Terms & Conditions
Know your rights!
All information and contents of this website are subject to copyright protection. All intellectual property vests in iScratch and its directors and any unauthorised reproduction, adaptation or modification thereof shall constitute copyright infringement. iScratch and its directors do not accept any liability for damages arising from the use of any information available on this website.
The South African courts will have non-exclusive jurisdiction over any claim or dispute arising from, or relating to, any visit to or use of the website or information available thereon. Should the dispute arise within the jurisdiction of a country other than South Africa, the laws of such country shall apply.
TERMS & CONDITIONS
By making use of the website, you agree to the following:
You understand that when using the website, you will be exposed to content from a variety of sources, and that iScratch and its directors are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content, and you agree and assume all liability for your use of this website and the content thereof.
You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, defamatory or slanderous and you agree to hereby waive any rights or remedies you have or may have against iScratch or its directors.
You agree to defend, indemnify and hold harmless iScratch and its directors from and against any claims, damages, obligations, losses, liabilities, costs, debt and expenses arising from your use of the website or the services offered thereon, your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right, any claim that content listed or posted by you caused damage to a third party.
You agree that use of the website and the service offered thereon is at your own risk and that the website and services are provided on availability and without any warranties. iScratch and its directors disclaim all warranties in connection with the website and your use thereof. iScratch and its directors make no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website or services, any unauthorised access to or use of our servers or any personal or financial information stored therein, any interruption or termination of transmission to or from the website, any bugs, viruses or other malicious content which may be transmitted to or through the website, or any errors or oversights in any content or for any loss or damage incurred as a result of the use of the website, services offered thereon or any content posted, transmitted or made available on the website.
iScratch and its directors shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of use of the website or the services offered thereon. Such limitation of liability shall also apply with respect to damages incurred by services or products received through or advertised in connection with the website or the services thereon or any links on the website.
iScratch and its directors shall not be liable for user submissions or defamatory, offensive, or illegal conduct of any user or third party and the risk of harm or damage falls on the user.
Stone chips, touch-ins and any other work identified on the Estimate as an Improvement will not constitute a Repair and will not be undetectable against the original finish. The level of improvement is not guaranteed.
PLEASE NOTE WE ARE NOT RESPONSIBLE FOR ANY DAMAGES CAUSED BY FIRE, THEFT OR ANY OTHER CAUSE WHAT SO EVER TO VEHICLES, GOODS & PROPERTY, WHEN PARKED, STORED OR LEFT AT OUR PREMISES. ALL LEFT AT OUR PREMISES ARE BEING DONE SO AT THE VEHICLE OWNER'S OWN RISK.
WE ONLY WORK ON THE AREA AS SPECIFIED ON YOUR QUOTATION AND WILL NOT BE BLAMED OR HELD RESPONSIBLE FOR ANY OTHER DAMAGE NOTICED AFTER COMPLETION OF THE REPAIR.
PLEASE SPEND SOME TIME GOING OVER YOUR VEHICLE'S CURRENT CONDITION AND
FAMILIARIZE YOURSELF WITH ALL POSSIBLE DEFECTS TO AVOID ANY UNHAPPINESS LATER.
Extent of guarantee
iScratch guarantee Repairs to the vehicle for the owner of the vehicle whilst that person retains ownership. The guarantee is a formulation and application guarantee: that the finish will not degrade due to the paint being improperly mixed or applied by iScratch.
In the event of a claim, the Customer must produce a copy of the invoice. It is a condition precedent to the customer being able to claim on the guarantee that such paperwork is produced to iScratch. Statutory rights are not affected. It is incumbent on the Customer to keep the invoice and receipt as proof of work carried out. No guarantee claim shall be considered by iScratch without the appropriate paperwork.
In the event that the Customer meets the cost of Repair(s) for a third party, it is the responsibility of the third party to retain a copy of the invoice which must be produced in the event of a claim.
No guarantee of any sort is offered against damage or deterioration to the finish in the following ways:
i. By any corrosion or rust (whether or not it was evident before the repair was carried out;
ii. Failure of the surface to which the repair is applied (i.e. as the result of a previous aftermarket repair);
iii. Further accident or impact (including but not limited to stone chipping);
iv. Inappropriate aftercare, contrary to instructions supplied upon completion of the Repair(s), including but not limited to washing the vehicle within three days of completion of work, the use of corrosive cleaning agents, i.e. acidic alloy wheel cleansers.
Improvements, as set out in paragraph labeled "Improvements" , are not covered by any guarantee.
Alloy Wheel repairs are covered by a six month guarantee unless otherwise stated and are subject to the above exceptions.
Any refund or liability shall be limited to the maximum of the value indicated for the repair on the Estimate or Invoice.
The guarantee is not transferable.
Claims made under the iScratch guarantee shall be referred to the technician that completed the Repair(s),who has the right to repeat the repair processes : to carry out the service again. If this is not possible, the right to a price reduction (which may be the full amount of the price for the unsatisfactory repair, not necessarily the full invoice value) will be considered by iScratch.
