Basic Terms and Conditions
§ Detailed description of goods and/or services
Diesel Torque is a business in the automotive accessory industry that sells and Installs performance and fuel saving electronic devices
§ Delivery policy
Subject to availability and receipt of payment, requests will be processed within 4 days and delivery confirmed by way of order number or/and Invoice number (for eg booking number / booking voucher etc). Must mention the use of courier and/or postal services and associated costs, if applicable.
§ The delivery costs are as follows:
R49 via registered RSA mail.
R99 overnight via Speed Services to your nearest Post Office.
R149 overnight to your front door.
§ Export restriction (Optional)
The offering on this website is available to South African clients only
§ Return and Refunds policy
The provision of goods and services by Diesel Torque is subject to availability.
In cases of unavailability, Diesel Torque will refund the client in full within 30 days.
Cancellation of orders by the client will attract a 15 % administration fee.
§ Client‘s return right
(A client is any natural person who enters into a transaction for a purpose which can be attributed to neither their commercial activities nor their independent professional activities)
§ Return policy
Client’s return right
You can return a given received product, without having to state reasons why, within one month. The period shall begin after the receipt of this policy in writing (e.g. letter, fax, email); however, this may not be prior to the receipt of the product by the recipient (in the case of recurring deliveries of similar goods, it may not be prior to the receipt of the first partial delivery) and it may also not be prior to the satisfaction of our information obligations as per Article 246 § 2 in conjunction with § 1 Parag. 1 and 2 EGBGB as well as our obligations listed in § 312g Parag. 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Only with non-packaging items (e.g. with bulky goods) can you also demand a return via a repurchase request in writing. The timely return of the item or the repurchase request shall in itself constitute adherence to the cancellation deadline period. With each return case, the expenses and risk shall be our own. The return / repurchase request must be addressed to:
1 Terne Close
§ Consequences of return
In the event of a valid return, the mutually received benefits shall be returned and, if appropriate, any due additional charges (i.e. interest rates) shall be issued. If the condition of a product has been worsened, or in the event of additional charges (e.g. benefits of use) which may not be issued (in whole or in part) or only in a worsened condition, you must reimburse us accordingly. You will not be required to compensate for any worsened condition caused by appropriate use of the goods. You will only be required to pay compensation on benefits if you have used a product in a way which lies outside the realm of its characteristics and function testing. „Characteristics and function testing“ is recognised as the testing and trying out of the given product as it may be commonly found in the shops. Payment reimbursement obligations must be satisfied within 30 days. For you, the deadline begins when you send the product of the return request for us it begins with the receipt of the same.
§ Cancellation right exclusion
The cancellation right shall not be valid for, among other things: contracts for the delivery of products that are manufactured according to clients‘ specifications; contracts for products which are clearly tailored to personal needs; contracts for products which are not suitable for return due to their condition; contracts for products which can spoil quickly or whose expiration date has passed; contracts for the delivery of audio or video recordings or of software (if the delivered data carriers were unsealed by you); and contracts for the delivery of newspapers, magazines and pictorials (as long as you didn’t submit your contractual agreement for the delivery of newspapers, magazines and pictorials by phone).
§ End of the return policy
NB: Wherever possible, please do not return goods to us as non-prepaid packages but as prepaid packages. We will gladly also refund the postage costs in advance if we are eligible for the return costs. Please prevent the product from becoming damaged or contaminated. Wherever possible, please send the product back to us in its original packaging with all the accessories and with all packaging components. If you no longer have the original packaging in your possession, please use appropriate packaging that will prevent the product from becoming damaged during transportation. The above procedures are not pre-requisites for the validity of the cancellation right.
Diesel Torque shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
§ Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Diesel Torque bank account, the details of which will be provided on request
§ Credit card acquiring and security
Credit card transactions will be acquired for Diesel Torque via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.
PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
§ Customer details separate from card details
Customer details will be stored by Diesel Torque separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
§ Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Diesel Torque takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
§ Country of domicile
This website is governed by the laws of South Africa and ABC chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Diesel Torque may, in its sole discretion, change this agreement or any part thereof at any time without notice.
