WARRANTY OF MATERIALS AND WORKMANSHIP
1. Definitions
- In these conditions the words shall have the meanings assigned to them hereunder:
“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.
- Headings and clauses shall be deemed to have been included for purposes of convenience only and shall not affect the interpretation of the agreement.
- Unless inconsistent with the context of the words relating to any gender shall include, the other gender, words relating to the singular shall include the plural and vice versa, and words relating to natural persons shall include associations of persons having corporate status of common law.
2. Application of Conditions
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.
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. 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.
5. Alteration or Waiver of Conditions
5.1 No employee of the contractor, other than a director thereof, has the contractor’s authority to alter or vary these conditions.
5.2 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.
6. Contractor Workmanship and Warranty Statement
6.1 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.
6.2 The Contractor further warrants that all workmanship shall be of the highest quality and in accordance with realistic expectations from both client and contractor and shall be performed by persons qualified to do so.
6.3 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.
6.4 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)
6.5 The warranty is applicable once final payment has been made at time of job completion, valid for a duration of 12 (twelve) months.
7. Breach
7.1 If it any point during the course of the warranty period, the client feels it necessary to appoint another contractor and/or remedy the problem themselves, to either finish the project or correct mistakes to client’s satisfaction, the warranty will expire with immediate effect.
7.2 If it any point during the course of the warranty period, the client appoints another contractor to ament, enhance or change any of the work completed by the contractor in this warranty, the warranty will expire with immediate effect.
7.3 If at any point during the last 12 (twelve) months, there is any damage due to water (including sewage back up), earth movement, flood, nuclear incidents, acts of terrorism, acts of a strike pollution or mold due to damp issues, the warranty will expire with immediate effect.
7.4 If at any point during the project the client does not follow the instructions and/or guidelines of the contractor, when the client is responsible for providing the goods, for the purchasing of the good(s), and substandard goods are used, incorrect product(s) for the scope of work or an insufficient amount is provided, the warranty will not be valid with immediate effect.
8. Miscellaneous
8.1 The client must submit, in writing, if there is a suspicion of defects on any of the work and/or goods completed and/or provided by the contractor.
8.2 The contractor has 10 (ten) working days to respond to the complaint in writing with an evaluation document.
8.3 If, after the evaluation document was sent, it is found that the work and/or goods completed and/or provided by the contractor is faulty, the contractor has 20 (twenty) working days to ament or correct the work and/or goods in accordance with the Terms and Conditions at Terms & Conditions – WLF Projects SA PTY (LTD) and the original quotation parameters. If the contractor does not abide to this timeline, the client can take the necessary precautions.