Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website operated by Beninca Technical Services (Pty) Ltd ("BTS", "we", "us", or "our"), located at btshyd.co.za (the "Website"), as well as the engineering, manufacturing, and modification services we provide ("Services"). By accessing or using the Website you agree to be bound by these Terms. If you do not agree, please do not use the Website.

2. About BTS

BTS is a commercial vehicle engineering and modification company registered in the Republic of South Africa with its principal place of business at 22A 11th Road, Kew, Johannesburg, Gauteng, 2090. We specialise in truck body manufacturing, hydraulic installations, chassis modifications, and commercial vehicle accessories.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding agreements under the laws of the Republic of South Africa to use our Services or submit enquiries through the Website.

4. Website Use

4.1 Permitted Use

You may use the Website solely for lawful purposes related to researching, enquiring about, or procuring BTS's Services. You agree not to:

• Use the Website in any way that violates any applicable national or international law or regulation.
• Transmit any advertising or promotional material without our prior written consent, including any "junk mail", "chain letters", "spam", or similar solicitation.
• Impersonate or attempt to impersonate BTS, a BTS employee, another user, or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm BTS or users of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website.

4.2 Availability

We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time.

5. Quotations & Orders

5.1 Quotations

All quotations provided by BTS are valid for 30 (thirty) calendar days from the date of issue unless otherwise specified in writing. Quotations are subject to the availability of materials and may be revised if specifications change.

5.2 Acceptance

A binding agreement is formed only when BTS issues a written order confirmation or tax invoice in response to your acceptance of a quotation. Submission of an enquiry form on the Website does not constitute a binding order.

5.3 Pricing

All prices are quoted in South African Rand (ZAR) and are exclusive of Value Added Tax (VAT) unless stated otherwise. BTS reserves the right to adjust pricing due to fluctuations in raw material costs, exchange rates, or changes in the scope of work, subject to reasonable notice.

6. Payment Terms

• A deposit of 50% of the quoted amount is required upon confirmation of order, unless alternative terms are agreed in writing.
• The balance is due upon completion and prior to delivery or collection of the modified vehicle/product.
• Payment may be made via EFT (electronic funds transfer) to BTS's designated bank account.
• Overdue amounts will attract interest at the prevailing prime lending rate plus 2% per annum, calculated daily and compounded monthly.
• BTS retains a lien over any vehicle, component, or product in its possession until payment in full has been received.

7. Delivery & Collection

Estimated delivery or completion dates are provided in good faith but are not guaranteed. BTS shall not be liable for any loss or damage arising from delays caused by circumstances beyond our reasonable control, including but not limited to supply chain disruptions, force majeure events, or third-party component shortages.

Risk in goods passes to the customer upon notification that the goods are ready for collection or upon delivery, whichever occurs first.

8. Warranties

8.1 Workmanship Warranty

BTS warrants all workmanship for a period of 12 (twelve) months from the date of delivery or installation, subject to normal use and proper maintenance. This warranty covers defects in fabrication, welding, and fitment attributable to BTS.

8.2 Exclusions

The warranty does not cover:

• Damage caused by accident, misuse, overloading, negligence, or failure to follow BTS's operating or maintenance instructions.
• Normal wear and tear, including but not limited to paintwork fading, rubber seals, and consumable parts.
• Third-party components or OEM parts not supplied by BTS (these carry the original manufacturer's warranty).
• Modifications or repairs performed by any party other than BTS without our prior written consent.

8.3 Warranty Claims

Warranty claims must be submitted in writing to sales@btshyd.co.za within the warranty period, accompanied by photographs and a description of the defect. BTS reserves the right to inspect the vehicle or component before approving any claim.

9. Limitation of Liability

To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008 ("CPA"):

• BTS's total aggregate liability arising out of or in connection with these Terms shall not exceed the total amount paid by you for the specific Service giving rise to the claim.
• BTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, goodwill, production, or data, whether arising in contract, delict (tort), strict liability, or otherwise.
• Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

10. Intellectual Property

All content on the Website — including text, graphics, logos, images, photographs, technical drawings, and software — is the property of BTS or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Website without our prior written permission.

11. Privacy & Data Protection

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act, 2013 ("POPIA"). By using the Website, you consent to the practices described in the Privacy Policy.

12. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by BTS (e.g. Google Maps, WhatsApp). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to read the terms and privacy policies of any third-party website you visit.

13. Indemnification

You agree to defend, indemnify, and hold harmless BTS, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Website, or your violation of these Terms.

14. Force Majeure

BTS shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, war, civil unrest, power outages, labour disputes, or failure of third-party suppliers.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Gauteng Division of the High Court of South Africa, Johannesburg.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on this page with a revised "Last updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Company: Beninca Technical Services (Pty) Ltd
• Address: 22A 11th Road, Kew, Johannesburg, Gauteng, 2090
• Phone: +27 11 440 1482
• Email: sales@btshyd.co.za
• WhatsApp: +27 63 834 7916