TERMS AND CONDITIONSNathan2021-04-23T07:52:49+00:00
Terms & Conditions
The following standard terms and conditions will determine the relationship between Mastertech Plumbing and the Customer in respect of all work effected in terms of this document.
This agreement constitutes the sole record of the agreement between the parties in relation to the subject matter hereof.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded here in.
This agreement supersedes and replaces all prior commitments, or representations, whether oral or written, between the parties in respect of the subject matter hereof.
The customer agrees that: (a) This Agreement represents the entire Agreement between the customer and Mastertech Plumbing and that any alterations or additions to this Agreement may not be effected, unless agreed to by both parties. (b) This Agreement will govern all future contractual relationships between the customer and Mastertech Plumbing. (c) This Agreement is final and binding and is applicable to services, products, material and all other goods relevant to the project. (d) This Agreement applies to all employees and sub-contractors of Mastertech Plumbing.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
The signatory hereby binds himself/ herself in his/her personal capacity as Shareholder (in the case of a company), Member (the case of a close corporation) or Owner, Partner, or Proprietor, as co-principal debtor jointly for the full amount due to Mastertech Plumbing and agrees this agreement will apply in the same way to him/ her.
Not with standing the provisions of clause (1) above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be binding and subject to this agreement and may not be cancelled by the customer.
The invalidity of any part of the Agreement shall not affect the validity of any other part.
The customer agrees to establish that products, materials and services appearing on the delivery note or/and invoice or prior delivery to any documentation are correct as per initial agreement and free of any defects.
The customer agrees that the agreed and approved amount appearing on the invoice shall be due unconditionally, and the payment shall be made immediately on receipt of the original invoice unless disputed by the client and subsequently proofed to be incorrect.
The customer has no right to withhold any payment due and the customer agrees that any extension of payment required, should be prior approved by an authorized member of Mastertech Plumbing.
The Customer agrees that if an account is not settled within the agreed time period that Mastertech Plumbing has the right to issue a Letter from a 3rd party demanding full payment of all outstanding debt in terms of this Agreement.
The Customer agrees that Mastertech Plumbing Services having the necessary court order can enter into its premises to repossess any product and/or material delivered, and indemnifies Mastertech Plumbing services against any damage, relating to the removal of repossessed items for which Mastertech Plumbing Services can not reasonably be held accountable for.
All material / products remain the property of Mastertech Plumbing until all outstanding debts have been settled and the customer has no right to re-sell any of these items until his / her debt is settled.
The Customer will pay interest on late payments at the maximum rate as prescribed by the Usury Act from time to time.
All discounts will be forfeited if payment is not received immediately on receipt of original invoice.
Mastertech Plumbing reserves the right to provide the national credit bureau with updated personal information.
Non-payment that results in legal action: The client will be responsible for all legal cost, interest, tracing and collection fees. The address given will be accepted as the service address for the client and all correspondence will be forwarded and delivered to this address.
Mastertech Plumbing might 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 other rights. Mastertech Plumbing may have in Law, to lock the customer out until such payment has been effected.
Only payments made into the official Mastertech Plumbing’s bank account as per the details reflected on the original quotation submitted from Mastertech Plumbing’s office via e-mail, hand delivered or fax will be recognized and accepted as formal payment. Only electronic fund transfer payments or cheque’s made out to the official Mastertech Plumbing will be accepted.
Prices and Quotations
All quotations will remain valid for a period of fourteen (14) days from the date of receipt of quotation, or until the date of issues of any new price list, whichever occurs first, or, unless specified in writing by Mastertech Plumbing.
The price for Services and/or Products / Materials is specified in the quotation and is exclusive of VAT, unless otherwise specified.
The terms for payment are as specified in the quotation.
A commitment deposit of 50% will be required on all quotations above R5000.
Services will be provided to the Customer within a period of 2 days after the date of acceptance of the quotation and payment of the deposit; but such period may be extended at the choice of the Company if the balance of the purchase price is still outstanding on the anticipated date of providing the goods or services; or if there is any delays in the supply of goods by the Company’s Suppliers which cannot be directly or indirectly attributed to the Company.
Mastertech Plumbing is entitled to vary the price taking the following into account: (a)Any additional Services and/or Products requested by the Customer, which were not included in the original quotation; (b)Any unexpected increase in the cost of materials and / or products; (c)Any additional work required to complete the Services, which was not anticipated at the time of the original quotation.
Any price variation will be in writing to the customer for his / her approval.
No work will commence without an order number or letter of appointment. Telephonic instructions are deemed as official orders.
Quoted prices are subject to fluctuations in the exchange rate.
The Customer must provide unrestricted access to his/her property at the times specified for the duration of the project. Normal working hours are Mondays to Fridays, 08h00 – 17h00 and Saturdays, 08h00 –13h00. Special arrangements will be made for work necessary to be completed on Sundays and Public Holidays.
