1. INTERPRETATION & DEFINITIONS
1.1. For the purposes of this Agreement, unless inconsistent with the context:
1.2. words importing the singular include the plural and vice versa;
1.3. words signifying one gender include the other genders;
1.4. the headings are for convenience only and do not govern the interpretation of this Agreement.
1.5. the following words have the meanings assigned alongside them:
1.6. “Ad hoc Fees” means Fees due by the Customer to MC arising from repairs performed at the Customer’s request that fall outside of the ambit of MC Service obligations and any other Fees or charges due in terms of this Agreement.
1.7. “Agreement” means this agreement between MC and the Customer for the Service being rendered by MC together with any application of the Customer, the Schedule, and any annexures (if any).
1.8. “Annual Maximum Limit” means the number of repairs per Appliance per annum that MC is required to effect, which limit is currently set at 1 (one) repair per annum per item covered, unless MC expressly records a different limit in the Schedule or Service Product description.
1.9. “Appliance Maximum Repair Spares Value Limit” means the Repair Spares Value per Appliance set by MC from time to time that represents the maximum amount that MC will be obliged to expend on an Appliance per call-out / claim event, as determined in MC’s discretion and communicated in the Schedule and/or at the time of booking.
1.10. “Appliance/s” means a consumer electronic appliance nominated by a Customer for Service Cover in terms of this Agreement, as recorded in the Schedule.
1.11. “Audio-visual Appliances” means appliances generally used by consumers for audio-visual entertainment, such as televisions, home theatres and smart televisions, but excludes general-purpose computing devices such as desktop computers and laptops.
1.12. “Beyond Economical Repair” means an Appliance that MC believes will cost more to repair than the market value of the Appliance, or where parts are unavailable or obsolete, or where repair is otherwise not reasonably feasible in MC’s operational assessment.
1.13. “Credit Check” means the process undertaken by MC to assess the Customer’s creditworthiness for the purpose of the Maintenance Plan.
1.14. “Customer” means the person whose Appliance MC has agreed to maintain on the terms and conditions set out in this Agreement.
1.15. “Excess Fee” means the fixed excess amount payable by the Customer in respect of each claim lodged per Appliance, as determined and applied in accordance with clause 4.5, payment of which is a condition precedent to the provision of any Service by MC.
1.16. “Fee/s” or “Service Fee/s” means the fee payable by the Customer to MC in consideration for MC providing Services to the Customer, as recorded in the Schedule and/or Service Product selected.
1.17. “ICT Appliances” means appliances generally used by consumers in the processing of data or communication, such as laptops, personal computers, excluding tablet devices and smart phones.
1.18. “In-home Service” means the dispatch of a technician to the Customer’s home to repair or evaluate the repair of an Appliance and/or the removal of the Appliance for repair, where applicable.
1.19. “Kitchen Appliances” means appliances generally found in consumers’ kitchens such as refrigerators, stoves, washing machines, tumble dryers and microwave ovens.
1.20. “Maintenance Plan” means the service agreement entered into between MC and the Customer for the maintenance of nominated Appliances, subject to these terms and conditions.
1.21. “Mastercare” or “MC” means the private company trading as Mastercare with principal place of business at 270 Witch Hazel Street, Eco Boulevard Convenience (and/or such address as MC may notify from time to time).
1.22. “Repair Value” means the commercial value of a repair and shall be calculated with reference to MC standard labour rates from time to time (currently R650 (six hundred and fifty Rand)) per hour, excluding VAT, and the list price of any parts and consumables required for a repair.
1.23. “Schedule” means a print-out from MC computer systems from time to time upon which the details of the Customer, the Appliance/s and the fees payable by the Customer are recorded, which Schedule forms part of this Agreement.
1.24. “Service” means the performance of the necessary repairs to restore the Appliance/s to working order during the currency of this Agreement and “Maintain” shall have a similar meaning.
1.25. “Service Agent” means a sub-contractor to MC that MC has contracted to collect, deliver or repair an Appliance.
1.26. “Service Area” means the area within a fifty (50) kilometre radius of each of MC’s service agents from time to time, as reasonably determined by MC and confirmed to the Customer at the time a Service request is logged.
1.27. “Service Product/s” means a matrix of maintenance services and bundles that MC may offer from time to time permitting the Customer to nominate one or more Appliances for cover, subject to these Terms & Conditions and any product-specific terms recorded in the Schedule.
