Standard Terms and Conditions for Services

1. Parties, Application and Acceptance

These Standard Terms and Conditions for Services (“Terms”) regulate all services, goods, products, installations, repairs, maintenance, inspections, call-outs, quotations, work orders and related supplies provided by Torukdovah Projects & Development (Pty) Ltd (“the Company”, “we”, “us” or “our”) to any client (“the Client”, “you” or “your”).

These Terms apply to all services rendered by the Company, including but not limited to:
1. general handyman and maintenance services;

electrical/electrician and construction services performed by or under the supervision of appropriately qualified persons;

the supply and installation of solar panels and related solar components; and

ancillary labour, materials, parts, repairs, replacements, inspections and call-out services.

These Terms form the basis of every agreement between the Company and the Client and are deemed incorporated into:
1. every quotation issued by the Company;

every acceptance of a quotation;

every instruction by the Client to commence work;

every invoice or job card issued by the Company; and

every ongoing or repeat engagement between the parties, unless otherwise agreed in writing.

The Client will be deemed to have accepted these Terms if the Client:
1. signs a quotation, job card, work order or acceptance form;

pays any deposit or invoice issued by the Company;

instructs the Company verbally or in writing to commence work;

permits the Company to commence work on site; or

accepts delivery of any products or services from the Company.

In the event of any inconsistency between these Terms and an accepted written quotation, the accepted written quotation shall prevail only to the extent of the inconsistency, and these Terms shall otherwise remain of full force and effect.

2. Definitions and Interpretation

In these Terms, unless the context indicates otherwise:
- “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

“Call-Out” means attendance at the Client’s premises or site for inspection, assessment, fault finding, emergency attendance, repair, maintenance, installation or related purposes.

“Completion” means the date on which the Services, or the relevant portion thereof, have been materially completed by the Company, whether or not minor snag items remain.

“Goods” means all products, parts, equipment, materials, components and items supplied by the Company.

“Quotation” means any written estimate, quotation, proposal, scope of work or pricing document issued by the Company.

“Services” means all labour, work, repairs, installations, maintenance, inspections, testing, fault finding, replacement and associated services provided by the Company.

“Site” means the premises, property or location where the Services are to be rendered.

“Supplier Warranty” means a warranty given by the manufacturer, distributor or external supplier of a specific product.

“Workmanship Guarantee” means the limited guarantee given by the Company in respect of its own workmanship and Services, subject to these Terms.

Words importing the singular include the plural and vice versa.

Any reference to legislation shall include any amendment, re-enactment or replacement thereof.

Clause headings are for convenience only and shall not affect interpretation.

3. Scope of Services

3.1 The Company provides such Services as may be agreed from time to time in writing or as reflected in an accepted Quotation, including general handyman and maintenance work, construction services, electrical services, and supply and installation of solar products and systems.

The Services shall be limited strictly to the scope described in the accepted Quotation, job card, work order or written instruction.
- Unless expressly stated otherwise in writing, the Company does not undertake to:
  - inspect, correct or certify the entirety of an existing system or installation;

3.3.2 remedy latent defects or hidden conditions not reasonably visible at the time of inspection;

assume responsibility for prior workmanship, prior installations, prior repairs or prior modifications by third parties;

provide engineering, architectural or specialist design services; or

perform any work not specifically included in the accepted scope.

The Company may, where reasonably necessary, use subcontractors, specialists or suppliers to perform parts of the Services or supply Goods.

Any additional work requested by the Client outside the original scope shall constitute a variation and shall be charged separately.

4. Quotations, Call-Outs and Variations

All Quotations are valid for 14 (fourteen) days from date of issue, unless otherwise stated in writing, and where such quotations include the supply of Goods/Components to be procured by the Company from a third party supplier, such quotations shall only remain valid for aforesaid period subject to the relevant supplier having availability of such Goods/Components and subject to the Company’s procurement price from the relevant supplier having remained unchanged as at date of quotation.

In the event that the Company’s supplier does not have availability of the quoted goods/components or the procurement price having been adjusted upwards by the relevant supplier, even after acceptance of the quote by the Client, the initial quote shall become invalid and a new or amended quote shall be issued by the Company making provision for the required price adjustment of having to procure the quoted Goods/Components from a new supplier or at a new rate from the relevant supplier.

A Quotation is based on:
- the information made available by the Client;

conditions visible or reasonably inferable at the time of inspection;

current pricing, material availability and supplier charges; and

the assumption that no hidden defects, concealed damage or unforeseen site complications exist.

No binding agreement shall arise until the Client accepts the Quotation or instructs the Company to commence the Services, which instruction shall amount to acceptance of the Quotation.

Call-out charges, inspection fees, fault-finding fees and assessment charges may apply even if:
- no repair is ultimately performed;

the Client declines the recommended work; or

the issue is caused by pre-existing defects, third-party work or product failure.

Any variation to the original scope, including additional labour, materials, travel, equipment, access arrangements, compliance work, replacement parts or remedial work arising from hidden conditions or conditions which could not have been foreseen by the Company at the date of issuing the quote, shall be separately quoted for in addition to the initial quote and charged at the Company’s applicable rates.

Any quotation in relation to existing DB Boards or electrical/solar systems shall be regarded as an estimate only and remains subject to change provided that the Company can reasonably show that such variation became necessary for completion of the work.

The Client shall be liable for the cost of all variations to quotes as provided for in this clause 4 (including the sub clauses), provided that the Company can reasonably show that such variation was requested or became necessary for completion of the work.

