It exists to protect the Company from false statements, from statements made before the dispute process has been followed, and from deliberate attempts to damage the Company's reputation.
This clause requires each party to indemnify the other in certain circumstances. Please read it carefully.
16.1 The Client indemnifies the Company against all claims, damages, losses, and expenses arising from:
16.2 The Company indemnifies the Client against all claims, damages, losses, and expenses arising from:
16.3 The indemnity in Clause 16.2 is subject to the liability cap in Clause 9.1, except in cases of gross negligence.
17.1 All custom tuning maps, calibration files, and proprietary tuning methodologies created by the Company remain the property of the Company.
17.2 The Client receives a perpetual, non-transferable licence to use the tuning map installed on the Vehicle for which it was created. The Client may not copy, extract, distribute, or share the tuning files with any third party.
17.3 The Company may request permission to photograph and use images of the completed Work for marketing purposes. The Client is under no obligation to agree.
17.4 Both parties agree to keep confidential any proprietary information disclosed during the project. This obligation survives termination.
18.1 The Company may subcontract specific elements of the Work to specialist service providers.
18.2 The Company will inform the Client if any significant portion of the Work is to be subcontracted.
18.3 The Company remains responsible to the Client for the quality of any subcontracted work.
19.1 The parties agree to attempt to resolve any dispute amicably and in good faith before resorting to legal proceedings.
19.2 If a dispute cannot be resolved informally within 14 (fourteen) days, either party may refer the matter to mediation.
19.3 If mediation fails within 30 (thirty) days, either party may refer the dispute to the appropriate court.
19.4 Where the dispute relates to the quality of tuning work, the parties agree that the matter shall be assessed by an independent specialist agreed upon by both parties. The cost shall be borne by the party whose position is not supported.
19.5 Nothing in this clause prevents either party from approaching MIOSA or the National Consumer Commission.
20.1 Neither party shall be liable for failure or delay caused by events beyond reasonable control, including natural disasters, fire, flood, pandemic, government action, civil unrest, armed robbery, theft, power failure, load shedding, or supplier disruptions.
20.2 The affected party must notify the other in writing within 7 (seven) days and take all reasonable steps to mitigate.
20.3 If the force majeure event continues for more than 60 (sixty) days, either party may terminate on written notice, and Clause 13 shall apply.
21.1 This agreement is governed by the laws of the Republic of South Africa, including the CPA.
21.2 The parties consent to the jurisdiction of the Magistrates' Court or High Court as applicable.
21.3 The parties choose the following as their respective addresses for service of legal notices (domicilium citandi et executandi):
22.1 This agreement, together with the Quotation, Vehicle Intake Report, and any Variation Orders, constitutes the entire agreement between the parties.
22.2 No variation shall be valid unless recorded in writing and signed by both parties.
22.3 If any provision is found invalid, the remaining provisions continue in full force.
22.4 The Company's failure to enforce any right does not constitute a waiver.
22.5 This agreement is written in plain language in accordance with Section 22 of the CPA.
ATM Chip Tuning Garden Route (Pty) Ltd — Standard Terms and Conditions of Service — Version 1.0
These terms govern all performance modification, race car build, track preparation, and related services carried out by Sniper Racing (Pty) Ltd.
Compliant with the Consumer Protection Act 68 of 2008 (as amended)
Governed by the laws of the Republic of South Africa
Version 1.0
This agreement contains terms that limit or exclude the liability of Sniper Racing (Pty) Ltd in certain circumstances. It also contains terms under which you, the Client, assume certain risks. These terms are set out in Clauses 3, 4, 7, 8, 9, 10, 12, and 16 of this agreement and are clearly identified throughout.
By signing this agreement, you confirm that these terms have been drawn to your attention, that you have had adequate opportunity to read and understand them, and that you accept them. If you do not understand any term, please ask before signing, or obtain independent legal advice.
2.1 These Terms and Conditions apply to all work carried out by the Company and form part of every Service Agreement.
2.2 By signing the Service Agreement, the Client agrees to be bound by these Terms and Conditions. No amendments shall be valid unless agreed to in writing by both parties.
