Any use of the Site and the services available here-under shall be subject to the following terms and conditions.
In these Terms and Conditions except where the context otherwise requires, the following words and expressions have the following meanings:
“the Company”
means Used Engine Finder and it’s owner.
“the Customer”
means any person, company, partnership or other body
corporate using the Site to locate vehicle parts or engines;
“the Site”
means this website (under the domain name enginefinder.co.za
and any sub-domain); and
“Supplier”
means a supplier of vehicle parts and engines who is registered with the
Company and has subscribed to receive notifications of
relevant Customer enquiries.
Words importing gender shall be deemed to include any other gender, and words importing the singular shall be deemed to include the plural and vice versa; and
2
The Customer acknowledges and accepts that the Company does not supply vehicle parts or engines. Through the Site the Company acts as a vehicle parts & engine location service, putting Customers in touch via the internet and E-mail with Suppliers who may be able to supply them with the required car parts & engines.
3
The Company will in good faith collect and collate enquiries received from Customers through the Site or by E-mail and will forward on via E-mail such enquiries to Suppliers whom the Company considers may be able to supply the vehicle parts or engines required. Customers’ personal details will be encrypted wherever possible. The Customer consents to his name and contact details being forwarded to any potential Supplier and acknowledges that the Company shall have no responsibility in relation to the subsequent use of that information by Suppliers who receive this data. The customer consents to the company to send them an automated email for feedback of the company’s service.
4
Quotes will be sent directly from Suppliers in response to Customers’ enquiries. The Company does not review quotes supplied by Suppliers and cannot guarantee the accuracy or truth of any quotes made by Suppliers through the Site.
5
The Company will only forward the Customers’ enquiry details to those Suppliers who are registered with the Company and have subscribed to receive notifications of Customer enquiries.
6
The Company does not supply parts or engines and has no control over the quality, fitness for purpose or legality of any parts supplied to Customers using this service.
7
The Customer acknowledges and accepts that the Company shall have no liability whatsoever in connection with any contract made between the Customer and any Supplier as a result of or in connection with any introduction made through the Site, save that such liability shall only be excluded to the highest extent permissible under South African law.
8
Without prejudice to the generality of clause 9 above, for the avoidance of doubt the Company will not be held responsible for parts or engines which are ordered and paid for but fail to arrive, or for parts supplied which are faulty or not of satisfactory quality or do not meet the description given.
9
All engines supplied from any Supplier, that has a cam belt installed must have the cam belt replaced before installation, this is a routine replacement item on age and mileage. And as the time/date of the last replacement cannot be guaranteed, it must be replaced before fitting the engine. If the cam belt is not replaced and engine damage occurs due to it’s failure, the Company or its Suppliers accepts no responsibility for the costs incurred. After replacement the manufactures time and mileage intervals must be adhered to thereafter. It is the responsibility of the customer to ensure the agent fitting the supplied engine has carried this out.
These Terms and Conditions and the use of the Site are subject to South African law and any dispute arising in relation to the use of the Site will be subject to the exclusive jurisdiction of the South African courts.
Whilst the Company cannot guarantee the performance of any services offered by Suppliers through the Site, the Company is keen to ensure that all of the Suppliers using the Site continue to act in a reputable and honest manner and therefore would welcome any feedback from Customers who have been unhappy with the services provided by any Supplier using the Site.
These Terms govern your access to, usage of all content, Product and Services available at https://usedenginefinder.com website (the “Service”) operated by Used Engine Finder (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Used Engine Finder and its licensors.
Third Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Used Engine Finder account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Used Engine Finder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Used Engine Finder, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Disclaimer about Information Accuracy
Although every effort has been made to provide complete and accurate information, Used Engine Finder
makes no warranties, express or implied, or representations as to the accuracy of content on this
website. Used Engine Finder assumes no liability or responsibility for any error or omissions in the
information contained in the website or the operation of the website.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of South Africa.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in South Africa.
Changes
Used Engine Finder reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.