5. Products, Materials, Delivery, Risk and Ownership

The Company may supply Goods as part of the Services.

All Goods are subject to availability from suppliers.

Any delivery or installation date is an estimate only and is subject to supplier lead times, stock availability, transport arrangements, access to the Site and other operational factors.

Risk in the Goods shall pass to the Client upon delivery to the Site or installation at the Site, whichever occurs first.

Ownership in all Goods supplied by the Company shall remain vested in the Company until the Company has received payment in full of all amounts due in respect of such Goods and related Services.

Until ownership passes:
- the Client shall keep the Goods in good condition;

the Client shall not sell, dispose of, encumber or part with possession of the Goods, insofar as they are capable of separate identification;

the Company may, subject to applicable law, recover or repossess unpaid Goods.

The Company may at its discretion substitute equivalent products or materials where the originally quoted product is unavailable, provided such substitution is commercially reasonable and fit for the intended purpose.

6. Access, Site Conditions and Client Obligations

The Client shall provide the Company with safe, reasonable and unobstructed access to the Site during normal working hours or such other agreed times as may be arranged.

The Client shall ensure that the Site is reasonably safe for the Company’s personnel, agents and subcontractors.

The Client shall disclose to the Company before commencement of the Services:
- any known defects, hazards or non-compliance at the Site;

any prior repairs, installations or modifications by third parties relevant to the Services;

any structural, electrical, roofing, waterproofing or site-related concerns which may affect the work; and

any special access, security or operational requirements.

The Client shall, at its own cost where applicable, provide access to electricity, water, ablution facilities and any other reasonably necessary utilities and facilities for performance of the Services.

The Client shall ensure that:
- children, pets, occupants and movable items are kept clear of the work area;

all valuables, furniture, finishes and sensitive equipment are protected or removed where necessary;

any required permissions from landlords, body corporates, managing agents or other third parties have been obtained before work commences.

The Company shall not be liable for delays, increased costs, inability to complete the Services or damage arising from the Client’s failure to comply with this clause.

The Client shall follow all operating, care, maintenance and servicing instructions provided by the Company or by the manufacturer or supplier in respect of any Goods installed or supplied.

7. Pricing, Deposits, Invoicing and Payment

Unless otherwise stated, all prices are quoted in South African Rand (ZAR).

Prices exclude VAT unless expressly stated otherwise.

The Company may require a deposit before commencement of the Services or procurement of Goods.

Where a fixed-price Quotation has been accepted a non-refundable deposit will be payable by the Client, the amount of which deposit will be reflected on the quote to be accepted by the Client.

The balance of the contract price shall be payable by the date or stage as agreed upon in writing by the parties, whether on the quotation or otherwise.

For ongoing maintenance arrangements, invoices may be rendered monthly and shall be payable on the 1st day of each month, unless otherwise agreed in writing.

The Company may issue invoices for:
- deposits;

progress payments;

completed work;

delivered Goods;

approved variations;

call-outs, inspections and fault finding; and

wasted trips or return visits caused by the Client.

Unless otherwise agreed in writing, all invoices are payable immediately upon presentation or on the due date stated on the invoice.

Payment shall be made by EFT or cash, unless the Company agrees otherwise in writing.

The Client shall not withhold, defer, set off or make deductions from any amount due to the Company unless required by law or agreed by the Company in writing.

In the event of late payment:
- a late fee of R1 500.00 plus VAT may be levied;

interest shall accrue on the overdue amount at 24% per annum, calculated daily and compounded monthly, from due date to date of payment in full; and

the Client shall be liable for all reasonable legal costs and collection charges incurred by the Company in recovering the debt.

The Company may suspend further Services, withhold delivery, refuse to issue certificates, or decline to attend to defects while any amount remains outstanding.

A payment certificate, proof of transfer or remittance advice does not constitute payment until cleared funds reflect in the Company’s bank account.

8. Time for Performance, Delays and Force Majeure

Any commencement date, installation date, milestone date or Completion date given by the Company is an estimate only unless expressly stated to be fixed in writing.

The Company shall use reasonable efforts to perform the Services within the estimated time, but shall not be liable for delays caused by:
- adverse weather;

supplier shortages or delivery delays;
- hidden defects or unforeseen site conditions;

unsafe working conditions;

lack of access to the Site;

changes in scope requested by the Client;

acts or omissions of the Client or third parties; or

any event beyond the Company’s reasonable control.

If the Services are delayed or interrupted for reasons beyond the Company’s reasonable control, the Company shall be entitled to:
- a reasonable extension of time;

recovery of reasonable additional costs incurred; and

rescheduling of labour, delivery and installation dates.

Force majeure includes any event beyond the Company’s reasonable control, including natural disaster, fire, flood, strike, civil disturbance, supplier failure, transport disruption, state action, utility outage or any similar event.

9. Electrical and Solar-Specific Provisions

Electrical work shall be performed by or under the supervision of appropriately qualified persons, as applicable to the nature of the work undertaken.

Solar services may include the supply and installation of solar panels and related components only to the extent reflected in the accepted Quotation.

Any certificate, compliance document or sign-off issued by the Company shall be limited strictly to the work actually performed by the Company and shall not constitute certification of:
- the entire existing installation;

prior work performed by any other contractor;

hidden defects outside the inspected or worked-on area; or

unrelated systems or components not supplied or installed by the Company.