The customer must co-operate with all reasonable requests by Mastertech Plumbing The customer shall not cause any unreasonable delays, and any standstill/delay caused by the customer shall be charged per hour of stand still as per our standard rates.
The Customer to provide electricity, water and toilet facilities to Mastertech Plumbing for the purpose of completing the Services/Project.
The accuracy of any measurements requested by the Supplier for the supply of Products only, shall be the responsibility of the Customer and any expenses incurred by the Supplier as a result of inaccurate sizes shall be met by the Customer.
The Customer shall be responsible for any redecoration required after the Services/Products have been supplied, unless otherwise provided for in the quotation.
Customer must ensure adequate ventilation in areas requiring indoor work.
The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with the obligations as defined by these Terms and Conditions.
Service Provider Obligation
The Service Provider shall supply the Services and/or Products/ Materials as specified.
The Service Provider shall perform the Services with reasonable skill and care and to the highest standards and in accordance with recognized codes of practice.
The Service Providers hall comply with all relevant health and safety regulations.
The Service Provider shall be responsible for all waste management and disposal required in the course of providing the Services and/or Products.
• The Service Provider shall always clear and tidy the work area on completion.
• The Service Provider shall take all reasonable steps to protect furniture, floor coverings and any other valuable when providing the Services.
• The Service Provider shall take all reasonable steps to match any finish with existing materials such as internal plastering and external paving or similar materials but cannot guarantee that this will always be possible.
• Where required, the Service Provider shall be registered with the relevant organization for the purpose of self-certification or notify building control to arrange for an inspection of the work carried out if so required to do so in terms of the relevant building regulations.
• The Service Provider shall hold valid employer and public liability insurance policies.
Material Products and Equipment
Unless differently specified, Mastertech Plumbing shall provide all materials and equipment necessary for the proper execution of the work.
All materials, products and equipment shall be of the highest quality and standards as prescribe the latest SANS/SABS specifications.
Should the products ordered by the Customer have been superseded, replaced or otherwise became unavailable, Mastertech Plumbing will offer alternative products at the prevailing price to those ordered by the Company, to the Customer, whom by approving such goods will have accepted that it will be provided in substitution of the original products ordered.
If the customer supplies any material, products or equipment, and or accessories, Mastertech Plumbing shall not be responsible for any defect thereto, nor the quality thereof. It, being agreed that Mastertech Plumbing 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.
During the execution of the work, the Customer shall take all reasonable steps to protect all material on his property from the risk of loss, theft or damage in Mastertech Plumbing absence. In the event of loss, or theft the customer agrees to replace such material, at his/her expense, unless such loss can be reasonably attributed to reasons within the reasonable control or intentional act of Mastertech Plumbing or any person, in the employ of Mastertech Plumbing.
All material, products and other required accessories remain the property of Mastertech Plumbing until the completion of the project and settlement of the total payment due by the customer.
The Customer must store any property or materials belonging to the Service Provider separately from any other property or materials belonging to the Customer or a third party for the duration of the project.
In addition to the Customer’s statutory rights, the Service Provider guarantees that the Services and/or Products / Material will be free from defects and/or workmanship for a period of 12 months from the date that the Services and/or Products were supplied.
Clause 9.1. does not apply when: (a) A fault arises due to any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Services and/or Products after risk has passed to the Customer; (b) A fault arises due to wilful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorized repair, improper maintenance or negligence on the part of the Customer or a third party.
The Customer shall indemnify the service Provider against all claims, costs and expenses which the Service Provider may reasonably have incurred and which have relevance to the Customer’s material breach of the Terms and Conditions.
Mastertech Plumbing indemnifies the customer against any liability, loss, claim, or proceedings of whatever nature arising in common law, or by statute consequent upon personal injuries to, or the death of any person, or employee of Mastertech Plumbing arising out of, or in the course, or caused by the execution of the work, unless such loss, injury, or death is due to any act, or commission of the customer, or his servants, or any agent acting in the interests of the customer.
Mastertech Plumbing indemnifies the customer against any liability, loss, claim, or proceedings consequent upon the loss of, or damage to any movable, or immovable property arising out of, or throughout the execution of the work due to any wilful, negligent, or reckless act, or omission by Mastertech Plumbing, their agents, or workers provided however that Mastertech Plumbing shall be entitled to act on any reasonable instructions by the customer and that the execution of such an instruction shall not lead to any liability in terms of this clause.
We may impose a cancellation fee in the event of cancellation before delivery. The fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered/made Special–Order Goods.
Mastertech Plumbing Services reserves the right to cancel an order if the Customer breaches any material terms of the condition of this Terms and Conditions and after 10 (ten) working days written notice doesn’t rectify such breach.
Any defects to the work shall be communicated to Mastertech Plumbing within seven (7) days of noticeable defect.
