Terms and conditions
Your City’s #1 Plumbing Service Provider
DIVINE TOUCH CONTRACTORS (PTY) Ltd
WHEREAS DIVINE TOUCH CONTRACTORS wishes to provide plumbing and related services; and
WHEREAS the Client wishes to make use of one or more of the services briefly described in
Clause 6 hereof, or other quotation provided by DIVINE TOUCH CONTRACTORS (PTY) LTD;
THEREFORE the parties agree as follows:
WHEREAS the Client wishes to make use of one or more of the services briefly described in
Clause 6 hereof, or other quotation provided by DIVINE TOUCH CONTRACTORS (PTY) LTD;
THEREFORE the parties agree as follows:
DEFINITIONS
Agreement
1.1 Means the contract between the Service Provider and the Client for the provision of the Services and/or
Products incorporated in the quotation
Products 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 he is duly authorized to bind the owner.
alternatively the owner’s agent who warrants that he is duly authorized to bind the owner.
1.3 “Commencement date” means a date agreed by the parties in writing as mutually suitable
for the work to begin.
for the work to begin.
1.4 Equipment means such as tools and machinery as may be necessary to execute the work.
1.5 “Materials” means all materials, appliances and apparatuses to be installed, or used in the
execution of the work.
execution of the work.
1.6 “Order” means the formal acceptance by the Customer of a quoted work proposal.
1.7 “Practical Completion” means this is 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.
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.
of this agreement.
1.9 “Product” means, In general, a single item or unit, a group of equivalent products, a
grouping of goods or services, or an industrial classification for the goods or services which are
to be used or installed in terms of this agreement.
grouping of goods or services, or an industrial classification for the goods or services which are
to be used or installed in terms of this agreement.
1.10 “Property” means the Client’s property at which the work is to be effected and shall be
deemed to be at the address reflected on the accepted signed quotation, unless the contrary is
stated.
deemed to be at the address reflected on the accepted signed quotation, unless the contrary is
stated.
1.11 “Quotation” means a statement of work, proposal or other similar document describing
the Services and/or the Products as well as the price and payment terms for such Services or
Products.
the Services and/or the Products as well as the price and payment terms for such Services or
Products.
1.12 “Service Provider” means an entity that provides professional services to other businesses
or individuals (DIVINE TOUCH CONTRACTORS).
or individuals (DIVINE TOUCH CONTRACTORS).
1.13 “Services” means the work that is to be performed by the Service Provider including, but
not limited to, the services described in clause 6 hereof.
not limited to, the services described in clause 6 hereof.
1.14 “Technical Drawings” means architectural drawings prepared in respect of the work, if the
work Requires such drawings, which shall be supplied by the Client, unless DIVINE TOUCH
CONTRACTORS (PTY) LTD is specifically instructed to have the drawings prepared by an
architect, at additional fees as agreed upon.
work Requires such drawings, which shall be supplied by the Client, unless DIVINE TOUCH
CONTRACTORS (PTY) LTD is specifically instructed to have the drawings prepared by an
architect, at additional fees as agreed upon.
1.15 “Terms and Conditions” means the terms and conditions of supply of Services and/or
Products set out in this document.
Products set out in this document.
1.16 “Work” means all work to be effected in terms of this document by DIVINE TOUCH
CONTRACTORS (PTY) LTD at the specified property.
CONTRACTORS (PTY) LTD at the specified property.
2. DURATION
2.1 This agreement will, come into operation on the commencement date and will continue
until the practical completion date has been reached, as quoted in the quotation and/or order,
alternatively on such other reasonable date as agreed by the parties in writing unless
terminated prior to such date by either party in accordance with the terms contained herein;
until the practical completion date has been reached, as quoted in the quotation and/or order,
alternatively on such other reasonable date as agreed by the parties in writing unless
terminated prior to such date by either party in accordance with the terms contained herein;
2.2 On the date of practical completion, DIVINE TOUCH CONTRACTORS (PTY) LTD shall hand the
work on the property over to the Client and render a final invoice in respect of the contract
price. The Client shall be obliged to accept the work and the final invoice, subject to the Client’s
rights to insist on the repair of any defects that may be manifest itself as set out in this
agreement.
work on the property over to the Client and render a final invoice in respect of the contract
price. The Client shall be obliged to accept the work and the final invoice, subject to the Client’s
rights to insist on the repair of any defects that may be manifest itself as set out in this
agreement.