2.3 In the event of conflict between these Terms and the Quotation, the Quotation shall prevail except where these Terms address liability, risk, or payment.
2.4 These Terms are subject to the CPA. Nothing herein is intended to limit or exclude any right that the Client has under the CPA that cannot lawfully be limited or excluded.
This clause contains important information about the inherent risks of performance modifications and motorsport preparation. Please read it carefully.
The Client acknowledges and agrees that:
3.1 Performance modifications will, in most cases, void the manufacturer's warranty on the affected systems. The Client acknowledges this risk and accepts full responsibility for any loss of warranty coverage resulting from the Work.
3.2 The Company is not responsible for any warranty claim declined by the manufacturer or dealer as a result of the Work.
Vehicles prepared for track use or motorsport operate under extreme conditions. The risks are significantly higher than road use. The Client must read and understand this section before proceeding.
3.3 Where the Vehicle is being prepared for motorsport or track use, the Client acknowledges and accepts that:
3.4 The Client indemnifies the Company against all claims, damages, losses, and expenses arising from the use of the Vehicle in motorsport, track days, or competitive driving activities, except where the claim relates directly to proven negligent workmanship by the Company.
This clause sets out the Company's policy on build timelines. It limits the Client's ability to demand accelerated completion.
4.1 Performance work and race builds are specialist crafts that cannot be rushed. The Company's reputation is built on quality and safety, and that requires time, care, and attention to detail. The Client acknowledges and accepts this as a fundamental condition of commissioning work from the Company.
4.2 The Company will provide an estimated timeframe at the time of quoting. This is not a guaranteed completion date.
4.3 Estimated timeframes may be affected by: the complexity of the build; unforeseen technical challenges; parts availability and supplier lead times; Variation Orders; and the Client's own response times.
4.4 The Client agrees not to pressure, rush, or demand accelerated completion. The Company will not compromise quality or safety to meet an artificial deadline.
4.5 If the Client insists on an accelerated timeline that would compromise quality or safety, the Company reserves the right to decline and, if necessary, return the Vehicle in its current state. The Client shall be liable for all work completed and costs incurred per Clause 13.
4.6 Once a build is underway, the Vehicle may be partially or fully disassembled with multiple processes and suppliers involved. The Client acknowledges that a mid-build Vehicle cannot simply be returned at a moment's notice. If the Client requests return of a partially disassembled Vehicle, the Company will bring it to a safe condition and the Client shall bear the full cost.
4.7 The Company will keep the Client informed of progress at reasonable intervals.
4.8 For the avoidance of doubt: the No Rush Policy does not mean the Company may take an unreasonable time. The Company undertakes to pursue the Work diligently. If the Client believes the Work has been unreasonably delayed, the dispute resolution process in Clause 19 shall apply.
5.1 The Quotation will distinguish between fixed-price items and estimated items.
5.2 Where an item is marked as an estimate, the actual cost may vary. Reasons include: the condition of existing suspension, drivetrain, or structural components; unforeseen mechanical issues; the Vehicle's response to modifications; and parts availability.
5.3 If additional work is required, the Company will notify the Client in writing (WhatsApp, email, or SMS) before proceeding.
5.4 The notification will include a description and estimated additional cost.
5.5 The Client must approve in writing before the Company proceeds.
5.6 The Company will not carry out unapproved additional work unless urgently required to prevent damage to the Vehicle.
5.7 No claim shall be made against the Company for approved cost variations.
5.8 Unless listed in the Quotation, the following are not included: repairs to pre-existing faults; replacement of worn components; upgrades to systems required to support modifications; and any work not described in the Quotation.
6.1 Payment terms are as set out in the Quotation. Unless otherwise agreed:
6.2 The Vehicle will not be released until all undisputed amounts are paid in full. The Company exercises a common law lien over the Vehicle.
6.3 For disputed charges, the Client must pay all undisputed amounts. The disputed amount shall be placed into a trust account held by an independent attorney, pending resolution per Clause 19. The Vehicle shall then be released.