1.28. “Technical Failure” means a failure of a mechanical part of the Appliance due to latent defect or as a result of normal wear and tear, and expressly excludes the exclusions listed in clauses 5 and 6.
1.29. “Waiting Period” means a period of three (3) months from the inception of this Agreement or the addition of any new Appliance, during which MC shall not be obliged to render Services other than telephonic support, unless MC records otherwise in writing.
1.30. “Year” means twelve calendar months from the beginning of the month in which the Service Agreement is signed, and then each subsequent period of twelve calendar months.
2. SERVICE PRODUCTS
2.1 Initial Credit Check Consent
2.1.1 Before proceeding with the sale of a Service Product, MC may request the Customer’s consent to perform a Credit Check for internal risk assessment purposes, which may entitle the Customer to additional benefits determined by MC from time to time, but does not affect the applicability of the Excess Fee as governed by clause 4.5.
2.1.2 If the Customer consents to the Credit Check, MC will request the Customer’s Full Name, South African ID Number, Residential Address, and Employment Details. This information will be used solely for risk verification purposes, subject to clause 9.
2.1.3 If the Customer does not consent to the Credit Check, the Customer may nevertheless proceed with the Service Product on the same Service terms, and the Excess Fee applicable to each claim shall be governed solely by clause 4.5.
2.2 Additional Options
2.2.1 MC may, from time to time, add additional ancillary services to its Service Product offering and these terms and conditions will apply, mutatis mutandis.
2.3 Information Required
2.3.1 When nominating an Appliance, the Customer will be required to provide, inter alia, the make, model, and age of the Appliance/s. The Service Product duration will be either 12 or 24 months, as agreed upon during sign-up and recorded in the Schedule.
2.3.2 In the event that the information provided by the Customer is incomplete or incorrect in any way, whether material or not, MC shall, at its sole discretion, not be required to provide Services and shall be entitled to cancel the Agreement upon notice to the Customer, and to recover any losses incurred as a result of such incorrect or incomplete information, to the extent permitted by law.
3. SERVICE
3.1 MC hereby agrees to maintain the Appliance/s for the duration of this Agreement, subject to these terms and conditions and in particular the exclusions and exceptions set out herein.
3.2 To this end, MC will provide, at no additional cost to the Customer, labour and parts which MC, in its sole discretion, considers necessary to restore the appliance to working order following a Technical Failure to the maximum of the:
3.2.1 Appliance Maximum Repair Spares Value Limit; and
3.2.2 Annual Maximum Limit.
3.3 MC’s obligation to Maintain the Appliance will be suspended for any period during which the Customer has not paid the requisite monthly or annual maintenance Fee/s. MC cannot provide any Services for accounts that are in arrears.
3.4 The Customer agrees to a three-month Waiting Period before MC is required to provide Services on an Appliance.
3.5 MC will, however, provide telephonic support and assistance through MC Support, including guidance on identifying parts that may be faulty, which guidance is provided for general informational purposes only and without the assumption of responsibility or liability, subject to availability of staff and the quality of information provided by the Customer.
3.6 Appliance Location and Relocation
3.6.1 The Service provided by MC is exclusively for the Appliance/s located at the nominated physical address recorded at the inception of this Agreement, as reflected in the Schedule and/or MC’s customer records.
3.6.2 The Customer shall not move the Appliance/s to a different physical address without prior written notification to, and consent from, MC. MC reserves the right to decline Service, convert the Service to “Carry-in” Service, and/or adjust Service Fees and/or apply additional call-out or logistics charges if the new location falls outside MC’s designated Service Area (as defined in clause 1.26).
3.6.3 Failure to notify MC of a change in location, or moving the Appliance outside the Service Area without written consent, may result in the suspension or termination of Service for that Appliance or the Agreement as a whole, at MC’s discretion, subject to any notice requirements imposed by law.
3.6.4 The Customer records and agrees that MC’s pricing and operational model is premised on the Appliance remaining at the nominated address within the Service Area, and that any relocation creates additional cost and operational risk for MC.
