Master Terms and Conditions of Sale
Midvaal Diesel & Turbo (Namibia) cc
- Application of Terms: The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
- Invoicing & Payments: Our invoices are payable on receipt, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, Midvaal Diesel & Turbo (Namibia) cc reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. Midvaal Diesel & Turbo (Namibia) cc will be authorized to suspend any provision of services without prior warning in the event of late payment.
- Pricing Currency Definition: Unless explicitly stated otherwise, all prices, quotations, and invoices are denominated and payable in Namibian Dollars (N$).
- Price Adjustments: All prices are subject to change without prior notice.
- Quotation Validity & Exchange Rates: Prices quoted for imported parts are subject to currency fluctuations and supplier increases. Even if a quotation is paid in full, any price difference at the time of invoicing due to exchange rate changes or cost increases will be billed to the customer.
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Diagnostic Disassembly & Quote Rejection:
Diagnostic testing, stripping, and cleaning of components (such as diesel pumps, injectors, or turbochargers) to prepare an accurate quotation require specialized labor, equipment, and the destruction of existing gaskets/seals. If the customer rejects a quotation:
- A diagnostic and stripping fee will be billed to the customer to cover labor and consumables.
- The component will be returned to the customer in a completely disassembled, "stripped" state.
- If the customer insists on reassembly of a rejected, un-repaired unit, Midvaal Diesel & Turbo (Namibia) cc will charge an assembly fee and will provide absolutely no warranty or guarantee on the safety, structural integrity, or performance of the reassembled unit.
- Reservation of Ownership (Title): Items sold remain the property of Midvaal Diesel & Turbo (Namibia) cc until paid in full.
- Right of Retention (Lien) & Storage Fees: All goods, components, or vehicles delivered to Midvaal Diesel & Turbo (Namibia) cc for repair, diagnostic testing, or quote estimation are subject to a pledge and right of retention (repairer's lien) in favor of Midvaal Diesel & Turbo (Namibia) cc for all monies owed. If goods or vehicles are not collected within fourteen (14) days from the date of notification that they are ready for collection, a storage fee of N$ 150.00 per day (or N$ 500.00 per day for vehicles left on-site) will be charged to the customer. If goods remain unclaimed and unpaid for more than ninety (90) days, Midvaal Diesel & Turbo (Namibia) cc reserves the right, in accordance with Namibian law, to sell the goods via public auction or private treaty to defray costs and outstanding balances.
- Late Payment & Debt Collection: If a payment is still outstanding more than sixty (60) days after the due payment date, Midvaal Diesel & Turbo (Namibia) cc reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
- Withholding Tax: Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can Midvaal Diesel & Turbo (Namibia) cc become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to Midvaal Diesel & Turbo (Namibia) cc in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
- Performance Obligations: Midvaal Diesel & Turbo (Namibia) cc undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. Midvaal Diesel & Turbo (Namibia) cc cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
- Claims Notification: In order for it to be admissible, Midvaal Diesel & Turbo (Namibia) cc must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
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Final Sales (No Returns):
We strictly do not accept returns or exchanges on:
- Electrical parts.
- Special order parts.
- Correctly supplied parts (parts supplied accurately according to the order/vehicle specifications).
- Core Return Policy (Exchange Sales): Where parts are sold on an "exchange" basis, a core charge deposit will be invoiced. This core charge will only be refunded if the old unit (the core) is returned to Midvaal Diesel & Turbo (Namibia) cc within thirty (30) days from the date of invoice. To qualify for a refund, returned cores must be the identical model, fully assembled, complete, and in a rebuildable condition (free from external fire damage, housing cracks, or disassembly).
- Customer-Supplied Parts: Midvaal Diesel & Turbo (Namibia) cc does not offer any warranty, guarantee, or representation of performance on any spare parts, seals, or components supplied directly by the customer. If we agree to fit customer-supplied parts, the customer accepts full liability for the repair. Any subsequent failure of the component, engine damage, or labor costs arising from a failure of a customer-supplied part is entirely at the customer’s risk and expense.
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Limitation of Liability & Exclusion of Consequential Damages:
- Midvaal Diesel & Turbo (Namibia) cc shall not be responsible or liable to the customer for any loss or damage; direct, indirect, or consequential, recovery charges, loss of revenue, downtime compensation, loss of use, lodging, phone calls, inconvenience, vehicle rental charges, courier or delivery charges or any other cost arising from the malfunction or non-availability of the unit(s) during repairs; nor for any cost resulting directly or indirectly from defects patent or latent in workmanship, material and/or parts, and whether caused by or arising from any liability of The Repairer by virtue thereof is hereby expressly excluded.