6.4 If the Client fails to collect within 14 days of completion notice, a storage fee of R500 per day will be charged.
6.5 Interest on overdue amounts: the rate prescribed under the Prescribed Rate of Interest Act (currently 11.5% per annum).
6.6 Payments may be made by EFT, cash, or agreed method.
This clause limits the Company's liability for pre-existing conditions. Please read it carefully.
7.1 A Vehicle Intake Report will be completed jointly before work begins. This includes photographs and a written condition report covering suspension, brakes, drivetrain, body, and relevant mechanical components.
7.2 The Company will conduct the intake with reasonable care and diligence. However, the process cannot detect all latent or hidden faults.
7.3 Both parties will sign the report. If the Client is absent, a copy with photos will be provided within 48 hours. Objections must be raised within 7 business days, with a follow-up inspection available within a further 3 days.
7.4 The Company accepts no liability for pre-existing faults that existed at intake but were not visible, detectable, or disclosed. The Client has a duty to disclose all known faults and modifications.
7.5 During performance work, pre-existing weaknesses may become apparent: worn bushings, cracked subframes, corroded mounting points, fatigued springs, worn bearings, and similar. The Company shall not be liable for these.
7.6 If a pre-existing fault is discovered that affects the Work or safety, the Company will notify the Client. The Client may instruct repair (at Client's cost via Variation Order) or proceed without repair (accepting the risk).
This clause limits liability for loss or damage while your vehicle is on our premises.
8.1 The Company will take all reasonable care of the Vehicle on Our premises.
8.2 Liability is limited to damage directly and demonstrably caused by the Company's negligence. This is in line with Section 54 of the CPA.
8.3 The Company is not liable for loss or damage from events beyond reasonable control (theft, fire, flood, etc.). The Company will take reasonable steps to mitigate and notify the Client.
8.4 The Client must maintain comprehensive insurance on the Vehicle at all times while it is on Our premises.
8.5 Before Work commences, the Client must confirm in writing that the Vehicle is insured at third-party premises. If not, the Client must arrange cover or accept the risk in writing.
8.6 Where the Company's negligence causes damage, the Company is liable for repair costs and proven diminution in value, subject to the cap in Clause 9.1.
8.7 The Company does not exclude liability for its own gross negligence, per Section 51(1)(c)(i) of the CPA.
This clause caps the Company's total liability. Please read it carefully.
9.1 Subject to Clause 8.7, the Company's total aggregate liability shall not exceed the total value of the Quotation (including approved Variation Orders).
9.2 The Company shall not be liable for indirect, incidental, special, or consequential damages — except where such loss arises directly from the Company's proven negligence or breach, subject to the cap in Clause 9.1.
9.3 This limitation does not apply to liability arising from gross negligence.
9.4 The Client acknowledges that pricing reflects the risk allocation in this agreement.
This clause sets out the warranty. It includes limitations. Please read it carefully.
10.1 The Company warrants its workmanship for 12 (twelve) months from the date of completion, or such other period as specified in the Quotation.
10.2 New parts carry the manufacturer's warranty where applicable. The Client's statutory rights under CPA Section 56 are preserved.
10.3 The warranty covers defects in workmanship that become apparent under normal use. The Company will repair or replace the defective work at no charge. The Client's rights under Section 56 of the CPA to direct the remedy are preserved.
10.4 The warranty does not cover:
10.5 To claim under warranty, the Client must return the Vehicle to the Company's premises at the Client's cost.
The Client agrees to:
11.1 The Client and anyone acting on their behalf must treat the Company's owner, staff, and subcontractors with courtesy and respect. This obligation is mutual.
11.2 The following constitutes material breach:
11.3 One written warning will be issued. If conduct continues, the Company may terminate per Clause 13.
11.4 Cancellation provisions of Clause 13 apply upon termination for conduct breach.
11.5 The Company is not liable for loss caused by termination due to the Client's own conduct breach.
11.6 For the avoidance of doubt: raising concerns, requesting reports, and firm but respectful communication are not breaches of this clause.