3. PAYMENT
3.1 All quotations are valid for a period of 30 days from the date of receipt of the quotation.
3.2 The price for Services and/or Products and/or Materials is specified in the quotation , unless
otherwise specified.
otherwise specified.
3.3 The terms for payment are as specified in the quotation.
3.4 A deposit of 60% before we commence and balance on completion.
3.5 Payment of the balance of the quoted price will be made by the Client as soon as work is
completed, into the bank account nominated by DIVINE TOUCH CONTRACTORS (PTY) LTD.
completed, into the bank account nominated by DIVINE TOUCH CONTRACTORS (PTY) LTD.
3.6 In the event of late payment by the Parties then interest will accrue at 24% per annum
3.7 Services will be provided to the Client on the commencement date agreed to by the parties
following acceptance of the quotation and payment of the deposit; but such date may be
delayed at the choice of DIVINE TOUCH CONTRACTORS (PTY) LTD if the deposit is still
outstanding on the anticipated date of providing the services and/or products; or if there is any
delays in the supply of products by the DIVINE TOUCH CONTRACTORS (PTY) LTD’ suppliers which
cannot be directly or indirectly attributed to DIVINE TOUCH CONTRACTORS (PTY) LTD.
following acceptance of the quotation and payment of the deposit; but such date may be
delayed at the choice of DIVINE TOUCH CONTRACTORS (PTY) LTD if the deposit is still
outstanding on the anticipated date of providing the services and/or products; or if there is any
delays in the supply of products by the DIVINE TOUCH CONTRACTORS (PTY) LTD’ suppliers which
cannot be directly or indirectly attributed to DIVINE TOUCH CONTRACTORS (PTY) LTD.
3.8 DIVINE TOUCH CONTRACTORS (PTY) LTD is entitled to vary the price taking the following into
account:
account:
(a) Any additional Services and/or Products requested by the Client, which were not included in
the original quotation;
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.
of the original quotation.
3.9 Any price variation will be in writing to the Client for his / her approval.
3.10 No work will commence without an order number or letter of appointment. Telephonic
instructions or email as official orders.
instructions or email as official orders.
3.12 DIVINE TOUCH CONTRACTORS (PTY) LTD may charge the Client interest on any amount not
paid on the due date, calculated from the date such payment was due until payment has been
made in full, at the maximum rate permitted.
paid on the due date, calculated from the date such payment was due until payment has been
made in full, at the maximum rate permitted.
3.13 All work can be re-measured by Divine Touch Contractors (Pty) Ltd for final involve.
4. OBLIGATIONS OF THE SERVICE PROVIDER (DIVINE TOUCH CONTRACTORS) (PTY) LTD
The Service Provider will:
4.1. Supply the Services and/or Products / Materials as specified in the quotation.
4.2. Perform the Services with reasonable skill and care and to the highest standards and in
accordance with recognized codes of practice.
accordance with recognized codes of practice.
4.3 Comply with all relevant health and safety regulations.
4.4. Be responsible for all waste management and disposal required in the course of providing
the Services and/or Products.
the Services and/or Products.
4.5. Always clear and tidy the work area on completion.
4.6. Take all reasonable steps to protect furniture, floor coverings and any other valuables when
providing the Services.
providing the Services.
4.8. To always provide quality service
4.10 All work is under a 1 year guarantee after final handover and signoff.
5. OBLIGATIONS OF THE CLIENT
The Client will:
5.1 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. Special
arrangements will be made for work necessary to be completed on Saturdays, Sundays and
Public Holidays.
the project. Normal working hours are Mondays to Fridays, 08h00 – 17h00. Special
arrangements will be made for work necessary to be completed on Saturdays, Sundays and
Public Holidays.
