TERMS AND CONDITIONS
WHEREAS Venter Plumbers wishes to provide plumbing and related services; and WHEREAS the Client wishes to make use of one or more of the services briefly described in Clause 6 hereof, or other quotation provided by VENTER PLUMBERS;
THEREFORE the parties agree as follows:
1.1 “Agreement” means the contract between the Service Provider and the Client for the provision of the Services and/or Products incorporated in the quotation
1.2 “Client” means the owner, or occupier of the property at which the work is to be performed, alternatively the owner’s agent who warrants that he is duly authorized to bind the owner.
1.3 “Commencement date” means a date agreed by the parties in writing as mutually suitable for the work to begin.
1.4 “Equipment” means such as tools and machinery as may be necessary to execute the work.
1.5 “Materials” means all materials, appliances and apparatuses to be installed, or used in the execution of the work.
1.6 “Order” means the formal acceptance by the Customer of a quoted work proposal.
1.7 “Practical Completion” means this is the date on which the work has been completed and handed over to the Client together with the final invoice in respect of the completed work.
1.8 “Price” means the amount payable in terms of any quotation for services provided in terms of this agreement.
1.9 “Product” means, In general, a single item or unit, a group of equivalent products, a grouping of goods or services, or an industrial classification for the goods or services which are to be used or installed in terms of this agreement.
1.10 “Property” means the Client’s property at which the work is to be effected and shall be deemed to be at the address reflected on the accepted signed quotation, unless the contrary is stated.
1.11 “Quotation” means a statement of work, proposal or other similar document describing the
Services and/or the Products as well as the price and payment terms for such Services or Products.
1.12 “Service Provider” means an entity that provides professional services to other businesses or individuals (VENTER PLUMBERS).
1.13 “Services” means the work that is to be performed by the Service Provider including, but not limited to, the services described in clause 6 hereof.
1.14 “Technical Drawings” means architectural drawings prepared in respect of the work, if the work
requires such drawings, which shall be supplied by the Client, unless VENTER PLUMBERS is specifically instructed to have the drawings prepared by an architect, at additional fees as agreed upon.
1.15 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document.
1.16 “Work” means all work to be effected in terms of this document by VENTER PLUMBERS at the specified property.
2.1 This agreement will, come into operation on the commencement date and will continue until the practical completion date has been reached, as quoted in the quotation and/or order, alternatively on such other reasonable date as agreed by the parties in writing unless terminated prior to such date by either party in accordance with the terms contained herein;
2.2 On the date of practical completion, VENTER PLUMBERS shall hand the work on the property
over to the Client and render a final invoice in respect of the contract price. The Client shall be obliged to accept the work and the final invoice, subject to the Client’s rights to insist on the repair of any defects that may be manifest itself as set out in this agreement.
3.1 All quotations are valid for a period of 30 days from the date of receipt of the quotation.
3.2 The price for Services and/or Products and/or Materials is specified in the quotation and is inclusive of VAT, unless otherwise specified.
3.3 The terms for payment are as specified in the quotation.
3.4 A deposit of 70% (or as indicated on quote) of the quoted price will be required on all quotations.
3.5 Payment of the balance of the quoted price will be made by the Client within 30 days of date of invoice, into the bank account nominated by VENTER PLUMBERS.
3.6 In the event of late payment by the Parties then interest will accrue at 15.5% (fifteen and a half percent) lending rate.
3.7 Services will be provided to the Client on the commencement date agreed to by the parties following acceptance of the quotation and payment of the deposit; but such date may be delayed at the choice of VENTER PLUMBERS if the deposit is still outstanding on the anticipated date of providing the services and/or products; or if there is any delays in the supply of products by the VENTER PLUMBERS’ suppliers which cannot be directly or indirectly attributed to VENTER PLUMBERS.
3.8 VENTER PLUMBERS is entitled to vary the price taking the following into account:
(a) any additional Services and/or Products requested by the Client, which were not included in the original quotation;
(b) any unexpected increase in the cost of materials and / or products;
(c) any additional work required to complete the Services, which was not anticipated at the time of the original quotation.
3.9 Any price variation will be in writing to the Client for his / her approval.
3.10 No work will commence without an order number or letter of appointment. Telephonic instructions are deemed as official orders.
3.11 Quoted prices are subject to fluctuations in the exchange rate.
3.12 VENTER PLUMBERS may charge the Client interest on any amount not paid on the due date, calculated from the date such payment was due until payment has been made in full, at the maximum rate permitted.
3.13 All work can be re-measured by VENTER PLUMBERS for final involve.
OBLIGATIONS OF THE SERVICE PROVIDER (VENTER PLUMBERS)
The Service Provider will:
4.1. Supply the Services and/or Products / Materials as specified in the quotation.
4.2. Perform the Services with reasonable skill and care and to the highest standards and in accordance with recognized codes of practice.
4.3. Comply with all relevant health and safety regulations.
4.4. Be responsible for all waste management and disposal required in the course of providing the Services and/or Products.