§ Company information
This website is run by Diesel Torque PTY LTD (sole trader / private company / close corporation) based in South Africa trading as Diesel Torque and with registration number ____________________________ and Mr Craig Berndt Director/Owner
§ Diesel Torque contact details
Support: Email: firstname.lastname@example.org Telephone: +27 (21) 556 6463
General Terms and Conditions
General Terms and Conditions of Diesel Torque
Managing member: Craig Berndt, 1 Terne Close, Parklands, 7441, Western Cape, South Africa.
§ Validity of Terms and Conditions
The supplies, services, offers, licensing and license agreements and workshop services of Diesel Torque are made based on these terms and conditions exclusively. They also apply for all future business relationships even when they have not been expressly confirmed again. The General Terms and Conditions apply to the whole business operations regardless if the business partner is a business man pursuant to South African Commercial Code or a non-commercial customer. All other General Terms and Conditions, including but not limited to conditions of purchase of the customer hereby are protested against expressly, i.e. they are not accepted even if DIESEL TORQUE does not protest against them expressly. Deviations from these terms and conditions only become effective if DIESEL TORQUE expressly confirms them in writing.
§ Acceptance of Terms and Conditions
The customer accepts these terms and conditions by means of the opportunity to acknowledge them and in particular by opening secured packaging or by breaking license seals or notice banderols attached to the product even then if the customer only takes note of them at delivery or performance. In case of services by DIESEL TORQUE which are aimed at supply, change or adjustment of DIESEL TORQUE or control data with or without hardware changes the customer expressly accepts the license terms and conditions included in these terms and conditions as well and undertakes to comply with them.
§ Offer and Acceptance
The offers of DIESEL TORQUE are not binding. The customer is bound to their purchase order or order (as the case may be) for 4 weeks. The confirmation of acceptance by DIESEL TORQUE requires a confirmation in writing or by telex to be valid. This also applies for changes, amendments and supplementary agreements. These are valid only when DIESEL TORQUE confirms them in writing. Delivery and/or invoicing replace DIESEL TORQUE 's written confirmation. Due to the special character of DIESEL TORQUE 's services the acceptance of order by the customer also includes the authorization to do trial drives with the customer's vehicle. All electronic tuning devices have been tested thoroughly and have been adjusted for the relevant vehicle type. Due to the vehicles' specific tolerances they subsequently shall be calibrated individually. The devices may be installed even in difficult installation situations. We do not take responsibility for difficulties arising from serial deviations or faults of the vehicle electronics. Therefore an acceptance of returned electronic devices is not granted.
§ Photos, Technical Specifications, Services, and Other Information
Photos and technical specifications in offers, brochures and publications of DIESEL TORQUE are intended for general illustration and may be subject to change, being technical data. Performance data, speed information, dimensions and weights, fuel consumption and saving information shall be taken as reference values only and are not binding. They do not represent guaranteed characteristics unless they are confirmed expressly in writing in reaction to a contractual query. Data information relates to reference vehicles, deviations in case of the relevant customer vehicle are possible and DIESEL TORQUE does not take responsibility for them. In case of obvious mistakes, typing or calculation errors in the documents submitted by us, DIESEL TORQUE shall not be liable. The customer undertakes to notify DIESEL TORQUE of such mistakes. This also applies in case of missing documents.
Prices are net ex DIESEL TORQUE plus packaging, shipment and insurance costs and plus VAT. Prices valid at the day the agreement is concluded are authoritative. If there are more than 4 months between the conclusion of the agreement and the delivery date, the list price at the delivery date applies. For supplementary services and deliveries DIESEL TORQUE 's prices valid at the day the agreement is concluded apply.
§ Acceptance of Work and Delivery Performances
The customer undertakes to notify DIESEL TORQUE and in case of purchases providing for delivery by carrier the carrier as well of any defects, errors and damages in transit of the delivery items immediately after receiving the goods. Visible volume differences shall be notified to DIESEL TORQUE in writing immediately on receiving the goods, hidden volume differences 2 days after receiving the goods the latest. In case of shipment of the purchase object to the buyer he shall immediately check the purchased item for visible defects on receipt and corresponding complaints shall be assessed towards the carrier immediately at acceptance. When receiving an already damaged shipment the customer is obliged to have the damage confirmed by means of a relevant protocol or a confirmation of damage notification of the carrier.
Breaching this obligation the customer's right to compensation or subsequent delivery expires. By accepting the vehicle from DIESEL TORQUE 's workshop the work is deemed accepted pursuant to the Diesel Torque terms and conditions and South African business code. unless the buyer expressly protests at receipt, indicating specific defects. The buyer falls into arrears with receipt if he does not pick up the vehicle within eight days after being notified that the vehicle has been completed. If a vehicle has not been picked up after the deadline has expired DIESEL TORQUE may charge the local storage charge for the vehicle.
