TERMS AND CONDITIONS

1. INTRODUCTION

WHEREAS VENTER PLUMBERS provides plumbing and related services; and
WHEREAS the Client wishes to make use of one or more of the services described in Clause 6 or as set out in a quotation provided by VENTER PLUMBERS.

THEREFORE the parties agree as follows:

1. DEFINITIONS

1.1 “Agreement” means the contract between the Service Provider and the Client for the provision of the Services and/or Products as incorporated in the quotation.

1.2 “Client” means the owner or occupier of the property at which the work is to be performed, alternatively the owner’s agent who warrants that they are duly authorised to bind the owner.

1.3 “Commencement Date” means the date agreed upon by the parties in writing as the date on which the work will begin.

1.4 “Equipment” means the tools and machinery necessary to execute the work.

1.5 “Materials” means all materials, appliances and apparatus to be installed or used in the execution of the work.

1.6 “Order” means the formal acceptance by the Client of a quoted work proposal.

1.7 “Practical Completion” means the date on which the work has been completed and handed over to the Client together with the final invoice in respect of the completed work.

1.8 “Price” means the amount payable in terms of any quotation for services provided in terms of this Agreement.

1.9 “Product” means a single item, a group of equivalent products, or a grouping of goods or services to be used or installed in terms of this Agreement.

1.10 “Property” means the Client’s property where the work is to be carried out, as reflected on the accepted quotation.

1.11 “Quotation” means a statement of work, proposal or similar document describing the Services and/or Products together with the price and payment terms.

1.12 “Service Provider” means VENTER PLUMBERS.

1.13 “Services” means the work to be performed by the Service Provider including, but not limited to, the services described in Clause 6.

1.14 “Technical Drawings” means architectural drawings required for the work which shall be supplied by the Client unless VENTER PLUMBERS is instructed to arrange them at additional cost.

1.15 “Terms and Conditions” means the terms and conditions set out in this document.

1.16 “Work” means all work to be performed by VENTER PLUMBERS at the specified property.

2. DURATION

2.1 This Agreement shall commence on the Commencement Date and will continue until the Practical Completion Date as stated in the quotation or such other reasonable date agreed upon in writing by the parties, unless terminated earlier in accordance with this Agreement.

2.2 Upon Practical Completion, VENTER PLUMBERS shall hand over the completed work to the Client and issue the final invoice. The Client shall accept the work and the final invoice subject to the Client’s right to request the repair of any defects in accordance with this Agreement.

3. PAYMENT

3.1 All quotations are valid for 30 days from the date of issue.

3.2 The price for Services, Products and Materials is specified in the quotation and is inclusive of VAT unless otherwise stated.

3.3 Payment terms are as specified in the quotation.

3.4 A deposit of 70% (or as specified on the quotation) may be required before work commences.

3.5 The balance of the quoted price must be paid by the Client within 30 days from the invoice date into the bank account nominated by VENTER PLUMBERS.

3.6 In the event of late payment, interest may accrue at 15.5% per annum, or the maximum rate permitted by law.

3.7 Services will commence on the agreed Commencement Date once the quotation has been accepted and the deposit has been paid. VENTER PLUMBERS reserves the right to delay the commencement of work if the deposit remains unpaid or if suppliers delay the delivery of materials beyond the control of VENTER PLUMBERS.

3.8 VENTER PLUMBERS reserves the right to vary the quoted price in the following circumstances:

a) Additional services or products requested by the Client not included in the original quotation
b) Unexpected increases in material or product costs
c) Additional work required which was not anticipated during the preparation of the quotation

3.9 Any price variation will be communicated to the Client in writing for approval.

3.10 No work will commence without a formal order number or written confirmation of appointment. Telephonic instructions may be treated as official orders.

3.11 Quoted prices may be subject to fluctuations in the exchange rate.

3.12 VENTER PLUMBERS may charge interest on overdue accounts from the due date until payment has been received in full.

3.13 All work may be re-measured by VENTER PLUMBERS for the purpose of issuing the final invoice.

4. OBLIGATIONS OF THE SERVICE PROVIDER

VENTER PLUMBERS shall:

4.1 Provide the Services and/or Products as specified in the quotation.

4.2 Perform the Services with reasonable skill, care and in accordance with recognised industry standards.

4.3 Comply with all relevant health and safety regulations.

4.4 Manage and dispose of waste generated during the execution of the Services.

4.5 Leave the work area clean and tidy upon completion.

4.6 Take reasonable steps to protect furniture, flooring and other valuables during the work.

4.7 Where required, ensure compliance with relevant building regulations and certification requirements.

4.8 Maintain valid employer liability and public liability insurance.

4.9 Provide a 6-month workmanship guarantee from the date of final handover and sign-off.

5. OBLIGATIONS OF THE CLIENT

The Client shall:

5.1 Provide unrestricted access to the property during agreed working hours (Monday to Friday, 08h00 – 17h00). Work outside these hours may be arranged by special agreement.

