BY COMPLETING & SIGNING OF QUOTATION THE CLIENT/S ACKNOWLEDGES AND ACCEPTS THAT HE/SHE ACCEPTS AND UNDERSTANDS THE QUOTATION & TERMS AND CONDITIONS AS SET OUT BELOW:

GENERAL

In terms of the common law “passing of the risk rule”, a consumer (or buyer) per a sale agreement a form of consumer agreement) shall be liable for the accidental loss of goods as soon as the agreement becomes perfecta (when the essentialia of the agreement are met and the agreement is not subject to conditions or such conditions have been fulfilled). Delivery of the goods is not a requirement for this rule to take effect as this is a consequence flowing from a valid sale agreement. Thus the buyer will be liable if he does not take delivery of the goods but the goods are accidentally damaged at the time the agreement of sale became perfecta. Section 19(2) (c) of the CPA has adapted this rule by providing that the supplier (or seller) is liable for the loss of goods (be it accidental, intentional or negligent loss) prior to the delivery of goods as the supplier (or seller) must keep the goods in his “care and risk) until delivery. Due to the fact that the Company are outsourcing there will be NO refunds, thus means that when an order is placed by the client/consumer, the Company pays the “Supplier/Contractor” and make sure the product is delivered/installed within a reasonable time.

SUPPLY OF PRODUCTS

All relevant structures this includes Timber/Steel or GalvAlum homes, lodges, hotels, hostels etc are custom made according to the client specification otherwise all other optional extras are supplied through our network of Suppliers. We do NOT have a showroom available for all the  products but we do have a Factory and show unit  at our Head Office.

QUOTATIONS

All quotation are specified and indicates exactly what forms part of the Scope of Work. If any item is not indicated on quotation then it will be quoted separately and thus then means that it does not form part of the quotation or the Scope of Work. Unforeseen expenses and costs that occurs whilst busy with construction will be quoted separately. All extras to be paid immediately upon receipt of quotation.

Disclaimer: E&OE – It means errors and omissions excluded.

BUILDING CONTRACTS

A NHBRC registered builder will be allocated to each project, who will then commence and complete the project as per the Scope of Work (signed and accepted quotation) and will at all times adhere to the National Building Regulations and all SANS specifications. The client and Builder hereby confirm that all parties will accept the conditions as set out in the Building Contract and will not deviate from same.  

See Sample of Building Contract. 

SAMPLE BUILDING CONTRACT

PAYMENT STRUCTURE

Payment of full quoted amount as per Quotation. Proof of payment of full amount with completed order to be e-mailed to sales@nthomes.co.za. If not indicated on Quotation, quoted price are excluding Vat. Quoted price is subjected to change without prior notice before acceptance of Quotation (this must be verified by the client prior to placing of each order). Price is subjected to change due to: Currency fluctuations, variations in government induced duties, taxes and Vat/or statutory labour charges.

Full deposit payable within 7 days after accepting of quotation thereafter a new quotation will be issued and the accepted quotation will be null and void. Discount coupons will only be applicable on new orders and not orders already in process.

PAYMENT TERMS – BUILDING LOANS 

As per Quotation – accepted and signed by client.

Very important: The client will be kept responsible for the difference in any payments that is not made by the relevant Financial Institution.

PAYMENT TERMS – CASH PAYMENTS
As per Quotation – accepted and signed by client.

The Contractor or sub-contractors may under NO circumstances receive any form of compensation from any client.  In the case that a client pays a Contractor or buys anything on behalf of the Contractor that will be at the client’s own risk, and outstanding monies will still be due and payable to the Company, by the client.  NO Workmanship Warranty will be issued in the case of any outstanding monies due on the job card, thus means that the warranty we offer as per our Quotation and as per the accepted and signed Order form will be null and void as this forms part of the Terms and Conditions. In the event that the client or any 3rd party not appointed by the Company completes/or make any changes, to any existing erected structures the Workmanship Warranty is null and void and this will be at the clients own risk/cost.  In the event that a 3rd party is appointed by the client to complete or make any changes prior to completion of the structure by the Contractor appointed by the Company and reserve the right to claim for all outstanding monies due by the client. All products remain the property of the Company until paid in FULL.