4. FEES & PAYMENT, ADMINISTRATION & AD-HOC FEES
4.1 Fees are payable as per the Schedule and/or the Service Product selected and recorded at sign-up.
4.1.1 Payment & DebiCheck Authorisation
4.1.1.1 MasterCare utilises the DebiCheck debit order process, which is a legally binding agreement between the Customer and their bank. By proceeding with the Service Product, the Customer acknowledges and agrees to the following:
a. The Customer grants MasterCare permission to issue and deliver DebiCheck payment instructions to their bank for the collection of the monthly premium.
b. DebiCheck is a secure, verified debit order system that requires the Customer to confirm and approve their debit mandate when first set up.
c. This debit order may not be disputed or reversed, except in circumstances permitted by applicable law or banking regulations, including proven fraud.
d. The reference on the Customer’s bank statement will be “MASTERCARE & Your Policy Number” for easy identification.
e. The Customer’s Service Cover will only commence once the first payment has been successfully processed.
4.1.1.2 The DebiCheck approval process varies by bank (e.g., SMS/USSD for Standard Bank & Nedbank; banking app for FNB, Capitec, and Absa). The Customer must approve the debit order promptly using the process applicable to their bank. Failure to approve the DebiCheck mandate within the required timeframe will result in the first payment not being processed and the policy not commencing, necessitating a redo of the DebiCheck process.
4.1.2 Payment Structure, Annual Increase & Penalties
4.1.2.1 The first premium, which includes a R15 service fee, will be a PayFast payment, and is payable immediately via a link sent to the Customer’s phone number.
4.1.2.2 Subsequent premiums will be deducted monthly via debit order on the Customer’s confirmed payday (e.g., 1st, 7th, 15th, 25th, 30th, or 31st).
4.1.2.3 Payments scheduled for weekends or public holidays will be collected on the prior or next working day. December payments may be collected earlier, with communication provided 15 days prior to the debit date.
4.1.2.4 If a scheduled monthly premium collection fails, MC may attempt to collect such payment up to three (3) times for that payment cycle using a bank tracking facility, and each failed collection attempt shall incur a penalty fee of R100.00, which the Customer agrees represents a reasonable administrative charge associated with failed debit order processing.
4.1.2.5 The Customer’s account must remain up to date. Otherwise, MC may debit the full outstanding amount to settle the balance, subject to the Customer’s mandate and applicable law.
4.1.2.6 The monthly premium will be subject to an annual increase every February. The new premium amount will be communicated to the Customer prior to implementation, and by continuing with the Service Product, the Customer agrees to the adjusted fee.
4.2 If the Customer changes banks, MC cedes this agreement or banking regulations change, the Customer agrees to sign a new debit order mandate.
4.3 Payment will only have been made if the debit order is not returned, or in the event of an EFT, the EFT has been honoured.
4.4 The computer accounts and/or a certificate signed by the financial manager, subscriber manager, or any director of MC (whose appointment need not be proved) shall, in the absence of manifest error, constitute prima facie proof of all monies due and payable by the Customer to MC.
4.5 Repair Excess Fee Policy
4.5.1 Applicability: An excess fee of R250.00 (Two Hundred and Fifty Rand) shall apply to each and every claim lodged per Appliance. This excess fee is applicable to all repairs requested after the completion of the initial repair performed at the inception of the Agreement (if applicable).
4.5.2 Condition of Service: Payment of the excess fee is a strict condition precedent to the provision of Service. MC shall not be obliged to schedule a repair, confirm an appointment, allocate a Service Agent, or dispatch a technician until the excess fee has been paid in full and reflects as received in MC’s payment platform.
4.5.3 Non-Payment: Should the Customer fail to pay the excess fee, the repair request will be placed on hold immediately. The request will remain suspended until such time as payment is received. The Customer acknowledges that such suspension does not constitute a cancellation by MC and does not release the Customer from payment obligations under this Agreement.
4.5.4 Payment Method: Payment of the excess fee is facilitated exclusively via PayFast. A secure payment link will be provided by MC to the Customer at the time of booking the repair. The Customer is responsible for ensuring that the payment is made using the correct link and reference details.
4.5.5 Variation: MC reserves the right to amend this Excess Fee Policy, including the amount payable, from time to time, subject to providing the Customer with prior notification where required by law.
5. GENERAL EXTENSIONS AND EXCLUSIONS
5.1 The extensions and exclusions set out in this clause apply to all Appliances, regardless of the product category into which they fall.
5.2 MC’s Service obligation includes:
5.2.1 Telephonic support and fault diagnosis.
5.2.2 In-Home Service unless specified otherwise in the relevant product category or where the Customer’s home is outside of the Service Area.
