Terms and conditions
All quotations will remain valid for a period of fourteen (14) days from the date of the quotation, or until the date of issues of any new price list, whichever occurs first, or unless specified in writing by Handyman. Delivery and performance times quoted are estimates and are not binding on Handyman. All quotations are subject to the availability of input goods or services
and subject to correction of good faith errors by Handyman, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to Handyman before acceptance of the order. PROVISION OF MATERIALS AND EQUIPMENT
Unless the contrary is specified on the face hereof, Handyman shall provide all materials and equipment necessary for the proper execution of the work. All materials shall be of the kind and quality as described on the face hereof, alternatively in terms of the architect’s specifications, if applicable and Handyman shall upon the request of the Customer furnish him with vouchers to prove that the materials are of such standard. The Handyman reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable. All guarantees, including common law guarantees, are hereby specifically excluded. If the Customer supplies any materials, or equipment, and or, accessories to be utilized in the work, Handyman shall not be responsible for any defects thereto, nor the quality thereof, it being agreed that Handyman shall accept such materials, and accessories, in the condition in which it is delivered to be utilized in the execution of the work. Extra costs incurred through the use of defective materials or equipment supplied shall be for the Customer’s account. All fixed and unfixed materials purchased by Handyman shall be deemed to be under the control of Handyman and subject to his lien for payment of any amounts which may become owing in terms of the Agreement. It is recorded that any materials which have been purchased by Handyman and affixed to the property shall remain the property of Handyman until payment in full has been effected by the Customer. Once payment in terms of the agreement has been effected in full, all materials which have been fixed to the property shall become the sole and exclusive property of the Customer and all unfixed materials shall be removed from the property, the unfixed materials being deemed to be property of Handyman. During the execution of the work, the Customer shall take reasonable steps to protect all material on his property from the risk of loss, theft or damage thereto, in Handyman absence. In the event of loss, or theft the Customer agrees to replace such material, at his expense Handyman shall, during his presence on the property, be responsible for all materials on the property and shall exercise the same caution to protect the Customer’s interests in the material from the risk of loss, theft or damage. It is recorded that the Customer shall not be entitled to insist on detailed costings in respect of all materials, it being recorded that the work is performed in terms of a fixed cost, as specified on the face hereof, and that the costs of the materials have been factored into such price irrespective of the costs thereof to Handyman. On the date of practical completion, the Handyman shall inform the Customer for the work completed on the property. The Customer shall be obliged to accept the work and the final invoice from the Company, subject to the Customer’s rights to insist on the repair of any defects that may manifest itself as set out in this agreement. TIME TO COMPLETE WORK
The Handyman shall commence the execution of the work on a date mutually suitable to the parties, and if such date is specified on the face hereof, then on such date as specified. The work shall be completed within a reasonable period from the date of commencement; it being recorded that the Customer shall have no right in respect of any penalties if the work is not completed within a specified period of time
SUSPENSION OF WORK
The Handyman shall be entitled to suspend performance of the work in terms of this agreement in the event of:
A breach by the Customer to include, but not be limited to:
Non-payment of any interim invoice, or amounts on the date on which it may be owing in terms of this agreement. The failure by the Customer to supply any material in terms of its obligations that may be reasonably required for the performance of the work by Handyman. The Customer not granting Handyman access to the work, or any part thereof. The Customer not making available any electricity, or water which may be required for purposes of the execution of the work. Where the Customer fails to remedy its obligations to enable the Handyman to proceed with the work. In the event of Handyman having to suspend performance of the work in terms of this agreement Handyman shall be entitled to immediately: –
Cancel this agreement and retain all amounts paid. Insist on payment of the balance of the contract price as stipulated on the face hereof. Remove all unfixed materials from the premises without any compensation to the Customer. Remove any machinery and equipment from the premises. Exercise his lien in respect of payment for all amounts that may be due and owing in terms of the agreement and without prejudice to any of the above, or other rights Handyman may have in Law, to lock the Customer out until such payment has been effected. CLAIMS
Any defects to the work shall be communicated to the Handyman within seven (7) days from the date of practical completion. The Handyman shall be afforded an opportunity to within fourteen (14) days from receipt of such claim to inspect the defects and/or workmanship which does not meet with the Customer’s approval.
