Terms & Conditions

THE ENGINE MEN

Terms and Conditions of Sale, Warranty, Refunds and Exchanges

Company Registration No.: 2024/223034/07

Important Notice

NO GOODS WILL BE RELEASED UNTIL PAYMENT HAS BEEN RECEIVED AND REFLECTS AS CLEARED FUNDS IN THE COMPANY'S BANK ACCOUNT.

By making payment for any engine, gearbox, turbo, motor vehicle part, or related goods supplied by The Engine Men (“the Company”), the customer acknowledges that they have read, understood and accepted these Terms and Conditions, subject always to any rights afforded to the customer under applicable law.

These Terms and Conditions apply together with the terms appearing on the original invoice and any written quotation issued by the Company.

1. Definitions

For purposes of these Terms and Conditions:

“Company” means The Engine Men.

“Customer” means the person or entity purchasing goods or services from the Company.

“Goods” means engines, gearboxes, turbos, motor vehicle parts and any other products supplied by the Company.

“Invoice Date” means the date appearing on the Company's invoice issued for the relevant Goods.

“Warranty Period” means the applicable period specified in these Terms and Conditions, subject to all warranty conditions and exclusions being complied with.

2. Payment and Release of Goods

2.1 Full payment must be received by the Company before any Goods will be released, collected, dispatched or delivered.

2.2 Payment shall only be regarded as received once the funds have cleared and reflect in the Company's nominated bank account.

2.3 Proof of payment, payment confirmation or a bank transfer notification does not, on its own, constitute cleared payment.

2.4 The Company reserves the right to withhold release of the Goods until payment has been verified.

2.5 The Company shall not be responsible for delays resulting from payments that have not yet cleared, incorrect banking details, banking delays, reversed payments, or payment made into an incorrect account.

3. Condition and Mileage of Engines

3.1 Unless expressly stated otherwise in writing, engines supplied by the Company are represented as having mileage of less than 100,000 kilometres.

3.2 Mileage information is based on information available to the Company and/or information supplied with the relevant engine. Where applicable, the customer acknowledges that used engines may have had previous owners and/or applications.

3.3 The customer is responsible for ensuring that the engine purchased is suitable for the intended vehicle and application before installation.

3.4 The Company recommends that customers verify compatibility with a qualified mechanic before installation.

4. Engine and Gearbox Warranty

4.1 Subject to full compliance with these Terms and Conditions, engines and gearboxes supplied by the Company carry a 3-month, unlimited-kilometre warranty on internal components only, calculated from the date of purchase/invoice.

4.2 The warranty applies only to qualifying internal components and does not extend to excluded components, accessories, ancillary parts, labour, consequential losses or other items expressly excluded in these Terms and Conditions.

4.3 A warranty claim does not automatically constitute an admission of liability by the Company. All claimed faults are subject to inspection and assessment.

5. Engines Fitted by the Company

5.1 Where an engine is supplied and fitted by The Engine Men, the Company provides a 6-month / 20,000-kilometre guarantee, subject to the conditions contained in these Terms and Conditions.

5.2 The customer must have the vehicle/engine serviced by The Engine Men three (3) months after the invoice date in order to qualify for the remaining three (3) months of the applicable guarantee.

5.3 Failure to have the required service performed within the prescribed period may result in the remaining portion of the guarantee not applying, subject to applicable law.

5.4 The applicable kilometre limit is 20,000 kilometres, or the applicable warranty period, whichever occurs first.

6. Parts Warranty

6.1 Motor vehicle parts supplied by the Company carry a 7-day warranty period from the date of invoice, subject to these Terms and Conditions and applicable law.

6.2 Where a part is found to be incorrect or defective and the claim qualifies under the applicable warranty, the Company will, where reasonably possible, attempt to provide a suitable replacement.

6.3 Where the Company is unable to provide a suitable replacement, any applicable refund will be processed within 7–14 working days after the returned part has been received and inspected.

6.4 Parts must be returned within the applicable warranty period and must be accompanied by the relevant invoice/proof of purchase.

6.5 No refunds will be provided merely because a correctly supplied part is no longer required, wanted or suitable for the customer's changed circumstances, except where a refund is required by applicable law.

7. Turbo Warranty

7.1 All turbos supplied by the Company are subject to a 7-day warranty from the date of invoice, subject to the conditions, exclusions and inspection requirements contained in these Terms and Conditions.