5.2.3 Physical repairs to the Appliance to correct a Technical Failure of the Appliance.
5.2.4 Re-connection of any Appliance disconnected or removed for repair.
5.2.5 A maximum of one (1) repair per Appliance per annum, calculated from the inception of this Agreement.
5.2.6 A maximum repair value per event, being subject to the Appliance Maximum Repair Spares Value Limit referred to in clause 3.2.
5.2.7 All repairs and parts are subject to availability and may result in delays in service delivery. Spare parts are sourced from MC’s suppliers; MC does not manufacture spare parts for any Appliance.
5.3 Technical Failure excludes, inter alia, the following:
5.3.1 Any use of the Appliance for a purpose or duration for which it is not commonly intended to be used, including commercial appliances.
5.3.2 Any use of the Appliance for commercial or business purposes.
5.3.3 Any accident to, neglect, abuse or misuse of the Appliance, including missing parts or defective discs or other media.
5.3.4 Moisture, water damage, corrosion, rust, or other environmental factors.
5.3.5 Rodents, insects or other pestilence.
5.3.6 Force Majeure events outside human control, including floods, earthquake, hurricane, volcanic eruption, and including lightning.
5.3.7 Electrical surge, including as a result of load shedding.
5.3.8 Tampering with or repair by any non-MC approved person.
5.3.9 Cracked or broken TV screens are not covered under this Service Product.
5.4 MC’s Service obligation excludes:
5.4.1 The electricity supply to the Appliance, including the wiring from the plug socket to the Appliance.
5.4.2 Cosmetic parts, such as the exterior of the Appliance or any cabinet containing the Appliance.
5.4.3 Speakers, amplifiers, sub-woofers, clocks, pilot lights.
5.4.4 Batteries, globes, bulbs, filters or other consumable items.
5.4.5 Any ancillary device connected to the Appliance such as a decoder, personal computer, games console, home theatre, external speakers, external hard drives etc.
5.4.6 Routine cleaning of any moving parts such as DVD lasers or filters on dishwashers, tumble dryers and washing machines.
5.4.7 Hand-held remote controls.
5.4.8 Tuning or re-tuning unless required as part of a repair.
5.4.9 After-hours callouts.
5.4.10 Any interaction with Multichoice, Cellular Service Provider, or any other provider of content with regard to the connection of smart cards or account queries.
5.4.11 Appliances still under manufacturer warranty or within ninety days after manufacturer repair (MC may assist by liaising).
5.4.12 Appliances subject to a manufacturer or distributor recall.
5.4.13 Any Appliance not correctly listed in the Schedule.
5.4.14 Defects that pre-date inception and were known or should reasonably have been known to the Customer.
5.5 The Customer agrees that MC shall not be required to keep any parts removed from any Appliance separate, nor to provide any such parts to the Customer.
5.6 If the Customer disputes whether a repair, defect, or failure falls within an exclusion under this Agreement, the dispute shall be referred to a suitably qualified technician nominated by MC, who shall act as an expert and not as an arbitrator, and whose determination shall be final and binding on the parties unless such determination is manifestly unreasonable or contrary to applicable law.
5.7 For the avoidance of doubt, MC will not consider the following categories of Appliances:
5.7.1 Appliances used for commercial purposes.
5.7.2 Outmoded technology (rear-screen projection televisions, VCRs, etc.).
5.7.3 Appliances more than eight years old require evaluation; only thereafter may MC decide whether it is repairable/eligible for cover.
5.7.4 Grey/parallel imports not supported by local representatives.
5.7.5 Appliances situated outside the borders of the Republic of South Africa.
6. SPECIFIC EXCLUSIONS
6.1 The exclusions set out in this clause apply to all relevant Appliances and Appliance Categories but are listed here under particular categories for ease of reference.
6.2 Audio-visual Appliances – Service Excludes:
6.2.1 Antennae, aerial, satellite dish, LNB or cabling to the Appliance.
6.2.2 Any tapes, DVDs or data stored on any hard drive or storage medium; repairs may delete data and the Customer accepts this risk.
6.3 Kitchen Appliances – Service Excludes:
6.3.1 Plumbing between the water supply and the Appliance.
6.3.2 Gas leaks in refrigerators/freezers that cannot be repaired in MC’s opinion; light bulbs, glass shelves, or icemakers.