The Client acknowledges that the Company may identify pre-existing defects, unsafe conditions, non-compliance or defective prior workmanship during the course of the Services. Any remedial work required in relation thereto shall fall outside the original scope unless expressly included.

The Company shall not be obliged to energise, connect, recommission, continue to render its services or certify any system that is based on the opinion of the Company regarded as unsafe, defective, non-compliant or adversely affected by prior contractors’ work, existing site conditions, electricity supplied from the connected source (i.e. Eskom) or by components/goods procured and/or supplied by the Client.

Should the Company be obligated in terms of any applicable law to disconnect a current connected supply of electricity or refuse to energise or connect any system on the grounds as provided for in clause 9.5, the Company shall not be held responsible for any damage, loss or expense arising from such disconnection or refusal to energise or connect and the Client expressly indemnifies the Company from any such damage, loss or expense arising therefrom.

In the event that the Company refuses to energise, connect, recommission or certify any system on the grounds as provided for in clause 9.5, or in the event that the Company is obligated by law to disconnect a current connected supply of electricity, the Client remains liable to the Company for payment of services rendered by the Company up to date of such refusal or disconnection.

10. Supplier Warranties

Any Supplier Warranty applicable to a product supplied by the Company shall apply only to that specific product to which the supplier’s warranty relates.

A Supplier Warranty does not:
1. apply to any other product purchased, owned or used by the Client;

extend to any third-party product, component, accessory or installation not supplied by the Company;

constitute a warranty by the Company beyond the scope expressly given by the relevant supplier or manufacturer; or

cover defects caused by improper installation by others, misuse, neglect, power surges, environmental damage, inadequate maintenance, tampering or unauthorised modifications.

The Company gives no independent warranty in substitution for a Supplier Warranty unless expressly stated in writing.

Where a product is covered by a Supplier Warranty, the Client shall:
1. comply with all supplier or manufacturer requirements;

retain manuals, serial numbers and proof of purchase where applicable; and

permit the Company or supplier reasonable access for inspection and processing of any claim.

The Company may assist the Client with submission of a Supplier Warranty claim, but the approval, scope, remedy and turnaround time of any such claim shall remain subject to the supplier’s or manufacturer’s own processes and decision.

The Company shall not be liable for any supplier’s refusal, delay, partial approval or repudiation of a Supplier Warranty claim.

In the event that the Company assisted the Client with the submission of a Supplier Warranty claim and such claim is rejected as a result of the Client’s negligence in handling/maintaining the item to which such claim relates, or as a result of the Client having breached any of the Supplier Warranty conditions, the Client shall be liable towards the Company for any costs or loss the Company incurred as a result of such claim submission, including but not limited to labour, time and travelling expenses calculated at the Company’s standard rates.

Should the Client procure and provide the Goods/Components to be used and installed, the Company shall not be required to assist the Client in the submission of any Supplier Warrant claim.

11. Workmanship Guarantee

Subject to this clause and all other provisions of these Terms, the Company provides a limited Workmanship Guarantee in respect of defects arising solely from the Company’s own workmanship and Services for a period of 3 (three) months from Completion, unless a different period is expressly stated in writing.

The Workmanship Guarantee is limited strictly to:
1. the work physically performed by the Company; and
1. defects directly and solely caused by the Company’s faulty workmanship.

The Company’s guarantee to the Client is only on the work and services rendered by the Company and does not extend to:
1. products not installed or supplied by the Company;

defects in products themselves, save to the extent covered by any applicable Supplier Warranty;

pre-existing defects, hidden defects or unrelated failures within the Client’s property or systems; or

work performed by previous or other service providers.

If a valid claim arises under the Workmanship Guarantee, the Company’s sole obligation shall be, at its election, to:
1. inspect the alleged defect;

repair the defective workmanship; or

re-perform the affected portion of the Services.

The Workmanship Guarantee is personal to the Client named in the Quotation or invoice and is not transferable without the Company’s written consent.

12. Exclusions from Warranty, Guarantee and Liability

The Company shall not be responsible for any damage, loss, defect, failure, non-performance or expense arising from:
1. defective, incomplete, unsafe or non-compliant work by any previous service provider or any other third party;

hidden, latent or pre-existing defects at the Site or in existing systems, structures, wiring, roofs, fittings, finishes, plumbing or related infrastructure;

wear and tear, corrosion, rust, weather exposure, storm damage, vermin, acts of God or environmental conditions;

misuse, abuse, neglect, accidental damage, vandalism or improper use;

unauthorised repairs, adjustments, tampering, additions or modifications by the Client or any third party after Completion;

load fluctuations, surges, power interruptions, grid irregularities or utility-related events;

failure by the Client to follow proper maintenance procedures, care instructions, servicing requirements or usage guidelines;
1. ordinary maintenance, consumables or routine servicing;

failure of any supplier, manufacturer or third-party product;

site conditions not disclosed to the Company prior to or during performance of the Services.

The Client expressly acknowledges and agrees that the Company shall not be liable for any damage or loss arising as a result of a previous service provider’s defective work.

Any guarantee on Services or Workmanship rendered by the Company is expressly subject to the Client having applied proper maintenance procedures to the relevant products, equipment, installations and work areas. If proper maintenance procedures are not applied, the guarantee shall be void.

The Company shall have no liability for damage to ceilings, walls, tiles, roofing, paintwork, paving, finishes or concealed services where such damage is reasonably incidental to accessing, testing, fault-finding, removing or installing components, provided the Company acted reasonably in the circumstances.

