BOSCH WARRANTY TERMS & CONDITIONS, LIMITATION OF LIABILITY AND INDEMNITY IN RESPECT OF CERTAIN AUTOMOTIVE SPARE PARTS SOLD IN SOUTH AFRICA
Updated May 2023
1. The terms and conditions in this document apply to the sale by Robert Bosch (Pty) Ltd (Bosch) of certain new automotive spare parts (including automotive spare parts from the following brands: [Belts, Braking systems, Diesel systems, Filtration, Gasoline systems, Rotating Machines, Sensors, Spark Plugs and Wiper systems] (AA Product/s) to:
1.1. Bosch distributors appointed as such by Bosch in terms of a written distribution agreement (Bosch Distributor/s); and
1.2. Bosch Car Service workshops and Bosch Diesel Service workshops appointed by Bosch in terms of a written franchise agreement (Bosch Workshop/s).
2. This document forms part of the relevant distribution or franchise agreement between Bosch and a Bosch Distributor or Bosch Workshop and must be read with that agreement. If there is a conflict between this document and the relevant agreement, the provisions of this document will prevail.
3. Wherever this document refers to Bosch’s discretion, it shall mean the sole and exclusive discretion of Bosch.
The Bosch Warranty
4. Subject to the terms and conditions of this document, Bosch warrants in favour of its Bosch Distributors and Bosch Workshops that should any AA Product require repair or replacement as a result of an unforeseeable product failure attributable to faulty material and/or workmanship during the manufacturing process, such AA Product will be repaired or replaced, at Bosch’s discretion, free of charge to the relevant Bosch Distributor or Bosch Workshop (Bosch Warranty).
Limitations and Exclusions
5. The Bosch Warranty is given only in respect of AA Products sold within South Africa to Bosch Distributors and Bosch Workshops. For clarity, the Bosch Warranty is not given in respect of:
5.1. any products, other than AA Products, which are manufactured or sold by Bosch;
5.2. any used products (including used AA Products);
5.3. any products (including AA Products) sold outside South Africa; or
5.4. AA Products sold to any person other than a Bosch customers.
6. The Bosch Warranty is not given in respect of AA Products sold to Bosch Distributors and Bosch Workshops in terms of a distribution or franchise agreement which specifically excludes warranties.
7. In addition to any other exclusions recorded elsewhere in this document, the Bosch Warranty excludes the following:
7.1. normal wear and tear arising out of the use of the AA Products for the purpose for which they were intended and, without limiting the generality of the aforegoing, all AA Products which are, in the discretion of Bosch, considered wear parts that require regular replacement, including without limitation brake pads, certain brake disks, carbon sets, cables, and other consumables;
7.2. damage or defect which, in the discretion of Bosch, results from the improper handling, storage, assembly, installation or use;
7.3. damage or defect which, in the discretion of Bosch, results from non-compliance with the relevant installation or handling regulations;
7.4. damage or defect which, in the discretion of Bosch, results from excessive strain or use;
7.5. damage or defect resulting from a cause which is, in the discretion of Bosch, external to the part including without limitation shock, fall, misuse, manipulation error, humidity, excessive heat, or any impregnation with a liquid;
7.6. damage or defect which, in the discretion of Bosch, results from non-compliance with the instructions for maintenance and use relating to the relevant AA Product;
7.7. damage or defect which does not, in the discretion of Bosch, affect the proper functioning of the relevant AA Product including without limitation aesthetic damage such as scratches;
7.8. damage or defect which, in the discretion of Bosch, arises in connection with the liability of a third party or results from any intentional or fraudulent misconduct;
7.9. costs and damages which, in the discretion of Bosch, are caused by the poor quality of the power supply to the relevant AA Product including without limitation faulty electrical voltage or voltage error;
7.10. damage or defect which, in the discretion of Bosch, results from the use of unsuitable accessories with the relevant AA Product;
7.11. damage or defect which, in the discretion of Bosch, is caused by a force majeure event and in this regard a “force majeure event” shall mean any exceptional event or circumstance which is beyond the reasonable control of Bosch;
7.12. any damage or defect to AA Products which have been modified by third parties;
7.13. damage or defect which, in the discretion of Bosch, arises during any installation, service or repair carried out on it, or the vehicle in which it is used, by persons other than those authorized by Bosch (which persons shall include installers approved by the Retail Motor Industry Organisation in South Africa or such other persons specified on the packaging of the AA Product in question);
7.14. any damage or defect to AA Products which have been specially manufactured to the design and specification of a Bosch Distributor or Bosch Workshop; and
7.15. any damage or defect to AA Products which have not been processed or installed into another product as prescribed by Bosch including an AA Product affixed to another part before installation.