The Client is entitled to:
12.1 Client-caused delays extend the estimated completion date by an equivalent period.
12.2 The Company is not liable for any loss arising from Client-caused delays.
12.3 If Client-caused delays exceed 30 days, storage fees and schedule reprioritisation may apply.
12.4 The Company will pursue the Work diligently, in accordance with the No Rush Policy in Clause 4.
12.5 The Company will notify the Client of material delays as soon as practicable.
12.6 The Company is not liable for delays caused by events beyond its reasonable control.
13.1 The Client may cancel at any time by written notice.
13.2 Upon cancellation, the Client is liable for:
13.3 An itemised account will be provided.
13.4 The Vehicle will not be released until cancellation amounts are paid, subject to Clause 6.3.
13.5 Mid-build Vehicles will be brought to a safe condition at the Client's cost.
13.6 The Company may cancel if:
13.7 If the Company cancels, the Client will be credited for payments received, less work completed and materials used or ordered.
14.1 If the Client fails to collect within 90 days and doesn't respond to two written reminders, the Vehicle is deemed abandoned.
14.2 The Company may recover amounts by exercising common law rights, including applying to court for a sale order.
14.3 The Company will make all reasonable efforts to contact the Client first.
15.1 Any person who makes false, misleading, or defamatory statements about the Company will be held fully accountable under South African defamation law.
15.2 The Client agrees to follow the dispute resolution process in Clause 19 before making any public statement.
15.3 Disputes about performance work are technical and require proper assessment. Public statements made before investigation can be inaccurate and cause irreparable damage.
15.4 If the Client makes a false or defamatory public statement, the Company may pursue a civil claim for defamation, seek an interdict, claim attorney-and-client costs, and report to the relevant platform.
15.5 Both parties agree to keep dispute details confidential during the resolution process.
15.6 This does not prevent seeking legal advice, filing a complaint with MIOSA, or exercising CPA rights.
15.7 For the avoidance of doubt: this clause does not prevent sharing honest, truthful experiences after the dispute process is exhausted. It protects against false statements and deliberate reputational damage.
This clause requires each party to indemnify the other. Please read it carefully.
16.1 The Client indemnifies the Company against claims arising from:
16.2 The Company indemnifies the Client against claims arising from:
16.3 The indemnity in Clause 16.2 is subject to the liability cap in Clause 9.1, except for gross negligence.
17.1 All custom designs, fabrication methods, and engineering solutions created by the Company remain the Company's property.
17.2 The Client receives a perpetual, non-transferable licence to use, maintain, and repair the work as built in the Vehicle.
17.3 The Company may request permission for marketing photography. The Client is under no obligation to agree.
17.4 Both parties agree to maintain confidentiality. This obligation survives termination.
18.1 The Company may subcontract specific elements to specialists.
18.2 The Company will inform the Client of significant subcontracted work.
18.3 The Company remains responsible for the quality of subcontracted work.
19.1 The parties agree to resolve disputes amicably before legal proceedings.
19.2 If unresolved within 14 days, either party may refer to mediation.
19.3 If mediation fails within 30 days, either party may refer to court.
19.4 Quality disputes shall be assessed by an independent specialist. The cost is borne by the losing party.
19.5 Either party may approach MIOSA or the National Consumer Commission.
20.1 Neither party is liable for failure or delay caused by events beyond reasonable control.
20.2 The affected party must notify the other within 7 days and mitigate.
20.3 If the event continues for 60 days, either party may terminate per Clause 13.
21.1 This agreement is governed by the laws of South Africa, including the CPA.
21.2 The parties consent to the jurisdiction of the Magistrates' Court or High Court as applicable.
21.3 Domicilium citandi et executandi:
22.1 This agreement constitutes the entire agreement between the parties.
22.2 No variation is valid unless in writing and signed by both parties.
22.3 If any provision is invalid, the remaining provisions continue in force.
22.4 Failure to enforce a right does not constitute a waiver.
22.5 This agreement is in plain language per Section 22 of the CPA.
Sniper Racing (Pty) Ltd — Standard Terms and Conditions of Service — Version 1.0