Terms and Conditions of our services
Preliminary: Parties, Definitions and Application
Preliminary: Parties, Definitions and Application
- The Company: These terms apply to all quotations, contracts, sales, and services of Zululand Gutters & Roofing (VAT No: 4490299536) of 9 Neil Armstrong Drive, Empangeni, KwaZulu-Natal, 3880 (the “Company”). Unless a quotation states otherwise, all prices exclude VAT.
Definitions: In these terms: - “Client” means the person who accepts a Quotation or places an order with the Company.
- “Quotation” means a written price offer from the Company, signed or accepted in writing by the Client. “Estimate” means an indicative price given before a site measurement and which is not an offer capable of acceptance.
- “Work” means the supply and installation, repair, or replacement of guttering, roofing, or related materials by the Company.
- “Completion” means practical completion of the Work, being the date on which the Company notifies the Client that the Work is complete and the Client either signs a handover note or, within 3 business days of that notice, fails to deliver a written list of defects (a “snag list”). Minor snags do not delay Completion.
- “Variation Order” or “VO” means a written instruction or agreement, signed or accepted in writing by both parties, changing the scope, materials, or price of the Work.
- “Supply-Only Sale” means a sale of materials or components where the Company does not install them.
- Acceptance and Incorporation: These terms form part of every contract between the Company and the Client. They are incorporated by reference on every Quotation and are accepted when the Client signs or accepts the Quotation in writing (including by email or electronic acceptance), pays the deposit, or authorizes the Work to start.
- Consumer Rights Preserved: Nothing in these terms limits or excludes any right the Client has under the Consumer Protection Act (CPA) or any other law that cannot lawfully be limited or excluded. If any clause conflicts with such a right, the clause applies only to the extent the law allows.
- Quotations, Estimates & Pricing: A Quotation is valid for 14 days from its date. All Quotations and Estimates are subject to an on-site measurement before Work begins. If the on-site measurement differs from the measurements on which the Quotation was based, the Company will notify the Client of the revised price before ordering or manufacturing materials, and the Work will proceed on the revised price only if the Client agrees. The price is fixed once the Client has accepted the Quotation and the deposit has cleared, except for a Variation Order. If the Quotation was based on an Estimate, the final price will not exceed the Estimate by more than 10% without the Client’s prior written consent.
- Client-Provided Measurements: If the Client supplies measurements and instructs the Company to order materials, roll-form, or manufacture before an independent site inspection by the Company, the Client does so at the Client’s own risk. The Company is not liable for any cost arising from incorrect Client-supplied measurements. Any corrections or additional materials will be done under a Variation Order and charged, together with additional transport and labor, at the Company’s then-current rates. This clause applies only if the Company has recommended an on-site measurement in writing and the Client has declined it.
- Variation Orders: No change to the scope, materials, or price of the Work is binding unless recorded in a Variation Order. The Company may suspend Work on the affected part until a VO is signed or accepted in writing, and a VO may extend the completion period.
- Payment Terms: An 80% deposit is payable on acceptance of the Quotation, and the balance is payable on Completion. Payment must be made by EFT into the Company’s nominated bank account using the Quotation or invoice number as a reference. Cash payments to installers or employees are not accepted. The Company is not obliged to order materials or start Work until the deposit has cleared.
- Late Payments & Collection Costs: If the Client does not pay an amount by its due date, the Client will owe interest on the overdue amount from the due date until payment at the maximum rate permitted by law (currently 2.0% per month), calculated as simple interest and not compounded. If the Company has to hand the account to an attorney or collection agent, the Client will also pay reasonable collection charges and legal costs, on the scale of attorney and own client to the extent that a court allows it. The Company’s liability to charge interest is subject to the National Credit Act where it applies.
- Retention of Title: All goods, materials, and fixtures supplied remain the property of the Company until the Company has received payment in full. To the extent that the law causes any goods to become part of the Client’s property before payment, the Client agrees that the unpaid amount remains immediately due and payable, and the Company keeps all its other rights against the Client, including the right to claim payment.
- Delivery, Storage & Risk: Risk in materials passes to the Client on delivery to the site. The Client must provide a secure storage area on site. The Company does not insure the Client’s materials once they are on the site, and the Client is advised to insure against loss, theft, and damage. The Company is not liable for loss or damage to materials on site caused by theft, malicious damage, or events beyond its control, unless the loss or damage was caused by the negligence of the Company or its employees or subcontractors.
- Client Obligations: The Client must, before and during the Work: (a) give the Company safe and unobstructed access to the site, the roof, and the work area; (b) provide water and electricity at no charge; (c) obtain all landlord, body corporate, homeowners’ association, or municipal approvals and plans needed for the Work, unless the Quotation says otherwise; (d) disclose known defects, hazards, and pre-existing damage; and (e) protect pets, vehicles, and belongings from the Work area. The Company may charge reasonable standing time or additional costs if it cannot carry out the Work because the Client has not met these obligations.