§ Delivery – Delivery Deadlines
The delivery dates notified to the customer by DIESEL TORQUE always are not binding unless expressly agreed otherwise. DIESEL TORQUE only falls into arrears with completion and/or delivery if it is responsible for the delay. Technologically determined changes of form or construction are reserved insofar as the work is not changed in a fashion unacceptable to the customer. In case of Force Majeure or labour dispute DIESEL TORQUE does not fall into arrears.
§ Delivery and Passing of Risk
If the ordered goods are sent to the customer DIESEL TORQUE bears the risk of damage or loss only until it is handed over to the carrier. DIESEL TORQUE reserves the right to choose the type of shipment. If the shipment is delayed due to reasons the buyer is responsible for, the risk of accidental or slightly negligent damage or of accidental or slightly negligent loss of the item already passes to the customer on placing the goods at disposal for shipment. An acceptance of transport costs agreed in individual cases does not have any effect on the passing of risk.
§ Special Notes – Acceptance by the TÜV [? MOT] – Expert's Opinion – General Operating License
We sell items approved by the TÜV as well as non-approved items (racing purposes, export, etc.). For items without TÜV certificate/expert's opinion or general operating license, checking an individual type approval is for the buyer's account if necessary.
If changes of the vehicle's performance data are caused by services of DIESEL TORQUE or by using products of DIESEL TORQUE, the general operating license of the vehicle is void. As a result of such changes the vehicle no longer complies with the South African road traffic license act and may lose its insurance cover. According to legal regulations the customer also is obliged to notify the registration office and his motor insurance of any occurred changes and to arrange a technical vehicle acceptance (e.g. at the SABS) if necessary. However, if the customer uses the vehicle in public traffic, this happens at own risk. DIESEL TORQUE expressly does not accept any liability for damages of the customer or third parties caused by non-compliance with these notes and the legal requirements.
§ Special Notes – Warranty
The customer is advised and acknowledges that the services, products, tuning measures and the changes made to the vehicle, the engine, the controller or the control data within the scope of the tuning results in a change of performance data of the customer's vehicle. The customer hereby is advised that the engine and possibly other vehicle units and vehicle parts as well are exposed to higher stress and strain and this may result in a higher wear and tear of the customer vehicle due to physical reasons. This includes but is not limited to effects of overstressing and continuous output as well as the customer vehicle's maximum speed achieved by the tuning on the vehicle, the engine and its units' life cycles. It is expressly advised that changes of make and performance may result in forfeiture of the vehicle's manufacturer warranty.
Therefore DIESEL TORQUE offers the possibility to conclude an additional warranty agreement. Accordingly DIESEL TORQUE accepts a warranty of 24 months without kilometer limit as of shipment for the parts delivered by it. Further claims of the customer, including but not limited to the controller, the engine or other vehicle units and parts, removal and installation costs as well as damages not concerning the delivery item (including but not limited to consequential harm caused by a defect of tangible or intangible nature) are excluded - if legally admissible. Furthermore consequential harm caused by a defect due to a positive breach of contract or due to right of warranty within the legal scope is excluded as well.
The warranty is executed at DIESEL TORQUE 's choice at its location in South Africa by replacement at no charge or repairs at no charge for the parts DIESEL TORQUE acknowledged to be defective. Replaced parts become DIESEL TORQUE 's property. Until expiration of the purchased item's warranty period warranty on basis of the agreement is granted for the parts installed at the repair or correction of faults. The buyer shall immediately notify DIESEL TORQUE of errors in writing. After discovery of the fault DIESEL TORQUE shall immediately be provided with an opportunity to repair the item. If it is impossible to repair a fault or further tries to repair it are unacceptable the contract partner may demand revocation or abatement of the object of the contract instead of repair.
There is no claim for replacement delivery in case of tuning services due to the special character of the business. The contract partner hereby expressly is advised that the engine is subject to higher stress as well due to the higher KW performance caused by adding a new control chip. DIESEL TORQUE is liable for further damages to the engine or the other parts of the vehicle insofar only as they are caused by defective parts installed by DIESEL TORQUE , i.e. parts not working properly. When installing a new control chip DIESEL TORQUE thus expressly is liable only for such damages to the vehicle caused by a defective chip. Liability for damages arising solely due to the higher strain of the engine is excluded.