Outside SA there is different payment methods, refer to accepted Quotation if not stated otherwise on Quotation. If  payment BEFORE                 commencement is not received as per correspondence on a specific date as indicated by Head Office via telephone or by e-mail, the Contractors cannot be booked to go to the specific sites, if on site they will be withdrawn immediately if instructed by Head Office and the Company reserves the right to then remove all materials until payment has been made in full by direct deposit or eft via real-time payment and reflects in the bank account.  All unused materials delivered to site remains the property of the Company. LOA/Site Allowance payable immediately on receipt of Statement. This includes all inspections, site visits and deliveries.  Container hire and site toilets etc. will be for the client’s account.   Any or all additional work required by client, payable immediately on receipt of Pro forma or Statement. No cheques or cash will be accepted! NO deductions are allowed to be made by a client, without written consent from Head Office, in the case where there is a deduction to be made it will be evaluated and a credit note will be issued by Head Office and payment will be made accordingly. The Company reserves the right to change and amend the payment structure on the merits of a file. In the case where the client or the Company informs the Contractors to stop with installation/construction, for any valid reason, the Company may claim all outstanding monies, prior to be booked or to go to a site or proceed at a site by informing the client in writing. The client will then be liable for the Contractors transport fees to return to the site to complete the job card.  Standing time of R3 500 will be charged per day if any outstanding monies are not paid on time. 

STEEL/TIMBER FRAME HOMES, LOG CABINS AND WENDY HOUSES AND TYPES OF WOOD

Please take note that we have Contractors that are Non-NHBRC registered and Contractors that are NHBRC registered.

All structures are custom made.  Thus means on receiving of an order the product will be manufactured according to the client’s specifications. Applicable on all Wendy houses or log homes if not specified by clients: – Standard height of Wendy houses: – 1.8 if not specified otherwise by client in writing. Extra heights will be quoted extra and specified on quotation to be indicated on job card.  Standard height of Log Cabins/Timber Homes: – 2.4 if not specified otherwise by client in writing. Extra heights will be quoted extra and specified on quotation to be indicated on job card.

The following is excluded from the quotations, thus means that it does not form part of the Scope of Work if not indicated on Quotation.

CLADDING PROFILES

Log Homes – 85mm – Baby logs

Budget & Full Package

As per specified quotation but excludes the following if not indicated on quotation: radenshield, insulation, skimming of inside walls, painting of interior walls, doors, ceiling, supply of door handles, door locks and all other extras).Sewerage, drains, electricity and plumbing to main connection as one cannot determine distance on prior to installation of structure.
Timber Frame Homes – 22/100mm

Half Logs – Full turn key

As per specified quotation but excludes all optional extras. Sewerage, drains, electricity and plumbing to main connection as one cannot determine distance on prior to installation of structure.
Timber Frame Homes – 22/90mm

Shiplap –  Full turn key

As per specified quotation but excludes all optional extras. Sewerage, drains, electricity and plumbing to main connection as one cannot determine distance on prior to installation of structure.
Timber Frame Homes – 32/100mm

Half Log – Full turn key

As per specified quotation but excludes all optional extras. Sewerage, drains, electricity and plumbing to main connection as one cannot determine distance on prior to installation of structure.
Timber Frame Homes – 9/225mm

Nutec Vermont – Full turn key

As per specified quotation but excludes all optional extras. Sewerage, drains, electricity and plumbing to main connection as one cannot determine distance on prior to installation of structure.

