Terms of service
TERMS OF SERVICE
Last updated: 3 October 2026
These Terms of Service govern your use of The Cape Brake Co. website, online store, workshop services, products and related services.
Throughout these Terms, "The Cape Brake Co.", "CBC", "we", "us" and "our" refer to The Cape Brake Co.
By using our website, purchasing products from us, requesting or authorising workshop services, approving a quotation or estimate, or otherwise engaging our services, you agree to these Terms to the extent applicable to your transaction.
Nothing in these Terms is intended to exclude, restrict or limit any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the South African Automotive Industry Code of Conduct or any other applicable South African law.
1. ABOUT THE CAPE BRAKE CO.
The Cape Brake Co. operates an automotive workshop together with a retail and online automotive parts, accessories and 4x4 business in Strand, Western Cape.
Our locations are:
Workshop
207B Main Road
Strand, 7140
Western Cape
South Africa
Parts, Reception & Retail
209A Main Road
Strand, 7140
Western Cape
South Africa
Telephone: 021 100 5740
WhatsApp: 067 194 7039
Email: thecapebrakeco@gmail.com
The Cape Brake Co. is a member of the Retail Motor Industry Organisation (RMI) and operates subject to applicable South African consumer legislation and automotive industry requirements.
2. APPLICATION OF THESE TERMS
These Terms apply, where relevant, to:
- Workshop bookings
- Vehicle inspections
- Diagnostic work
- Servicing and maintenance
- Mechanical repairs
- Brake repairs
- Clutch repairs
- Air-conditioning and cooling system work
- Steering and suspension repairs
- HBB and related braking system work
- Parts and accessories
- 4x4 products and upgrades
- Products purchased in-store
- Products purchased online
- Special-order products
- Warranty claims
- Quotations and estimates
- Website use
- Other products or services supplied by CBC
Additional terms may appear on a quotation, job card, invoice, product listing, warranty document or other transaction-specific document.
Where transaction-specific terms apply, they should be read together with these Terms.
3. WORKSHOP AUTHORISATION
The Cape Brake Co. will not knowingly perform chargeable repair or maintenance work without appropriate customer authorisation, except where otherwise permitted by law.
Authorisation may be provided in writing, electronically, through WhatsApp or email, through approval of a quotation or job card, or through another reasonably verifiable method.
By authorising work, the customer authorises CBC to perform the work described and agrees to pay the authorised charges.
Where additional work becomes necessary or advisable after work has commenced, CBC will seek further authorisation before carrying out additional chargeable work where such authorisation is required.
Customers are responsible for ensuring that the person providing authorisation has authority to do so on behalf of the vehicle owner or responsible party.
4. QUOTATIONS
A quotation is a price offered for specified and reasonably defined work based on the information available to CBC at the time the quotation is prepared.
A quotation applies only to the work, parts and services specifically described in it.
Where additional work is discovered that falls outside the scope of the accepted quotation, CBC will contact the customer for further authorisation before proceeding with that additional chargeable work.
Quotations may be subject to a stated validity period.
Where no validity period is stated, product pricing and availability may nevertheless need to be reconfirmed if the quotation is accepted significantly later, particularly where supplier pricing, exchange rates or stock availability has changed.
5. ESTIMATES
Certain automotive faults cannot reasonably be fully identified before diagnosis, testing, dismantling or inspection.
In these circumstances CBC may provide an estimate rather than a final quotation.
An estimate represents CBC's reasonable assessment of the likely cost based on the information available at that time. It is not necessarily a final fixed price where unknown or hidden conditions remain.
If further diagnosis or dismantling reveals additional work or parts that materially change the anticipated cost, CBC will communicate with the customer and obtain further authorisation where required before proceeding.
6. DIAGNOSTIC, INSPECTION & STRIP-AND-ASSESS WORK
Diagnosis is skilled workshop work and may be separately chargeable.
Where CBC advises the customer in advance that a diagnostic, inspection, dismantling, testing or strip-and-assess fee will apply and the customer authorises that work, the customer remains responsible for that agreed fee even if the customer subsequently chooses not to proceed with the recommended repair.
Diagnostic work may include, depending on the vehicle and fault:
- Electronic diagnostic scanning
- Electrical testing
- Mechanical testing
- Visual inspection
- Road testing
- Component testing
- Dismantling or disassembly
- Reassembly
- Technical research
- Fault tracing
- Other reasonable diagnostic procedures
Diagnosis does not automatically include the cost of repairing the fault identified.
