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TERMS AND CONDITIONS
(in accordance with the Consumer Protection Act)

QUOTATIONS

  • Quotations are valid for 7 days only and provide a guideline to the pricing.

  • Price increases related to exchange rates and petrol price fluctuations will be passed on to the Client.

  • Quotations must be accepted in their entirety. TESS will not supply any part orders without re-quoting.

  • PC item reflects a Provisional Cost - price will be confirmed after supply and installation

  • TESS will deliver as per the quotation unless instructed otherwise, in writing, with signatures by both parties.

  • Where the Client would prefer different finishes, the price will change.

  • Any cost overruns incurred due to latent defects and problems will be charged to the client.

  • If you have any uncertainty as to what TESS will deliver, please contact us to discuss the finer details.

  • Any errors and omissions detected at a later date will be recovered from the Client

  • Quotations must be signed and returned to us. Receipt by us of an original signed quotation will start the process.

ORDER PLACEMENT AND CANCELLATION

  • Orders must indicate the quotation number.

  • TESS will draft a contract detailing mutually agreeable terms and conditions.

  • The contract must be accepted and signed in full.

  • TESS requires a deposit on order placement and balance as per Payment conditions included in the contract.

  • All sketches and drawings indicating sizes, location, quantity and colour must be accepted and signed

  • Only once the contract and terms have been signed and deposit received, will the order be accepted.

  • Where the contract is cancelled after payment of the agreed deposit, a cancellation fee of 30% of the contract value will be charged. All materials ordered on behalf of the Client will be charged for in full and delivered as if the contract had not been cancelled.

  • Any additional costs incurred by TESS as a result of the cancellation of the contract will be charged to the Client.

SPECIFICATION AND VARIATION

  • The Client or his Representative will provide a Specification Document in which all design specifications are captured.

  • The Specification Document will form part of the Contract.

  • The Contract will be null and void without a signed Specification Document.

  • The Specification Document will form the reference point from which all work is triggered.

  • The Client or his Representative may issue an instruction to TESS to vary the specification and/or works described in the Specification Document.

  • Any change in shape, form, fit, function, and type of material, revised timing and sequence will be considered as a contract variation.

  • All contract variations will be captured in writing.

  • All contract variations will include a mechanism for evaluating the financial impact of the variation.

  • All contract variations will include a statement of how the variation affects the completion date.

  • Contract variations are priced at ad hoc rates which are substantially higher than the tendered rate of the primary contract.

  • Any item not clearly specified in the Specification Document will be construed as a Contract Variation and priced accordingly.

  • Where on-site staff must rapidly make an unassisted decision about any item that is not adequately specified, the cost and risk of such decision will be borne by the Client and his Representative.

  • Where the Client has not specified a particular brand of product or particular model or class or variant of a branded product, TESS will assume that the Client has left this decision to our discretion and act accordingly. The Client shall have no recourse in this event.

SITE CONDITIONS

  • Electricity and water must be available at all times at Client expense.

  • In the event that electricity and water are not available for any reason whatsoever, generating equipment and portable supplies will be brought to the site at the Client’s expense.

  • Proper storm water drainage must be available for excess water run-off.

  • Proper sewer drains must be accessible for waste water disposal.

  • Toilet facilities must be made available to contracting personnel at Client expense.

  • The Client must ensure that TESS personnel have space allocated for wet work tasks, such as mixing of cementitious products and similar, and tasks that generate a lot of dust, such as carpentry and stone cutting.

  • The Client will provide unhindered access to the site during normal working hours from 8am to 5pm daily unless otherwise arranged or detailed in the contract.

  • The Client will not interfere with the manner and method in which personnel perform their jobs.

  • TESS personnel and sub-contracted suppliers are instructed not to take instruction from the Client. In this regard, Client will instruct the Prime Contractor (TESS) only.

  • Time wasted due to Client tardiness or interference will be for the Clients’ account. Wasted time includes premises not being available from 8am to 4pm, TESS waiting for the Client to deliver self-purchased product, Client walking around the site and causing workers to stop work for safety reasons, Client showing the progress of the building operation to friends and family and any other time wasting activity not described herein.  Wasted time is charged at our hourly rate. We will not negotiate wasted time charges.

  • Where the Client issues a STOP WORK order without consultation with TESS management, the Client will be held responsible for all additional costs incurred due to such STOP WORK order.

PRODUCT RELATED ISSUES

Please be aware of the following issues over which TESS will have little or no control:

  • Construction projects are a bulk produced item subject to the vagaries of wind and weather and natural movement of the earth. Projects will not be rejected by the Client on the basis of being marginally out of square, plumb or level.

  • There are always slight colour variations in powder coated aluminium products. These colour variations may occur in dark and/or metallic colours due to the coating process.

  • TESS personnel will under no circumstances choose paint colours and surface textures. The Client makes this choice and accepts the choice once made or pays to have the colour changed and surfaces repainted.

  • Glass is ordered for a specific contract based on signed sketches and also on final measurements taken on site. Once ordered and supplied to specification, glass cannot be returned for credit. There are no refunds on glass at all.

  • Slight scratch marks on aluminium and glass are normal due to the nature of the bulk processing of these products. Industry has agreed an inspection distance of 3 metres. If the marks are not visible from 3 metres then the product is acceptable.

  • There are colour, pattern orientation and size variations in floor and wall tiles which our beyond our control. Stone tends to do its own thing. We have tried to reason with it but it is very rigid in its approach.

