COATING INDUSTRIES PTY Ltd
SPECIAL TERMS AND CONDITIONS OF PRODUCT SALES
1. The prices are nett, ex-works, Boksburg.
2. Materials supplied will remain the sole property of Coating Industries. Until payment is received in full by Coating Industries.
3. Materials will only be accepted for return within 7 (seven) days of purchase, provided they are: – sealed in their original packaging, undamaged and accompanied by the original delivery note. A handling fee of 15% will be levied on all returns.
4. Special colours or blend requests WILL NOT be accepted as product returns.
5. No responsibility or liability will be accepted for the incorrect usage or installation of any product or system. Clients must ensure that they are sufficiently proficient in the usage and installation of products purchased.
6. Upon acceptance by the client or its carrier of the material, the client assumes all responsibility and liability for loss and damages resulting from the handling, storage or use of the material. Coating Industries’ liability with respect to the material under these terms shall be limited to the purchase price of the material supplied hereunder in respect of which damages are claimed. Coating Industries shall in no event be liable for any consequential, incidental, or other damages resulting from delayed delivery, short shipment, handling storage, and use or otherwise of the product sold here under.
7. FORCE MAJUERE: Deliveries or acceptance of material sold herein may be delayed or suspended by Coating Industries or the client in the event of an Act of God, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel, power, raw material, labour, Containers or transportation facilities, government laws, regulations, order or action, breakage or failure of machinery or apparatus, national defense requirements or any other event beyond the reasonable control of such party, any of which events prevent the manufacture, shipment, or acceptance of a shipment of any material upon which the manufacturer of the material is dependent. If because of any such event, Coating Industries is unable to supply part or total demand for the material or if the client, because of any such event, is unable to accept part or total of the quantity contracted for, the effected party, shall be exempt to such extent from its obligation hereunder with respect to the delivery involved upon giving prompt notice of such event to the other party. The other party shall likewise be exempted from its corresponding obligations, but these terms shall remain in force.
8. Whilst Coating Industries shall make reasonable efforts to meet any time for delivery, it shall not be liable for any losses or damages whatsoever claimed by the client should it fail to meet the dates and times agreed upon.
9. Whilst every endeavor will be made to match our laboratory prepared samples, colour variance of different batches and the different size of the lab sample to the contract area, could result in minor colour variations. Whilst every effort will be made to match the sample, no guarantee can be given that the colour sample will be achieved.
10. WARRANTY: Coating Industries makes no warranty whether of merchantability, fitness for purpose or otherwise express or implied concerning the material other than that it shall be of the specifications stated herein. Any recommendations made by Coating Industries concerning the use of the materials are believed to be reliable but Coating Industries makes no warranty of the result to be obtained. The client agrees to inspect the material supplied hereunder immediately after delivery and to give notice in writing of any claim within 30 (thirty) days of delivery. Failure to give notice in writing as aforesaid within the specified time constitutes an unqualified acceptance of the material and a waiver of all claims with respect thereto.
11. Our quotations are valid for 7 (seven) days. Please note that in terms of the continuing excessive input costs increases Coating Industries reserves the right to cancel any orders placed but not delivered by the effective date of a supplier’s price increase.
12. Terms of payment are strictly cash on delivery or payment by electronic transfer- unless approved credit arrangements are in place.
13. Interest will be charged on accounts not paid on delivery in accordance with the terms of this quotation at the prime bank overdraft lending rate as determined by FNB bank or at 4% Pm, whichever is highier.
14. Should Coating Industries institute legal action for the recovery of any amount due then the client shall be responsible for all legal costs incurred by Coating Industries on an attorney and own client scale.
15. These terms shall be binding on the successor and assigns of the client and Coating Industries provided however, the client shall not assign this agreement in whole or in part without the prior written consent of Coating Industries.
16. This agreement constitutes the full understanding of the parties and a complete and exclusive statement of the terms of their agreement. Except as otherwise provided in this agreement, no condition, understanding or agreement purporting to modify or vary the terms of this agreement shall be binding unless hereafter made in writing and signed by the party to be bound and no modification shall be effected by the acknowledgement or acceptances of any purchase order, invoices or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein. No waiver by either Coating Industries or the client in respect of any breach or default of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or any other right or remedy unless such waiver be expressed in writing and signed by the party to be bound.