7. ADDITIONAL & HIDDEN FAULTS
Motor vehicles are complex mechanical and electronic systems.
It is not always possible to identify every fault before work begins.
During diagnosis, servicing, dismantling or repairs, CBC may discover:
- Additional worn components
- Hidden damage
- Previous repairs
- Incorrect previous repairs
- Missing components
- Modified components
- Electrical faults
- Corrosion
- Seized or damaged fasteners
- Contamination
- Consequential damage
- Additional safety concerns
- Other conditions that were not reasonably apparent beforehand
Where additional work is required beyond the authorised scope, CBC will contact the customer for further authorisation where required.
CBC is not responsible merely because a pre-existing, hidden or unrelated fault becomes apparent while the vehicle is in our care.
8. ROUTINE SERVICES & INSPECTIONS
A routine vehicle service is not automatically a comprehensive diagnosis or inspection of every component on the vehicle.
Unless specifically agreed otherwise, a service is performed according to the agreed service scope and does not mean that CBC has inspected, diagnosed or guaranteed every system or component of the vehicle.
Where CBC observes an additional concern during servicing, we may bring it to the customer's attention and recommend further investigation or repair.
The identification of an additional fault does not mean that the repair of that fault formed part of the original service.
9. CUSTOMER-SUPPLIED PARTS
As a general rule, The Cape Brake Co. does not fit customer-supplied parts.
This is because the quality, suitability, origin and condition of components directly affect both the repair and the labour required to perform it.
CBC may, entirely at its discretion, agree to fit customer-supplied parts for established customers or in exceptional circumstances.
Acceptance on one occasion does not create an obligation for CBC to accept customer-supplied parts on another occasion.
Where CBC agrees to fit a customer-supplied part:
- The customer is responsible for supplying the correct part.
- CBC does not provide a warranty on the customer-supplied product itself.
- CBC cannot accept responsibility for defects, premature failure, poor performance or consequential issues caused by the quality, condition, specification or suitability of a customer-supplied part.
- Any warranty relating to the supplied part remains between the customer and the party from whom the customer purchased it.
- CBC's statutory obligations in respect of the workmanship it actually performs remain unaffected.
One-Chance Rule
Where CBC agrees to fit customer-supplied parts, the customer has one opportunity to supply the correct, suitable and serviceable parts required for the job.
If the customer-supplied parts are found to be:
- Incorrect
- Incompatible
- Defective
- Incomplete
- Damaged
- Of unsuitable quality
- Otherwise unsuitable for the repair
CBC will not repeatedly strip, reassemble or delay the vehicle while further customer-supplied alternatives are sourced.
CBC will instead offer to source and supply the appropriate parts through our own supplier network.
Where CBC subsequently supplies the parts, the applicable CBC, supplier, manufacturer and statutory warranty provisions will apply to those CBC-supplied components and the associated work as appropriate.
Additional labour caused by incorrect or unsuitable customer-supplied parts may be chargeable where authorised and permitted by law.
10. CBC-SUPPLIED PARTS
Where CBC supplies components as part of a workshop repair, we source products through our supplier network based on suitability, availability, quality and the customer's requirements.
Different products may carry different manufacturer, importer, distributor or supplier warranties.
CBC will facilitate legitimate warranty claims relating to products supplied by us where applicable.
Our separate Return & Refund Policy applies to retail and online product returns and should be read together with these Terms.
11. WORKMANSHIP & REPAIR WARRANTIES
CBC stands behind the workmanship it performs, subject to applicable South African law and the nature of the work undertaken.
Warranty assessment may require the vehicle or relevant component to be returned to CBC for inspection before liability or the appropriate remedy can be determined.
A complaint following a repair does not automatically establish that the original repair was defective.
CBC may need to determine whether the reported issue relates to:
- Our workmanship
- A supplied component
- A manufacturer defect
- Normal wear
- A different or unrelated component
- A pre-existing condition
- Misuse or abuse
- Subsequent modification
- Accident or external damage
- Failure to follow operating or maintenance requirements
- Another cause
Nothing in these Terms limits any statutory warranty or remedy applicable under the CPA.
12. MANUFACTURER, SUPPLIER & VENDOR WARRANTIES
The Cape Brake Co. is a retailer and reseller of products supplied by various manufacturers, importers, distributors, suppliers and vendors.
Some products carry additional manufacturer or supplier warranties.
Where applicable, CBC will assist customers in facilitating legitimate warranty claims.
