1. Who we are
Trading name: Swifty’s Car Service Centre
Business / legal name: LAG Investment Group (Pty) Ltd
Co. Reg. 2018/569310/07
VAT No. 4910284688
Head Office Physical Address:
Suite 5 Lighthouse Quarter
14 Chartwell Drive
Umhlanga
Durban
Email: service@swiftys.co.za
Phone: 010 823 2556
Website: https://swiftys.co.za
Country of domicile: South AfricaTransaction currency: South African Rand (ZAR)
We provide motor-vehicle diagnostic, service, maintenance and repair services and supply related parts and consumables.
Services are performed at the Swifty’s branch stated on your job card/booking, not at our Head Office address.
2. Application
2.1 These Terms apply to every job we accept, including diagnostic work, routine services, mechanical and electrical repairs, and parts we supply or fit.
2.2 If anything on a signed job card, written estimate or invoice conflicts with these Terms, the specific written document for that job prevails for price and scope only. These Terms still govern everything else.
2.3 We may update these Terms from time to time. The version in force when you authorise the job applies to that job. The current version will be on our website.
3. Bookings, drop-off and information you must give us
3.1 Bookings are subject to workshop capacity. A booking is confirmed only when we accept it in writing, by message, or by taking the vehicle in.
3.2 You must give us accurate information about:
• the vehicle (make, model, registration, VIN if requested, odometer);
• the fault or work you want done;
• any aftermarket alarm, immobiliser, tracking device, wheel locks or modifications;
• whether the work will be claimed from a warranty, service plan or insurer.
3.3 You warrant that you own the vehicle or are authorised by the owner to leave it with us and to authorise work and payment. You indemnify us against claims by the true owner if that is not true.
3.4 Please remove valuables before drop-off. We are not a bailee of personal items left in the vehicle except as required by law.
4. Estimates, quotes and authorisation (CPA section 15)
4.1 Unless we clearly mark a figure as a fixed quote, any price we give before inspection or strip-down is an estimate only. Estimates can change once we inspect the vehicle, diagnose the fault, or confirm parts prices.
4.2 We will not charge you for work or parts you have not authorised.
4.3 Authorisation may be given by signed job card, email, WhatsApp, SMS, recorded call, or another durable record. We will keep that record with the job.
4.4 If we find that the authorised estimate will be exceeded, or that extra work or parts are needed, we will stop (except for urgent safety steps that reasonably cannot wait) and ask for your further authorisation before continuing.
4.5 You may set a maximum price in writing. We will not exceed that maximum without a new authorisation.
4.6 Diagnostic, strip-and-quote and reassembly time is chargeable at our prevailing rates unless we have agreed in writing that a particular diagnosis is free. Cancelling a warning light is not a repair.
4.7 Parts prices and availability can change between estimate and fitment. If a material change occurs, we will tell you before we order or fit the part where it is reasonably possible to do so.
5. Technical advice and diagnosis
5.1 Any advice given before we have inspected the vehicle is general guidance only.
5.2 Diagnosis is our professional opinion based on the tests and inspection you authorised. Intermittent faults, pre-existing damage and faults that appear only under certain conditions may not be found on the first inspection.
5.3 We are not liable for a fault we could not reasonably have discovered on the authorised inspection or diagnostic procedure, provided we carried that work out with reasonable care and skill.
6. Service, parts and workmanship
6.1 We will perform authorised work with reasonable care and skill, in a workmanlike manner, and within a reasonable time in the circumstances.
6.2 We may use new, reconditioned or quality aftermarket parts unless you have required genuine / OEM parts in writing and those parts are available.
6.3 We do not warrant that a manufacturer or third-party part is free of latent defects inherent in that part. We do warrant our work in fitting it, and we pass through any supplier or manufacturer warranty that we can assign or claim on your behalf.
6.4 Used or customer-supplied parts: if you insist we fit a used part or a part you supply, you accept the condition of that part. Our labour warranty still applies to the fitting, but we do not warrant the quality or remaining life of the part itself.
6.5 Old parts replaced on the job will be made available to you on collection if you ask for them when you authorise the work, except consumables and parts that must be disposed of by law, or parts retained for a warranty, insurance or third-party claim.
6.6 We are not responsible for delay caused by parts back-orders, freight, specialist machining, third-party suppliers, or access to the vehicle being withheld.
7. Additional work
7.1 If we find extra defects while the vehicle is with us, we will contact you and wait for authorisation before doing that extra work, except where immediate work is reasonably necessary to keep the vehicle safe or to prevent further damage.
7.2 If you decline recommended extra work, we may note that on the job card. We are not liable for damage or failure that fairly results from the declined work.
8. Price
8.1 You pay the authorised estimate or quote, plus any later authorised extras, plus VAT where applicable.
8.2 Labour is charged at our published or quoted workshop rate for the time reasonably spent, unless a menu / fixed-price service applies.
