CRAFTED IN STEEL.
FORGED BY FIRE.

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.

Performance modifications, suspension upgrades, brake upgrades, drivetrain modifications, and race car builds are specialist work that alters the Vehicle beyond its factory specification. These modifications are designed to improve performance, handling, or capability beyond what the manufacturer intended.

Modifying a Vehicle's performance characteristics inherently increases the stress on mechanical, structural, and safety-critical components. While the Company will work within parameters appropriate to the intended use of the Vehicle, no performance modification is without risk.

Each vehicle is unique. Even vehicles of the same make, model, and year may respond differently to modifications depending on their condition, service history, mileage, prior modifications, and operating environment.

The Company exercises all reasonable skill and care in performing the Work. However, the Company cannot guarantee that the Vehicle's existing components will withstand the increased demands of performance use indefinitely.

Where work involves custom fabrication (roll cages, mounting brackets, custom exhaust, enclosures, or similar), the principles of hand-built custom work apply: minor variations in finish are inherent to custom fabrication and do not constitute defects.

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.

3.3 — Where the Vehicle is being prepared for motorsport or track use, the Client acknowledges and accepts that:

• Motorsport is inherently dangerous. Vehicles operated on a circuit or in competitive conditions are subjected to forces, temperatures, and stresses far beyond normal road use;
• The Company performs its work to the highest standard it can achieve, but no modification, preparation, or build can eliminate the inherent risks of motorsport;
• The Company's work is designed to meet the requirements specified in the Quotation. If the Vehicle is entered into a specific race series or sanctioning body, it is the Client's responsibility to ensure the specifications comply with the relevant regulations;
• The Company shall not be liable for any damage, injury, or loss arising from the use of the Vehicle in motorsport, track days, or any competitive or high-performance driving activity, except where such damage is directly attributable to proven negligent workmanship by the Company; and
• The Client assumes all risk associated with operating the Vehicle in motorsport or track conditions.

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.

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 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.

5.8 — 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: a deposit is payable before Work commences; progress payments may be required at agreed milestones; final payment, including approved Variation Orders, is due before the Vehicle is released.

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).

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.

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. 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).

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.

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.

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.

10.5 — To claim under warranty, the Client must return the Vehicle to the Company's premises at the Client's cost.

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: verbal abuse, threats, intimidation, or aggressive behaviour; persistent unreasonable demands; harassment via excessive or abusive communications; attending premises uninvited and refusing to leave; false, malicious, or defamatory public statements; and attempting to coerce the Company into accepting obligations outside this agreement.

11.3 — One written warning will be issued. If conduct continues, the Company may terminate per Clause 13.

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: all work completed; all materials purchased or ordered (paid-for materials become the Client's property); reasonable time and labour fees; and direct cancellation costs including restocking and non-refundable orders.

13.3 — An itemised account will be provided.

13.5 — Mid-build Vehicles will be brought to a safe condition at the Client's cost.

13.6 — The Company may cancel if: the Client fails to pay and doesn't remedy within 7 business days of notice; the Client fails to respond within 14 calendar days; the Client repeatedly rushes the Work in breach of Clause 4; the Client breaches Professional Conduct after a written warning; a dispute makes the relationship impracticable; or circumstances make completion impossible.

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.

15.5 — Both parties agree to keep dispute details confidential during the resolution process.

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.

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.

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.