17. The validity, interpretation and performance of this agreement shall be governed and construed in accordance with the laws of the Republic of South Africa.
THE COATING INDUSTRIES TERMS AND CONDITIONS WILL BE APPLICABLE, UNLESS CONFIRMED DIFFERENTLY IN OUR QUOTATION APLLICABLE.
SPECIAL TERMS AND CONDITIONS OF PROJECT WORK.
1. The prices are nett and exclude Value Added Tax. 2. Orders must be accompanied by a copy of the customer’s company Vat certificate. 3. We require ready access to the working area for the duration of the contract, one continuous possession of such works area, with continuity of work, unhindered for the relevant number of days.
4. The client is to provide free water (min 3.5 bar), conforming to the SANS 241, power (220V 30A, 380V 30A) and lighting in the works area. Electrical connections (to 380V-Phase 3 Phase supply) by qualified electricians are required and provided by the client.
5.Should delamination occur in the coating, because of a defect or contamination of foreign materials in the sub-base or base upon which the system is applied, such delamination will not be covered by our guarantee.
6. Unless otherwise stated, the substrate onto which the system is to be applied shall have a minimum compressive strength of 25 MPa.
7.Should the porosity of the substrate be such that the use of materials applied to the substrate is more than the application rate stated above or in the manufacture’s data sheet, the cost of applying the additional materials will be borne by the client.
8.Installation dates are subject to material availability from suppliers and Coating Industries cannot be held responsible for any delays whatsoever.
9. We do not accept any penalties to our contract program as a result of adverse climatic or substrate conditions, causing non-continuity or delays to our program. 10. Costs will be claimed for standing time of our labor, through reasons beyond our control, causing such standing time on site at the rate of our Standard Day Work Rates, available on request.
11. Should Coating Industries, through its own efforts, accelerate the program and complete the project in less days than quoted, the saving in project time and associated savings which may occur will not be credited.
12. Whilst every endeavor will be made to match our laboratory prepared samples, colour variance of different batches and the different size of the lab sample to the contract area, could result in minor colour variations. Whilst every effort will be made to match the sample, no guarantee can be given that the colour sample will be achieved.
13. Negotiations to commence the contract will only start on receipt of the official order. We require enough time to plan the contract efficiently.
14. In the event of our team(s) arriving on site and not being able to proceed with work, a minimum call-out fee for site establishment of R2500.00 plus Value Added Tax will apply.
15. DUST GENERATION– DISCLAIMER: It may be necessary to conduct surface preparation by jackhammering, cutting, or grinding with equipment that generates dust as a result. The client Coating Industries WILL NOT be held liable for any damage caused or cleaning which may be required on completion of the works, because of such dust generation.
16. RUBBLE REMOVAL: Unless specifically and separately quoted, the cost of rubble removal is excluded from our quotation. We will, however, provide manpower to load the rubble generated from our surface preparation and project application into rubble bins on site, provided free of charge by the client placed in the working area.
17. To avoid the levying of standing time costs, all free-standing equipment is to be removed timorously from the area, by others.
18. Any additional work instructed by the client/client’s representatives, outside our original scope of work, will be charged for on our Standard Day Works Rates.
19.Dry, secure storage facilities are to be provided at no extra cost to us. 20. Coating Industries accepts no liability for any loss or damage to plant/equipment, machinery or computer systems and programs which might arise because of electrical power failures or surges on the premises of the client, whether caused by construction equipment demands or any other cause.
21. Should cracking occur in the coating system because of cracking of the base onto which the system is applied, such cracking and resultant repair will not be covered in our guarantee.
22. BUBBLES IN COATING, LINING OR SCREED SYSTEMS: Vapour trapped in concrete with poor compaction/voids may rise through the capillaries of the concrete into the film of the resin system during or after application to a combination of climatic conditions, causing bubbles to remain in the resin system. The resulting repair or reworks which may be required are strictly for the cost of the client for both labour and materials, as this atmospheric or concrete condition cannot be controlled by the team on site during application.
