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THESE TERMS AND CONDITIONS:
1.1 Represent the entire agreement between the parties and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by the Client and a duly authorized representative of Wagters Onderhoudskontrakteurs (Pty) Ltd, hereon referred to as the Supplier/Company.1.2 Are final and binding and are not subject to any suspensive or dissolutive condition.1.3 Expressly exclude any conflicting conditions stipulated by the Client.2. Quote:
Any quote issued by the Supplier shall be valid for a period of 7 days from the date of issue. The Supplier reserves the right to amend any prices quoted, should the fluctuation in price of such goods be beyond The Suppliers reasonable control. Please note that the individual prices only apply if the quotation is accepted in its entirety. Any unforeseen expenses not mentioned in the quote will be extra to the final invoice. The Supplier only provides quotations for what could be seen on site during the initial inspection. Any additional issues that may arise after the initial site inspection, will not be included in this quotation.The quote does not allow for furniture to be moved. The customer is responsible for packing and moving furniture.3. Payments:
3.1 The Supplier will require a 75% deposit to confirm an order.3.2 The balance of the quoted price must be paid no later than 7 days after issuing of the invoice.3.3 All payments must be made via cash or EFT into the suppliers nominated bank account.3.4 The Supplier reserves the right to refuse delivery should the Client fail to comply with payment terms above.3.5 Interest will be charged as allowed by law on all overdue accounts.4. Change of Order:
The Supplier encourages its Client’s to choose carefully prior to finalising their order. The Supplier does not normally give refunds with regards to products being supplied or installed if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair, where goods are defective within the warranty period or within 10 business days the products were wrongly described, different from the sample shown to you or does not perform. If the product has been installed, affixed or amended we will not accept a return of the product, unless defective. We may charge a handling fee if the return is accepted by our Suppliers.5. Substitutions:
The Supplier reserves the right to replace any goods with a suitable substitute should that goods become unobtainable for any reason. Notice thereof will however be furnished to the Client in order to obtain his/her consent.6. The Site
The client agrees that it will allow the Company and its staff access to the property and shall in no way impede the Company’s ability in providing the services as set out in the quotation.The Company shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.The Supplier will not be responsible for any damage to any property of the client handles by the Supplier which is old, damaged, rusted, brittle or worn out.No instruction that are verbally communicated to workers on site will be binding. All instructions shall be communicated directly to the project manager via a written "site instruction" on site or e-mail to the office. All extra costs will be communicated to the client via an quotation/email which must then be accepted in writing by the client before any extra work may be done.The supplier shall assume that internet/Wifi will be available on site during the period of construction, for use in a temporary office. If not, extra fees may apply.7. Materials on-site
Materials delivered to site become the responsibility of the client. All risk in and to the goods pass to the client on delivery. The Company therefore does not accept responsibility for theft, loss or damage after delivery of materials on site unless such loss or damage is attributed to circumstances within in the Company’s reasonable control.Any material brought to the site in excess to the Company's requirements remains the property of and removable by the Company.
The Supplier reserves the right to contractors lien.8. Cancellations:
We require a deposit of 75 % to confirm the order. We may impose a cancellation fee in the event of cancellation. The fee will depend on the nature of the order, the length of notice of cancellation before date of delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered Special–Order Goods.9. Warranty
The Supplier warrants its customers that the goods which have been supplied by the Company and delivered to the Customer shall be free from defects and subject to the following:- The Latent Defects Liability Period is effective for a period of two years. The date is determined from date of delivery of goods/products without patent defect. Patent defects are to be brought to the attention of the Supplier, in writing, within 90 days from delivery.- The warranty shall immediately be rendered null and void in the event of any of the following:
Any alterations or modifications or addition made to the goods/products constructed, without the prior consent of the Supplier.
Failure to use the goods/products in accordance with the instructions and specifications of the supplier
Damages due to the general mistreatment and abuse of the goods/products constructed.
Any damage caused by fire, flood, civil disturbance or act of God.
Any default that can be attributed to normal wear and tear of the material supplied or installed.