Mastertech Plumbing shall be afforded an opportunity to within fourteen (14) days from receipt of such an alleged defect report inspect the defects and/or workmanship which does not meet with the customer’s approval and; (a) If Mastertech Plumbing is of the view that the work and / or defects are of acceptable standard, it shall notify the customer, in writing, of its findings as well as the reasons. Therefore; (b) If the customer does not accept the findings, he/she shall be entitled, within a period of fourteen (14) days from the date of notification by Mastertech Plumbing, to refer the matter to arbitration to resolve the complaint. Mastertech Plumbing may in its own discretion be entitled to appoint a professional in the field under discussion of no less than ten (10) years’ experience as an arbitrator. All costs in this instance will be for the customer’s account; (c) If the matter is referred to arbitration, the arbitrator shall be requested to complete his findings within a period of thirty (30) days and his finding shall be final and binding upon both parties.
If Mastertech Plumbing is of the view that the work is of unacceptable standard than any defects in the workmanship, supplied materials, or damage to the work, shall be rectified, within a period of fourteen (14) days, to the reasonable satisfaction of the customer, at Mastertech Plumbing’s costs.
If the Customer does not notify Mastertech Plumbing within (three months) from date of completion of the work of any noticeable defect in the workmanship and material after practical completion, it shall be deemed to have been completed to the reasonable satisfaction of the Customer, and the Customer shall have no further right of recourse against Mastertech Plumbing in respect of any repairs, or defects.
Should either the customer or the service provider commit a breach of any material provision of this agreement and fail to remedy such a breach within fourteen (14) days after receiving written notice from the party aggrieved thereby requiring the defaulting party to do so, then the aggrieved party shall be entitled, without prejudice to the aggrieved party’s other rights in law, to cancel this agreement or to claim immediate specific performance of all of the defaulting party’s obligations,whether or not due for performance, in either event without prejudice to the aggrieved party’s right to claim damages.
Should any party permit a non-material breach of any provision of this agreement and fail to remedy such a breach within fourteen (14) days of receiving written notice from any other party to the contract requiring it to do so, then the aggrieved party shall be entitled to claim immediate specific performance of all the defaulting party’s obligations, whether or not due for performance, without prejudice to the aggrieved party’s other rights in law, including the right to claim damages.
If the customer requires any additional work, variations, or alterations from the original work as specified, he/she shall advise Mastertech Plumbing within 48 hours. If the customer accepts the additional costs and time implications, an addendum to the agreement specifying the additional costs and time required for purposes of completion of the work, shall be prepared and presented to the customer for his signature. On an acceptance signature by the customer, Mastertech Plumbing shall immediately proceed to give effect to the customer’s instructions, as varied by the addendum.
Commencement and Completion
Mastertech Plumbing shall commence the execution of the work on a date mutually suitable to the parties.
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.
On the date of practical completion, Mastertech Plumbing shall hand the work on the property over to the customer and render a final invoice in respect of the contract price. The customer shall be obliged to accept the work and the final invoice, subject to the customer’s rights to insist on the repair of any defects that maybe manifest itself as set out in this agreement.
Compliance with Legislation
It is specifically recorded that the Contractor/Service Provider shall, in terms of section 37 (2) of the Occupational Health and Safety Act, be fully and solely responsible for ensuring compliance with the provisions of this Act and any other law, by law or regulation of the South African Parliament.
Should the Contractor find anything in this specification or receive an instruction that may jeopardize his compliance with any legislation he shall bring such finding or instruction to the attention of the customer and resolve the matter before proceeding.
Suspension of Work
Mastertech Plumbing shall be entitled to suspend performance of the work in terms of this agreement in the event of:
A material breach by the customer, which is not rectified within ten (10) days written notice to include, but not limited to: (a)In the event that Mastertech Plumbing having to suspend the performance of the work, Mastertech Plumbing shall be entitled to immediately: Cancel the agreement and retain all payments for work already concluded or in final phase of being concluded. (b)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 Mastertech Plumbing (c)The customer not granting Mastertech Plumbing access to the work, or any part thereof. (d)The customer not making available any electricity, or water which may be required for purposes of the execution of the work. (e)The customer not making available any drawings by an architect, or not arranging for the appointment of an engineer, where required, for the performance of the work. (f)Where the customer fails to remedy its obligations to enable Mastertech Plumbing proceed with the work.
In the event of Mastertech Plumbing having to suspend performance of the work in terms of this agreement Mastertech Plumbing shall be entitled to immediately:- (a)Cancel this agreement and retain all amounts paid. (b)Insist on payment of the balance of the contract price as stipulated on the face hereof. (c)Remove all unfixed materials from the premises without any compensation to the customer. (d)Remove any machinery and equipment from the premises. (e)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 Mastertech Plumbing may have in Law, to lock the customer out until such payment has been effected.
Neither party shall be liable for any delay nor failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including, but not
limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
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