- Hazardous Materials & Pre-Existing Conditions: If the Company finds or suspects asbestos or any other hazardous material, or a hidden defect in the roof structure, fascia, walls, or timber, it will stop Work on the affected area and tell the Client. Removal of asbestos is regulated under South African health and safety law and is not included in any Quotation unless expressly stated. Any additional work needed to deal with hidden or pre-existing conditions will be done only under a Variation Order.
- Delay & Events Beyond Our Control: The Company is not in breach and is not liable for delay or failure caused by events beyond its reasonable control, including severe or unsuitable weather, floods, fires, strikes, supplier or transport failure, material shortages, civil unrest, power outages (including load-shedding), and government action. The time for the Work is extended for as long as the event continues. The Company will tell the Client as soon as reasonably possible. If the delay exceeds 60 days, either party may cancel the order on written notice.
- Cancellation: The Client may cancel a Quotation or order by written notice. If notice is given before materials are ordered or manufactured, the Company may retain a reasonable cancellation fee of 10% of the contract price, or its actual costs (whichever is lower) to cover administration and site visits. If materials have already been ordered, cut, roll-formed, or manufactured to the Client’s specification, the Client must pay for those materials and for Work already done, less the value of any materials the Company can return to stock or reuse. Any deposit paid will be applied to these amounts and the balance, if any, refunded within 14 days.
- Completion & Handover: On Completion, the Company will inspect the Work with the Client (or the Client’s representative). The Client must list any defects in writing within 3 business days. The Company will correct genuine defects within a reasonable time. Use of the roof or gutters, or non-payment of the balance, does not delay Completion.
- Material Specifications: Unless the Quotation states otherwise, all guttering is manufactured and installed using industrial powder-coated aluminum. The material, thickness, profile, and color in the Quotation form part of the contract.
- Fascia Boards, Structure & Roof Overhang: Guttering is quoted and installed on the assumption that the existing fascia boards and roof structure are level, sound, and strong enough to carry the gutter. The maximum overhang of roof tiles or roof sheeting into the gutter line must not exceed 50 mm. If, on inspection or during installation, these conditions are not met, the Company will notify the Client and may (a) propose a Variation Order to correct the problem, or (b) install the gutter on the Client’s written instruction without any guarantee in respect of the affected section. The Company will not be liable for overflow, leaks, or sagging caused by an unlevel fascia, an unsound structure, or an excessive overhang that the Client has chosen not to correct.
- Installation Timelines: The Company will aim to complete guttering installation within 7 to 14 working days, measured from the later of: (a) the deposit clearing, (b) the date of the final site measurement, and (c) delivery of materials. This is an estimate, not a guarantee.
- Supplier Availability & Pricing: Installation dates depend on supplier material availability. If the supplier’s price increases after the Quotation is accepted and the deposit has cleared, the price is not affected. If a material is no longer available, the Company may offer a comparable alternative with the Client’s approval.
- Material Specifications: The Quotation will specify the sheeting grade and thickness (for example AZ150 or AZ200, 0.47 mm or 0.53 mm). Where more than one option is shown, the Client must choose one before accepting. The specified grade and thickness govern the warranty.
- Cement Roof Tiles & Finishes: Cement roof tiles and associated products are supplied in the manufacturer’s standard factory colors. The Quotation does not include painting of the roof after installation.
- Color Accuracy: Colors shown digitally, in print, or on screen may differ from the actual product. The Client may ask for a physical color sample before accepting the Quotation. By accepting the Quotation, the Client accepts the chosen color.
- Scheduling: The Company will confirm the start date after the deposit has cleared and material availability is confirmed. Lead times depend on supplier and transport logistics.
- Weather Protection During Installation: The Company will take reasonable steps to protect the building from rain during the Work, including covering open sections of roof overnight. The Company is not liable for water damage caused by sudden or severe weather beyond what reasonable precautions could prevent, except where the damage was caused by its negligence.
- Roof Sheeting Warranty: New roof sheeting supplied and installed by the Company carries (a) the manufacturer’s standard material warranty of 5 years, and (b) a workmanship warranty from the Company of 5 years from Completion, covering the labor and installation provided by the Company. The Company will repair or, at its option, replace defective materials or workmanship covered by this clause, and will help the Client to claim under the manufacturer’s warranty.
- Gutters, Tiles & Other Products: Guttering installed by the Company carries a workmanship warranty of 5 years from Completion. Cement tiles and other manufactured products carry the manufacturer’s warranty (if any), which the Company will pass on to the Client.
- Conditions of the Warranty: The warranties above are subject to the following conditions and exclusions:
- (a) Roof repairs (tiles and sheeting): For roof repair services involving cement tiles or steel sheeting, the guarantee covers only the area repaired and up to one (1) meter on each side of the repair. No other part of the roof is covered by that repair.