5.2 Co-operate with all reasonable requests by DIVINE TOUCH CONTRACTORS (PTY) LTD
5.3 Not cause any unreasonable delays. Any standstill / delay caused by the Client shall be
charged per hour of standstill as per our standard rates.
charged per hour of standstill as per our standard rates.
5.4 Provide electricity, water and toilet facilities to DIVINE TOUCH CONTRACTORS (PTY) LTD for
the purpose of completing the Services / Project.
the purpose of completing the Services / Project.
5.5 Be responsible for any redecoration required after the Services/Products have been
supplied, unless otherwise provided for in the quotation.
supplied, unless otherwise provided for in the quotation.
5.6 To Ensure adequate ventilation in areas requiring indoor work.
5.7 Be liable for any expenses incurred by the Service Provider as a result of the Client’s failure
to comply with the obligations as defined in this Agreement.
to comply with the obligations as defined in this Agreement.
5.8 Inform DIVINE TOUCH CONTRACTORS (PTY) LTD of any faults or problems in respect of the
services provided or products and/or materials supplied as soon as possible after such fault or
problem is discovered within 1 year after final handover and signoff.
Ensure that payment of money due in terms of this Agreement is made in accordance with the
provisions hereof.
services provided or products and/or materials supplied as soon as possible after such fault or
problem is discovered within 1 year after final handover and signoff.
Ensure that payment of money due in terms of this Agreement is made in accordance with the
provisions hereof.
6. BRIEF DESCRIPTION OF SERVICES
The services provided by DIVINE TOUCH CONTRACTORS (PTY) LTD include, but is not limited to,
the following:
the following:
Residential building and construction
1. Supply and install of new geysers and geyser blankets – SABS standard
2. Geyser repairs– elements, thermostats, lacto valves, safety valve
3. Blocked drains (waste pipe, manholes, drain pipe)
4. Blocked toilets, urinals, baths, showers, basins, sinks
5. Replacing and resetting of tap washers
6. Leaking taps, toilets, baths, basins, showers, bidets
7. Connection of all washing machines, dish washers, fridges, etc.
8. Install or reroute garden taps and pipes
9. Drain cleaning– storm water pipes
10. Bathroom renovations
11. Storm water drainage
12. COC certificates
13. Building inspections
14. Irrigation
15. Painting
16. Tilling
17. Renovations
7. OWNERSHIP
Ownership in any products and/or materials installed remains vested in DIVINE TOUCH
CONTRACTORS (PTY) LTD until the Client has paid all amounts owing in terms of the quotation;
CONTRACTORS (PTY) LTD until the Client has paid all amounts owing in terms of the quotation;
8. BREACH
8.1 Should the Client be in default of any payment due in terms of this agreement or be in
breach of its terms in any other way and fail to remedy such default or breach within 30 days
after dispatch of a notice to remedy the breach, DIVINE TOUCH CONTRACTORS (PTY) LTD will be
entitled, without prejudice to any alternative or additional right or action or remedy available to
them under the circumstances, to claim immediate payment of all amounts due to DIVINE
TOUCH CONTRACTORS (PTY) LTD in terms of the agreement, provided that if the Client does not
make immediate payment, DIVINE TOUCH CONTRACTORS (PTY) LTD may, refer the matter to a
court of law within the Republic with jurisdiction;
breach of its terms in any other way and fail to remedy such default or breach within 30 days
after dispatch of a notice to remedy the breach, DIVINE TOUCH CONTRACTORS (PTY) LTD will be
entitled, without prejudice to any alternative or additional right or action or remedy available to
them under the circumstances, to claim immediate payment of all amounts due to DIVINE
TOUCH CONTRACTORS (PTY) LTD in terms of the agreement, provided that if the Client does not
make immediate payment, DIVINE TOUCH CONTRACTORS (PTY) LTD may, refer the matter to a
court of law within the Republic with jurisdiction;
8.2 Without prejudice to any other remedies which either of the Parties may otherwise have in
terms of the Agreement or at law, the Aggrieved Party shall be entitled to terminate the
Agreement, by written Notice to the other, in the event that the Infringing Party:
terms of the Agreement or at law, the Aggrieved Party shall be entitled to terminate the
Agreement, by written Notice to the other, in the event that the Infringing Party:
8.2.1 Breaches any of its obligations and/or warranties in terms of this Agreement;
8.2.2 Acts dishonestly and/or in bad faith;
8.2.3 Made or makes any intentional or negligent misrepresentation to the Aggrieved Party,
whether in any negotiations preceding the conclusion of, or in the execution of this Agreement;
whether in any negotiations preceding the conclusion of, or in the execution of this Agreement;
8.2.4 conducts itself in a manner which is likely to bring the Aggrieved Party into disrepute;
9. TERMINATION / CANCELLATION DIVINE TOUCH CONTRACTORS (PTY) LTD
9.1 The Service Provider is entitled to impose a reasonable cancellation fee in the event of
cancellation before the commencement date or before the services are provided. The amount
of such cancellation 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.
cancellation before the commencement date or before the services are provided. The amount
of such cancellation 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.
9.2 No refunds will be given on deposits in the event of cancellation in respect of products
and/or materials that have already been ordered or products and/or materials that have been
specially made to order.
and/or materials that have already been ordered or products and/or materials that have been
specially made to order.
9.3 The Service Provider reserves the right to cancel an order / booking if the Client breaches
any material terms or conditions contained herein and after 20 (twenty) business days’ written
notice doesn’t rectify such breach.
any material terms or conditions contained herein and after 20 (twenty) business days’ written
notice doesn’t rectify such breach.
10. DISPUTE RESOLUTION
If the Parties are unable to resolve any dispute resulting from this Agreement by means of joint
co-operation or discussion between the individuals directly involved with the execution of this
Agreement, within 5 (five) calendar days after a dispute arises or such extended time period as
the Parties may in writing allow, then such a dispute shall be submitted to the most senior
executives of the Parties who shall endeavor to resolve this dispute, within 5 (five) calendar days
after it having been referred to them.
Should the dispute not be resolved in the aforesaid manner, then it shall be resolved by way of
referral to a court of law within the Republic with jurisdiction.
co-operation or discussion between the individuals directly involved with the execution of this
Agreement, within 5 (five) calendar days after a dispute arises or such extended time period as
the Parties may in writing allow, then such a dispute shall be submitted to the most senior
executives of the Parties who shall endeavor to resolve this dispute, within 5 (five) calendar days
after it having been referred to them.
Should the dispute not be resolved in the aforesaid manner, then it shall be resolved by way of
referral to a court of law within the Republic with jurisdiction.
11. LIABILITY
11.1 DIVINE TOUCH CONTRACTORS (PTY) LTD will not be liable for any delay in rendering any of
the services pursuant to this agreement or any failure to render such service due to the
negligence of the Client.
the services pursuant to this agreement or any failure to render such service due to the
negligence of the Client.
11.2 The Client indemnifies and holds DIVINE TOUCH CONTRACTORS (PTY) LTD harmless against
any claim of whatsoever nature which may be brought against DIVINE TOUCH CONTRACTORS
(PTY) LTD by any person as a result of death, injury, damage to or loss of property at any time
arising out of or connected with the failure to provide the services, excluding a grossly negligent
act or omission by DIVINE TOUCH CONTRACTORS (PTY) LTD or its employees or agents.
any claim of whatsoever nature which may be brought against DIVINE TOUCH CONTRACTORS
(PTY) LTD by any person as a result of death, injury, damage to or loss of property at any time
arising out of or connected with the failure to provide the services, excluding a grossly negligent
act or omission by DIVINE TOUCH CONTRACTORS (PTY) LTD or its employees or agents.