  • Where tiles are installed by a third party and TESS personnel are required to drill into the tiles to mount accessories and fittings, the risk in the drilling operation is solely for the Client’s account. Any tiles damaged will be replaced at Client cost. The Client is advised to have spare tiles available in the event that the drilling operation causes a tile to be damaged.

  • Timber is a natural product and will bend, warp and discolour. If you have a problem with a piece of timber we will attempt to rectify the problem and will instruct the trees to behave in the future.

  • If you are unhappy with any aspect of the project, you must inform TESS Management within 24 hours of becoming aware of the problem.

During any dispute, a contracted expert’s decision will be accepted as final between all parties.

SNAGS AND SOLUTIONS

  • On completion of any construction project TESS will do an official and dated handover.

  • TESS will do a maximum of two call backs to rectify snags and these must happen within 30 calendar days of handover.

  • Thereafter any items that go wrong or systems that fail will be treated as guarantee claims and will be replaced or repaired at our cost or in partnership with the supplier where the product has failed due to device failure or to bad workmanship on the part of the supplier.

  • TESS suggests that the Client lives in the constructed / renovated premises for a two week period and then compiles a list of snags for TESS personnel to work to.  TESS personnel will then do everything on the list.  Thereafter the Client does a similar exercise for a further two weeks and TESS comes in for a final work over.

  • In the event that there is a failure or claim thereafter, TESS will treat this as a guarantee claim.

  • In terms of the Consumer Protection Act, it may be necessary for the original supplier of the product to be approached. In this case, the Client is the final consumer of the product and it will be the Client’s responsibility to approach the supplier for compensation. TESS will assist in this process providing all supporting information.

GUARANTEE

  • Workmanship is guaranteed for 12 calendar months, once full payment is made.

  • Product /products carry the guarantee as issued by the manufacturer.

Limitations

  • The guarantee is limited to repair or replacement of defective product for a period of 12 calendar months from handover.

  • TESS is unable to guarantee any product that shows signs of mistreatment or malicious damage. In this case TESS will not repair, replace or refund your money without a written agreement stating the terms and conditions of such repair, replacement or refund.

  • TESS is unable to guarantee product sourced from suppliers. TESS will however endeavour to claim from suppliers on your behalf should a product fail within a reasonable period and under reasonable operating conditions.

  • Product defects must be reported to TESS in the first instance. Clients who claim directly from suppliers do so at their own risk.

PAYMENT

  • Work will not start until deposits have been paid.

  • Deposits must be paid 7 days before start of project

  • A deposit to cover at least the cost of materials will be required, plus a series of progress payments during the course of the project. The detail of progress payments will be included in a formal contract. Progress payments must be paid on due dates as quoted and agreed.

  • Completion is defined as the day the contractor leaves the site.

  • There are no retention provisions unless agreed in the contract.

  • Failure to make progress payments on time will ensure that the TESS team leaves the site taking all movable materials with them. TESS team members will only return to site on payment of a site establishment fee as defined in the contract.

  • TESS does not accept cheques

  • Payment may be made by EFT or direct deposit to our bank account

  • E-mail proof of payment to info at tess.co.za

SALVAGE

  • Sub-contractors have no right of salvage on any TESS site. This condition is in place to avoid competition between sub-contractors and their labour for salvageable materials, and the ensuing arguments and unpleasantness which always follows.

  • In this regard, sub-contractors may not enter into discussions with any Clients of TESS.

  • Sub-contractors negotiating salvage with the Client will have their contracts terminated immediately and the Client will carry all costs incurred in:

    • Recruiting new sub-contractors and

    • All costs incurred due to delays in the project and

    • All costs incurred due to the knock-on effect on other projects.

  • Where salvageable material is removed from a site by a sub-contractor without TESS management permission, a charge of theft will be laid with the police. The Client should be aware that a small kindness will result in severe hardship for the recipient of such kindness.

GENERAL

  • Contracting and sub-contracting personnel have a business arrangement with TESS.

  • The Client is requested not to engage any of the personnel employed on site in conversation.
  • The Client may not instruct personnel employed on site in any manner whatsoever.  All instructions must be by way of the site supervisor and TESS Management only.

  • TESS is not bound by any verbal agreements reached between the Client and personnel employed on site.

  • Where the Client requires a change to be made to the original specification, the change must be communicated to the site supervisor. The site supervisor will arrange the necessary documentation to support such change. No amendment, alteration or addition to the contract shall be valid unless reduced to writing and signed by both parties. See Clause SPECIFICATION AND VARIATION

  • Where the Client negotiates a private arrangement between contracting personnel and Client, outside of the primary contract, the relationship between sub-contractor and TESS will immediately be void and the sub-contractor will face penalties as agreed with TESS. The Client will similarly incur additional cost in time delay while an alternative contractor is brought to the site and takes time to ramp up his production team. All additional costs incurred in this action will be for the Client’s account.

  • TESS will not be held liable for any latent or invisible defect such as sub-standard support structures, inadequate foundations etc. Similarly, hidden cables and water pipes that are damaged will be reinstated at Client’s cost.

  • The Client undertakes to remove any and all appliances and furniture from the work area.

  • In the event that the contractor must move appliances and furniture, this will be done at Client’s risk and expense.

  • The Client is requested to ensure that all valuables are placed in safe and lockable areas.  TESS will not be responsible for missing valuables.

  • All legal costs and disbursements on attorney-client scale shall be for the Client’s account if full and final payment is not received as agreed.