The goods/products constructed have not been inspected by an authorized person of the supplier, before the customer requested its replacement, repair or refund.10. Indemnity
The client hereby undertakes to indemnify the Supplier against any claims for harm /damage (including any loss or damage that may be incurred / sustained due to circumstances such as theft) that may result due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ or in his/her representative capacity of the Supplier. This will include any economic loss pertaining to such harm/damage caused due to circumstances beyond the reasonable control of the Supplier.11. Delivery
Notwithstanding anything to the contrary the suppliers’ obligation to deliver goods/provide services shall in all cases be subject to the following:
- (a) Whilst delivery times/date of services are given in good faith and we will use every endeavor to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Customer on account of any delay in delivery/provision of services arising out of any circumstances beyond our reasonable control, which circumstances will include, but in no way be limited to:
- any delays in the supply of goods by our Suppliers which cannot be directly or indirectly attributed to them;
- if the balance of the purchase price/services fee payable on delivery/date of reservation of services is not paid on date of anticipated delivery/reservation of services.12. Costs
Travel costs will be charged if we have to travel to make any material purchases on behalf of the customer. The supplier adds a 15% administration fee to all final invoices from all subcontractors regardless of whether the subcontractor is contracted by Wagters or the client. This serves as a management fee for time and labour spent managing the relevant contractor. PC (Preliminary Cost) amounts are only indications of prices due to the fact that during the quotation phase there was not enough information available to finalize the quotation. Once the information is obtained, the PC amount will be changed to a final quotation amount. PC amounts do not under any circumstances reflect the true amounts nor are they binding.Any disputes shall first be subject to mediation. The supplier shall have the right to assign any mediator of choice. The customer shall be liable for all costs by Wagters Onderhoudskontrakteurs (Pty) Ltd in recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and client scale and costs of counsel as on brief incurred during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such judgement. This is subject to the jurisdiction of the relevant court or tribunal where the case will be adjudicated whom in their final discretion will determine the amount of costs for which the Customer will be held liable.
Please note that the individual prices of the above quotation items are only applicable if the quotation is accepted as a whole. Labour and travel costs are sometimes divided between the various items.13. Complaints : Returns/Refunds:
Clients must lodge any complaint regarding the defective products to the Supplier within 48 hours. The Client is required to immediately contact Wagters’ office on (021) 8800499 or Jac Pietersen on 0829589304 who will respond the complaint within 2 days of receipt thereof. Any refund request will only be considered after the Supplier has conducted an inspection of the goods provided to the Client.14. Leak detections
Call out fee is only payable when a client fails to meet appointed time and where testing is undertaken in flats/apartments/ multistory buildings /semidetached homes, the client is responsible to arrange access to adjacent or adjoining properties- call out fees remains payable should access not be available at the appointed time and cannot complete leak detection.Appointments will only be scheduled after receiving a completed and signed copy of the order form. Unsigned emailed orders will not be processed.
Where agents/tenants manage on behalf of owners and are not available on site for payment, a deposit upfront at the time of booking is required. Unless the opportunity is given by the customer/ representative to expose the final leak position, no guarantees of accuracy are offered. Exposing and tracing of piping through finished surfaces (Tiles, concrete, paving, woodwork or brickwork) are done so at the clients risk and making good to the affected areas remains the responsibility of the client. Expect some exposing, uplifting of excavation of surfaces, specifically where limited or no access for maintenance is provided.Closed type waste pipe systems with no provision for maintenance access cannot be dye tested without breaking open.
Single Leak detection tests do not include multiple leaks or more than one leak on a pipeline.
Further testing will be done after initial repairs and at standard rates.
All repairs subject to a quote and COD payment on site.15. Plumbing
Faulty or detective materials are subject to their specific manufacturer’s warranty. Wagters Onderhoudskontrakteurs (Pty) Ltd will facilitate this process on behalf of the customer but it is not liable for consequential damages due to product failure or the level of service supplies by the relevant manufacturer.No patching and tiling included in quotation. No final finishes included in quotation, unless specified.
While all care will be taken to prevent cracking, breakage and dust during repairs and installation, including concealed electrical supply’s, by signing acceptance of this quotation the client indemnifies
Wagters Onderhoudskontrakteurs (Pty) Ltd , the Director’s and staff against any accidental damage or breakage to existing contents or fixtures that may occur.The quote excludes the appointment or payment of any subcontractor unless clearly indicated in the description, any appointment of electrician’s, tilers, painters, etc. on behalf of or by the client will be for the account of the client and not for Wagters Onderhoudskontrakteurs (Pty) Ltd.
The Client is advised that by accepting the quotation he/she/it will be deemed to have agreed to these Terms and Conditions.16. Sanitation, Water & electrical supply to the premise:
The client will be responsible for supplying sanitation facilities to the Supplier and all water and electrical consumption during the course of the building/renovation process. If the Supplier has to provide for any alternative services, such as rental costs, generators or fuel, this will be for the client’s account.17. Time delay:
In the event of an unforeseen event/s not caused by the Supplier, including but not limited to, inclement weather, delayed client feedback, delay on materials etc. The Supplier will not except any liability or responsibility for such delays and the results thereof.18. Contract:
As soon as the work is accepted, a contract will be drawn up which will be signed by the client and the Supplier. If no contract applies, the contents of this quotation will serve as the binding contract. During construction projects, once work commences, the property will be the possession of, and responsibility of the Supplier. If any goods of the owner are stored, The Supplier accepts no responsibility for them and will do so at their own risk. Any fixed items, pool and plants will be protected as far as reasonably possible. It is the client's responsibility to obtain approval for the necessary plans/permission to complete the relevant work as listed in the quotation from the relevant municipality/HOA/complex/governing body/trustees/estate/owner.