7.2 The turbo must be correctly installed and maintained in accordance with the applicable manufacturer's requirements.

7.3 Damage caused by incorrect installation, lack of lubrication, contamination, foreign objects, excessive boost, modifications or other causes outside the Company's control will not qualify for warranty consideration, subject to applicable law.

8. Ancillary and Attached Components

8.1 Unless expressly stated otherwise in writing, the Company's warranty on an engine does not extend to ancillary, attached or accessory components supplied with the engine.

8.2 Such components may include, but are not limited to:

Manifolds;
Carburettors;
Distributors;
Alternators;
Starters;
Water pumps;
Injectors;
Thermostats;
Clutches;
Flywheels;
Timing belts;
Belt-driven components;
Sensors;
Seals and rubber seals; and
Other electrical or accessory components.

8.3 The fact that an ancillary component is supplied together with an engine does not, by itself, mean that the component is covered by the engine's internal-parts warranty.

8.4 Where a separate warranty is expressly provided for an ancillary component, that separate warranty shall apply.

9. Customer's Installation and Service Requirements

To qualify for warranty consideration, the customer must comply with the following requirements, subject to applicable law:

9.1 Engine Oil

All existing engine oil must be completely drained/flushed where appropriate and replaced with new oil of the correct specification recommended by the vehicle manufacturer.

9.2 Qualified Installation

All engines must be installed by a suitably qualified mechanic. Where applicable, installation by an RMI-registered workshop/mechanic is required.

9.3 Full Service

The engine must be appropriately serviced before or during installation. This should include, where applicable:

New engine oil;
New oil filter;
New fuel filter;
New spark plugs;
New cambelt/timing belt where applicable;
New water pump where applicable; and
Appropriate inspection and checking of engine timing.

9.4 For belt-driven engines, a new timing belt/cambelt must be fitted before installation, unless otherwise expressly agreed in writing by the Company.

9.5 The vehicle's cooling system must be inspected and maintained in proper operating condition before the vehicle is operated.

9.6 Failure to comply with the above requirements may invalidate or limit a warranty claim where the failure contributed to the alleged fault or damage.

10. Proof of Installation and Maintenance

10.1 The customer must retain and provide documentary evidence of all required installation, servicing and maintenance work.

10.2 Such evidence may include:

A valid tax invoice from the mechanic/workshop;
Detailed service invoices;
Parts invoices;
Photographs;
Service records; and
Any other reasonable evidence requested by the Company.

10.3 If a warranty claim is submitted, the Company may require proof that the applicable installation and servicing requirements were followed.

10.4 Failure to provide reasonable proof may affect the Company's ability to assess the claim and may result in the claim being declined where permitted by applicable law.

11. Reporting of Faults

11.1 Should the customer experience an alleged internal engine fault, the customer must notify the Company as soon as reasonably possible.

11.2 Examples of potentially relevant symptoms include:

Bearing knock;
Excessive or abnormal smoking;
Unusual engine noise;
Noise from the engine block or cylinder head;
Loss of compression; and
Other suspected internal mechanical failure.

11.3 The customer must provide the Company with suitable evidence of the alleged fault, which may include photographs, diagnostic reports and/or a video recording demonstrating the fault.

11.4 Where requested, videos should be sent to the Company's designated WhatsApp number.

11.5 The customer must not continue operating a vehicle where continued operation could reasonably cause further damage.

12. Return of an Engine for Warranty Inspection

12.1 Where an internal engine fault is alleged, the engine must be returned to the Company within the applicable warranty period, unless otherwise agreed in writing or otherwise required by applicable law.

12.2 An engine returned after expiry of the applicable warranty period may not qualify for warranty consideration, subject to any rights the customer may have under applicable law.

12.3 The Company reserves the right to inspect and assess the engine before determining whether the alleged fault falls within the applicable warranty.

12.4 The customer must not dismantle, modify, repair or otherwise interfere with the engine before inspection without the Company's prior written consent, where doing so would prejudice the Company's ability to determine the cause of the alleged fault.

13. Inspection and Warranty Assessment

13.1 The Company shall be entitled to a reasonable inspection period to assess a returned engine, gearbox, turbo or part.

13.2 The Company's standard inspection period for an engine warranty claim shall be up to seven (7) days from receipt of the Goods, where reasonably practicable.

13.3 The inspection is intended to determine:

Whether a fault exists;
The nature and cause of the fault;
Whether the fault relates to a warranted component;
Whether the Goods were correctly installed and maintained; and
Whether any warranty exclusion applies.