EXAMPLE CANCELLATION FORM
• To (Enter the full business name and contact details):
• I/We (*) hereby give notice that I/We (*) cancel my/our contract for the supply of the following service (*)
• Ordered on(*) / received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
iScratch undertakes to:
to use any confidential or disclosed information only for the purpose for which it was disclosed to iScratch;
to treat and safeguard any confidential or disclosed information as private and confidential;
to ensure the proper and secure storage of all confidential and disclosed information;
not to, without the prior written consent of the discloser, disclose or reveal any confidential or disclosed information to a third party:
other than to its employees who are required in the course of their duties as employees to use such confidential or disclosed information; and
except where required by law or by a governmental or regulatory body to do so;
to make its employees aware of the confidentiality obligations vesting in iScratch in relation to any confidential or disclosed information received from a discloser and to take any required steps as may be deemed necessary to enforce such obligations on its employees;
to take any actions and measures, as may be required by law or by a governmental or regulatory body, protect any confidential or disclosed information;
not to force the discloser to disclose, reveal or exchange any information to iScratch or its employees; and
to, on written request of the discloser, destroy, delete or remove from its records any confidential or disclosed information received from the discloser.
Repairs may be completed at a location agreed with the customer, or at iScratch’s
iScratch reserves the right to decide, in its sole discretion, upon the suitability of the location and will not be obliged to complete repairs if the location is not safe or suitable. This location may, therefore, be changed at any time including on the day of the booked repair as variable factors, including but limited to, safety, weather and available light affect this decision.
If iScratch decide that the repair should be completed at a location other than that originally envisaged, the customer authorize iScratch to remove the vehicle to an alternative location. Removal and return of the vehicle in these circumstances will be free of charge.
If, for any reason, including but not limited to inclement weather, iScratch is unable to carry out the repair(s) at the time, date or location indicated on the Estimate or subsequently agreed at the time of booking, iScratch will not accept any liability for costs or inconvenience incurred by the customer as a result.
iScratch will make an offer to conduct the repair(s) at the Estimate price at an alternative time, date or location convenient to both parties.
iScratch undertakes to carry out the Repair(s) indicated on the Estimate. If it becomes clear that, in the opinion of iScratch, that further work is necessary to complete the Repair(s), the customer’s authorisation and agreement will be obtained before any further work is carried out that would increase the price on the Estimate. If such authorisation is not given, iScratch reserves the right not to continue with the Repair(s). In these circumstances the full Estimate price remains payable by the Customer. Further work that does not increase the Estimate price may be carried out without the requirement for customer authorisation.
Any vinyl decals(stickers) or badges within the repair area would have to be removed. Moulded badges(metal or chromed plastic) will be re-used by fitting it with new "badge tape" at no additional charge. Vinyl lettering are not reusable and will be additionally charged for. Alternatively the customer may supply the vinyl decals and we'll gladly apply them to the repaired panel(s)
No repairs will be identical to an automotive factory finish, which is machine sprayed to tolerances beyond human capability: no repair will be ‘as good as new’. iScratch discharges its obligations under any repair agreement by providing a good quality, hand completed aftermarket repair. In normal circumstances, such a repair is unlikely to be detected by a casual examination of the vehicle by an untrained observer unaware of the previous damage location.
End of lease inspectors may, as trained experts in their field, be able to identify Repairs.
The iScratch repair system includes elements (including but not limited to factory paint reproduction information) that are provided by a third party. Finish, including but not limited
to, colour match, may be approximate only when limitations of such third party elements prevent a more precise finish. In such a case, provision of by iScratch of an approximate
finish will be considered to constitute a good quality repair.
It is the absolute responsibility of the customer to advise iScratch of any non-original finish to any areas on the vehicle, including but not limited to repairs to previous damage and resprays.
In the case of incompatibility with a non-original finish (whether or not notified by the customer) iScratch has the right to void this contract. In these circumstances, iScratch will not be obliged to complete or rectify any Repair(s) and the customer will be obliged to make payment for work completed uptill that stage. iScratch has the right to void this contract, in the circumstances stated above, even if the Customer is not aware of any non-original finishes to the vehicle.
Call out charges
No call out charges within 15km of our premises in Kuils River.
If not within 15km, we charge a fixed rate of R7.50 for each km above our FREE 15km.
If for whatever reason a repair requires more than one visit to complete, additional call out charges will be calculated on this principal and added to your account for payment on completion of the repair.
In order for us to schedule a repair day for your vehicle, we request payment of a 50% deposit on the total amount invoiced.
On receival of your payment notification, a definate repair date will be set for the repair and all material, including special paint mixes, ordered from our suppliers.
Please note that there's NO REFUNDING OF DEPOSITS, once we've ordered material required for your repair.
(1) Introduction - This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(2) Intellectual Property Rights - Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
(3) Licence to Use Website - You may view, download for caching purposes only, and print pages from the website, provided that:
(a) You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. (Though we encourage fair use for academic / non commercial purposes)
(b) You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(4) Limitations of Liability - The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Comments - You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.
(6) Third party websites
The website contains links to other websites. We are not responsible for the content of third party websites.
(7) Variation - We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(8) Entire agreement - This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
(9) Law and Jurisdiction - This notice will be governed by and construed in accordance with South African law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of South Africa.