STANDARD TERMS AND CONDITIONS OF SALE OF GOODS
1. The purchase price relating to the windows and accessories (i.e. all costs other than installation)is payable three days prior to delivery to the site unless otherwise agreed to in writing, prior to commencement of installation, by granting an extension shall not waive his rights to claim C.O.D. for goods delivered, should be disputed of any nature whatsoever arise. Interest will be charged per month on outstanding amounts at the maximum statutory rate from time to time.
2. Installation costs are payable on completion.
3. Discounts: No settlement discount or builder’s discount may be deducted from prices quoted unless a discount is reflected on this quotation.
4. All roof windows, skylights and accessories hereinafter referred to as goods, remain the property of the seller until paid for in full. In the event of non-payment, the seller hereby reserves the right to remove any goods supplied and/or installed by himself or his agent. In the event of this being necessary, 75% of the original contract price will remain payable. The seller shall under no circumstances be responsible for any loss, injury or damage resulting from the removal of goods for which the client has failed to make payment. The seller shall be entitled to claim from the client all costs arising from dishonoured cheques plus cost of recovery of such amounts.
5. Accessories such as remote openers, rods, blinds etc. are not included unless supply and/or fixing of same forms part of a written contract.
6. All quotations are subject to availability of stock or components from our suppliers. We bear no responsibility for any direct or indirect loss, consequential or otherwise suffered by the client as a result of non-availability to the sellers of any component or manufactured products used in the manufacture of the seller’s product.
7. Quotations to deliver ex stock are always subject to stock being available. Any delivery date quoted shall be subject to delays arising from labour disputes, strikes, arson, lockouts or any other cause beyond the seller’s control.
8. The seller may in his discretion accept goods for credit approvals provided they are in their original packaging and undamaged. Goods returned for credit are subject to a 10% handling fee.
9. All quotations for imported components and accessories not supplied ex stock, are subject to increase should a fluctuation in exchange rates or a manufacturers increase cause an increase in cost to ourselves.
10. Where goods are installed for building contractors, no retention monies may be deducted from contract value, unless retention forms part of a written contract. Should no separate amount be specified for installation, the installation fee shall be regarded as 20% of the combined supply and installation price.
11. The quotation is valid for 30 (thirty) days from date hereof and excludes VAT unless otherwise expressly stated. The client shall be liable for such VAT as may be payable in respect of this transaction.
12. In the event of the client failing to comply with any of these obligations including the payment of any monies on due date then the client shall be liable for all legal costs incurred by the seller, on an attorney and own client scale and the client hereby consents to the jurisdiction of any Magistrate’s Court having jurisdiction over his person, in respect of any cause of action arising herefrom.
13. The proposed delivery date shall not constitute a material term of the is contract, and any deviation from such date shall not entitle the purchaser to cancellation of this contract.
14. Any work not reflected on this quotation will be deemed extra. The installer shall only be obliged to commence such extra work after written acceptance of a further quotation. The seller reserves the right to engage in extra work not obviously apparent at the time of quoting, if such extra is essential to the satisfactory completion of the work. Such extras will be for the client’s account, but shall be accurately accounted for by the seller.
15. Should any deviation from the quoted specification be requested by the client once installation or stripping has commenced, the seller reserves the right to charge for time lost during the implementation of such changes to specification, together with any contingent costs arising therefrom.
16. Where more than one unit is installed, we reserve the right to regard each completed installation as a separate contract of payment purposes, and the client shall not be entitled to withhold payment for the contract in toto, whilst any one or more part of the contract is in dispute. Furthermore, the installation of pre-manufactured goods, and the construction of lightwells or ceiling trims may, at our discretion, be regarded as separate contracts for payment purposes, where quoted for as separate items.
17. All installations will be done during normal working hours, subject however, to the seller’s right to work outside normal working hours in the event that this becomes necessary in order to comply with the estimated completion date of the work. The client shall under such circumstances grant continued access to the work area until the contract has been completed.