23. Trowelled and self-leveling screeds follow the underlying substrate, Epoxy screeds will sometimes show undulations and trowel marks, as they cannot be levelled with a straight edge, as will cementitious screeds.
24. Should additional costs be incurred as a result of inclement weather or any other condition arise on the site preventing continuation of work beyond Coating Industries’ control, such additional costs will be borne by the client.
25. Our quotation is based on normal weekday work, Monday to Friday. Should we be required to work through weekends, our overtime will apply. Saturday =+R4500/Shift/team of 1+6 Sundays & Public Holidays =+R8000/Shift/team of 1+6.
26. The work performed is subject to actual final measurement, at the quoted rates pro-rata, with price adjustment for less or more work stipulated in this quotation as such rates on the pro-rata basis.
27. Our quotation is valid for Seven (7) days. Please note that in terms of the continuing excessive input costs increases, Coating Industries reserves the right to cancel any orders placed but not delivered by the effective date of a supplier’s price increase.
28. The client shall have the right to request an addition to the work. Such a request for variation shall be in writing and shall describe the exact description of the variation requested. Coating Industries shall, within seven (7) days of the request advise the client of the cost of the variation. Coating Industries however will be under no obligation to perform the additional scope of work unless the parties reach an agreement on terms acceptable to Coating Industries.
29. Although electronic moisture tests are conducted on site prior to coating application, our guarantee will not cover damage caused in future by rising water tables, leaks, etc. and their direct resultant damage to the coating system.
30. In the event of the area quoted being reduced by the client on site, the quoted rates will be subject to re-costing and an increase in such rates will apply.
31. Protection of including but not limited to plant, equipment, building and furniture. The client hereby agrees that it is his, or her or its sole responsibility to ensure that the necessary protective measures are taken by covering all related material including equipment with plastic to safe guard accidental spillage during the course of the works being conducted by Coating Industries and will not be held liable for any damage caused what so-ever should the client fail to adhere to this safety precaution.
32. CONSEQUENTIAL DAMAGES: Coating Industries does not accept any consequential Damages whatsoever that may arise from its scope of work.
33. The client undertakes to ensure the works until handover of contract by Coating Industries and full payment of the contract price is received. Should such comprehensive all risks work insurance be required, Coating Industries will obtain the relevant quotation on behalf of the client costs thereof to be borne by the client.
34. Materials supplied at the premises of the client will remain the sole property of Coating Industries until payment is received in full by Coating Industries.
35. Terms of payment are strictly on completion of work (COD) or submission of progress invoice. (50% deposit with order and balance on completion of work or thirty (30) days from invoice on approved credit).
36. Coating Industries shall have the right to suspend work, in the event that the client is in breach of its payment obligations. 37. Interest will be charged on accounts not paid in accordance with the terms of this quotation at the prime overdraft lending rate as determined by FNB bank.
38. Should Coating Industries institute legal action for the recovery of any amounts due then the client shall be responsible for all legal costs incurred by Coating Industries on an attorney’s and own client scale.
39. These terms shall be binding on the successor and assignments of the Client and Coating Industries provided however, the client shall not assign this agreement in whole or in part without the prior written consent of Coating Industries.
40. This agreement constitutes the full understanding of the parties and a complete and exclusive statement of the terms of their agreement. Except as otherwise provided in this agreement, no condition, understanding or agreement purporting to modify or vary the terms of this agreement shall be binding unless hereafter made in writing and signed by the party to be bound and no modification shall be affected by the acknowledgment or acceptances of any purchase order, invoices or shipping instruction forms containing terms or conditions at variances with or in addition to those set forth herein. No Waiver by either Coating Industries or the client in respect of any breach or default of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or any other right or remedy unless such waiver be expressed in writing signed by the party to be bound.
41. The validity, interpretation and performance of this agreement shall be governed and construed in accordance with the laws of the Republic of South Africa.
The Coating Industries terms and conditions will be applicable, unless confirmed differently in our quotation applicable.