All Steel & Timber structures are build according to the SANS 10400, SANS 10082 and SANS 517 specifications. (wendy houses excluded)

All toolshed/Wendy house/log home or any other structure includes the following: (excluding the 32mm Half Logs and Vermont Nutec) Wooden Flooring from 0-24m² is 12.5mm thick and from 25m² is 19mm thick if not specified by client. Zinc Roofing (corrugated) .3 thicknesses, if not specified by client. Tile roofs are available on request from client. All toolshed/Wendy house/log home structures are treated with waxol. Timber Homes are painted with Silkwood, if not otherwise specified by client.  When accepting this order, please stipulate what wood type will be required. The onus rests on the client to ensure that all extras are indicated as part of the Scope of Work.Please ensure that the unit ordered will fit in the space available; Ground to be fairly level and; free of obstructions, the gradient should not exceed 300mm;

Land Surveyor will do the positioning of boundary pegs. Excavating – clearing of land only the portion where the construction will take place. 

Failed installation for any reason will be subject to charge, thus means if the Contractor is on site and cannot commence with job card issued and/ or are stop to proceed with installation there will be a standing time that will be charged before installation commences. Construction dates given at time of enquiry are estimates and can only be confirmed on receipt of order.  Construction times can be affected by unforeseen circumstances and bad weather conditions also depending on availability of site.

CLIENT RESPONSIBILITY

The onus rests with the client to indicate the thicknesses of the roof sheeting/ wood or flooring prior to requiring quotation on Log Homes or Timber Homes or any product so far this maybe concerned. The onus rests with the client to supply Head Office with a specific floor plan if any specific requirements/specifications are needed prior to placing an order as we have to quote accordingly and in the case, no floor plan received from the client we will proceed with the standard floor plan that was accordingly quoted.  On receipt of signed approval from client we can proceed with pre-manufacturing of panels at the factory (if applicable) and installation. The onus rests on the client to get insurance cover on completion of construction and installation as per Scope of Work.     

FLOORING – STANDARD SIZES THAT WE QUOTE

All Timber projects comes with a standard 20mm shutterboard flooring (sub-flooring) and then the client can decide if extra flooring needs to be added, at an extra cost. 

THICKNESS OF FLOORING TYPE OF FLOORING
22mm Tongue & Groove Flooring
300mm x 300mm Floor Tiles
6mm Laminated Flooring

The approval of the floor plan needs to reach Head Office 72 hours prior to installation date, (weekends and public holidays excluded).  The onus rests with the client to adhere to all building regulations of their particular Council and make sure when any alterations/fixtures are requested/done to alter or obtain building plans accordingly!  Building plans must be submitted as per SANS 10400 building regulations. The Company have architects/draughts person available who can be of assistance in this regard, but that will be at an extra cost.  In the event that the draughts person has completed the drawings and the Council does not approve the plans the client will still be liable for the payment due. In the event that the payment has already been made, no refunds can be done as the appointment was approved via signed POA by the client. Thus means that any building plans that maybe required by their particular Council will be the client’s responsibility only and the Company neither the Contractors can be kept liable if the building plans are not in order, needs to be amended or approved in time as one have to adhere to all requirements and legislation and the client hereby indemnifies the Company and the appointed Contractors accordingly by accepting and signing the Terms & Conditions. When quotation is accepted by the client this will be for the structure only and the following are excluded as per quotation, if not requested by client on acceptance of quotation and tendered for by the Company: (thus means if not indicated on quotation)  A Site plan;  Architect – Drafting of plans; Local Council – Approval of plans; Zoning Certificate; Enrollment fees at NHBRC, Enrollment Certificate; Engineer; Electrical installation; Plumbing installation; Drain system; Obtain a Occupancy Certificate from your Local Council is for the client’s account and not for the Company nor the Contractors. The onus rests on the client to have all the above mentioned documents and approvals in order:  The client accepts that in the instance when they do not have the documents and approved building plans by the Local Council a Non-NHBRC Contractor will complete the installation. 

ENTRY AT CONSTRUCTION SITE

No unauthorized entry will be allowed on any sites as these are construction sites and safety precautions needs to be adhered to at all times therefore no entry is allowed without written consent from the Site Manager or Management. Appointments needs to be made in advance to ensure that authorized person/s is available on site.