18. Clear and unimpeded workspace shall be made available to the seller’s workmen, and the moving of furniture and any other goods in the work area and en route to the work area which are susceptible to damage from impact, the ingress of dust, water or any other matter affected by work, prior to commencement of work. In the event that the client fails to ensure that his goods are removed from the work area, our workmen shall in their discretion, move such goods at client’s risk. The seller shall not be liable for any loss or damage to the property of the client where such property has been removed from the vicinity of the work area, or the access way thereto.
19. No provision is made for the erection of scaffolding for access to the work area. Where scaffolding is required, this shall be for the client’s account.
20. Should roofing materials on any existing roof prove to be defective upon stripping, (eg. Corrugated iron sheets rusted on overlaps), the seller reserves the right to place such materials as are necessary at additional cost, to ensure a watertight installation.
21. No instruction is to be given by the client to workmen on site, other than to confirm the position of windows quoted for. The client or his authorised agent shall be available at commencement of installation to confirm exact positions of roof windows. Roof windows incorrectly positioned due to the client or his agent no being present at the commencement of each individual installation, or as the result of an incorrect instruction by the client or his agent to the seller’s workmen, shall be relocated at client’s expense. The cost of any extra requested by the client and done by our workmen, shall be for client’s account.
22. Plumbing, painting/varnishing, ceiling trimming and electrical alterations shall always be for the account of the client. No obligation shall rest on the seller to attend to such work unless same forms part of a written quotation.
23. Painting is excluded unless specifically quoted for. Where lightwells are constructed and painted, a colour disparity may occur between newly painted areas and old paintwork. In such an instance no responsibility can be accepted for repainting of the entire ceiling. Painting, where included will only be done in white PVA. Should any other colour or type of paint be required this must be supplied by the client at client’s cost to the installer prior to the commencement of the installation.
24. Where a service call is charged for, it is assumed that the work can be completed in a single day. Where work cannot reasonably be completed in a single day for any reason whatsoever, and further service calls are necessary to complete work, all further service calls will be for the client’s account.
25. The seller shall bear no responsibility for any damage caused to plumbing, electrical, burglar alarm, television, insulation or any other system or component contained within the roof space.
26. Where lightwells are quoted for, the specification shall be 12mm gypsum board construction, flared to a maximum aperture length of 1200mm and width equivalent to a skylight or roof window width, trimmed at ceiling level with a beading. No skimming or wider aperture flaring is included unless specifically quoted for.
27. Whilst we may recommend a particular roof widow or skylight type or size for a particular situation, we make no representation as to the amount of light, heat, or condensation which the installation might generate. Should the client have any concern with regard to these factors, we recommend that the dependent advice of a qualified architect be sought as client’s cost, prior to commencement of work.
28. The responsibility of obtaining planning permission, and all cost arising therefrom shall be the sole responsibility of the client, and failure to obtain such permission shall not constitute valid grounds for the cancellation or variation of this contract.
29. Rubble generated by the installation shall be removed by the seller unless a skip or other receptacle is already on site for general rubble removal. All rubble shall be neatly packed in a position as indicated by the client, for convenient removal by another party. In the absence of any instruction from the client, the foreman shall use his discretion in instructing workers where to place rubble.
30. The client or his appointed agent shall present upon completion of work, to approve all workmanship. The contractor may in his discretion require that the client or his agent sign a release form upon completion. In the event of neither the client nor his agent being present to sign a release or verbally approve the work, work will be completed to our usual standard whereupon our workmen shall leave site. After the seller’s workmen have left site, with or without the signature of a release form, the client shall not be entitled to recall workmen to attend to minor visual defects not pointed out during final approval.
31. The guarantee on all mechanisms, blinds and other components on roof windows supplied shall be for 12 months against defect or failure. Where goods are installed by the seller, a three year guarantee against leakage shall be given. Our liability for warranty on imported products or components subcontracted to third parties, shall never exceed the extent to which to original manufacturer warranties the components to ourselves.