- (b) Maintenance and cleaning: The roof should be washed with clean water every 6 months. Harsh chemicals, solvents, and abrasive agents must not be used. The Client should keep a dated record (for example photographs, a note, or an invoice from a cleaner) of these washes. The warranty does not cover damage caused by a failure to maintain the roof as required. A missed wash will not void the whole warranty if the damage is not connected to the missed maintenance.
- (c) Condition of timber structure: The timber supporting the sheeting or tiles must be sound. Before installation, the Client must provide a valid timber/entomology (wood borer) certificate for the trusses and brandering where the existing timber is being reused, or must sign an acknowledgement that the Company has not inspected the timber. The Company may inspect the timber at the Client’s cost. The Company is not liable for failure of the roof caused by insect damage, rot, or other defects in timber it did not supply.
- (d) Factory defects: The Company is not responsible for failures caused by a manufacturing defect in components it did not make. It will, however, help the Client to claim against the manufacturer. The Company remains responsible for the quality of its own installation, including the proper fixing of fasteners, clips, and sheeting, in accordance with the manufacturer’s specifications and applicable South African National Standards.
- (e) General exclusions: The warranty does not cover structural failure, leaks, or damage caused by acts of God, malicious damage, unauthorized alterations or access, or break-ins through the roof.
- (f) Wind and weather: The warranty does not apply to damage caused by wind or storms that exceed the engineered load rating of the sheeting and fasteners, including sustained winds or gusts above 140 km/h (39 m/s) or wind uplift beyond the design limits of SANS 10160 and SANS 10400-L for the roof pitch. The wind speed will be established from the nearest South African Weather Service station or other reliable independent evidence.
- Statutory Rights: The warranties in this clause are in addition to the Client’s rights under the CPA, including the right to goods and services of good quality and the implied warranty of quality.
- No Company Warranty on Installation: For a Supply-Only Sale, the Company gives no workmanship or installation warranty, as it does not install the goods. The Client is responsible for proper handling, storage, installation, and maintenance in line with the manufacturer’s instructions.
- Goods and Manufacturer’s Warranty: The goods are sold with the manufacturer’s warranty (if any), which the Company will pass on to the Client on request. The Client must inspect the goods on delivery and report any defects, shortages, or damage in writing within 3 business days of delivery. Nothing in this clause limits the Client’s rights under the CPA, including the right to return goods that are defective or not fit for purpose.
- Goods Sold As Seen: Goods that the Company has expressly identified in writing as second-hand, damaged, seconds, or surplus are sold “as is” at the price stated, to the extent permitted by law.
- Complaints: The Client must raise any complaint with the Company in writing at mark@zululandgutters.co.za and give the Company a reasonable opportunity to inspect and respond before taking further steps. The Company will acknowledge the complaint within 3 business days.
- Mediation and Arbitration: If a dispute is not resolved within 30 days, the parties may agree in writing to refer it to mediation or to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). Nothing in this clause prevents either party from approaching a court, or prevents the Client from referring a complaint to the National Consumer Commission, the Consumer Goods and Services Ombud, the National Consumer Tribunal, a provincial consumer protection authority, or any other body with jurisdiction.
- Entire Agreement & Non-Variation: These terms, the Quotation, and any signed Variation Order are the whole agreement between the parties. No change, waiver, or cancellation is valid unless it is in writing and signed by both parties (or accepted in writing by email). No indulgence or delay in enforcing a right is a waiver of it.
- Severability: If a court finds any part of these terms to be invalid or unenforceable, that part is severed or limited to the extent needed, and the remaining terms continue to apply.
- Governing Law & Jurisdiction: These terms are governed by the laws of the Republic of South Africa. The Client consents to the jurisdiction of the Magistrates’ Court having jurisdiction under section 45 of the Magistrates’ Courts Act 32 of 1944, without limiting the Company’s right to approach the High Court.
- Domicilium & Notices: The parties choose as their address for legal notices and service of documents (domicilium citandi et executandi) the physical address and email address stated in the Quotation. A party may change its address by written notice to the other. A notice sent by email is treated as received on the next business day; a notice delivered by hand is treated as received on delivery.
- Certificate of Balance: A certificate signed by a director or senior manager of the Company, whose authority need not be proved, is prima facie proof of the amount owed by the Client.
- Privacy (POPIA): The Company collects and processes the Client’s personal information (such as name, contact details, address, and payment details) only to provide quotations and Work, to invoice and collect payment, to give warranty service, and to meet legal obligations. The Company will protect that information and will not share it except with service providers and supply partners who need it for these purposes, or where the law requires. The Client may ask to see, correct, or delete personal information by contacting the Information Officer at mark@zululandgutters.co.za.
- Electronic Communications: The Client agrees that quotations, acceptances, invoices, and notices may be sent and signed electronically, and that they are valid under the Electronic Communications and Transactions Act 25 of 2002.