13. Defects Notification and Remedial Procedure

The Client shall inspect the Services and any supplied Goods upon Completion or as soon as reasonably possible thereafter.

Any complaint, defect or dispute relating to the Services, Goods, invoice or Completion must be reported to the Company in writing within 7 (seven) days of:
1. Completion;

delivery of the relevant Goods; or

date of the invoice or event giving rise to the complaint,

whichever occurs first.

The Client shall provide reasonable detail and, where possible, photographs or other supporting information when reporting a defect.

The Client shall not appoint a third party to investigate, alter, dismantle, repair or replace the allegedly defective work before giving the Company a reasonable opportunity to inspect and, if applicable, remedy the defect.

Failure to notify the Company within the period stated above, or interference by a third party before inspection by the Company, may invalidate any claim under the Workmanship Guarantee.

If the Company determines, acting reasonably, that the reported issue:
1. falls within the Workmanship Guarantee, the Company shall attend to the issue within a reasonable period; or

falls outside the Workmanship Guarantee, the Company may provide a quotation for remedial work at the Client’s cost.

14. Limitation of Liability and Indemnity

To the fullest extent permitted by law, the total aggregate liability of the Company arising out of or in connection with any Services, Goods, Quotation, installation, repair, delay, omission or breach shall be limited to the amount actually paid by the Client to the Company for the specific Services or Goods giving rise to the claim.

To the fullest extent permitted by law, the Company shall not be liable for any:
1. indirect loss;

consequential loss;

special damages;

loss of profit;

loss of production;

loss of business opportunity;

loss of savings;

loss of use; or

pure economic loss.

The Client indemnifies and holds the Company harmless against claims, losses, liabilities, damages, costs and expenses arising from:
1. unsafe or defective site conditions;

inaccurate, incomplete or misleading information supplied by the Client;

the Client’s failure to maintain products or installations properly;

the acts or omissions of the Client, occupants, employees, contractors or agents;

prior or concurrent work by third parties; and

the Client’s continued use of any unsafe or defective system after being advised of the relevant risk.

Nothing in these Terms excludes or limits any liability that may not lawfully be excluded or limited under applicable law.

15. Suspension, Cancellation and Termination

The Company may suspend performance of the Services immediately if:
1. the Client fails to make payment when due;

the Site is unsafe;

access to the Site is denied or materially obstructed;

the Client commits a material breach of these Terms; or

the Company reasonably believes that continuing the work may cause damage, non-compliance or danger.

The Company may terminate the agreement on written notice if:
1. the Client remains in breach after being called upon to remedy such breach, where remedy is possible;

the Client repudiates the agreement;

the Client becomes insolvent, is placed under business rescue or liquidation, or commits an act of insolvency; or

continued performance becomes unlawful or impossible.

The Client may cancel the Services by written notice, but the Client shall remain liable for:
1. all Services rendered up to the date of cancellation;

all Goods ordered, procured, delivered or manufactured for the project;

all call-out, inspection, administration, supplier cancellation and restocking charges;

all wasted costs and demobilisation costs reasonably incurred by the Company.

Any deposit stated to be non-refundable shall remain non-refundable to the extent permitted by law and subject to reasonable charges for work done, commitments incurred and losses sustained by the Company.

On termination or cancellation, all amounts then due to the Company shall become immediately due and payable.

16. Protection of Personal Information

Both parties shall comply with their obligations under the Protection of Personal Information Act 4 of 2013 regarding the processing, storage, and transmission of personal information.

The Client consents to the Company processing personal information reasonably necessary for:
1. preparing quotations;

performing the Services;

arranging access, delivery and installation;

invoicing and debt recovery;

administering warranties and guarantees; and

complying with legal and regulatory obligations.

The Company may share relevant personal information with employees, subcontractors, suppliers, manufacturers, professional advisers and service providers only to the extent reasonably necessary for the purposes set out above.

17. General Provisions

These Terms, together with any accepted Quotation, job card, work order, invoice and written variation, constitute the entire agreement between the parties in respect of the subject matter hereof.

No amendment, variation, consensual cancellation or waiver of any provision shall be of any force unless reduced to writing.

No indulgence, leniency or extension of time granted by the Company shall constitute a waiver of any of its rights.