6.3.3 Drain hoses and water supply hoses.
6.3.4 Damage caused by foreign objects, blocked filters, pumps and drains.
6.4 ICT Appliances – Service Excludes:
6.4.1 Software or data loss/corruption; viruses/malware; Customer must protect and back up.
6.4.2 Retrieval, backing up, transfer, or reconstitution of data.
6.5 In-home Service limitation for portable appliances:
In-home Service does not apply to portable items (laptops, tablets, game consoles and the like); Customer must bring such appliances to MC’s nominated service agent.
7. SERVICE LEVELS
7.1 The Customer must request maintenance (no later than 30 days after the fault becomes evident) by calling MC during office hours and providing the following details.
7.1.1 Service Contract number.
7.1.2 Updated contact numbers and confirmation of physical address.
7.1.3 Make and model of the Appliance requiring repair.
7.1.4 Full description of the issue.
7.2 MC will endeavour to respond within a reasonable time, depending on the nature of the request, type of appliance, time of day, service area, and availability of appropriate resources.
7.3 Where the Appliance is located outside of MC Service Areas, In-home Service shall not apply, and Service will instead be provided on a “Carry-in” basis.
7.4 MC will endeavour to repair within a reasonable time after initial response, dependent on spare parts availability.
7.5 MC shall not be obliged to repair where parts are not available or where, in MC’s reasonable opinion, the appliance is Beyond Economical Repair.
7.5.1 MC may declare the Appliance Beyond Economical Repair.
7.5.2 MC may terminate its obligations in respect of an Appliance declared Beyond Economical Repair and, where the Customer has prepaid Service Fees in advance, pro-rate and refund or credit such prepaid fees for the unexpired portion of the Service period relating to that Appliance, subject to applicable law.
7.5.3 Where an Appliance is declared Beyond Economical Repair, MC may, in its discretion, discharge its obligations in respect of that Appliance by compensating the Customer with an amount equal to the lesser of:
a. the reasonable market value of a functionally equivalent Appliance of similar age, condition, and specification at the time of assessment; or
b. an amount equal to six (6) times the monthly Service Fees paid by the Customer in respect of that Appliance.
8. BREACH
8.1 MC may cancel with immediate effect if the Customer breaches any term and remains in breach for ten (10) days from notice. If the Customer fails to settle their account and continues missing payments for three consecutive months, MC reserves the right to cancel immediately.
8.2 Notification includes email, SMS, telephone call, or other dispatch to the contact details provided by the Customer.
8.3 The Customer shall be liable for all legal costs on an attorney-and-own-client scale, including tracing costs and collection commission, to the extent permitted by law.
9. DATA PROTECTION
9.1 MC shall comply with POPIA and the Electronic Communications and Transactions Act.
9.2 MC shall comply with applicable laws, policies and procedures relating to protection, storage, handling, privacy, processing, retention and destruction of data.
9.3 Customer information will be processed only for the express purpose for which it was obtained.
9.4 MC may obtain and process personal information for the duration of the Agreement for fulfilment of rights and obligations herein.
9.5 The Customer agrees that MC may share the Customer’s personal information with its affiliates, service agents, contractors, insurers, payment service providers, and other third parties strictly to the extent necessary to administer this Agreement, render the Services, process payments, manage risk, or comply with applicable legal and regulatory obligations, and always in accordance with applicable data protection laws.
10. GENERAL
10.1 The Customer is responsible for all licences and compliance required to use the Appliance (including TV licences and RICA compliance).
10.1.1 Welcome Pack and Acceptance: Upon sign-up, a welcome pack including these Terms & Conditions will be sent to the Customer. By signing up and continuing with the Service Product, the Customer constitutes full acceptance of these Terms & Conditions.
10.2 Times referred to are estimates only and MC is not liable for consequential or pure economic losses arising from timing, delays, traffic, parts availability, or appointment estimates.
10.3 If the Customer is not a Consumer under the Consumer Protection Act, risk remains with the Customer for the duration of the Agreement.
10.4 If the Customer is a Consumer, risk remains with the Customer unless loss/damage/theft is proved to have arisen from MC’s or its Service Agent’s gross negligence, including transit and in-service handling.
10.5 This Agreement, the Schedule and appendices constitute the entire agreement; MC is not bound by representations not recorded herein.
10.6 No variation is valid unless in writing and confirmed by an authorised MC representative; no indulgence is a waiver.
10.7 MC may cede/assign rights and obligations; the Customer may not cede/assign without MC’s written consent.
10.8 The Customer indemnifies MC against loss/damage and claims arising from Customer’s use of the Appliance/s, including consequential loss, to the extent permitted by law.