13.4 Where the inspection establishes that the claim qualifies for a remedy, the Company will provide the applicable remedy in accordance with these Terms and Conditions and applicable law.

13.5 The Company may require additional technical testing or assessment where reasonably necessary to establish the cause of the alleged fault.

14. Replacement of a Faulty Engine

14.1 Where a qualifying warranty claim is established, the Company may, where appropriate, offer a replacement engine.

14.2 Where a suitable replacement is offered, the customer must cooperate reasonably with the replacement process.

14.3 If the customer rejects a suitable replacement without a legally applicable reason, the Company may charge a reasonable handling/administrative fee where permitted by applicable law and where such fee was properly disclosed and agreed.

14.4 Any handling fee shall not limit or exclude rights that cannot lawfully be excluded.

15. Engine Sludge and Cleaning

15.1 Used engines may have stood unused for a period of time before being supplied.

15.2 As a result, deposits or sludge may be present within the engine.

15.3 The Company strongly recommends that, before installation and operation, the customer or qualified mechanic appropriately inspects and cleans, where necessary:

The sump;
Tappet/rocker covers;
Oil pick-up system; and
Other relevant lubrication components.

15.4 The engine's lubrication system should be checked to ensure that adequate oil circulation is achieved before the engine is placed into normal service.

16. Warranty Exclusions

Subject always to applicable law, the warranty shall not cover faults, damage or failure caused by or arising from circumstances including, but not limited to:

16.1 Accident, collision, vehicle upset or impact.

16.2 Misuse, abuse, negligence or improper operation.

16.3 Incorrect installation or installation by an unsuitable or unqualified person.

16.4 Incorrect repair, modification, alteration or dismantling.

16.5 Racing, motorsport or competitive use.

16.6 Unauthorised performance modifications, software modifications, ECU tuning or remapping.

16.7 Overheating caused by a defective, damaged or poorly maintained cooling system.

16.8 Lack of proper lubrication, incorrect oil, contaminated oil or insufficient oil.

16.9 Oil leaks, except where otherwise required by applicable law or expressly agreed in writing.

16.10 Blown head gaskets caused by overheating, incorrect installation, incorrect operation or other excluded causes.

16.11 Bent valves, engine lock-up or backfire caused by a broken timing belt/cambelt or incorrectly set engine timing.

16.12 Internal damage caused by foreign objects entering the combustion chamber.

16.13 Damage resulting from continued operation after an abnormal noise, warning light, overheating condition or other indication of a potentially serious mechanical fault.

16.14 Electrical components, unless expressly covered by a separate written warranty.

16.15 Rubber seals and similar sealing components, including valve stem seals, rear main seals, front main seals and camshaft seals, particularly in relation to oil leaks.

16.16 Normal wear and tear.

16.17 Damage caused by components attached to or used with the engine that were not supplied or warranted by the Company.

17. No Warranty on Consequential Damage

17.1 Subject to rights that cannot lawfully be excluded, the Company shall not be responsible for consequential, indirect or special losses arising from a warranty claim.

17.2 This may include, where legally permissible:

Vehicle downtime;
Loss of income;
Loss of use of the vehicle;
Vehicle hire;
Towing costs;
Courier costs;
Travel costs;
Labour costs incurred by third parties;
Storage costs;
Loss of business; and
Other consequential expenses.

17.3 Nothing in this clause is intended to exclude or restrict any liability or consumer right that cannot lawfully be excluded or restricted under applicable law.

18. Refunds

18.1 No cash refunds will be provided, except where a cash refund is required by applicable law.

18.2 Where a refund is approved, it will generally be processed within 7–14 working days after the relevant Goods have been returned to the Company and inspected.

18.3 Refunds will ordinarily be made using the payment method or bank account nominated and verified by the Company, subject to applicable law and the Company's reasonable fraud-prevention procedures.

18.4 The Company may not process a refund until the relevant Goods have been returned and inspected where inspection is reasonably required to determine the validity of the claim.

19. Correctly Supplied Goods

19.1 Where Goods have been correctly supplied in accordance with the customer's order and the customer subsequently changes their mind, orders incorrectly, no longer requires the Goods, or provides incorrect specifications, any return, exchange or handling arrangement shall be subject to the Company's applicable return policy and applicable law.

19.2 Where permitted by law and agreed to by the Company, a return of correctly supplied Goods may be subject to a 15% handling fee.

19.3 This clause does not apply where the customer has a statutory right to return, replace or obtain a refund in terms of applicable law.