If any provisStandard Terms and Conditions for Services
1. Parties, Application and Acceptance
These Standard Terms and Conditions for Services (“Terms”) regulate all services, goods, products, installations, repairs, maintenance, inspections, call-outs, quotations, work orders and related supplies provided by Torukdovah Projects & Development (Pty) Ltd (“the Company”, “we”, “us” or “our”) to any client (“the Client”, “you” or “your”).
These Terms apply to all services rendered by the Company, including but not limited to:
1. general handyman and maintenance services;
electrical/electrician and construction services performed by or under the supervision of appropriately qualified persons;
the supply and installation of solar panels and related solar components; and
ancillary labour, materials, parts, repairs, replacements, inspections and call-out services.
These Terms form the basis of every agreement between the Company and the Client and are deemed incorporated into:
1. every quotation issued by the Company;
every acceptance of a quotation;
every instruction by the Client to commence work;
every invoice or job card issued by the Company; and
every ongoing or repeat engagement between the parties, unless otherwise agreed in writing.
The Client will be deemed to have accepted these Terms if the Client:
1. signs a quotation, job card, work order or acceptance form;
pays any deposit or invoice issued by the Company;
instructs the Company verbally or in writing to commence work;
permits the Company to commence work on site; or
accepts delivery of any products or services from the Company.
In the event of any inconsistency between these Terms and an accepted written quotation, the accepted written quotation shall prevail only to the extent of the inconsistency, and these Terms shall otherwise remain of full force and effect.
2. Definitions and Interpretation
In these Terms, unless the context indicates otherwise:
- “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
“Call-Out” means attendance at the Client’s premises or site for inspection, assessment, fault finding, emergency attendance, repair, maintenance, installation or related purposes.
“Completion” means the date on which the Services, or the relevant portion thereof, have been materially completed by the Company, whether or not minor snag items remain.
“Goods” means all products, parts, equipment, materials, components and items supplied by the Company.
“Quotation” means any written estimate, quotation, proposal, scope of work or pricing document issued by the Company.
“Services” means all labour, work, repairs, installations, maintenance, inspections, testing, fault finding, replacement and associated services provided by the Company.
“Site” means the premises, property or location where the Services are to be rendered.
“Supplier Warranty” means a warranty given by the manufacturer, distributor or external supplier of a specific product.
“Workmanship Guarantee” means the limited guarantee given by the Company in respect of its own workmanship and Services, subject to these Terms.
Words importing the singular include the plural and vice versa.
Any reference to legislation shall include any amendment, re-enactment or replacement thereof.
Clause headings are for convenience only and shall not affect interpretation.
3. Scope of Services
3.1 The Company provides such Services as may be agreed from time to time in writing or as reflected in an accepted Quotation, including general handyman and maintenance work, construction services, electrical services, and supply and installation of solar products and systems.
The Services shall be limited strictly to the scope described in the accepted Quotation, job card, work order or written instruction.
- Unless expressly stated otherwise in writing, the Company does not undertake to:
  - inspect, correct or certify the entirety of an existing system or installation;
3.3.2 remedy latent defects or hidden conditions not reasonably visible at the time of inspection;
assume responsibility for prior workmanship, prior installations, prior repairs or prior modifications by third parties;
provide engineering, architectural or specialist design services; or
perform any work not specifically included in the accepted scope.
The Company may, where reasonably necessary, use subcontractors, specialists or suppliers to perform parts of the Services or supply Goods.
Any additional work requested by the Client outside the original scope shall constitute a variation and shall be charged separately.
4. Quotations, Call-Outs and Variations
All Quotations are valid for 14 (fourteen) days from date of issue, unless otherwise stated in writing, and where such quotations include the supply of Goods/Components to be procured by the Company from a third party supplier, such quotations shall only remain valid for aforesaid period subject to the relevant supplier having availability of such Goods/Components and subject to the Company’s procurement price from the relevant supplier having remained unchanged as at date of quotation.
In the event that the Company’s supplier does not have availability of the quoted goods/components or the procurement price having been adjusted upwards by the relevant supplier, even after acceptance of the quote by the Client, the initial quote shall become invalid and a new or amended quote shall be issued by the Company making provision for the required price adjustment of having to procure the quoted Goods/Components from a new supplier or at a new rate from the relevant supplier.
A Quotation is based on:
- the information made available by the Client;
conditions visible or reasonably inferable at the time of inspection;
current pricing, material availability and supplier charges; and
the assumption that no hidden defects, concealed damage or unforeseen site complications exist.
No binding agreement shall arise until the Client accepts the Quotation or instructs the Company to commence the Services, which instruction shall amount to acceptance of the Quotation.
Call-out charges, inspection fees, fault-finding fees and assessment charges may apply even if:
- no repair is ultimately performed;
the Client declines the recommended work; or
the issue is caused by pre-existing defects, third-party work or product failure.
Any variation to the original scope, including additional labour, materials, travel, equipment, access arrangements, compliance work, replacement parts or remedial work arising from hidden conditions or conditions which could not have been foreseen by the Company at the date of issuing the quote, shall be separately quoted for in addition to the initial quote and charged at the Company’s applicable rates.
Any quotation in relation to existing DB Boards or electrical/solar systems shall be regarded as an estimate only and remains subject to change provided that the Company can reasonably show that such variation became necessary for completion of the work.
The Client shall be liable for the cost of all variations to quotes as provided for in this clause 4 (including the sub clauses), provided that the Company can reasonably show that such variation was requested or became necessary for completion of the work.
5. Products, Materials, Delivery, Risk and Ownership
The Company may supply Goods as part of the Services.
All Goods are subject to availability from suppliers.