NON-CONSTRUCTIONAL

EQUIPMENT AND FACILITIES

If not quoted the client must ensure that the site is clean and ready prior to commencement of foundation work. Soil to be fairly level & free of obstructions, the gradient should not exceed 300mm and the area must be big enough with hard soil and not soft soil and compacted;  In the case there is stilts/poles to be installed the onus rests with the client who needs to inform Head Office, prior to accepting quotation to determine what type of soil is at the site;  In the case where the client cannot establish the type of soil and a compact drilling or earth moving equipment is necessary the client must inform Head Office prior to accepting quotation as this must be booked in advance and quoted separately. In the case the client does not inform the Company prior to installation these equipment will be charged separately and will be for the client’s account. The onus rests on the client to ensure that they inform Head Office of any unstable soil prior to accepting quotation.

 The client needs to indicate if there is electricity available, the necessary applications at Council needs to be done by the client in advance to ensure that all is ready when commencing with construction at the site as generators needs to be booked in advance at an estimate of R350 per day (the amount of days cannot be established as all depends on weather conditions) and quoted for separately or alternatively the client must provide a generator. In the instance where the client makes available a generator the client must also ensure that they supply enough diesel/petrol for the generator.  Application at Municipality for electricity, water and sewerage does not fall under our Scope of Work, when deemed necessary we will try and assist but the onus falls on the client to ensure all applications is done in advance and all Municipality fees and all connection costs will be for the client’s account.  This includes water, sewerage & electricity,  If applicable the following is excluded: Contractors box for electrical.  Electrical cable, sewerage & water pipes from house to municipal connection points.  Retaining wall. Nature conservationist’s fee for marking /removing of indigenous trees & bushes.  In the event that the approved Council plan has been amended from the original plan submitted on accepting of quotation the client will be responsible for all extra costs involved. Extras: Draughts person – Draft plans & plan approval fees (municipal). Drafting of contour plans by Land Surveyor – Positioning of boundary pegs.  Engineer certificate & fees. Compaction certificate. The client must also ensure that there is storage facilities available on the site to prevent the materials from exposure to poor weather conditions, prior to installation/or alternatively plastic sheets (enough to cover all materials) if contractors stay on site otherwise a container will be rented and this will be for the client’s account. This is purely to prevent theft of materials from site. The client must also ensure that there is Ablution facilities when the Contractors stay on site which includes at least two toilets, shower facilities and running water available on site for the Contractors use otherwise they will be charged separately if the Company must provide these facilities and this will be for the client’s account.  

The client hereby agrees to pay LOA in the amount of R300 per day whilst busy with project which forms part of the contractor contract this includes travelling to and from site and in the event that they stay on site meals also includes all site visits, QC inspections, deliveries etc.  The client must also ensure that there is overnight facilities available on or close to the site (if not enough space to erect at least 2 tents for the Contractors to stay over on site which forms part of the contractors contract (invoices will be forwarded until installation is completed) whilst busy with the installation of the structure. Please ensure that the person on site at the time of delivery is aware of the unit position as the unit cannot be moved once installation commences; if the client changes the outlay of the structure as per signed and accepted order prior to commencing of installation, the quotation will be changed accordingly.  In the case the Contractor arrives on site the client cannot make any changes to the outlay of the structure without written consent and approval from Head Office. In the case the Contractor withdraws from site due to any disputes or alternatively are instructed by client not to proceed, the client is liable in both instances for loss of materials from site and in the case of bad weather conditions due to non-completion if non-treated portion of the construction may be damaged if it is exposed to bad weather conditions such as wind, rain etc. (Workmanship Warranty does not cover this).