8. The Warranties are given for a period of 12 months commencing on the date of invoice in respect of the sale of the AA Product in question to the relevant End User or Bosch Workshop(Warranty Period).
9. The Warranty Period will not be interrupted or extended under any circumstances including:
9.1. if the vehicle in which the relevant AA Product is used out of service (whether temporarily or permanently); or
9.2. for such period that the relevant AA Product, of the vehicle in which the relevant AA Product is used, is undergoing repairs or awaiting replacement delivery or follow up service.
10. The Warranty Period in respect of an AA Product which is repaired or replaced by Bosch shall not start anew after the AA Product in question has been repaired or replaced. The Warranty Period in respect of an AA Product which is repaired or replaced shall continue only for the duration of the original Warranty Period.
11. Claims under the Bosch Warranty (Warranty Claim) can only be made by a Bosch Distributor or a Bosch Workshop. A person who purchased AA Products from a Bosch Distributor or a Bosch Workshop may only make a Warranty Claim through the relevant Bosch Distributor or Bosch Workshop and may not make a Warranty Claim directly to Bosch unless Bosch agrees otherwise in writing.
12. In addition to the other provisions in this document, a Warranty Claim is only valid if:
12.1. it is accompanied by:
12.1.1. the relevant AA Product;
12.1.2. proof of purchase (such as a copy of the invoice, receipt or delivery note);
12.1.3. confirmation of the date on which the relevant AA Product was purchased;
12.1.4. confirmation of the name of the Bosch Distributor or Bosch Workshop which purchased the relevant AA Product;
12.1.5. a description of the defect;
12.1.6. the box/es, with the original adhesive labels, of the relevant AA Product/s; and
12.1.7. labels showing the contents and the control slips enclosed with the shipment relating to the sale of the AA Product in question by the relevant Bosch Distributor or Bosch Workshop to its end-customer;
12.2. in the case of AA Products with defects which are, in the discretion of Bosch, recognizable defects, it is made in writing within 15 days after receipt thereof by the relevant Bosch Distributor or Bosch Workshop;
12.3. in the case of AA Products with defects which are, in the discretion of Bosch, not recognizable defects, it is made in writing immediately upon discovery of the defect;
12.4. in all other cases not provided for in clauses 11.2 and 11.3, it is made upon delivery of the relevant AA Product.
13. The date of receipt by Bosch of a Warranty Claim will determine whether or not the Warranty Claim was made within the timeframes contemplated in clauses 11.2 to 11.4 above. Except as otherwise provided for by law, Bosch may, in its discretion, reject any Warranty Claims made out of time.
14. Bosch may, at its discretion, either replace or repair the AA Product in respect of which a Warranty Claim is approved. The Warranty Period in respect of an AA Product which is repaired or replaced shall be in accordance with clause 9.
15. Bosch may recover from the relevant Bosch Distributor or Bosch Workshop all costs or expenses incurred by Bosch in respect of a Warranty Claim which is rejected regardless of the reason for the rejection.
Limitation of Liability
16. Notwithstanding any provisions in this document to the contrary, the relevant Bosch Distributor or Bosch Workshop shall only be liable for loss or damage which arises as a direct result of the negligence or wilful misconduct or fraud or corruption of that Bosch Distributor or Bosch Workshop or any person for whom that Bosch Distributor or Bosch Workshop is vicariously liable at law. In the event of the aforementioned causes arising, both direct and indirect losses or damages shall be recovered.