Terms and Conditions

Conditions of Contract

FANG Fences & Guards  (Pty) Ltd is hereinafter referred to as the contractor, and the party who has signed the acceptance, or whose representative or agent has signed the acceptance, is referred to as the client.

In the event that certain raw materials are found to be unavailable, the contractor may substitute with similar materials.

The suspensive condition applies to this transaction and goods remain the contractor’s property until fully paid for. The client shall assume all risk in any goods immediately they are brought on to the site.

When the contractor becomes sub-contractors to the client and in consequence has liabilities described in the conditions of the main contract that may be or become applicable to the contract between the contractor and the client, the client shall have the duty and obligation to inform the contractor in writing at the time of the enquiry for this tender.  Particular reference is made to the possible existence of penalty clauses.  No claims for late delivery or completion will be entertained if the contractor has not been made aware, as indicated above, of the existence of such clauses.

Force Majeure : the contractor is not responsible for any loss or damage which may result from Force Majeure, earthquakes, floods, storms, war, civil commotion, riot, legislative or administrative restrictions or control, strikes, lock outs, fire, suspension of public transport facilities, accidents, or the breakdown or failure of machinery or from any other similar contingencies which could not have been foreseen or avoided by them and which may effect the production, transportation, loading, forwarding or delivery of the goods and services and in the event of any such occurrence, the contractor shall be entitled to make delivery and render the services concerned as soon as reasonably possible after their cessation.

The contractor reserves the right to cancel this contract if for any reason the goods/services have not been delivered/installed within 6 months of date of quotation, except where contractor is client’s sub-contractor. If the client wishes to cancel any contract entered into with the contractor, and contractor agreeable to cancellation, the contractor shall nonetheless be entitled to payments for any goods or services whatsoever provided to the client, and in addition to an amount not exceeding 10 (ten) percent of the total contract price as and by way of a genuine pre-estimate of liquidated damages, which amount of damages the customer agrees to pay on demand.

No representations, inducements of warranties of any nature whatsoever other than such as are stipulated in this document have been made of included in the contract, and no terms of conditions in this document shall be varied in any way unless in writing and signed both by the client and by the contractor or their authorised agents.

Payment shall be cash on completion unless other arrangements are specifically made and stated on the reverse hereof.  In the event of work being held up, or on contracts which run for periods over one month, the contractor shall be entitled to part payment at monthly periods for work completed.  All costs incurred by the contractor in respect of collection of moneys not paid on due date shall be payable by the client.  In the event of moneys not paid on due date the client agrees that normal current bank overdraft rates plus 3% will be charged.

The client undertakes to have the site of operations cleared of all rubble, rocks, old fences, or any obstructions whatsoever, and any work which the contractor may execute in this regard in the course of installation shall be extra over the tendered price unless specifically stated on the contract overleaf.

Tenders are based on the assumption that the ground is composed of normal pickable soil to the full depth to be excavated for postholes.  In the event of excavations of any posthole disclosing the presence of rocks, roots or any other obstruction in  the ground aforementioned, the contractor shall be entitled ipso facto to increase the contract price by such an amount as will compensate for any loss sustained and/or delay occasioned as a result of any such obstruction.

If, during the course of work, it should be necessary for the contractor to move or disturb any surface drains, rockeries, pipes or any incidental structure or installation, or to disturb or excavate in any applied surfacing, the reinstatement of such structures, installations or surfaces shall be the duty of the customer, unless specific arrangement have been made and stated on the reverse hereof.  The contractor accepts no responsibility for damage to any buried services unless the precise locations thereof have been pointed out to him immediately prior to commencement of work on site.

The client is solely responsible for ensuring correct locations of any installations.

The customer shall be solely responsible for ensuring that the specification complies with any relevant conditions of title, laws, by-laws or regulations, and no warranty is made by the contractor in this regard.

The contractor will not entertain any complaints as to materials or workmanship unless these are made in writing within 14 days of issue of the contractor’s invoice, either on the reply-paid card provided or on the client’s own stationary.

While every effort will be made in the course of erection of fences to situate them in such a way that the bottom of the fence conforms as closely as topographical circumstances permit to the natural surface level of the ground, the contractor cannot make any warranty or accept responsibility either for the gaps below the fence fabric or for instances where fabric is below said level, as topographic variations may render these circumstances unavoidable.

The client chooses domicilium citandi executandi for all purposes hereunder at the address appearing on the reverse hereof beneath his name.

Should any dispute or difference arise, within twenty-one (21) days of either party notifying the other of the existence of a dispute, this dispute shall within seven (7) days thereafter be submitted to arbitration before a single arbitrator selected by mutual agreement or failing agreement, to be nominated by the Chairman of the Association of Arbitrators of Southern Africa.

For disputes less than R50 000 the Association of Arbitrators Small Claims Arbitration Tribunal rules will apply.

All prices are subject to escalation , and in the absence of any other agreement the S.E.I.F.S.A. formula will apply, the base month being that prior to the month of issue of the quotation, and the comparison month that in which any particular portion of site work commences.

This offer may be withdrawn by the contractor whether or not it has been accepted by the client, should the contractor discover errors or omissions in the estimate after issuing the quotation, or should the contractor consider the client’s financial position to be less than sound.

The contractor may require the client to furnish sureties against payment of the contract amount by due date before commencement of work.



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