GarageDoorKZN

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1. The customer agrees that (a) this contract represents the entire agreement between the Customer and Nicolas Janse van Rensburg trading as GarageDoor (hereinafter called the “Company”) and that no alterations or additions to this contract may be effected unless agreed to by both parties; (b) that this agreement will govern all future contractual relationships between the parties; and (c) is applicable for all existing debts between the parties.

2. The Customer hereby acknowledges that he / she has read and understood each term of this agreement and accepts them as binding.

3. The customer warrants that the signatory has been duly authorised to contract on its behalf.

4.  Prices quoted will be valid for 30 days from the date of the quote. The validity of any price quoted is subject to any increase in price by the Company’s suppliers.

5. The Customer hereby confirms that the goods and services on the invoice issued represent the goods and services ordered by the Customer and where performance / delivery has already taken place that the service and goods were inspected and conform to the quality ordered. It is the sole responsibility of the Customer to determine that the goods or services ordered by him/her are suitable for the purpose he/she intends using them.

6. All orders whether verbal or in writing will be binding and subject to these Standard Conditions of Agreement.

7. Repair / installation times given by the Company are merely estimates and are not binding to the Company.

8. In the event of goods that are defective, the rights of the Customer are limited to the manufacturer’s guarantee of the goods supplied.

9. Liability under clause 8 is restricted to the cost of repair or replacement of faulty goods or services or granting of credit at the sole discretion of the Company. It is the duty of the Customer to return any defective goods to the premises of the Company at his / her own cost.

10. The Customer has no right to withhold payment for any reason whatsoever.

11. The Customer is not entitled to set off any amount due to the Customer by the Company against debt.

12. The goods will remain the property of the Company until fully paid for. The Customer agrees that if an account is not settled on the day of installation / repair the Company is entitled (a) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages; (b) immediately institute action against the Customer at the sole expense of the Customer.

13. The Customer agrees that interest  shall be payable on any monies due to the Company at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be calculated from the date of the order.

14. In the event of cancellation of order, the Customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of the repossessed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the value.

15. Unless all goods have been fully paid for, the Customer is not entitled to sell any goods unpaid for without the prior written consent of the Company.

16. The Customer shall be liable to the Company for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by the Company in the event of (a) any default be the Customer (b) any litigation in regard to the validity and enforce ability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.

17. The customer agrees that no indulgence whatsoever by the Company will affect the terms of this agreement or any of the rights of the Company and such indulgence shall not constitute a waiver by the Company in respect of any of its rights herein. Under no circumstances will the Company be stopped from exercising any of its rights in terms of this contract.

18. The Customer agrees to the standard rates of the Company for any goods or services rendered, which rates may be obtained on request.

19. The invalidity of any part of this contract will not affect the validity of any other part.

20.  Any order is subject to cancellation by the Company due to any cause beyond the control of the Company.

21. This contract becomes final and binding on receipt of the acceptance of the Company as its business address in Waterfall.

22. The Customer shall ensure that the area around which the Company provides its services shall be properly secured.

23. The Customer must supply its own plug point 500mm from the power head.

24. The Customer indemnifies the Company of any accidental damages to its property incurred during installations / repairs done on site.

25. Price of quotation is only valid for the stipulated parts and services.

26. Customer to supply electricity on site. Failure to do so will result in the Company having to use a generator which will be charged for at a cost of R250.00 excluding Value Added Tax per day.

27. The Customer agrees to, at its own cost, have the site cleared of all obstacles on the day the Company will provide its service.

28. The Customer must arrange access for the Company on the day of installation / repair / quotation.

29. Minimum call out fee of R250.00 excluding Value Added Tax will be charged if site is not ready / cleared / access is not arranged.

30. In case of repairs to doors the automation can only be checked and quoted for once the door is in a working order

31. If customer accepts only part of quotation, the Company, its members or staff cannot be held liable for any problems arising after repair / installation is done.

32.  It is recommended that garage doors be serviced on an annual basis.

33. New timber doors must be treated with oil based wood preserver, not varnish, at least 3 times within the first six weeks after installation.

34. Due to quality and colour variation of raw timber, Company, its members and staff can’t guarantee the colour of timber doors.

35. Due to quality of raw timber, Company, its members and staff can’t guarantee that the timber will be free of knots in timber doors.

36. Knots and or Knots holes that fall out will be repaired but not replaced

37. The Customer must sign and return all quotations to the Company together with proof of payment for the deposit before work will commence.

38. Work will only start once deposits reflect in the Company’s bank account.

39. Customers must settle all outstanding balances on the day of installation / repair or guarantees will be cancelled.

40. The Company, its members and staff will not be held liable for any direct / indirect and or consequential damage or loss due to misuse, abuse and or neglect on the side of the consumer.