A warranty assessment may require:
- Inspection
- Testing
- Photographs or video
- Proof of purchase
- Vehicle information
- VIN or chassis information
- Installation information
- Diagnostic information
- Return of the component
- Other information reasonably required to determine the cause of failure
An additional manufacturer, supplier or vendor warranty operates alongside applicable statutory consumer rights and does not replace those rights.
13. PRE-EXISTING & UNRELATED FAULTS
CBC accepts responsibility for the work that it undertakes in accordance with applicable law.
However, performing work on one part or system of a vehicle does not make CBC responsible for every other component or subsequent failure of that vehicle.
Subject to applicable law, CBC is not responsible for a failure merely because it occurs after CBC has worked on the vehicle where that failure:
- Existed before the vehicle arrived
- Relates to an unrelated component or system
- Results from ordinary wear and tear
- Results from a latent or previously undetectable condition
- Results from previous work performed by another party
- Results from modification, misuse, accident or neglect
- Was not caused by CBC's goods or services
Nothing in this clause excludes responsibility where loss or damage was caused by CBC's failure to meet an applicable legal obligation.
14. CUSTOMER-DECLINED REPAIRS
CBC may identify or recommend repairs that a customer chooses not to authorise.
Where a customer declines recommended work, CBC may record that decision on the job card, quotation, invoice or other communication.
The customer accepts responsibility for the decision to continue operating the vehicle with a known or suspected fault after being advised of the concern.
CBC may decline to represent a vehicle as roadworthy or safe where known safety-related repairs have been declined.
Where CBC reasonably considers a vehicle unsafe to drive, we may recommend that it be transported or towed rather than driven.
15. TEST DRIVES & VEHICLE MOVEMENT
By leaving a vehicle with CBC for diagnosis, inspection, servicing or repair, the customer authorises CBC personnel to move and, where reasonably necessary, road-test the vehicle for purposes including:
- Diagnosis
- Verification of reported symptoms
- Assessment of repairs
- Testing
- Quality control
- Confirming that work has been completed successfully
Road testing will be limited to what CBC reasonably considers necessary for the work being undertaken.
16. PERSONAL PROPERTY IN VEHICLES
Customers should remove money, valuables and unnecessary personal belongings from vehicles before leaving them with CBC.
CBC will take reasonable care of vehicles and property entrusted to it but cannot accept responsibility for items that were not disclosed to us or that are unrelated to the work being performed, except where responsibility arises under applicable law.
17. VEHICLE MODIFICATIONS & AFTERMARKET COMPONENTS
Customers should disclose relevant vehicle modifications, aftermarket equipment, tuning or non-standard components where these may affect diagnosis, compatibility or repair.
This may include:
- Engine or ECU tuning
- Aftermarket wiring
- Suspension modifications
- Non-standard wheels or tyres
- Aftermarket accessories
- Modified exhaust or intake systems
- Security or immobiliser systems
- Previous mechanical modifications
CBC is not responsible for inaccurate diagnosis, incompatibility or additional work caused by material modifications that were not disclosed and could not reasonably have been identified beforehand.
18. DEPOSITS FOR LARGE WORKSHOP JOBS
CBC may require a deposit before commencing substantial workshop work or ordering significant quantities of parts.
Unless otherwise agreed, CBC may require a 50% deposit for large workshop jobs.
The precise deposit requirement will be communicated before the applicable work or procurement proceeds.
Payment of a deposit constitutes confirmation that the customer wishes CBC to proceed with the agreed work or procurement, subject to the applicable quotation, estimate and these Terms.
Any cancellation, refund or allocation of a deposit will be determined having regard to work already performed, parts already ordered or supplied, supplier cancellation terms, applicable law and the circumstances of the transaction.
19. SPECIAL-ORDER PARTS
Parts that CBC does not ordinarily hold in stock and must order specifically for a customer or vehicle may require 100% payment of the part cost before the order is placed.
Special-order products may be subject to supplier availability, lead times and supplier cancellation conditions.
Where permitted by law, special-order or specifically sourced products may not qualify for an ordinary change-of-mind return.
This does not exclude statutory rights relating to defective, unsafe or incorrectly supplied goods.
20. COMPLETED VEHICLES & COLLECTION
CBC will make reasonable efforts to notify the customer when a vehicle is ready for collection.
Customers should arrange collection within a reasonable period after being notified.
Unless alternative payment arrangements have been agreed, all amounts due for authorised work must be settled before or upon collection of the vehicle.