8.3 Government, licensing, environmental disposal, after-hours, call-out, towing and storage charges are extra if they apply and were disclosed or authorised.
8.4 An estimate is not a cap unless you have set a maximum price under clause 4.5 or we have given a fixed quote.
9. Payment
9.1 Unless we have agreed account terms in writing, payment is due on completion and before the vehicle is released.
9.2 We may require a deposit before we order parts or start work. Deposits are dealt with in clause 12 and in our Refund and Cancellation Policy.
9.3 We accept EFT, credit card, debit card payments and payments through PayFast (cards, Instant EFT and any other method PayFast enables on our account), as offered at the time. We do not accept cash payments.
9.4 Card and online payments are processed in ZAR. Your bank may apply its own fees on some methods. We do not store full card numbers; PayFast processes those details.
9.5 If a payment is reversed, charged back or fails after release of the vehicle, the amount becomes immediately due and we may recover it, together with reasonable recovery costs.
9.6 We may refuse to start or continue work if a deposit or interim payment we have reasonably requested is not paid.
10. Possession, risk and care of the vehicle
10.1 Risk in the vehicle remains with you, except for loss or damage caused by our negligence or that of our staff.
10.2 We will take reasonable care of the vehicle while it is in our possession.
10.3 We are not liable for:
• pre-existing damage, corrosion, worn components or faults not included in the authorised work;
• damage that occurs because you declined recommended work;
• manufacturer defects in parts we fitted correctly;
• loss of or damage to valuables left in the vehicle;
• indirect or consequential loss (including hire cars, lost income or loss of use), except where the CPA or other law does not allow us to exclude it.
10.4 You should maintain your own comprehensive insurance while the vehicle is with us.
11. Collection, storage and lien
11.1 We will notify you when the vehicle is ready. You must collect it within 7 days of that notice, unless we agree a later date in writing.
11.2 If you do not collect the vehicle within 7 days of our notice that it is ready, storage is charged at R150.00 including VAT per calendar day from the 8th day until collection. We will confirm this rate again in the ready-for-collection notice.
11.3 We have an artisan’s lien over the vehicle for authorised and unpaid charges, including agreed extras, storage and any dishonoured payment. We may retain the vehicle until those amounts are paid.
11.4 The lien and storage charges do not take away your CPA rights in respect of defective goods or services.
11.5 If the vehicle remains uncollected for an extended period after written notice, we may take such further steps as the law allows to recover our charges. We will not dispose of a vehicle except in accordance with applicable law and after reasonable notice.
12. Cancellation, deposits and refunds
12.1 Full detail is in our Refund and Cancellation Policy on our website, which forms part of these Terms. The summary below applies if there is any gap.
12.2 You cancel before work starts
• More than 24 hours before the booked start / drop-off time, and we have not ordered non-returnable parts: we refund any deposit or prepayment, less any PayFast or bank fee we cannot recover.
• Less than 24 hours before, or a no-show: we may retain a reasonable cancellation fee of R350 or 10% of the estimated labour, whichever is greater, and the cost of any non-returnable parts already ordered on your authorisation.
• Remaining deposit after those deductions is refunded.
12.3 You cancel after drop-off or after work has started:
You pay for diagnostic / strip-and-quote work done, labour already performed, and parts fitted or ordered that cannot reasonably be returned. Any unused balance of a deposit is refunded.
12.4 We cancel:
If we cannot honour the booking or cannot complete the authorised work within a reasonable time and you do not wish to wait, we refund amounts paid for work not performed and parts not supplied, or we rebook if you prefer.
12.5 We always refund:
• duplicate or incorrect charges;
• amounts taken after a valid cancellation;
• charges for work or parts you did not authorise;
• amounts you are entitled to under the CPA where goods or services fail the quality standards and the Act gives you a refund remedy.
12.6 Approved refunds are paid back to the original card or PayFast method where possible, otherwise by EFT. We will issue a refund receipt. We aim to process approved refunds within 10 business days after the amount is agreed. Your bank may take longer to show the credit.
12.7 A change of mind after authorised work has been properly completed is not a ground for a refund.
13. Warranty on parts and labour
13.1 In addition to any longer manufacturer or supplier warranty, new or reconditioned parts we supply and fit, and the labour to fit them, are warranted for a minimum of 3 months from the date of fitment, as required by CPA section 57.
13.2 We may offer a longer workshop warranty on a particular job (for example 3 months or 10 000 km, whichever comes first). If we do, that will be stated on the invoice. It never reduces the statutory 3-month minimum.
13.3 The warranty does not cover:
• ordinary wear and tear;
• misuse, racing, overload, neglect, or failure to follow service intervals or operating instructions;
• work or parts supplied by someone else after our job;
• consumables (oils, filters, bulbs, brake pads and similar items) beyond ordinary workmanship on installation, unless a defect is present at fitment;
• customer-supplied or used parts themselves (labour to fit them is still covered).