- Under no circumstances whatsoever shall Midvaal Diesel & Turbo (Namibia) cc be held liable for any damages to the vehicle's engine block, pistons, valves, turbocharger oil feed lines, cooling systems, or any associated mechanical components resulting from the failure or malfunction of any supplied or repaired component. Our liability is strictly limited to the repair or replacement of the specific component supplied by us.
- We do not cover, and explicitly exclude, any labor charges or costs billed by third-party workshops for the removal, diagnostic tracing, or re-installation of our parts, nor do we cover towing or recovery fees.
- Governing Law: All our contractual relations will be governed exclusively by Namibian law.
Common Rail Injector Conditions of Sale
Midvaal Diesel & Turbo Namibia cc (The Repairer) guarantees the customer that it will repair, replace, or adjust any part of the reconditioned unit(s) found to be defective in materials or workmanship during the initial six (6) months, 30,000 kilometers, or 600 hours from the invoice date, free of charge, provided the following warranty conditions are fulfilled.
The customer contracts with The Repairer on the basis that the responsibility of The Repairer for defects in workmanship and/or material, and/or parts supplied by The Repairer is bound by the terms and conditions of the warranty, limited to the repaired component(s) only, and is not responsible or liable to the customer for any loss or damage, whether direct, indirect, or consequential. This includes recovery charges, loss of revenue, downtime compensation, loss of use, lodging, phone calls, inconvenience, vehicle rental charges, courier or delivery charges, or any other costs resulting from the malfunction or unavailability of the unit(s) during repairs. Additionally, any cost resulting directly or indirectly from defects, whether patent or latent, in workmanship, material, and/or parts, and whether caused by or arising from any liability of the repairer, is hereby expressly excluded.
Critical Warranty Checklist
The warranty will not cover any unit(s) which have become defective as a result or consequence of the customer’s failure to comply with the following:
- Injectors must be properly fitted, maintained, used, and/or operated in accordance with the instructions and recommendations specified for the unit/s by the OEM.
- The OEM manufacturer's procedures for injector replacement must be adhered to, which includes cleanliness standards and tightening torques.
- The fuel tank, fuel supply, and return lines must be removed, cleaned, and then the fuel replaced.
- The fuel filter must be replaced during the fitting process.
- New high-pressure fuel lines need to be installed from the pump to the rail and from the rail to the injectors, with documentation required for potential warranty claims. No warranty will be acknowledged if the high-pressure fuel lines were not replaced.
- The common rail should undergo ultrasonic cleaning or be replaced with a new unit.
The warranty covers failures caused by faulty workmanship and/or parts supplied by The Repairer. Customer-supplied parts and any failures due to external factors such as lack of lubrication, and/or fuel contamination are not covered by this warranty.
Injectors should not be fitted or used unless all the items listed above have been adhered to.
Important Workshop Notes
- All warranty work must be conducted by us; we will not accept any test reports and/or charges from a 3rd party.
- If the seals are broken on the pump/injector(s) the warranty will be void unless you have prior permission from us in writing to do so.
- Fuel pumps/injector(s) returned under warranty that are subsequently found to have no fault will incur re-test charges.
- Please call our diesel workshop before returning fuel pumps and injectors. We may be able to assist you in resolving the issue without requiring you to return the product to us.
- Warranty is limited to the component only and does not cover any ancillary charges such as removal & refitting, hire of vehicles, etc.
- Fuel Contamination Disputes: In the event of a dispute regarding fuel contamination or fuel quality causing injector or pump failure under warranty, Midvaal Diesel & Turbo (Namibia) cc reserves the right to draw a fuel sample from the vehicle’s fuel system. This sample will be sent to an independent, accredited laboratory or fuel specialist for analysis. The laboratory's findings on whether fuel contamination is present will be deemed final and binding on both parties. The cost of this test will be borne by the customer if contamination is found to be the cause of the failure.
- By fitting the fuel pump and/or injector(s) you agree to all the above terms & conditions of sale.
Repair Classifications
No Warranty
Injector Pump, Injectors and Unit Injectors calibrated and set only; no repairs done.
6 Month Workmanship Warranty
Work Performed Only: Minor Repairs and Calibrating. Warranty applies strictly to the specific labor done.
6 Months Full Warranty
60,000 KM or 600 Hours: (Whichever comes first). Full Repairs: Strip, Clean, Examine, Repair, Replace worn parts, Assemble and Calibrate.