11.3 It is agreed that no insurer will have any rights of subrogation against DIVINE TOUCH
CONTRACTORS (PTY) LTD and the Client agrees to notify its insurers of all the provisions of this
clause.
CONTRACTORS (PTY) LTD and the Client agrees to notify its insurers of all the provisions of this
clause.
11.4 DIVINE TOUCH CONTRACTORS (PTY) LTD agrees to use all reasonable care in providing
services and installing products and/or materials. Should DIVINE TOUCH CONTRACTORS (PTY)
LTD inform the client that damage may be caused to the premises during the provision of
services DIVINE TOUCH CONTRACTORS (PTY) LTD will not be liable for the damage caused.
services and installing products and/or materials. Should DIVINE TOUCH CONTRACTORS (PTY)
LTD inform the client that damage may be caused to the premises during the provision of
services DIVINE TOUCH CONTRACTORS (PTY) LTD will not be liable for the damage caused.
12. FORCE MAJEURE
Neither Party shall be in breach of this Agreement, where the inability to comply with any
obligation is caused by Force Majeure. Force Majeure shall include, but is not limited to; war,
riots, civil commotion, natural physical disaster, strike or industrial action by either Party’s
obligation is caused by Force Majeure. Force Majeure shall include, but is not limited to; war,
riots, civil commotion, natural physical disaster, strike or industrial action by either Party’s
employees, any action by government or public authority, and circumstances wholly beyond the
control of the Parties.
Notice of an occurrence of Force Majeure shall be given to the other Party as soon as possible,
and shall include details of the event, and the likely effect it may have on either Party’s
obligations in terms of this Agreement.
Should either Party be prevented from carrying out its contractual obligations for a continuous
period of 14 (fourteen) days as the result of the occurrence of Force Majeure, this Agreement
may, at the other Party’s instance, be terminated on the expiry of the 14 (fourteen) day period.
13. SEVERABILITY
If any provision of this Agreement is invalid or unenforceable for any reason, it will not thereby
invalidate the whole Agreement, unless the provision in question goes to the heart of the
Agreement. In such event, the Party who is adversely affected by the invalid provision may elect
to cancel the Agreement; or to continue with it, or continue with it subject to Agreement on any
appropriate provision to replace the invalid or unenforceable one.
invalidate the whole Agreement, unless the provision in question goes to the heart of the
Agreement. In such event, the Party who is adversely affected by the invalid provision may elect
to cancel the Agreement; or to continue with it, or continue with it subject to Agreement on any
appropriate provision to replace the invalid or unenforceable one.
14. WAIVER
Notwithstanding any provisions in this Agreement, the Client hereby agrees to waive all claims
for any harm or loss, including consequential losses, which it may substantially have against the
Company, its employees, agents or any other persons connected in some way to the services
referred to in this Agreement, such claims having arisen from any cause whatsoever
for any harm or loss, including consequential losses, which it may substantially have against the
Company, its employees, agents or any other persons connected in some way to the services
referred to in this Agreement, such claims having arisen from any cause whatsoever
15. CESSION, ASSIGNMENT, DELEGATION AND TRANSFER
Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights,
obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any
other party or person without the prior written consent of the other, which consent shall not
unreasonably be withheld or delayed.
16. WARRANTIES
16.1 All our work carries a 1 year workmanship guarantee.
16.2 Should DIVINE TOUCH CONTRACTORS (PTY) LTD repair or replace defective equipment and
within 3 months the repair or replacement of the defective equipment has not been remedied,
DIVINE TOUCH CONTRACTORS (PTY) LTD will replace the defective equipment. Any further
repair or replacement of defective equipment after 3months will be for the Client’s account;
within 3 months the repair or replacement of the defective equipment has not been remedied,
DIVINE TOUCH CONTRACTORS (PTY) LTD will replace the defective equipment. Any further
repair or replacement of defective equipment after 3months will be for the Client’s account;
16.3 Neither party has given any warranty or made any representation to the other party, other
than the warranties or representations which may be expressly set out in this agreement.
than the warranties or representations which may be expressly set out in this agreement.