Any delivery or installation date is an estimate only and is subject to supplier lead times, stock availability, transport arrangements, access to the Site and other operational factors.
Risk in the Goods shall pass to the Client upon delivery to the Site or installation at the Site, whichever occurs first.
Ownership in all Goods supplied by the Company shall remain vested in the Company until the Company has received payment in full of all amounts due in respect of such Goods and related Services.
Until ownership passes:
- the Client shall keep the Goods in good condition;
the Client shall not sell, dispose of, encumber or part with possession of the Goods, insofar as they are capable of separate identification;
the Company may, subject to applicable law, recover or repossess unpaid Goods.
The Company may at its discretion substitute equivalent products or materials where the originally quoted product is unavailable, provided such substitution is commercially reasonable and fit for the intended purpose.
6. Access, Site Conditions and Client Obligations
The Client shall provide the Company with safe, reasonable and unobstructed access to the Site during normal working hours or such other agreed times as may be arranged.
The Client shall ensure that the Site is reasonably safe for the Company’s personnel, agents and subcontractors.
The Client shall disclose to the Company before commencement of the Services:
- any known defects, hazards or non-compliance at the Site;
any prior repairs, installations or modifications by third parties relevant to the Services;
any structural, electrical, roofing, waterproofing or site-related concerns which may affect the work; and
any special access, security or operational requirements.
The Client shall, at its own cost where applicable, provide access to electricity, water, ablution facilities and any other reasonably necessary utilities and facilities for performance of the Services.
The Client shall ensure that:
- children, pets, occupants and movable items are kept clear of the work area;
all valuables, furniture, finishes and sensitive equipment are protected or removed where necessary;
any required permissions from landlords, body corporates, managing agents or other third parties have been obtained before work commences.
The Company shall not be liable for delays, increased costs, inability to complete the Services or damage arising from the Client’s failure to comply with this clause.
The Client shall follow all operating, care, maintenance and servicing instructions provided by the Company or by the manufacturer or supplier in respect of any Goods installed or supplied.
7. Pricing, Deposits, Invoicing and Payment
Unless otherwise stated, all prices are quoted in South African Rand (ZAR).
Prices exclude VAT unless expressly stated otherwise.
The Company may require a deposit before commencement of the Services or procurement of Goods.
Where a fixed-price Quotation has been accepted a non-refundable deposit will be payable by the Client, the amount of which deposit will be reflected on the quote to be accepted by the Client.
The balance of the contract price shall be payable by the date or stage as agreed upon in writing by the parties, whether on the quotation or otherwise.
For ongoing maintenance arrangements, invoices may be rendered monthly and shall be payable on the 1st day of each month, unless otherwise agreed in writing.
The Company may issue invoices for:
- deposits;
progress payments;
completed work;
delivered Goods;
approved variations;
call-outs, inspections and fault finding; and
wasted trips or return visits caused by the Client.
Unless otherwise agreed in writing, all invoices are payable immediately upon presentation or on the due date stated on the invoice.
Payment shall be made by EFT or cash, unless the Company agrees otherwise in writing.
The Client shall not withhold, defer, set off or make deductions from any amount due to the Company unless required by law or agreed by the Company in writing.
In the event of late payment:
- a late fee of R1 500.00 plus VAT may be levied;
interest shall accrue on the overdue amount at 24% per annum, calculated daily and compounded monthly, from due date to date of payment in full; and
the Client shall be liable for all reasonable legal costs and collection charges incurred by the Company in recovering the debt.
The Company may suspend further Services, withhold delivery, refuse to issue certificates, or decline to attend to defects while any amount remains outstanding.
A payment certificate, proof of transfer or remittance advice does not constitute payment until cleared funds reflect in the Company’s bank account.
8. Time for Performance, Delays and Force Majeure
Any commencement date, installation date, milestone date or Completion date given by the Company is an estimate only unless expressly stated to be fixed in writing.
The Company shall use reasonable efforts to perform the Services within the estimated time, but shall not be liable for delays caused by:
- adverse weather;
supplier shortages or delivery delays;
- hidden defects or unforeseen site conditions;
unsafe working conditions;
lack of access to the Site;
changes in scope requested by the Client;
acts or omissions of the Client or third parties; or
any event beyond the Company’s reasonable control.
If the Services are delayed or interrupted for reasons beyond the Company’s reasonable control, the Company shall be entitled to:
- a reasonable extension of time;
recovery of reasonable additional costs incurred; and
rescheduling of labour, delivery and installation dates.
Force majeure includes any event beyond the Company’s reasonable control, including natural disaster, fire, flood, strike, civil disturbance, supplier failure, transport disruption, state action, utility outage or any similar event.
9. Electrical and Solar-Specific Provisions
Electrical work shall be performed by or under the supervision of appropriately qualified persons, as applicable to the nature of the work undertaken.
Solar services may include the supply and installation of solar panels and related components only to the extent reflected in the accepted Quotation.
Any certificate, compliance document or sign-off issued by the Company shall be limited strictly to the work actually performed by the Company and shall not constitute certification of:
- the entire existing installation;
prior work performed by any other contractor;
hidden defects outside the inspected or worked-on area; or
unrelated systems or components not supplied or installed by the Company.
The Client acknowledges that the Company may identify pre-existing defects, unsafe conditions, non-compliance or defective prior workmanship during the course of the Services. Any remedial work required in relation thereto shall fall outside the original scope unless expressly included.
The Company shall not be obliged to energise, connect, recommission, continue to render its services or certify any system that is based on the opinion of the Company regarded as unsafe, defective, non-compliant or adversely affected by prior contractors’ work, existing site conditions, electricity supplied from the connected source (i.e. Eskom) or by components/goods procured and/or supplied by the Client.