21. STORAGE OF UNCOLLECTED VEHICLES
CBC does not presently impose storage charges as a standard charge but reserves the right to charge a reasonable storage fee for vehicles that remain uncollected for more than 5 calendar days after the customer has been notified that the vehicle is ready for collection.
This means five consecutive calendar days, including weekends and public holidays, rather than five business days.
Where CBC intends to impose a storage fee, the customer will be informed of the applicable charge before that charge begins accruing.
Storage charges will not be imposed retrospectively without appropriate notice.
This provision may also apply where a customer declines repairs but fails to collect the vehicle after being notified that it is available for collection.
Any further action concerning an abandoned or persistently uncollected vehicle will be taken only in accordance with applicable South African law.
22. PAYMENT FOR WORKSHOP SERVICES
Unless otherwise agreed, payment is due when the work is completed and before or upon collection of the vehicle.
Customers are responsible for paying:
- Authorised labour
- Authorised parts
- Approved diagnostic charges
- Approved outsourced services
- Other authorised charges
Where additional work has been authorised, the additional approved charges form part of the amount payable.
CBC reserves any lawful rights available to it in respect of unpaid authorised work.
23. OUTSOURCED & THIRD-PARTY SERVICES
Certain specialised services may be performed by trusted external service providers where appropriate.
Where a third-party service is required as part of an authorised job, CBC may arrange that service on the customer's behalf.
Where additional cost is involved, the cost will be included in the quotation, estimate or separately authorised as appropriate.
CBC remains responsible for its own obligations to the customer as required by applicable law.
24. PRODUCT INFORMATION & VEHICLE COMPATIBILITY
Automotive products can be highly vehicle-specific.
Compatibility may depend on:
- Make
- Model
- Model year
- Generation or model code
- Production date
- Engine
- Engine code
- Transmission
- Drivetrain
- Body style
- VIN or chassis number
- Vehicle specification or variant
- Existing modifications
Customers should confirm compatibility before opening packaging or attempting installation.
Where CBC provides a recommendation based on customer-supplied vehicle information, the recommendation depends on that information being complete and accurate.
Where CBC supplies an incorrect product despite receiving complete and accurate vehicle information, we will address the matter in accordance with our Return & Refund Policy and applicable law.
25. ONLINE STORE
Our online store is hosted by Shopify.
Products displayed online are subject to availability.
We make reasonable efforts to ensure that product descriptions, pricing, images and specifications are accurate.
However:
- Product appearance may vary slightly from images
- Manufacturers may update specifications or packaging
- Supplier stock availability can change
- Vehicle compatibility may require confirmation
- Errors may occasionally occur
Where a material error affects an order, we will contact the customer and resolve the matter in accordance with applicable law.
26. PRICING
Prices are displayed in South African Rand unless otherwise indicated.
CBC may change product prices at any time before an order is accepted.
Once a valid transaction has been concluded, the applicable transaction and consumer-protection rules will apply.
Obvious pricing, description or system errors will be handled in accordance with applicable law.
27. PRODUCT AVAILABILITY
Product availability may depend on supplier stock and may change without notice.
An online product listing does not necessarily guarantee immediate physical availability.
Where an ordered product becomes unavailable, CBC will contact the customer and offer an appropriate resolution, which may include:
- Waiting for stock
- An appropriate alternative, with customer agreement
- Cancellation and refund where applicable
28. ONLINE ORDERS
CBC reserves the right to verify an order before fulfilment.
An order may require confirmation of:
- Payment
- Stock availability
- Vehicle compatibility
- Delivery information
- Customer information
- Other information reasonably required to fulfil the transaction
We may contact customers before dispatch where fitment or compatibility requires clarification.
29. RETURNS, REFUNDS & ONLINE CANCELLATIONS
Our Return & Refund Policy forms part of these Terms and applies to eligible product returns, refunds and warranty claims.
Nothing in these Terms or our Return & Refund Policy excludes rights that a consumer may have under the CPA, ECTA or other applicable law.
30. DELIVERY
Delivery terms, courier arrangements, costs and related conditions are governed by our Shipping Policy and the delivery terms presented during the applicable transaction.
Delivery estimates are estimates unless expressly agreed otherwise.
CBC is not responsible for delays caused by circumstances outside its reasonable control, subject to any rights the customer may have under applicable law.
31. WEBSITE ACCOUNTS & SECURITY
Where customer accounts are available, customers are responsible for keeping login credentials confidential and for activity occurring through their accounts where reasonably attributable to them.
Customers should notify CBC promptly if they believe an account has been accessed without authorisation.
