1. Definitions and Interpretation
1.1 “the Company”, “we”, “us”, “our” means Elephant 4x4 Accessories (Proprietary) Limited, registration number 2026/015675/07, a private company duly incorporated and existing under the laws of the Republic of South Africa.
1.2 “the Customer”, “you”, “your” means the purchaser of the Goods.
1.3 “the Goods” means the Elephant Body-Armour protective panels and any related accessories supplied by the Company.
1.4 “Misuse” includes (without limitation) using the Goods on unapproved surfaces (such as non-metallic surfaces), on sharp contours or mouldings not approved by the Company, on newly repainted surfaces, outside the specified ambient temperature range, or for any purpose other than the temporary protection of a vehicle’s paintwork in off-road or similar environments. It also includes failure to install, clean, maintain, or store the Goods in accordance with the Company’s written instructions (including the official Care & Instruction Guide).
1.5 “the CPA” means the Consumer Protection Act 68 of 2008, which gives consumers certain statutory rights to quality, safety, and product information in transactions for goods and services.
Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa, unless the context indicates otherwise.
2. Recitals
- The Company has developed and is the proprietor of the “Elephant Body-Armour” brand.
- The Goods, as defined herein, are sold to the Customer through the Company’s authorised dealership network.
- The Customer wishes to purchase the Goods from the Company on the terms and conditions set out below.
3. Limited Warranty
3.1 Warranty of Quality. Subject to the CPA and these terms, the Company warrants that, at the time of delivery, the Goods will conform to their description, be of good quality and in good working order, and be free from material defects. This warranty covers defects in material or workmanship that arise under normal use for a period of three (3) months from the date of original purchase (the “Warranty Period”). This warranty is provided in addition to your rights under the CPA.
3.2 Remedy for Defects. If a defect covered by this warranty arises during the Warranty Period and you notify us promptly, we will (at our option) repair or replace the defective Goods. If a repair fails (or is not possible) or another defect appears within three months after repair, we will replace the Goods or refund the purchase price to you, at your election. This remedy is provided at no additional cost to you.
3.3 Exclusions to Warranty. This warranty does not cover defects resulting from:
- (a) fair wear and tear;
- (b) wilful damage, accident or abuse;
- (c) modifications, repairs or alterations made to the Goods without our prior written consent;
- (d) use of the Goods in a manner inconsistent with their intended purpose or our instructions; or
- (e) misuse as defined in clause 1.4.
It also does not apply if you fail to install, maintain, clean or store the Goods according to our written instructions.
4. Warranty Exclusions and Product Use
4.1 Excluded Damages. To the extent permitted by law, the Company disclaims all liability for any indirect, incidental, special or consequential damages or losses of any kind (including loss of profit, loss of goodwill, or damage to other property, such as the vehicle and its paintwork) arising from the use of, or inability to use, the Goods. The Company’s liability for any claim under these Terms (or otherwise) shall be limited to the remedies provided above. These exclusions are subject to the CPA and do not affect any liability which cannot lawfully be excluded. For example, liability for the Company’s gross negligence or wilful misconduct cannot be excluded.
4.2 Product Functionality. The Goods are designed only as a temporary protective measure to help minimise scratches or damage to a vehicle’s paintwork in off-road or similar conditions. We do not guarantee that the Goods will prevent all damage under all circumstances; their effectiveness depends on proper installation, correct use and environmental conditions. You remain responsible for the condition and preparation of your vehicle surface before applying the Goods, and for installing and using the Goods exactly as recommended. The Goods must be suitable for their intended purpose (as required by the CPA) and must be maintained as per our guidance.
4.3 “As-Is” Sale. Except as expressly provided in these Terms and as required by the CPA, the Goods are supplied on an “as is” (voetstoots) basis with all faults. In particular, the Company does not make any additional warranties beyond those in clause 2; all implied warranties (including the CPA’s implied warranty of quality) are qualified by this clause. Notwithstanding the “as-is” nature of the sale, the CPA gives you statutory remedies for defects. For example, if any defects are discovered within six months of purchase, you may insist on repair, replacement or refund under the CPA. Nothing in these Terms prevents you from exercising such statutory rights.
5. Limitation of Liability and Indemnity
5.1 Limitation of Liability. In terms of South African common law and the CPA, the Company’s total aggregate liability for all claims arising from these Terms or the use of the Goods shall not exceed the amount paid by you for the Goods. This limitation applies to the fullest extent permitted by law. It does not limit liability that cannot be limited by law, including liability for the Company’s own gross negligence, wilful misconduct or breach of consumer protection laws.
5.2 Indemnity. You indemnify and hold the Company (and its officers, employees and agents) harmless against any claims, damages or losses arising out of your misuse of the Goods or any breach of these Terms by you. In particular, you bear responsibility for any damage or liability caused by your negligent or unlawful use of the Goods. This indemnity does not apply to any liability of the Company arising from its own negligence or breach of these Terms.
6. User Responsibility
6.1 You acknowledge that installing and using the Goods does not relieve you of your responsibilities as the driver or owner of the vehicle. You must always operate your vehicle in a safe, cautious and lawful manner, taking full account of road, traffic and environmental conditions, regardless of any protection the Goods may offer.
6.2 You retain full responsibility for the safety of yourself, your passengers, other road users, your vehicle and other property at all times. The Goods are a supplementary protective aid only; they do not replace prudent driving and vehicle maintenance.
7. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising hereunder shall be subject to the non-exclusive jurisdiction of the South African courts.
8. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed (or limited) to the minimum extent necessary so that the remaining provisions remain valid and enforceable.