4.5. Always clear and tidy the work area on completion.
4.6. Take all reasonable steps to protect furniture, floor coverings and any other valuables when providing the Services.
4.8. Where required, be registered with the relevant organization for the purpose of self-certification or notify building control to arrange for an inspection of the work carried out if so required to do so in terms of the relevant building regulations.
4.9. Hold valid employer and public liability insurance policies.
4.10 All work is under a 6 month guarantee after final handover and signoff.
5. OBLIGATIONS OF THE CLIENT
The Client will:
5.1 Provide unrestricted access to his / her property at the times specified for the duration of the project. Normal working hours are Mondays to Fridays, 08h00 – 17h00. Special arrangements will be made for work necessary to be completed on Saturdays, Sundays and Public Holidays.
5.2 Co-operate with all reasonable requests by VENTER PLUMBERS.
5.3 Not cause any unreasonable delays. Any standstill / delay caused by the Client shall be charged per hour of standstill as per our standard rates.
5.4 Provide electricity, water and toilet facilities to VENTER PLUMBERS for the purpose of completing the Services / Project.
5.5 Be responsible for any redecoration required after the Services/Products have been supplied, unless otherwise provided for in the quotation.
5.6 Ensure adequate ventilation in areas requiring indoor work.
5.7 Be liable for any expenses incurred by the Service Provider as a result of the Client’s failure to comply with the obligations as defined in this Agreement.
5.8 Inform VENTER PLUMBERS of any faults or problems in respect of the services provided or products and/or materials supplied as soon as possible after such fault or problem is discovered within 6 months after final handover and signoff.
- Ensure that payment of money due in terms of this Agreement is made in accordance with the provisions hereof.
BRIEF DESCRIPTION OF SERVICES
The services provided by Venter Plumbers include, but is not limited to, the following:
Residential building and construction
- Supply and install of new geysersand geyser blankets – SABS standard
- Geyser repairs– elements, thermostats, lacto valves, safety valve
- Blocked drains(waste pipe, manholes, drain pipe)
- Blocked toilets, urinals, baths, showers, basins, sinks
- Replacing and resetting of tap washers
- Leaking taps, toilets, baths, basins, showers, bidets
- Connection of all washing machines, dish washers, fridges, etc
- Install or reroute garden taps and pipes
- Drain cleaning– storm water pipes
- Bathroom renovations
- Storm water drainage
- COC certificates
- Building inspections
Ownership in any products and/or materials installed remains vested in VENTER PLUMBERS until the Client has paid all amounts owing in terms of the quotation;
8.1 Should the Client be in default of any payment due in terms of this agreement or be in breach of its terms in any other way and fail to remedy such default or breach within 30 days after dispatch of a notice to remedy the breach, VENTER PLUMBERS will be entitled, without prejudice to any alternative or additional right or action or remedy available to them under the circumstances, to claim immediate payment of all amounts due to VENTER PLUMBERS in terms of the agreement, provided that if the Client does not make immediate payment, VENTER PLUMBERS may, refer the matter to a court of law within the Republic with jurisdiction;
8.2 Without prejudice to any other remedies which either of the Parties may otherwise have in terms of the Agreement or at law, the Aggrieved Party shall be entitled to terminate the Agreement, by written Notice to the other, in the event that the Infringing Party:
8.2.1 Breaches any of its obligations and/or warranties in terms of this Agreement;
8.2.2 Acts dishonestly and/or in bad faith;
8.2.3 Made or makes any intentional or negligent misrepresentation to the Aggrieved Party, whether in any negotiations preceding the conclusion of, or in the execution of this Agreement;
8.2.4 Conducts itself in a manner which is likely to bring the Aggrieved Party into disrepute;
TERMINATION / CANCELLATION
9.1 The Service Provider is entitled to impose a reasonable cancellation fee in the event of cancellation before the commencement date or before the services are provided. The amount of such cancellation fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation.
9.2 No refunds will be given on deposits in the event of cancellation in respect of products and/or materials that have already been ordered or products and/or materials that have been specially made to order.
9.3 The Service Provider reserves the right to cancel an order / booking if the Client breaches any material terms or conditions contained herein and after 20 (twenty) business days’ written notice doesn’t rectify such breach.
10. DISPUTE RESOLUTION
If the Parties are unable to resolve any dispute resulting from this Agreement by means of joint co-operation or discussion between the individuals directly involved with the execution of this Agreement, within 5 (five) calendar days after a dispute arises or such extended time period as the Parties may in writing allow, then such a dispute shall be submitted to the most senior executives of the Parties who shall endeavour to resolve this dispute, within 5 (five) calendar days after it having been referred to them.
Should the dispute not be resolved in the aforesaid manner, then it shall be resolved by way of referral to a court of law within the Republic with jurisdiction.
11.1 VENTER PLUMBERS will not be liable for any delay in rendering any of the services pursuant to this agreement or any failure to render such service due to the negligence of the Client.