16.4 Parts used are under guarantee by the manufacturer/Supplier
16.5 DIVINE TOUCH CONTRACTORS (PTY) LTD cannot be held liable for any damages caused due
to faulty manufacturing of the parts. They will however claim for a replacement of the faulty
part and re-install it.
to faulty manufacturing of the parts. They will however claim for a replacement of the faulty
part and re-install it.
16.6 Divine Touch Contractors will not be liable for an unforeseen incident like drilling on walls
where there is pipe in the walls.
where there is pipe in the walls.
17. DOMICILIUM CITANDI ET EXECUTANT
The Client hereby appoints the address appearing in the quotation, as its chosen domicile
citadel ET executant, being the address to which DIVINE TOUCH CONTRACTORS (PTY) LTD may
deliver all court notices, court processes or any other documents.
citadel ET executant, being the address to which DIVINE TOUCH CONTRACTORS (PTY) LTD may
deliver all court notices, court processes or any other documents.
18. GOOD FAITH
The Parties shall act with the utmost good faith between each other in all matters concerning
this Agreement and the Parties shall use their best endeavours to ensure that the objectives of
this Agreement are met and realized.
this Agreement and the Parties shall use their best endeavours to ensure that the objectives of
this Agreement are met and realized.
19. COSTS
All costs and disbursements, including legal costs on attorney and own client scale, incurred by
DIVINE TOUCH CONTRACTORS (PTY) LTD in tracing the Client or endeavouring to collect all or
any amounts payable by the Client to DIVINE TOUCH CONTRACTORS (PTY) LTD or otherwise and
all collection commissions and all other charges of a like nature are payable by the Client to
DIVINE TOUCH CONTRACTORS (PTY) LTD on demand.
DIVINE TOUCH CONTRACTORS (PTY) LTD in tracing the Client or endeavouring to collect all or
any amounts payable by the Client to DIVINE TOUCH CONTRACTORS (PTY) LTD or otherwise and
all collection commissions and all other charges of a like nature are payable by the Client to
DIVINE TOUCH CONTRACTORS (PTY) LTD on demand.
SIGNATORIES
If more than one person signs this agreement on behalf of the Client, the signatories will be
jointly and severally liable for the Client’s obligations.
jointly and severally liable for the Client’s obligations.
AUTHORITY
In the event of the Client being a juristic person, any natural person signing on behalf of such a
juristic person, hereby warrants his authority to sign this agreement, it being within the scope of
his powers, objects and authority.
juristic person, hereby warrants his authority to sign this agreement, it being within the scope of
his powers, objects and authority.
SURETY
In the event of the Client being a juristic person any natural person signing on behalf of such
juristic person, hereby binds himself as surety and co-principal debtor in solidus with the Client
juristic person, hereby binds himself as surety and co-principal debtor in solidus with the Client
to DIVINE TOUCH CONTRACTORS (PTY) LTD, for the due and proper performance by the Client of
all his obligations to DIVINE TOUCH CONTRACTORS (PTY) LTD whether presently due, owing and
payable or becoming due, owing and payable in the future, and hereby waives and renounces
the benefits of excursion, division, exception non cause debit and cession of action.
RELAXATION
No indulgence, leniency or extension of a right, which either of the Parties may have in terms of
this Agreement, and which either party (“the grantor”) may grant or show to the other party,
shall in any way prejudice the grantor, or preclude the grantor from exercising any of the rights
that it has derived from this Agreement, or be construed as a waiver by the grantor of that right.
this Agreement, and which either party (“the grantor”) may grant or show to the other party,
shall in any way prejudice the grantor, or preclude the grantor from exercising any of the rights
that it has derived from this Agreement, or be construed as a waiver by the grantor of that right.
GOVERNING LAW
The Parties hereby agree that the validity and interpretation of this Agreement will be governed
by the laws of the Republic of South Africa.
by the laws of the Republic of South Africa.