32. Any claim arising from defectively manufactured or installed roof windows, shall be limited to rectification of such defect, and shall no render us liable to any further claim for consequential loss arising from ingress of dust, water, heat, or loss or injury of any nature.
33. Any defect in workmanship or products occuring within the guarantee period should be immediately reported to the seller. No repairs whatsoever may be made during the warranty period by any person other than the seller. Unauthorised repairs will render the warranty invalid.
34. The installer shall be entitled to display a sign board outside the client’s site for a period of 60 days from date of completion of work. Should the board not be removed by the seller after 60 days, the client may do so, but must keep the board for the seller to collect.
35. This agreement constitutes the entire agreement between the parties and no agreement between the parties concluded prior to or after this agreement has been entered into including any agreement to vary this agreement, shall be of any force or effect unless same has been induced into entering into this agreement by reason of any representations or promises made by or on behalf of the seller prior to conclusion of this agreement.
36. Where the installer is called out to inspect a defect which is assumed to originate from his installation, but which subsequently proves to be caused by another roof defect, he may charge for a service call, as well as the repair, should he effect such repair.
37. All materials removed from the roof to effect the installation, shall become the property of the seller, unless otherwise agreed in writing prior to commencement of installation.
38. In the event that the client or alternatively the client’s appointed agent instructs the installer to attend on site to commence work on a specific date and the installer is unable to commence work for any reason beyond the installer’s control, in such event the client shall make immediate payment to the supplier of the sum of R250,00 per hour per team of three wasted based upon the costs incurred by the installer in travelling to the site and making personnel available to commence work upon the appointed day, plus the cost of a service call of quoted for as a separate charge.
39. In the event that the signatory hereof is not the client, for example, where he client is a company or close corporation, partnership or other legal entity separate from the signatory, then the signatory hereof by his signature hereby binds himself as surety and co-principal debtor with the client to the seller in respect of the payment of all sums of money and due compliance by the client of all the client’s obligations in terms of this agreement to the seller and the signatory hereby waives the benefit of excussion
40. Where the client fails to make payment to the foreman on completion of an installation and either fails to make payment at the seller’s offices or to deposit payment into the seller’s bank account and furnish the seller with a copy of the deposit slip by telefax or otherwise, in either case within 24 (twenty-four) hours of completion, then the client shall be in breach of his obligations and the seller shall be entitled to take such action, including legal action, as may be necessary to recover payment and the seller shall be entitled to charge at his customary rate for a service call of any trip made by the seller or his agent to collect payment from the client.
41. Acceptance of this contract is to be tendered by only the client or his approved agent, and not by office employees of either party. Should the client or his agent instruct an employee to accept this quote without the seller being aware that this has occurred, this contract will be deemed binding between the client and/or his agent, and not between the seller and the employee, should the seller so elect.
42. Where computers are in use during installation of goods, these shall be on dedicated plugs unaffected by tripping of electrical leakage systems. The seller bears no responsibility for any damage to any computers or electrical systems which occur as a result in tripping whilst power tools are in use.
43. In the event that the seller agrees to cancellation of an accepted quotation for standard Roof Windows or Skylights, this shall be subject to a cancellation fee of 10%. Where the seller agrees to cancellation of an accepted quotation for non-standard Roof Windows or Skylights, this shall be subject to a cancellation fee of 20%.
44. The parties hereby agree that where the sell utilises the services of one of his approved installation subcontractors, the seller may redirect any claim for issues beyond the scope of product installation and product defect covered by warranty, to the subcontractor concerned.
45. The parties choose as their domicilia cintandi et executandi and as the address to which all notices in terms of this agreement shall be sent, the following address: The seller, 12 Ferndale Drive, Sunset Industrial Park, Ottery, Cape Town or the address at the top of the quotation. The purchaser: the address as set out on the face of the quotation.
46. Non-standard roof windows and skylights are to be paid in full on order. The seller will not start production until said funds have been receipted.
47. Ownership of the skylight does not pass until full payment has been reached.
48. The builder confirms that he has informed the owner of this clause in the event that the owner does not sign acceptance of quote.