ANNEXURE ‘’A’’
STANDARD TERMS AND CONDITIONS
The customer acknowledges that he has read and understood the contents of this agreement, and accepts it as binding. The customer warrants that all information furnished overleaf is correct.
The customer agrees that, notwithstanding anything to the contrary which may appear on any invoice, delivery note, account or other document from Aqua-Ratz cc Plumbing Services (“Aqua-Ratz”) that:-
all goods remain the property of Aqua-Ratz until the purchase price of such goods has been paid in full. Aqua-Ratz shall in this regard be entitled to remove any goods installed for the customer against non-payment, despite the operation of law to the contrary;
The risk in goods shall pass immediately to the customer on delivery:
Aqua-Ratz may at any time and without notice withdraw and/or cancel any credit facility granted to the customer;
The purchase price of any goods sold and delivered and the remuneration for any services rendered by Aqua-Ratz to the customer shall be paid in full on receipt of the Tax Invoice. The customer agrees to the various methods of payment, ie: Cash, Cheque or Credit Card, payable on completion of work. Electronic Transfers will be accepted provided Aqua-Ratz has received a signed copy of the “EFT Payment Agreement”. The customer waives all rights set off, and shall not be entitled to withhold payment of any amount due for any reason whatsoever;
The customer agrees to the payment schedule as specified in the quotation or proposal of works to be done agreement.
the customer agrees to pay interest at a rate of 3% (three per centum) above the prime overdraft rate charged by the Standard Bank of South Africa from time to time on all arrear payments;
The customer shall be stopped from denying the authority of the person/s signing its application on its behalf.
The customer agrees that;-
neither Aqua-Ratz, nor any of its employees shall be held liable for any innocent misrepresentation made by the customer;
Aqua-Ratz shall not be held liable for any damage of whatsoever nature and howsoever arising, including, but not limited to, consequential damages resulting form any cause or reason whatsoever and whether by fire, theft, weather, the seller/s negligence, latent or patent defects, delayed delivery, or through any cause whatsoever;
any required electrical work, building work and rubble removal are excluded from this agreement, unless stated otherwise in writing;
the customer recognizes and acknowledges that Aqua-Ratz may, and is allowed to reconnect the electrical connections to geysers. It is however the customers’ responsibility to get a Registered Electrician to check and pass all electrical connections and that Aqua-Ratz may not be held responsible for any such electrical connection.
Aqua-Ratz has allowed for excavations in normal ground conditions. Excavations in rock, clay, shale or any ground condition not allowed for shall be for additional account of the customer;
Aqua-Ratz shall provide a 3 (three) month guarantee on workmanship with the exception of blocked drains, as set out in clause 4 below;
all materials and goods are excluded from the guarantee referred to in clause 3.4 above. Defects in materials and goods shall be excluded from this guarantee and shall be for the customer/s account.
Should Aqua-Ratz be instructed to unblock a drain, Aqua-Ratz guarantees its work for a period of no longer than 10 (ten) days, provided that payment has been made in full, and that the original problem has not arisen as a result of defectively damaged sewer pipe;
A certificate drawn by any member of Aqua-Ratz shall be prima facie proof in any Court of Law of the amount, which is due and payable by the customer to Aqua-Ratz. The customer shall be liable to Aqua-Ratz for all costs incurred as between attorney and own client in recovering or attempting to recover any overdue amounts, including all attorneys charges, disbursements, fees and the like.
The customer consents to the jurisdiction of any Magistrate’s Court having jurisdiction over the customer in terms of Section 45 of Act 32 of 1944 (as amended) in respect of legal proceedings which Aqua-Ratz may institute against the customer arising out of any transaction between the customer and Aqua-Ratz, notwithstanding the fact that the amount or value of the Aqua-Ratz’s claim might otherwise exceed such jurisdiction. Notwithstanding such consent, Aqua-Ratz may, as its option, institute any such proceedings in the High Court of South Africa in such division having jurisdiction.
The customer agrees and acknowledges that the address furnished in this form encloses the addresses for the purpose of any action which Aqua-Ratz may wish to institute against the customer arising out of any cause whatsoever at the business/street address set out on this form, what the place/s at which the customer carries on its business or its registered office from time to time.