13.4 If a warranted defect appears, bring the vehicle back to us promptly and allow us a reasonable opportunity to inspect and remedy it. We will repair or replace the failed part and redo the related labour if the claim is valid.
13.5 If we repair a warranted item and, within 3 months after that repair, the same failure is not remedied or a further related failure is discovered, your remedies under CPA section 56(3) apply to those goods (replace the goods or refund the price paid for those goods), at your direction as the Act provides.
13.6 Warranty work must be booked with us. We are not obliged to pay another workshop unless we agreed in writing or the law requires it.
14. Quality of service and your CPA remedies
14.1 You are entitled to services performed timely and in a manner and quality persons are generally entitled to expect (CPA section 54), and to goods that meet the standards in CPA section 55, subject to the exceptions in the Act (including goods offered and accepted in a particular condition).
14.2 Within 6 months after delivery of goods, if those goods fail the section 55 standards, you may return them without penalty and at our risk and expense, and require repair, replacement or a refund as section 56 provides.
14.3 These statutory rights sit alongside the workshop warranty in clause 13. Where both apply, you are not required to give up a right the Act says you may elect.
15. Limitation of liability
15.1 Nothing in these Terms excludes or limits:
• liability for death or personal injury caused by our negligence;
• liability for fraud or fraudulent misrepresentation;
• any CPA right that cannot be excluded;
• any other liability that South African law does not allow us to exclude.
15.2 Subject to clause 15.1, we are not liable for indirect or consequential loss, including hire of alternative transport, loss of profit, loss of use, or wasted time.
15.3 Subject to clause 15.1, our total liability arising out of any one job is limited to the amount you paid us for that job.
15.4 Clauses that exclude or limit liability apply to the extent they are fair and reasonable in the circumstances and permitted by the CPA (sections 48 to 51). If a clause is too wide, it is to be read down to the maximum enforceable extent.
16. Online payments and PayFast
16.1 Online payments are processed by PayFast on our behalf. Card details are entered on PayFast’s secure pages. We do not receive or store full card numbers.
16.2 A payment is only treated as received when PayFast confirms a successful transaction.
16.3 Refunds of PayFast payments are processed in line with clause 12, our Refund and Cancellation Policy, and PayFast’s rules (same card or original method where required; refund not exceeding the original transaction).
16.4 Chargebacks do not cancel authorised work already performed. If a chargeback is unsuccessful or relates to work you authorised and received, the amount remains payable.
16.5 If we send you a PayFast payment link, the payment is covered by these Terms and the Refund and Cancellation Policy published on our website.
17. Privacy
17.1 We collect name, contact details, vehicle identifiers and payment references in order to book, perform and invoice the job, to contact you about the vehicle, and to meet legal, warranty and accounting duties.
17.2 We process personal information in line with the Protection of Personal Information Act 4 of 2013. We do not sell your information. We may share it with parts suppliers, insurers, warranty administrators, payment processors (including PayFast) and professional advisers where needed for the job or required by law.
17.3 Our full privacy notice, if published separately on the website, forms part of these Terms.
18. Complaints and disputes
18.1 Please raise a complaint with us first in writing to service@swiftys.co.za with the job card or invoice number. We will try to resolve it promptly.
18.2 If we cannot resolve it, you may refer the matter to:
• the Motor Industry Ombudsman of South Africa (MIOSA) — https://www.miosa.co.za
• the National Consumer Commission
• any other ombud or consumer court that has jurisdiction
18.3 Nothing in this clause prevents either party from approaching a court of competent jurisdiction where the law allows.
18.4 These Terms are governed by the law of the Republic of South Africa. The courts of South Africa have jurisdiction, without limiting any consumer forum that has statutory jurisdiction.
19. General
19.1 If any clause is invalid or unenforceable, the rest of these Terms remain in force.
19.2 Our failure to enforce a clause is not a waiver of it.
19.3 You may not transfer your rights under a job without our written consent. We may use competent subcontractors (for example specialist machining, auto-electrical or glass) and remain responsible to you for the authorised work.
19.4 These Terms, the job card, the authorised estimate or quote, the invoice and the Refund and Cancellation Policy are the entire agreement for that job. They replace any earlier verbal statements about that job.
19.5 We may refuse a booking or a vehicle where we reasonably believe the work is unsafe, illegal, beyond our capability, the customer has booked previously and not arrived for the appointment without notifying the workshop in advance, or the customer has previously left amounts unpaid.
20. How services are “delivered”
Workshop services are performed at our premises at the branch you booked with. The vehicle is returned to you by collection from our premises unless we have agreed in writing to deliver or tow it.
These services are offered to customers dealing with us in South Africa.