20. Faulty Engine Exchange Period

20.1 Subject to the applicable warranty and statutory rights, a customer must notify the Company of an alleged faulty engine as soon as reasonably possible.

20.2 The Company will assess the alleged fault and, where the claim qualifies, provide the applicable remedy.

20.3 The Company's standard policy provides for a seven (7) day period for exchange of a qualifying faulty engine, subject to inspection and assessment.

20.4 Nothing in this clause is intended to reduce any longer warranty or statutory period that may apply under applicable law.

21. Part Exchanges

21.1 Customers must return parts submitted for warranty or exchange within the applicable 7-day period, unless otherwise agreed in writing or otherwise required by law.

21.2 No refund will be provided for a part where an exchange or replacement is required or offered, except where a refund is required by applicable law or the Company is unable to provide the appropriate remedy.

21.3 Returned parts must be in a condition that permits reasonable inspection and must not have been intentionally damaged, altered or improperly modified.

22. Customer's Responsibility

22.1 The customer is responsible for providing accurate vehicle information, including, where applicable:

Make;
Model;
Year;
Engine code;
VIN/chassis number;
Transmission type;
Part number; and
Any other information reasonably required to identify the correct Goods.

22.2 The Company shall not be responsible for an incorrect supply where the incorrect supply resulted from inaccurate, incomplete or misleading information provided by the customer, subject to applicable law.

22.3 Customers should verify compatibility with a suitably qualified mechanic before installation.

23. Storage and Collection

23.1 Goods must be collected or arranged for delivery within a reasonable period after the Company has notified the customer that they are ready.

23.2 Where Goods remain at the Company's premises for an extended period, the Company may charge reasonable storage or handling costs where such costs have been disclosed and are legally permissible.

24. Title and Risk

24.1 Ownership in the Goods shall pass to the customer only once the Company has received full cleared payment, unless otherwise agreed in writing.

24.2 Risk in the Goods shall pass in accordance with the agreed method of delivery, collection or transfer and applicable law.

24.3 Nothing in this clause affects any statutory rights or protections applicable to the customer.

25. Alterations and Unauthorised Repairs

25.1 The customer must not dismantle, modify, repair or alter Goods subject to a warranty claim without first contacting the Company where such action could affect the Company's ability to inspect and determine the cause of the alleged fault.

25.2 Where emergency repairs are reasonably necessary to prevent further damage, the customer should notify the Company as soon as reasonably possible and retain all replaced components, invoices, photographs and other relevant evidence.

26. Warranty Claim Procedure

A customer wishing to submit a warranty claim should:

Contact the Company as soon as the fault is discovered.
Provide the original invoice/proof of purchase.
Provide the vehicle and engine details requested by the Company.
Provide photographs, videos and/or diagnostic information where requested.
Provide proof of installation by a qualified mechanic.
Provide proof of the required servicing and maintenance.
Stop operating the vehicle where continued operation may cause further damage.
Return the relevant Goods for inspection when requested.
Allow the Company reasonable time to inspect and assess the claim.

27. No Waiver of Statutory Rights

27.1 Nothing contained in these Terms and Conditions is intended to exclude, waive or limit any right, remedy, warranty, guarantee, protection or liability that cannot lawfully be excluded or limited.

27.2 Where any provision of these Terms and Conditions conflicts with a mandatory provision of applicable law, the mandatory legal provision shall prevail to the extent of the conflict.

27.3 All other provisions shall remain in full force and effect.

28. Amendments

28.1 The Company reserves the right to amend these Terms and Conditions from time to time.

28.2 The Terms and Conditions applicable to a purchase shall ordinarily be those provided to or accepted by the customer at the time of the relevant transaction, subject to applicable law.

29. Governing Law and Dispute Resolution

29.1 These Terms and Conditions shall be interpreted in accordance with the laws applicable in the Republic of South Africa.

29.2 Any dispute arising from or relating to a transaction shall, where appropriate, first be referred to the Company for an opportunity to resolve the matter amicably.

29.3 Nothing in this clause prevents a customer from exercising any statutory right to approach a competent court, tribunal, ombud, regulator or other dispute-resolution body.

30. Customer Acknowledgement

By making payment for the Goods, the customer confirms that they have had an opportunity to read and understand these Terms and Conditions and accepts that the purchase is subject to them, subject to all rights and protections provided to the customer by applicable law.

The customer further acknowledges the importance of proper installation, servicing, lubrication, cooling-system maintenance and correct operation of any engine or mechanical component purchased from the Company.