Should the Company be obligated in terms of any applicable law to disconnect a current connected supply of electricity or refuse to energise or connect any system on the grounds as provided for in clause 9.5, the Company shall not be held responsible for any damage, loss or expense arising from such disconnection or refusal to energise or connect and the Client expressly indemnifies the Company from any such damage, loss or expense arising therefrom.
In the event that the Company refuses to energise, connect, recommission or certify any system on the grounds as provided for in clause 9.5, or in the event that the Company is obligated by law to disconnect a current connected supply of electricity, the Client remains liable to the Company for payment of services rendered by the Company up to date of such refusal or disconnection.
10. Supplier Warranties
Any Supplier Warranty applicable to a product supplied by the Company shall apply only to that specific product to which the supplier’s warranty relates.
A Supplier Warranty does not:
1. apply to any other product purchased, owned or used by the Client;
extend to any third-party product, component, accessory or installation not supplied by the Company;
constitute a warranty by the Company beyond the scope expressly given by the relevant supplier or manufacturer; or
cover defects caused by improper installation by others, misuse, neglect, power surges, environmental damage, inadequate maintenance, tampering or unauthorised modifications.
The Company gives no independent warranty in substitution for a Supplier Warranty unless expressly stated in writing.
Where a product is covered by a Supplier Warranty, the Client shall:
1. comply with all supplier or manufacturer requirements;
retain manuals, serial numbers and proof of purchase where applicable; and
permit the Company or supplier reasonable access for inspection and processing of any claim.
The Company may assist the Client with submission of a Supplier Warranty claim, but the approval, scope, remedy and turnaround time of any such claim shall remain subject to the supplier’s or manufacturer’s own processes and decision.
The Company shall not be liable for any supplier’s refusal, delay, partial approval or repudiation of a Supplier Warranty claim.
In the event that the Company assisted the Client with the submission of a Supplier Warranty claim and such claim is rejected as a result of the Client’s negligence in handling/maintaining the item to which such claim relates, or as a result of the Client having breached any of the Supplier Warranty conditions, the Client shall be liable towards the Company for any costs or loss the Company incurred as a result of such claim submission, including but not limited to labour, time and travelling expenses calculated at the Company’s standard rates.
Should the Client procure and provide the Goods/Components to be used and installed, the Company shall not be required to assist the Client in the submission of any Supplier Warrant claim.
11. Workmanship Guarantee
Subject to this clause and all other provisions of these Terms, the Company provides a limited Workmanship Guarantee in respect of defects arising solely from the Company’s own workmanship and Services for a period of 3 (three) months from Completion, unless a different period is expressly stated in writing.
The Workmanship Guarantee is limited strictly to:
1. the work physically performed by the Company; and
1. defects directly and solely caused by the Company’s faulty workmanship.
The Company’s guarantee to the Client is only on the work and services rendered by the Company and does not extend to:
1. products not installed or supplied by the Company;
defects in products themselves, save to the extent covered by any applicable Supplier Warranty;
pre-existing defects, hidden defects or unrelated failures within the Client’s property or systems; or
work performed by previous or other service providers.
If a valid claim arises under the Workmanship Guarantee, the Company’s sole obligation shall be, at its election, to:
1. inspect the alleged defect;
repair the defective workmanship; or
re-perform the affected portion of the Services.
The Workmanship Guarantee is personal to the Client named in the Quotation or invoice and is not transferable without the Company’s written consent.
12. Exclusions from Warranty, Guarantee and Liability
The Company shall not be responsible for any damage, loss, defect, failure, non-performance or expense arising from:
1. defective, incomplete, unsafe or non-compliant work by any previous service provider or any other third party;
hidden, latent or pre-existing defects at the Site or in existing systems, structures, wiring, roofs, fittings, finishes, plumbing or related infrastructure;
wear and tear, corrosion, rust, weather exposure, storm damage, vermin, acts of God or environmental conditions;
misuse, abuse, neglect, accidental damage, vandalism or improper use;
unauthorised repairs, adjustments, tampering, additions or modifications by the Client or any third party after Completion;
load fluctuations, surges, power interruptions, grid irregularities or utility-related events;
failure by the Client to follow proper maintenance procedures, care instructions, servicing requirements or usage guidelines;
1. ordinary maintenance, consumables or routine servicing;
failure of any supplier, manufacturer or third-party product;
site conditions not disclosed to the Company prior to or during performance of the Services.
The Client expressly acknowledges and agrees that the Company shall not be liable for any damage or loss arising as a result of a previous service provider’s defective work.
Any guarantee on Services or Workmanship rendered by the Company is expressly subject to the Client having applied proper maintenance procedures to the relevant products, equipment, installations and work areas. If proper maintenance procedures are not applied, the guarantee shall be void.
The Company shall have no liability for damage to ceilings, walls, tiles, roofing, paintwork, paving, finishes or concealed services where such damage is reasonably incidental to accessing, testing, fault-finding, removing or installing components, provided the Company acted reasonably in the circumstances.
13. Defects Notification and Remedial Procedure
The Client shall inspect the Services and any supplied Goods upon Completion or as soon as reasonably possible thereafter.
Any complaint, defect or dispute relating to the Services, Goods, invoice or Completion must be reported to the Company in writing within 7 (seven) days of:
1. Completion;
delivery of the relevant Goods; or
date of the invoice or event giving rise to the complaint,
whichever occurs first.
The Client shall provide reasonable detail and, where possible, photographs or other supporting information when reporting a defect.
The Client shall not appoint a third party to investigate, alter, dismantle, repair or replace the allegedly defective work before giving the Company a reasonable opportunity to inspect and, if applicable, remedy the defect.
Failure to notify the Company within the period stated above, or interference by a third party before inspection by the Company, may invalidate any claim under the Workmanship Guarantee.
If the Company determines, acting reasonably, that the reported issue:
1. falls within the Workmanship Guarantee, the Company shall attend to the issue within a reasonable period; or