The burden of proof for the defectiveness of the parts installed by DIESEL TORQUE lies with the customer. Furthermore no liability for consequential harm caused by a defect is accepted if it is causally connected with a defect of a part installed by DIESEL TORQUE not being notified immediately and DIESEL TORQUE not being provided with an opportunity to repair the defective part or maintenance instructions of the vehicle manufacturer and maintenance notes and warnings created by DIESEL TORQUE additionally have not been complied with or parts not approved by DIESEL TORQUE have been installed in the vehicle or the parts installed by DIESEL TORQUE have been installed in another vehicle.
Estimates only are binding when they have been made in writing and designated to be binding. If it turns out during the operations that the actual costs exceed the estimate by more than 10%, DIESEL TORQUE notifies the buyer of this. If the buyer as a result cancels the order, DIESEL TORQUE may demand the part of the remuneration corresponding to the performed part of the work and reimbursement of the expenses not included in the remuneration.
§ Reservation of Title
The object of the contract remains in DIESEL TORQUE 's ownership until all claims have been paid - even if it had been installed. As long as there is a reservation of title by DIESEL TORQUE all changes disadvantageous for DIESEL TORQUE , sales, pledging, protective conveyance or other relinquishment of the object of the contract to third parties without written approval by DIESEL TORQUE are inadmissible.
During the duration of the reservation of title the goods shall be kept carefully and be maintained in sound condition. The contract partner shall sufficiently insure the relevant item and transfer the rights from the insurance contract to DIESEL TORQUE . If the contract partner does not comply with this obligation, DIESEL TORQUE may take out the insurance at the contract partner's cost and charge the costs to the contract partner.
In case of default or breach of obligations to secure the object it may be demanded to return the object. After written advance notice with reasonable time limit the purchase object may be utilised as best as possible, charging the utilisation profit to the purchase price in direct sale. If the seller demands the return of the purchase object, the contract partner immediately is obliged to return the object to the seller unless he is entitled to a right of retention based on the sales agreement. On demand of the contract partner an expert may be consulted to ascertain the intrinsic value at his own expenses. The value ascertained thereby is binding for the parties.
The contract partner bears all cost from the assertion of right of reservation and the return.
§ Terms of Payment
The shipment is made cash on delivery or cash in advance. If shipments are delivered on invoice according to special agreement, the invoice amount is due immediately on receipt without any deductions. If tuning measures of the vehicle by DIESEL TORQUE have been performed, the payment shall be made on acceptance pursuant to § 6 of the General Terms and Conditions or 8 days after notice the latest in cash or by means of a bank transfer to one of our accounts regarding the completion. In case of default DIESEL TORQUE is entitled to charge interest at a rate of 2% above the rate of the South African Federal Reserve unless DIESEL TORQUE or the customer proves that a higher or lower damage caused by default has been incurred.
The aforementioned interest rate may be made without submitting a confirmation of interest by DIESEL TORQUE 's main bank. If the customer does not pay within a reasonable additional respite DIESEL TORQUE may assert its commercial legal rights, including but not limited to demanding compensation for damages due to non-fulfillment. The amount of the compensation in all cases is 15% of the agreed remuneration unless DIESEL TORQUE is able to prove a higher damage or the customer is able to prove a lower damage.
Additionally DIESEL TORQUE is entitled to choose whether it asserts the outstanding agreed remuneration as compensation for damages as well or if it wants to demand the return of the purchase object.
§ Right of Retention
For any claim DIESEL TORQUE is entitled to a right of retention and right of lien to the object DIESEL TORQUE has come into possession due to the agreement. DIESEL TORQUE is entitled to utilise the lien by way of direct sale. A written announcement to the buyer's last address known to DIESEL TORQUE is sufficient for the notice of sale.
§ Place of performance and venue
Place of performance for the delivery and payment as well as place of venue including cheque, draft and collection proceedings is the company's domicile in South Africa . South African law applies for agreements with customers outside of South Africa.
§ Invalidity of Individual Provisions
The invalidity of individual provisions does not result in the whole agreement's invalidity. Provisions of these conditions invalid in full or in part shall be replaced by such provisions factually and commercially coming as close to the invalid clause as possible