11.2 The Client indemnifies and holds VENTER PLUMBERS harmless against any claim of whatsoever nature which may be brought against VENTER PLUMBERS by any person as a result of death, injury, damage to or loss of property at any time arising out of or connected with the failure to provide the services, excluding a grossly negligent act or omission by VENTER PLUMBERS or its employees or agents.
11.3 It is agreed that no insurer will have any rights of subrogation against VENTER PLUMBERS and the Client agrees to notify its insurers of all the provisions of this clause.
11.4 VENTER PLUMBERS agrees to use all reasonable care in providing services and installing products and/or materials. Should VENTER PLUMBERS inform the client that damage may be caused to the premises during the provision of services VENTER PLUMBERS will not be liable for the damage caused.
12. FORCE MAJEURE
Neither Party shall be in breach of this Agreement, where the inability to comply with any obligation is caused by Force Majeure. Force Majeure shall include, but is not limited to; war, riots, civil commotion, natural physical disaster, strike or industrial action by either Party’s employees, any action by government or public authority, and circumstances wholly beyond the control of the Parties.
Notice of an occurrence of Force Majeure shall be given to the other Party as soon as possible, and shall include details of the event, and the likely effect it may have on either Party’s obligations in terms of this Agreement.
Should either Party be prevented from carrying out its contractual obligations for a continuous period of 14 (fourteen) days as the result of the occurrence of Force Majeure, this Agreement may, at the other Party’s instance, be terminated on the expiry of the 14 (fourteen) day period.
If any provision of this Agreement is invalid or unenforceable for any reason, it will not thereby invalidate the whole Agreement, unless the provision in question goes to the heart of the Agreement. In such event, the Party who is adversely affected by the invalid provision may elect to cancel the Agreement; or to continue with it, or continue with it subject to Agreement on any appropriate provision to replace the invalid or unenforceable one.
Notwithstanding any provisions in this Agreement, the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against the Company, its employees, agents or any other persons connected in some way to the services referred to in this Agreement, such claims having arisen from any cause whatsoever
15. CESSION, ASSIGNMENT, DELEGATION AND TRANSFER
Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other, which consent shall not unreasonably be withheld or delayed.
16.1 Within 6 months after the supply of services and/or installation of all products and materials, VENTER PLUMBERS will repair or replace the defective equipment;
16.2 Should VENTER PLUMBERS repair or replace defective equipment and within 3 months the repair or replacement of the defective equipment has not been remedied, VENTER PLUMBERS will replace the defective equipment. Any further repair or replacement of defective equipment after 3months will be for the Client’s account;
16.3 Neither party has given any warranty or made any representation to the other party, other than the warranties or representations which may be expressly set out in this agreement.
16.4 Parts used are under guarantee by the manufacturer/Supplier
16.5 Venter Plumbing cannot be held liable for any damages caused due to faulty manufacturing of the parts. They will however claim for a replacement of the faulty part and re-install it.
17. DOMICILIUM CITANDI ET EXECUTANDI
The Client hereby appoints the address appearing in the quotation, as its chosen domicilium citandi et executandi, being the address to which VENTER PLUMBERS may deliver all court notices, court processes or any other documents.
18. GOOD FAITH
The Parties shall act with the utmost good faith between each other in all matters concerning this Agreement and the Parties shall use their best endeavours to ensure that the objectives of this Agreement are met and realised.
All costs and disbursements, including legal costs on attorney and own client scale, incurred by VENTER PLUMBERS in tracing the Client or endeavoring to collect all or any amounts payable by the Client to VENTER PLUMBERS or otherwise and all collection commissions and all other charges of a like nature are payable by the Client to VENTER PLUMBERS on demand.
If more than one person signs this agreement on behalf of the Client, the signatories will be jointly and severally liable for the Client’s obligations.
In the event of the Client being a juristic person, any natural person signing on behalf of such a juristic person, hereby warrants his authority to sign this agreement, it being within the scope of his powers, objects and authority.
In the event of the Client being a juristic person any natural person signing on behalf of such juristic person, hereby binds himself as surety and co-principal debtor in solidum with the Client to VENTER PLUMBERS, for the due and proper performance by the Client of all his obligations to VENTER PLUMBERS whether presently due, owing and payable or becoming due, owing and payable in the future, and hereby waives and renounces the benefits of excussion, division, exception non causa debiti and cession of action.
No indulgence, leniency or extension of a right, which either of the Parties may have in terms of this Agreement, and which either party (“the grantor”) may grant or show to the other party, shall in any way prejudice the grantor, or preclude the grantor from exercising any of the rights that it has derived from this Agreement, or be construed as a waiver by the grantor of that right.
The Parties hereby agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.
This Agreement, including the Schedules, shall constitute the entire Agreement between the Parties, and no representation by any of the Parties or their agents, whether made prior or subsequent to the signing of this Agreement shall be binding on any of the Parties unless in writing and signed by the Parties.