Our Standard Terms And Conditions - INVIXO PROJECTS

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Our Standard Terms And Conditions

COMPANY PROFILE

Standard Terms And Conditions For Supply of Services. These Terms and Conditions shall apply to all contracts for the supply of Services and Goods.

1. INTERPRETATION

In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means
Invixo Projects Pty ltd of 51 Louisa str, Brackenhurst, Alberton, 1448
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2. GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Services and
Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

3. PRICE & PAYMENT

3.1 Any goods delivered or material used in supply of service remains the property of Invixo Projects Pty ltd until paid for in full.
3.2 Standard terms for payment are: 50% deposit and remainder upon completion – unless agreed differently in writing by the Supplier
3.3 Services are booked / scheduled once the agreed deposit has been received – in general 48-72 hours lead time before commencement of any service unless agreed differently in writing by the Supplier
3.4 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.

4. CUSTOMER'S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Allow full and free access to work area during the service / contract period
4.4 The Customer takes full responsibility to remove all items of furniture/fittings/fixtures/vehicle /plants etc to alleviate any damage that could occur during the course of the contract / service  
4.4 Comply with such other requirements as agreed between the parties.

5. SUPPLIER'S OBLIGATIONS

5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

6. LIMITATION OF LIABILITY

6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

7. CANCELLATIONS

Returns/refunds policy: Where a Customer cancels the service / contract after deposits have been paid, the Supplier shall offer a full refund of any deposits paid unless Supplier has already incurred costs / ordered material / contracted subcontractors, in which case a maximum of 50% or balance after costs will be refunded.

8. FORCE MAJEURE

Neither party shall be liable for any delay or 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 shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

9. SUB-CONTRACTING AND ASSIGNMENT

The Supplier can at any time assign, transfer, sub-contract or deal in any other manner with any or all of our rights under these terms and conditions and can sub-contract or delegate in any manner any or all of our obligations to a third party.

10. WARRANTEES AND GUARANTEES

All warranties or Guarantees are covered by the following clauses, unless agreed differently in writing by the Supplier (Invixo Projects Pty ltd)
10.1 Paint
The Supplier will uphold any specific product warranty / guarantee offered by the original product manufacturer/supplier
10.2 Roofing
The Supplier will uphold any roofing warranty / guarantee as reduced and agreed to in writing by the Supplier
10.3 Waterproofing
The Supplier will uphold any specific product warranty / guarantee offered by the original product manufacturer/supplier
10.4 Ceilings
The Supplier will uphold any ceiling warranty / guarantee as reduced and agreed to in writing by the Supplier
10.5 The Supplier cannot accept any liability for warrantee / guarantee on any material / products supplied by the Customer

Any warranty / guarantee (written or otherwise) do not apply and may be null and void if any of the following occur:

(a) The products / materials / repairs or accessory is damaged by a natural disaster including, but not limited to, earthquake, lightning, hail, windstorm, hurricane, tornado, or flood, or:
(b) The products / materials / repairs or accessory is damaged by any act of negligence, accident, or misuse including, but not limited to, vandalism, falling objects, civil disobedience, or act of war, or:
(c) A deficient pre-existing condition or equipment is causing the failure
(d) There are any alterations or repairs made on or through the completed project, or objects such as but not limited to fixtures, equipment, or structures are placed on or attached to the completed structure without first obtaining written authorization from Invixo Projects Pty ltd
(e) Failure by the Owner or his lessee to use reasonable care in maintenance of the structure or completed repair
(f) Loss of integrity of the building envelope and, or structure including, but not limited to partial or complete loss of decking, wall siding, windows, doors or other envelope components or from damage by windblown objects, or:
(g) Any damage occasioned by abnormal causes or agencies, including non-specified traffic, interference by third parties, including abnormal use and design faults.’
(h) A significant change in the use of the building by the Owner or his lessee expected by Invixo Projects Pty ltd to affect the repair / service rendered
(i) The products / materials / repairs or accessories are damaged by contaminates and/or spills, or:
(j) In the case of Roof repairs / Waterproofing - a regular (biannual) maintenance inspection by Invixo Projects Pty ltd or their appointed contractors to inspect and assure integrity of repairs / service carried out or to affect any maintenance or additional action required to maintain integrity of repairs / service carried out
- The cost of these regular (biannual) inspections will be for the account of the Customer at a rate of R 4,500.00   per inspection unless agreed to differently in writing by the Supplier.
(k) The Owner fails to comply with every term and condition stated herein.

11. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.

DISCLAIMER

On acceptance of quotations or payment of deposits or invoices for services rendered - Customers are deemed to have read / understood and accepted these terms and conditions as set out above.

Frans de Swardt T: 082 674 2852 E: frans@invixoprojects.co.za | Riaan Hanekom T: 082 907 9939 E: riaan@invixoprojects.co.za
Brackenhurst, 1448, Alberton, Johannesburg, Gauteng, South Africa | E: info@invixoprojects.co.za
OR sales@invixoprojects.co.za
© 2013 INVIXO PROJECTS PTY LTD. - Building, Property Maintenance Contractors | Website Design By: DRAGAN GRAFIX

 
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