Head Office will inform the client in writing if Contractors leaves the site. Thus means that the responsibility/liability then lies with the client to ensure that all materials are covered against the above and neither the Contractors nor the Company can be kept liable for same and when materials are damaged due to the above, the client will have to replace all lost/damaged materials that were left on site.  No material of any nature may be purchased by any client, in the event that this happens it will be for the client’s own expense and no compensation will be due to the client.  If the Contractors already started with the construction then the client cannot change the outlay in any instance. 

DELIVERY OR INSTALLATION OF ANY PRODUCTS

Leading times for scheduling date of construction will be an estimate of 8 weeks from date of receipt of approved plans, if not otherwise stated. Leading times for completion of construction of steel frame structures and timber frame structures of 40m2 and bigger will be an estimate of 6-8 weeks and 8-12 weeks per timber frame home from date of receipt of order depending on the size and quantity and work load at the factory. (The following circumstances NOT taken into consideration for example bad weather conditions/strikes/load shedding and availability of materials/holidays/weekends or annual closure of the Company for the Festive Season. Any products ordered through our Suppliers will depend on a leading time as per each Suppliers. 

SNAG LISTS

In the event of any snags the snag list needs to reach our offices by email within 7 days after completion of project. (receipt of Occupation Certificate). Any snags will only be attended to if account is settled in full. In the event that it does not fall within the warranty period as stipulated on the Contractors Warranty this will fall under maintenance and is chargeable. 

COMPLETION CERTIFICATE & GUARANTEES

All guarantees or warranties that is issued, will be dealt with directly with the manufacturer/supplier/contractor and by accepting and signing of the Order form the client/consumer acknowledges this clause and indemnify the Company and undertakes that in the case where the guarantee or warranty is applicable it will be taken up with the manufacturer/supplier/contractor of the product and not the Company.

Any reasonable faults on workmanship must be pointed out to the Company in writing within 7 days after installation. The Contractors need to complete the structure before inspections are done by the client. Should the client have any complaints, they need to liaise in writing with the applicable sales consultant at Head Office within 7 days after installation then the applicable Team Leader will be informed, and will faulty work be repaired at no extra cost/except if any chances are made by the client. In the event that there is for some reason any defects/faults after the 7 days there will be extra costs charged to visit the site and to do the repairs. Whenever installation takes place by the Contractor and thereafter there is a defect the consumer cannot keep the Company responsible for any defect.

WORKMANSHIP WARRANTY

Workmanship Warranty will only come in effect once the Completion Certificate has been received by the client.  Therefore the risk of loss or damage to the cabin shall then immediately pass to the client upon delivery of materials to the specific site of installation. The Steel Frame/Timber frame home structure, if specified carries a 10 year workmanship warranty against collapse excluding extreme weather conditions which includes strong winds, hail, heavy rains, tornados and tsunamis (which all forms part of the (Act of God)

In the case of any loss, destruction or damage, through weather conditions to the cabin or the client’s movable- or immovable property, the client cannot hold the Company responsible neither the Contractor for any loss or damage whatsoever, the liability will rest with the client only.  The client must insure the structure against any such loss at their own expense. Faulty Plumbing and electricity installations are not covered  or guaranteed by the Company and NO COC will be issued  if not requested prior to installation as it is outside Contractors who does installation, water damage arising from faulty plumbing or weather conditions is not covered, and wear and tear is also not covered; Only workmanship on units is covered.  Workmanship Warranty is issued by Contractor and not by the Company. Water damage arising from roof leaking is not covered.

Please take note that the workmanship warranty is only covered if the Log/Timber home is treated with weather guard at least once every 12 months, if not the warranty will be null and void. Proof of treatment must be kept in a safe place as part of the workmanship warranty and produced when warranty claims are made. (No proof of weather guard in the form of the receipt which clearly indicated the date on it (purchase date) and must be bought and applied in the time frames above if not unfortunately no warranty) In the event that the Log Home/Timber Home was not treated, you will be invoiced for work required and for travelling cost payable before we do any work. All doors to be treated inside/ outside (swelling of doors and windows are not covered) make sure they are in a proper working order when installed as we do not manufacture them. A Log Home/Timber Home  has a corrugated roof and no guarantees can be issued against leaks.