5.2 Co-operate with all reasonable requests made by VENTER PLUMBERS.

5.3 Avoid causing delays. Any delays caused by the Client may result in additional charges at standard hourly rates.

5.4 Provide access to electricity, water and toilet facilities for the duration of the work.

5.5 Be responsible for any redecorating required after plumbing work unless otherwise specified in the quotation.

5.6 Ensure adequate ventilation in areas where work is performed.

5.7 Be liable for any additional expenses incurred due to failure to comply with these obligations.

5.8 Inform VENTER PLUMBERS of any faults or problems within 6 months after final handover.

5.9 Ensure that payment is made in accordance with the payment terms of this Agreement.

6. BRIEF DESCRIPTION OF SERVICES

Services provided by VENTER PLUMBERS include, but are not limited to:

• Supply and installation of new geysers and geyser blankets (SABS compliant)
• Geyser repairs (elements, thermostats, vacuum breakers, safety valves)
• Clearing blocked drains (waste pipes, manholes and drain pipes)
• Clearing blocked toilets, urinals, baths, showers, basins and sinks
• Replacement and resetting of tap washers
• Repair of leaking taps, toilets, baths, basins and showers
• Installation of washing machines, dishwashers and refrigerators
• Installation or rerouting of garden taps and pipes
• Stormwater drain cleaning
• Bathroom renovations
• Stormwater drainage systems
• Compliance certificates (COC)
• Building inspections
• Irrigation systems

7. OWNERSHIP

Ownership of all products and materials installed remains vested in VENTER PLUMBERS until all amounts due have been paid in full.

8. BREACH

8.1 If the Client fails to make payment or breaches any term of this Agreement and fails to remedy such breach within 30 days of written notice, VENTER PLUMBERS may claim immediate payment of all outstanding amounts and may refer the matter to a court within the Republic of South Africa.

8.2 Either party may terminate this Agreement by written notice if the other party:

• Breaches any obligations under this Agreement
• Acts dishonestly or in bad faith
• Makes a negligent or intentional misrepresentation
• Conducts themselves in a manner likely to bring the other party into disrepute

9. CANCELLATION

9.1 VENTER PLUMBERS may charge a reasonable cancellation fee if an order is cancelled before work commences.

9.2 Deposits will not be refunded if materials or products have already been ordered or specially manufactured.

9.3 VENTER PLUMBERS reserves the right to cancel any order if the Client breaches material terms and fails to remedy such breach within 20 business days of written notice.

10. DISPUTE RESOLUTION

Any dispute arising from this Agreement shall first be resolved through discussion between the parties. If unresolved within 5 calendar days, the matter may be escalated to senior representatives of both parties. If still unresolved, the dispute may be referred to a court of competent jurisdiction within the Republic of South Africa.

11. LIABILITY

11.1 VENTER PLUMBERS will not be liable for delays caused by the Client.

11.2 The Client indemnifies VENTER PLUMBERS against claims arising from injury, loss or damage except where caused by gross negligence.

11.3 The Client agrees to notify their insurers of the provisions contained in this clause.

11.4 Plumbing installations are often concealed within walls, floors or ceilings. Access to these installations may require cutting, drilling or removing finishes such as tiles, plaster or paving. VENTER PLUMBERS will not be responsible for restoring such finishes unless explicitly included in the quotation.

12. FORCE MAJEURE

Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control including natural disasters, strikes, government action or civil unrest.

13. SEVERABILITY

If any provision of this Agreement becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. WAIVER

No failure or delay by either party in exercising any right shall constitute a waiver of that right.

15. ASSIGNMENT

Neither party may assign or transfer rights or obligations under this Agreement without the written consent of the other party.

16. WARRANTIES

16.1 Workmanship is guaranteed for 6 months from the date of completion.

16.2 Parts and equipment are subject to the manufacturer’s warranty.

16.3 VENTER PLUMBERS is not responsible for manufacturing defects but will assist with warranty claims where applicable.

17. DOMICILIUM

The Client chooses the address listed on the quotation as their domicilium for the delivery of legal notices.

18. GOOD FAITH

Both parties shall act in good faith and use reasonable efforts to fulfil the objectives of this Agreement.

19. COSTS

All legal costs incurred by VENTER PLUMBERS in recovering outstanding amounts shall be payable by the Client.

GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of South Africa.

ENTIRE AGREEMENT

This document together with the quotation constitutes the entire Agreement between the parties and supersedes all prior discussions or representations unless confirmed in writing.