10.8.1 MC may escalate unpaid accounts to debt collectors or legal counsel in the event of persistent non-payment or breach.
10.9 The Customer consents to MC accessing and providing information to relevant databases for assessing propensity to pay.
10.10 The Customer agrees to a payment holiday to the value and extent that any credit or rebate is due.
10.10.1 Plan Duration, Cancellations & Adjustments
10.10.1.1 The Maintenance Plan is subject to the agreed fixed duration (twelve (12) or twenty-four (24) months) recorded at sign-up, after which it may continue on a month-to-month basis in terms of clause 10.10.1.6 below, unless the parties agree otherwise in writing.
10.10.1.2 The Customer may cancel this Agreement during the fixed term by giving MC not less than twenty (20) business days’ written notice (or such longer notice as may be permitted and agreed), subject to a reasonable cancellation charge as contemplated by the Consumer Protection Act, which charge shall be calculated with reference to (without limitation): the remaining term, the value of discounts and benefits already received, repairs already performed, administrative costs of establishing the Agreement, and any other factors recognised by law as relevant to a fair and reasonable cancellation charge.
10.10.1.3 Where the Customer requests cancellation, the Customer must contact MC via the call centre at 087 803 9800/01 and submit written notice using MC’s published customer communication channels, so that MC can validate the Customer and process the instruction securely. The Customer acknowledges that MC may require verification steps to prevent fraud and unauthorised cancellations.
10.10.1.4 Should a cancellation be accepted and processed, the Customer will receive a confirmation letter from MC specifying the last debit order date and the amounts to be collected, including arrears and any reasonable cancellation charge.
10.10.1.5 Clients on a month-to-month basis may request cancellation only after a period of six (6) months has elapsed since the date of their last approved claim, unless the Customer exercises a statutory cancellation right that may not lawfully be restricted or excluded by agreement, including any right arising under the Consumer Protection Act.
10.10.1.6 Consequences of Missed Payments and Early Cancellation
a. If the Customer misses any debit order payment and a repair was carried out during the contract term, the Customer will be held liable for the full cost of that repair, to the extent that such repair falls outside MC’s obligation due to the Customer’s breach and/or suspension of Service under clause 3.3 and subject always to applicable law.
b. Failure to make monthly payments does not exempt the Customer from fulfilling the financial obligations of the full contract term, and MC is entitled to enforce this Agreement and recover amounts lawfully due.
c. Upon cancellation arising from non-payment, or early cancellation prior to the expiry of the agreed twelve (12) or twenty-four (24) month term, MC may, subject to applicable law, debit and/or claim the remaining contract value and/or a reasonable cancellation charge, provided that any amount so claimed:
i. is not unlawful or unfair;
ii. is calculated in accordance with the Consumer Protection Act and the Conventional Penalties Act; and
iii. remains subject to the Customer’s right to dispute the reasonableness of such charge in law.
d. Continued failure of missed payments will result in escalation, including possible legal action.
10.10.1.7 Agreement Renewal and Expiry
10.10.1.7.1 MasterCare will notify the Customer in writing between forty (40) and eighty (80) business days prior to the expiry of the initial 12- or 24-month Service Product duration. This notice will set out any changes to Service Fees, material changes to the Terms & Conditions, and the options available to the Customer upon expiry.
10.10.1.7.2 Unless the Customer expressly directs MasterCare to terminate the Agreement on the expiry date, or agrees to a further fixed renewal period (e.g., another 12 months), this Agreement will automatically continue on a month-to-month basis after expiry of the initial fixed term.
10.10.1.7.3 During the month-to-month period, the Agreement is terminable by the Customer upon providing twenty (20) business days’ written notice to MasterCare (or such other period as may be required by law from time to time).
10.11 Acknowledgement of Critical Financial Obligations
10.11.1 By accepting this Agreement, the Customer acknowledges that the consequences of non-payment and early cancellation were disclosed to them (verbally or in writing) prior to inception.
10.11.2 The Customer specifically acknowledges understanding that, in terms of clause 10.10.1:
a. the Customer may be liable for the full cost of repairs performed in circumstances where the Customer’s non-payment results in suspension/termination and the repair value exceeds MC’s obligation for the period in which the Customer was in breach; and
b. MC is authorised, subject to law, to recover amounts lawfully due, which may include accelerated recovery of remaining contract value and/or a reasonable cancellation charge, and that failure to pay may result in escalation and legal recovery steps.