Please be advised that your warranty can only be activated once completed and signed Completion Certificate is received from the client by e-mail with 4 -20 photos of all units (depending on size of the inside and outside) installed. This must be received within the 1st 7 days after installation is completed, failing to so, your warranty will be null and void, and if you are in breach of any terms and conditions on the Contractor Warranty your warranty will also be null and void, Where the consumer has specifically informed the supplier of the purpose of the use of the goods, the consumer can expect that the goods delivered are reasonably suited for that purpose. – Of good quality, in working order and free of defects unless the consumer has been informed that the goods were offered in a specific condition and he agreed (expressly or through conduct) to this condition. – That can be used for a reasonable period of time taking into account wear and tear.

CANCELLATION OF ORDERS

However, the common law principle still applies when the consumer places the order by e-mail/fax by completing the Order form and/or signs the written agreement (hereby referred to as the quotation) they accept and understands all mentioned Terms and Conditions as set out. In the case an order/service is cancelled before delivery takes place/or while busy with the order there will be a 100% cancellation fee. Thus means cancellation fee of 100% will be applicable on all structures as this is custom made according to the client’s specifications and/or pre-manufactured at the factory or supplier. Non-refundable -In the event of an order placed and client does not pay the required deposit within a reasonable period of 30 days.  In the event that the Draughts person, Land Surveyor, Engineer has been appointed and paid and client decided to not proceed. 

All other optional extras will only be completed once proof of payment is received and be completed/available / delivered as per arrangement with Supplier, subject to availability and in the case of any strike/s or leading time for manufacturing of product/ or due to poor weather conditions the client/consumer will not keep the Company responsible for late deliveries of product. In the case of any disputes that may arise with regards to credits the client consents that the dispute be resolved before any credits takes place. 

IMAGES OF COMPLETED STRUCTURES

The client consents that the Company may use all photos and videos of the projects taken by contractors/the company or supplied by the client (inside and outside) erected for advertising purposes.  In the event that the client supplied or installed any products/appliances this still forms part of the project. The client also consents that the Company may use the erected structures as “Show Houses” to show prospective clients.

In considering all the relevant circumstances, a failure or defect in the goods will remain as such regardless of whether they are latent or patent and goods cannot have failed or have a defect merely because a better product is now on the market (s55(5) of the CPA) In terms of the CPA, the burden of understanding the agreement has shifted from consumer to supplier, who must ensure that the agreement is in plain and understandable language and that the consumer receives a breakdown of his financial obligations.  All projects are insured at Santam Mirabilis from date of construction and on completion of project and then Workmanship Warranty will be issued and the unit will be removed from the Santam Mirabilis Insurance on day of completion or if otherwise stated on issuing of occupancy certificate by Council.

DISPUTES

Any disputes, question or difference arising at any time between the parties to this agreement out of or in regard to any matters arising out of or rights and duties of any of the parties hereto, or the interpretation of, or the termination of or any matter arising out of the termination of or the rectification of this agreement, shall be referred to arbitration by either party, which arbitration shall be conducted in accordance with the prevailing rules of the Arbitration Foundation of Southern Africa or its successor in title as at the date of the cause of action or dispute arising. This clause shall constitute each party’s irrevocable consent to the arbitration proceedings, and no party shall be entitled to withdraw there from or to claim at such arbitration proceedings that it is not bound by this. Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings shall be final and binding on each of them; will be carried into effect; and can be made an Order of the Court in the appropriate jurisdiction governing the cause of action.  This clause shall be severable from the remaining provisions of this agreement and shall continue to be of application, notwithstanding the cancellation or purported cancellation of this agreement; this clause shall not prevent any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction in interdict proceedings or similar relief.  In the case legal representation maybe required and the Company needs to appoint an Attorney for non-payment or compliance of agreement, the client will be kept liable for any legal costs incurred according to the South African Laws.