32. ACCEPTABLE WEBSITE USE
You may not use our website:
- For unlawful purposes
- To commit or facilitate fraud
- To introduce malicious code
- To interfere with website security or operation
- To attempt unauthorised access to systems or data
- To scrape, reproduce or exploit website content unlawfully
- To infringe the rights of CBC or another party
We reserve the right to restrict access where reasonably necessary to protect our systems, customers or business.
33. INTELLECTUAL PROPERTY
Unless otherwise stated, website content belonging to CBC, including our branding, written content, graphics, layouts, photographs and other original materials, is owned by or licensed to The Cape Brake Co.
Third-party brand names, trademarks, product photographs and other materials remain the property of their respective owners.
Nothing on our website grants permission to reproduce CBC-owned content for commercial use without appropriate permission.
34. PRIVACY & PERSONAL INFORMATION
Personal information is processed in accordance with our Privacy Policy & POPIA Notice.
By using our services, customers acknowledge that certain personal information may need to be processed to fulfil orders, provide workshop services, communicate with customers, facilitate warranty claims and perform other legitimate business functions.
35. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by South African law.
To the extent permitted by law, CBC will not be responsible for indirect or consequential loss arising from circumstances outside our reasonable control or from matters not caused by a breach of our obligations.
CBC is not automatically responsible for:
- Pre-existing vehicle faults
- Unrelated subsequent failures
- Normal wear and tear
- Customer misuse or neglect
- Incorrect information supplied by the customer
- Undisclosed vehicle modifications
- Defects in customer-supplied parts
- Damage caused by another service provider after the vehicle leaves CBC
- Circumstances beyond our reasonable control
Each matter will be assessed according to its facts and applicable law.
36. FORCE MAJEURE & CIRCUMSTANCES BEYOND OUR CONTROL
CBC will not be responsible for a delay or inability to perform an obligation where performance is prevented by circumstances beyond our reasonable control, subject to applicable law.
Such circumstances may include:
- Supplier disruption
- Transport or courier disruption
- Power or infrastructure failures
- Natural disasters
- Civil disturbance
- Government restrictions
- Labour disruption
- Severe weather
- Widespread technology or communication failures
- Other events that CBC could not reasonably prevent
Where such circumstances materially affect an order or repair, we will communicate with the customer where reasonably possible.
37. RMI MEMBERSHIP & INDUSTRY STANDARDS
The Cape Brake Co. is RMI registered and is committed to operating in accordance with applicable RMI requirements, consumer-protection principles and recognised automotive industry standards.
Our RMI membership does not replace or restrict any statutory rights available to customers.
38. COMPLAINTS & DISPUTE RESOLUTION
We want customers to raise concerns directly with us first so that we have an opportunity to investigate and resolve them.
Please contact:
The Cape Brake Co.
Email: thecapebrakeco@gmail.com
Telephone: 021 100 5740
WhatsApp: 067 194 7039
We will deal with complaints in accordance with applicable consumer legislation and automotive industry requirements.
Where an automotive consumer dispute cannot be resolved directly, the matter may, where applicable, be referred to the Motor Industry Ombudsman of South Africa (MIOSA) in accordance with the South African Automotive Industry Code of Conduct.
39. CONSUMER PROTECTION
Nothing contained in:
- These Terms
- A quotation
- An estimate
- A job card
- An invoice
- Our Return & Refund Policy
- Our Shipping Policy
- Our Privacy Policy
- Any other CBC policy
is intended to waive, exclude or restrict any consumer right that cannot lawfully be waived, excluded or restricted.
Where any provision conflicts with a mandatory provision of applicable South African consumer law, the applicable law will prevail to the extent of that conflict.
40. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Any dispute will be dealt with through the applicable South African legal and consumer dispute-resolution framework.
41. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as severable to the extent necessary.
The remaining provisions will continue to apply.
42. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to:
- Our business
- Products and services
- Workshop practices
- Website functionality
- Applicable law
- Industry requirements
The latest version will be published on our website with an updated revision date.
Changes will not retrospectively remove rights or obligations already arising from a completed transaction where doing so would be unlawful.
43. CONTACT INFORMATION
Questions regarding these Terms may be directed to:
The Cape Brake Co.
Workshop:
207B Main Road
Strand, 7140
Western Cape
South Africa
Parts, Reception & Retail:
209A Main Road
Strand, 7140
Western Cape
South Africa
Email: thecapebrakeco@gmail.com
Telephone: 021 100 5740
WhatsApp: 067 194 7039