1. Definitions
“the goods” ALL material and services sold/provided by the contractor.
“the contractor” WLF Projects and all contracted to work for them.
“the client” the person, partnership firm, association, closed corporation, of company rendering any service from the contractor.
“the parties” the contractor and the client collectively.
“quotation” a written estimate amount of the project as requested by die client, as per the date on the quotation, and is valid for 14 (four teen) days as per date on quotation. This is not the final amount payable.
“final invoice” a written final amount payable to the contractor. This is the final amount and may vary from original quotation.
“the project” any and all work to be done on the premises of the client, mentioned in the quotation and/or any added work during the project.
“in writing” email send to or from client to contractor, or contractor to client.
2. Application of Conditions
2.1 All and any business undertaken by the client is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the client and contractor.
2.2 Any payments made to WLF Projects SA PTY LTD, confirm T’s and C’s are accepted as set out below.
3. Reservation of Ownership
The parties agree that this contract is subject to the express condition that ownership in goods shall remain vested in the contractor until such as the final invoice is paid in full, whereupon ownership shall then pass to the client.
4. Deposit’s and Final Invoice’s
4.1 The project will commence on:
4.1.1 Receipt of 70% deposit payment, of the quotation total, as indicated on quotation, and availability of material.
4.1.2 Receipt of any Proforma amount, of the quotation total, as indicated on quotation, and availability of material.
4.2 Deposit amount is non-refundable as soon as the project has commenced.
4.3 The project will be considered to have commenced once any material has been purchased or ordered for the project.
4.4 Proof of Payment of the deposit amount must be e-mailed and/or SMS’d to the contractor once deposit has been made, using Quotation number + Surname of the client as reference.
4.5 Once a % (percentage) of the project is completed, especially where Proforma amounts are paid, follow-up Invoices for payment will be send for the continuation of the project. Failure by the client to pay the contractor as per the agreement will result in the contractor not returning to the work site. Only one payment has been made will the project continue.
4.6 The final invoice will be send and must be paid by the client to the contractor within 7 (seven) days, as per date on final invoice.
4.7 Failure by the client to pay the contractor as per the agreement will result in the contractor handing over the client to a collection agency, where interest might be charged on top of the final invoice amount, which the client will also be liable for.
4.8 On receipt of the final invoice, if there are items on the invoice that the client is still to satisfied with, these should be brought to the contractors attention, in writing, within 2 (two) days, in order for the contractor to attend to the items in a timely fashion and to not lose revenue. If this is not done by die client, the client is still liable for the full invoice amount and an additional call-out fee will be charged to the client for any work requested by die client related to invoice items.Only once final Invoice amount has been paid in full, will the contractor return to finish 1 (one) “snag list” provided by die client in writing as stated above.
5. Breach
Should the client breach any of these Terms and Conditions, the contractor shall in its election and without prejudice to any rights which the contractor may in law have the right to:
5.1 Cancel the contract with 1 (one) day’s prior notice to the client;
5.2 Remove and repossess all the goods and recover the damages which the contractor may have suffered consequent upon such cancellation;
5.3 Abide by the contract and claim from the client payment of the final invoice, then outstanding amount which shall immediately become due and payable.
6. Limitation of Liability
Save as set out in the Consumer Protection Act (No. 68 0f 2008), as amended, neither the contractor nor any of its employees, sub-contractors or agents shall be liable for any loss or damage, whether direct or indirect consequential, or otherwise suffered by the client arising from any cause in connection with the supply of the goods.
7. Alteration or Waiver of Conditions
7.1 No employee of the contractor, other than a director thereof, has the contractor’s authority to alter or vary these conditions.
7.2 No agreement varying, adding to, deleting from or canceling any of these conditions and no waiver of any rights under these conditions shall be effective unless reduced to writing and signed by both parties. No representations other than those included in this contract shall be of any force or effect unless reduced to writing and signed by both parties.
7.3 Once the project has started by the contractor such project cannot be varied or cancelled in any manner whatsoever, other than in writing and with prior notice to the contractor.
7.4 Once the client has given in writing the cancellation of the goods, the client must then abide by Terms and Conditions and accept the final invoice, then outstanding amount which shall immediately become due and payable to cover the damages which the contractor may have suffered consequent upon such cancellation.
8. Miscellaneous
8.1 The proposed start and end date of a project shall not constitute a material term of this contract and any failure by the contractor to adhere to such date shall not entitle the client to cancel this contract nor relieve him from his obligation hereunder.
8.2 The client shall be obliged to notify the contractor in writing within 7 (seven) days of receipt of the products/material used, of any defects or any other fault relating to the goods and in the absence of such timeous written notification to the contractor be deemed to have been have acknowledged that the goods were received in good order and condition and to the client’s satisfaction.
8.3 The client’s liability in respect of any article or goods delivered which is proved to be defective shall be limited to either replacing such specific item/service, or at the client’s election.
8.4 In the event of any amount payable by the client not being paid in full on or before the due date then the total amount owing in terms of this contact shall immediately become due and payable. The contractor shall be entitled to charge interest in respect of any overdue amounts at the maximum rate permissible from time to time as set forth in the National Credit Act (No. 34 of 2005), as amended, or any other applicable legislation.
