1.1. Apex Waterproofing is hereinafter referred to as the “Contractor” and the party, who has accepted the quotation, or his representative, is referred to as the” Client”.
1.2. These conditions of contract constitute the entire agreement between the parties. Any modifications or alterations at variance with these conditions shall not be binding unless accepted in writing and signed by both parties. No instructions given by the Client to our workmen on site shall be binding upon us. Any written terms and conditions set by the Client in his order or directives which conflict with these conditions, shall be overridden by the conditions herein.
1.3. The Contractor shall not be liable for losses to the Client caused by delays or damage by strikes, lockout, weather conditions, an act of God or any cause outside the Contractor’s control, including political riot.
1.4. The Contractor reserves the right to cancel, postpone or change the project date and/or time should unforeseen circumstances occur, in which case the Contractor will do everything they reasonably can to let the Client know.
1.5. Quotations are valid for acceptance within 30 days of the date hereof unless otherwise agreed.
1.6. It is herein agreed that the Contractor shall be entitled to assign or delegate its obligations under this agreement.
2.1. All guarantees as may be stated in the quotation will be subject to the Contractor’s standard guarantee terms, whether an official guarantee has been submitted in writing.
2.2. Any guarantee furnished by the Contractor to the Client shall not be binding upon the Contractor unless & until payment has been affected of all amounts payable by the Client to the Contractor in terms of this Contract.
3. MATERIALS STRIPPED
Unless stated to the contrary, all existing materials stripped off the roof or area of work, removed from site by the Contractor becomes his property, free of any compensation.
4. LOCAL AUTHORITY REQUIREMENTS
Any work additional to the quotation required by the Contractor to comply with any law, regulation or by law of the local or other competent authority shall be regarded as an extra and any fees and charges demandable by law hereunder in respect of the work, shall be payable to the Contractor as an addition to the Contract sum.
5. CLAIMS FOR LOSS
5.1. The Contractor shall not be liable for any consequential loss or damage suffered by the Client or a third party arising directly or indirectly out of this Contract or arising from work executed by the Contractor in pursuance thereof.
5.2. The Client shall have no claim against the Contractor related to snags of the Contract in respect of workmanship or materials, unless the Contractor is notified thereof in writing within 10(ten) days after completion and sign off the Contract.
6.1. Payment shall be due immediately upon presentation of invoice unless otherwise stated on the face thereof. Any overdue accounts will be subject to 2.5% interest per month or part thereof.
6.2. All work executed is subject to final measurement and will be invoiced at the rates per m²/linear meter quoted (only applicable if an on-site inspection has not yet been completed).
6.3. Any work executed or materials supplied which are not expressly included in the Contract sum shall be charged as an extra.
6.4. Materials used for the Contract remain the property of the Contractor until payment has been received in full by the Client by the agreed date. In the event of non-payment by the Client, the Contractor reserves the right to strip off and remove materials used on the job.
6.5. The payment of all monies due by the Client must be made within the agreed time frame stipulated on the face hereof and payment delays by third parties will not be entertained by the Contractor as a reason for non-payment. It is specifically agreed that where the Contractor undertakes work as a subcontractor, payment due to the Contractor shall not be delayed by reason of non-payment of any amount due to the Main Contractor.
6.6. The Client shall not be entitled to deduct any retention monies in respect of amount due to the Contractor, unless agreed in writing.
6.7. A 10% administration and operations fee will be charged to the Client should the project be cancelled within 72 hours prior to the agreed commencement date.
7. SITE CONDITIONS & PROVISION
7.1.1. The Client shall or his Contractor shall be responsible to ensure that the site is ready for installation and/or investigation according to the schedule set & agreed upon by both parties. Any changes to the schedule will be conveyed to the Contractor by no later than 13h00 of the day before the set date.
7.1.2. The readiness of the site shall include the following: access for materials; installation of the correct & smooth screeds-to-fall, coves & wall-to-floor joints, water outlets, and doorway threshold detail; the surfaces to be cured, clean and free of builder’s equipment (only applicable if the items mentioned in 7.1.2 were not arranged to be done by the Contractor themselves).
7.1.3. If upon arrival on site, the Contractor finds the conditions as in 7.1.2 are not ready & (1) that the commencement of the waterproofing work is delayed because the Contractor himself is having to effect the necessary preparations or (2) that the Contractor cannot begin at all, the Client shall be liable for the costs incurred by additional cleaning and preparation, working delays, loss of time & costs which shall include inter alia, salaries & wages, traveling & production time & profits which said costs shall be payable by the Client upon receipt of the invoice.
7.2. The Client shall be liable for the cost of repairs to installed waterproofing materials that have been damaged by other trades at any time.
7.3. Whilst reasonable precautions will be taken when working adjacent to final finish paintwork etc, (due to the nature of the operation) any defaced areas will be made good using materials supplied by the Client.
7.4. The Contractor is not liable for any subsequent leaks caused (a) by faulty design of the structure (especially at doorway thresholds & outlets) and (b) adjacent areas, whether or not pointed out to the Client at the time of quoting or during the Contract period.
7.5. The Client shall at this expense provide all power, water, lighting & hoisting facilities as well as toilets for workmen & storage for equipment.
Should any dispute arise between the Client & the Contractor relating to the work or this Contract, such dispute shall be referred to & adjudicated upon by a single Arbitrator appointed by the Client & the Contractor, or in the event of their being unable to agree upon the identity of the Arbitrator, the Arbitrator who shall be appointed by the local Chairman of the Waterproofing Association Gauteng. The award of such Arbitrator shall be final and binding upon the Client and the Contractor. The Arbitration shall be conducted without legal representation, & in accordance with the rules as determined by the appointed Arbitrator with a view to having a decision reached as soon as possible which will be final & binding upon the Client & Contractor.
9.1. All costs & charges incurred by the Contractor as a result of the Client’s failure to comply with the agreed terms of payment, including legal costs on an Attorneys/Client scale & collection commission, shall be born by the Client.
9.2. The Client hereby appoints his address on the face to be his domicilium citandi et executandi irrevocably for all purposes arising out of this Contract.
9.3. The Client will not be entitled to any rights or retention or lien over any property, materials /or equipment of the Contractor on or adjacent to the work site in respect of any claim arising out of this Contract.
9.4. In the event of any dispute arising out of or in connection with this contract, or breach of termination thereof, the Client hereby consents to the jurisdiction of the Johannesburg Magistrate’s Court.