falls outside the Workmanship Guarantee, the Company may provide a quotation for remedial work at the Client’s cost.
14. Limitation of Liability and Indemnity
To the fullest extent permitted by law, the total aggregate liability of the Company arising out of or in connection with any Services, Goods, Quotation, installation, repair, delay, omission or breach shall be limited to the amount actually paid by the Client to the Company for the specific Services or Goods giving rise to the claim.
To the fullest extent permitted by law, the Company shall not be liable for any:
1. indirect loss;
consequential loss;
special damages;
loss of profit;
loss of production;
loss of business opportunity;
loss of savings;
loss of use; or
pure economic loss.
The Client indemnifies and holds the Company harmless against claims, losses, liabilities, damages, costs and expenses arising from:
1. unsafe or defective site conditions;
inaccurate, incomplete or misleading information supplied by the Client;
the Client’s failure to maintain products or installations properly;
the acts or omissions of the Client, occupants, employees, contractors or agents;
prior or concurrent work by third parties; and
the Client’s continued use of any unsafe or defective system after being advised of the relevant risk.
Nothing in these Terms excludes or limits any liability that may not lawfully be excluded or limited under applicable law.
15. Suspension, Cancellation and Termination
The Company may suspend performance of the Services immediately if:
1. the Client fails to make payment when due;
the Site is unsafe;
access to the Site is denied or materially obstructed;
the Client commits a material breach of these Terms; or
the Company reasonably believes that continuing the work may cause damage, non-compliance or danger.
The Company may terminate the agreement on written notice if:
1. the Client remains in breach after being called upon to remedy such breach, where remedy is possible;
the Client repudiates the agreement;
the Client becomes insolvent, is placed under business rescue or liquidation, or commits an act of insolvency; or
continued performance becomes unlawful or impossible.
The Client may cancel the Services by written notice, but the Client shall remain liable for:
1. all Services rendered up to the date of cancellation;
all Goods ordered, procured, delivered or manufactured for the project;
all call-out, inspection, administration, supplier cancellation and restocking charges;
all wasted costs and demobilisation costs reasonably incurred by the Company.
Any deposit stated to be non-refundable shall remain non-refundable to the extent permitted by law and subject to reasonable charges for work done, commitments incurred and losses sustained by the Company.
On termination or cancellation, all amounts then due to the Company shall become immediately due and payable.
16. Protection of Personal Information
Both parties shall comply with their obligations under the Protection of Personal Information Act 4 of 2013 regarding the processing, storage, and transmission of personal information.
The Client consents to the Company processing personal information reasonably necessary for:
1. preparing quotations;
performing the Services;
arranging access, delivery and installation;
invoicing and debt recovery;
administering warranties and guarantees; and
complying with legal and regulatory obligations.
The Company may share relevant personal information with employees, subcontractors, suppliers, manufacturers, professional advisers and service providers only to the extent reasonably necessary for the purposes set out above.
17. General Provisions
These Terms, together with any accepted Quotation, job card, work order, invoice and written variation, constitute the entire agreement between the parties in respect of the subject matter hereof.
No amendment, variation, consensual cancellation or waiver of any provision shall be of any force unless reduced to writing.
No indulgence, leniency or extension of time granted by the Company shall constitute a waiver of any of its rights.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severable and the remaining provisions shall continue in full force and effect.
Any notice required or permitted under these Terms shall be in writing and may be given by hand, email or other written electronic communication to the most recent address or contact details provided by the relevant party.
The Client may not cede, assign, delegate or transfer any rights or obligations arising from the agreement without the Company’s prior written consent.
The Company may amend these Terms from time to time by written notice, provided that no amendment shall affect any accepted Quotation already in force unless agreed or lawfully applicable.
18. Acceptance
By signing a quotation, acceptance form, work order or job card, by making payment, or by instructing the Company to commence the Services, the Client acknowledges that:
1. the Client has read and understood these Terms;
the Client accepts that the Company’s guarantee is limited to its own workmanship and Services only;
the Client accepts that any supplier warranty is limited to the specific product to which it relates only;
the Client accepts that the Company shall not be responsible for any damage or loss caused by previous service providers’ defective work or pre-existing defects;
the Client accepts that any guarantee is subject to proper use and maintenance, failing which such guarantee shall be void; and
the Client agrees to be bound by these Terms.
These Terms shall come into effect on the date of the Client’s acceptance of a Quotation or instruction to proceed, whichever occurs first.ion of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severable and the remaining provisions shall continue in full force and effect.

Any notice required or permitted under these Terms shall be in writing and may be given by hand, email or other written electronic communication to the most recent address or contact details provided by the relevant party.

The Client may not cede, assign, delegate or transfer any rights or obligations arising from the agreement without the Company’s prior written consent.

The Company may amend these Terms from time to time by written notice, provided that no amendment shall affect any accepted Quotation already in force unless agreed or lawfully applicable.

18. Acceptance

By signing a quotation, acceptance form, work order or job card, by making payment, or by instructing the Company to commence the Services, the Client acknowledges that:
1. the Client has read and understood these Terms;

the Client accepts that the Company’s guarantee is limited to its own workmanship and Services only;

the Client accepts that any supplier warranty is limited to the specific product to which it relates only;

the Client accepts that the Company shall not be responsible for any damage or loss caused by previous service providers’ defective work or pre-existing defects;

the Client accepts that any guarantee is subject to proper use and maintenance, failing which such guarantee shall be void; and

the Client agrees to be bound by these Terms.

These Terms shall come into effect on the date of the Client’s acceptance of a Quotation or instruction to proceed, whichever occurs first.

Terms & Conditions