8.5 The quotation price is payable to the contractor in South African currency at the contractor’s premises and any bank charges or variation in the rate of exchange shall be borne by the client. Unless otherwise stated in writing by the contactor, payment shall be made on delivery of the articles/goods supplied.
8.6 In the event of the contactor deciding to institute legal action for the enforcement of any of its rights against the client, it shall be entitled to do so in the Magistrate’s Court which would, but for the amount of the claim, have jurisdiction.
8.7 The client shall pay all legal costs incurred by the contactor on an attorney own client scale in taking any legal action against the client for the enforcement of any of its rights.
8.8 The contractor cannot be held liable for factory faults on goods used for the project. If a factory fault is noted, the contractor will take responsibly to take the goods back to the relevant retailer, where item was purchased and abide to the returns policy of the retailer for an exchange. If no exchange can be made, whether it is out of warrantee/guarantee or there was tampering with the item, the client will be responsible for the purchase of a new item at additional costs.
8.9 The client hereby chooses domicilium citandi et executandi for all purposes incidental to or arising out of this contract, including the service of summons, at the address of the client given on the quotation and/or final invoice.
8.10 If it any point during the course of the project, or within the 7 day period after the final invoice has been send, the client feels it necessary to appoint another contractor to either finish the project or correct mistakes to client satisfaction, the client is still liable to pay the contractor the full outstanding invoice of all work as per quotation and any additional work added during the course of the project, not stipulated in quotation irrespective.
8.11 Only work and goods quoted for as per quotation will be done, and nothing else without compensation.
8.12 Unless otherwise stipulated, no rubble removal is included in the quotation and all building rubble, these includes, but not limited to tiles, harden cement, bricks, plaster, stone and off cuts of all sort, is the responsibility of the client. Only basic rubble is the responsibility of the contractor to remove, this includes but not limited to, plastic wrapping of items, drop sheet, cement bags, tiles adhesive bags, boxes and polystyrene.
8.13 If the client buys any goods or material not stipulated to purchase as per quotation, the invoice and/or cost of those goods or material is still for the client’s own responsibility. The amount of such goods or material will also not be deducted from final invoice amount, unless otherwise arranged in writing between contractor and client.
8.14 The contractor reserves its right as a corporation, registered in South Africa, against any defamatory statements made publicly by the client. The client has the right to “fair comment”, but no public comment made with or without the intention to have a negative impact on the reputation or good name of the contractor, and its employees, will be tolerated.
9.Contractor Workmanship and Warranty Statement
9.1 Unless otherwise specifically provided in this statement, all goods; material, and accessories incorporated in the work are to be new and in first class condition.
9.2 The Contractor further warrants that all workmanship shall be of the highest quality and in accordance with the client’s expectation and shall be performed by persons qualified to do so.
9.3 Work not conforming to this warranty shall be considered not covered. Only work completed with goods and material used by the contractor and any of its employees, sub-contractors or agents are included.
9.4 This warranty of materials and workmanship is separate and independent from and in addition to any of the Contractor’s Terms and Conditions at Terms & Conditions – WLF Projects SA PTY (LTD)
9.5 Contractor shall provide the warranty at time of job completion, valid for a duration of 12 (twelve) months.
9.6 For the full Terms and Conditions of this Workmanship and Warranty please visit Workmanship and Warranty – WLF Projects SA PTY (LTD)
10. Protection of Personal Information
10.1 The contractor shall take all reasonable measures to protect the personal information of clients and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).
10.2 The PAIA and POPI Acts are available online at www.gov.za/documents/acts.
10.3 As per the POPI Act personal information refers to information that identifies or relates specifically to you as a person or data subject, for example; your name, age, gender, identity number and your email address.
10.4 The client voluntarily authorizes the contractor to process their personal information (including name, physical address, telephone number(s) & any other information the client has provided to the contractor.
10.5 Processing shall include the collection, receipt, recording, organization, collation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
10.6 The contractor’s obligations when it comes to taking, posting and using photos of work performed:
10.6.1 Every person has the right to privacy which includes a right to protection against the unlawful collection, retention, dissemination and use of personal information (Constitution – Section 14, POPI Act).
10.6.2 The contractor will:
a) Only collect information and images that they need for a specific purpose (mostly social media and advertising).
b) Ensure data is relevant, accurate and up to date.
c) They only hold information/data as much as they need, and only for as long as they need it.
d) Allow the subject of the information, the client, to see it upon request.
e) Ensure that there is no identifying personal information accompanying the images such as the client’s name, location or contact details. Including, but not limited to uniforms or banners of an organization that may give information about the client’s whereabouts, street name or number and vehicle license plates.
- 11. VAT Inclusive Pricing
- 11.1 All prices quoted are inclusive of 15% South African Value-Added Tax (VAT), unless explicitly stated otherwise.
- 11.2 WLF Projects SA (PTY) LTD is a VAT-registered entity in accordance with South African tax legislation. Our VAT Registration Number is: 4500321551.
- 11.3 Quotations are valid for 14 days from the date of issue. Prices are subject to change should the VAT rate be amended by the South African Revenue Service (SARS) within this period.
- 11.4 A valid tax invoice will be issued upon acceptance of the quotation and will reflect the VAT amount separately, in compliance with SARS requirements.
- 11.5 It is the customer’s responsibility to ensure that they understand the VAT-inclusive nature of the quotation before acceptance.