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1.             These terms and conditions apply to all contracts between Action Glass and Aluminium (Company) and our Clients.  Any changes to these terms and conditions will only be valid if reduced to writing and signed by both parties.  These terms and conditions will be deemed to have been accepted by the client on acceptance of the quotation, or through payment of the 50% deposit against quoted amount.

 

2.             Samples and catalogues shall not be binding on the Company, and shall only be used for illustration, test purposes, approximation of properties and specifications.

 

3.             Quotations

3.1           Quotations are valid for a period of 30 days only.

3.2           Quoted prices are based on the ruling rate on the date as shown on the quotation and will be subject to fluctuation in cost.

3.3           The quotation excludes any front or main entrance door handles unless specified otherwise on the quotation.

3.4           Glass prices in the quotation is based on the specifications as provided in the Window Schedule. Should the Window Schedule not specify obscure or white translucent for bathrooms and client requires these to be installed, the price will escalate from the original quoted price

3.5           The Company reserves the right to re-price individual items, should the quotation not be acceptable in full

3.6           If the quotation is accepted, but the site conditions do not permit work to be carried out within one month from the date of such acceptance, extra charges will be raised to cover price escalation in material and labour and storage charge

3.7           All additional goods or work and any out of scope work will be treated as a separate work requiring a quote and a new agreement.

3.8           It remains the Client’s responsibility to ensure items as per quotation are fit for the project envisaged.

3.9           Actual units in quotation (Windows & Doors) are 10mm smaller in width and height to accommodate plastering.

3.10         Please note elevation drawings provided with quotes are not to scale and are provided only as an indication of the general configuration/design of an item. Elevation drawings are always to be viewed from the outside of a building/room – “VFO” Stands for viewed from outside.

3.11         All quotes are calculated at 1000Pa wind-loading unless otherwise specified. Should a different windload specification be required please advise us in order for a revised quotation to be calculated. The company will not be held liable for incorrect windload specifications as it remains the responsibility of the Client to specify the required windload.

3.12         All quotes are calculated using industry-standard 4mm Float Glass, 6.38mm Laminated Glass Or 5mm Toughened Safety Glass, unless otherwise specified. All of them have a U-Value of approximately 5.8(W/M²).K. By accepting this quotation the Client acknowledges that they have been made aware of this and that this specification falls within the requirements as set out in SANS 10400-XA as calculated by the Client. Should a different energy specification be required please advise us in order for a revised quotation to be calculated. The company will not be held liable for incorrect energy specifications as it remains the responsibility of the Client to specify the required U-Values Per Item.

3.13         The company will not be liable for Thermal Stress Evaluations as it is the responsibility of the Client to specify the glass requirement for the project

 

 

4.             Payment terms:

4.1.          Payment will only be accepted via Electronic Funds Transfer (EFT).

4.2.          Unless otherwise agreed, all remaining amounts outstanding are to be paid upon completion of Production of Goods

4.3.          50% deposit or full payment is required upon acceptance of the quotation, and a monthly progress payment is payable (should the contract exceed 30 working days).

4.4.          For quotations amounts of R15 000.00 Excl. VAT or below, the full amount is payable in advance upon acceptance of the quotation.

4.5.          For amounts exceeding than of R15 000.00 Excl. VAT (R17 250 Incl. VAT)

a. 50% deposit is required of the quotation amount upon acceptance of the quotation

b. The remaining 50% upon completion of Production and before placement of goods on Site and Installation can be    commenced

4.6.          Should the client fail to make payment by the due date, he will automatically be in default of payment. Any default on payment will result in interest being charged at the ruling interest rate of First National Bank plus 2.5%, calculated per day on the outstanding amount

4.7.          All goods remain the property of the Company until full payment is received.

4.8.          Service and repair work to existing doors, windows, frames and showers quoted amount must be paid for in full prior to work carried out.

4.9.          The Company shall send final demand letters to customers with accounts older than 14 calendar days.  Should the client not respond to the letter within 14 calendar days, the Company reserves the right to institute legal action to protect its rights.

 

 

5.             Delivery terms:

No orders will be processed without receipt of the following:

5.1.          Signed terms and conditions, signed quotation and proof of payment of deposit.

5.2.          Payments as per Clause 4.3, 4.4 and 4.5 will be required before any works shall commence.

5.3.          Extensive installation delays caused by the client shall result in full payment being required before installation is completed.

5.4.          In the event of cancellation of an order after acceptance of the quote, a handling fee will apply as follows:

(i) Production Orders

a.10% Handling Fee if the order is cancelled after payment but before “Final Measurement”

b. 20% Handling Fee if the order is cancelled after “Final Measurement”. For account customers, 20% of the order value will be charged as a handling fee

c. Full Deposit will be forfeited if the order is cancelled after sign-off on “Final Drawings”. For account customers, 50% of the order value will be charged as a handling fee

(ii) Repair & Showers Orders

b. 20% Handling Fee if the order is cancelled after payment. For account customers, 20% of the order value will be charged as a handling fee

 

5.5.          Products manufactured according to Client specifications will only be placed into production once the shop drawings have been signed off by the Client, confirming the Client’s acceptance. This is in addition to documents signed in clause 5.1,

5.6.          Lead times - Project lead times are calculated from the date of receipt of documents as required in clause 5.1 & 5.5.

a. All orders will be supplied within 10-18 working days for locally sourced products. Note for larger projects where longer timeframes are required the client will be informed and supply timelines will be coordinated with clients.

b. Where products need to be imported the lead times will be 8-12 weeks. 

 

6.             Warranty:

6.1.          Where we provide materials and finishes on glass, infill panels, louvers, blinds, headgears, special fittings etc, our responsibility only extends as far as the manufacturer's warranty on the product. 

6.2.          Warranty excludes general wear and tear, abuse, vandalism, etc. 

6.3.          Should the design or product fall outside the SANS 10400-N scope, a competent person must be appointed by the client to provide drawings.  In this instance, the only guarantee that can be provided will be on the workmanship, as the competent person takes full responsibility. 

6.4.          Company warrants for 1 year from the date of installation of the Doors, Windows & Showers that they will be free from defects in design, material and workmanship.

6.5           Should our product be installed by others service providers, no guarantee will be given once the materials leave the premises of the Company.

6.6.          When replacing existing window frames, the Company will not accept liability for damage to tiles, damp, roof coursing, wallpaper and or paintwork.

6.7.          Warranty on products is limited to the manufacturer's Warranty. The warranty period, as given below, is a guideline and subject to change as advised by product suppliers from time to time. No moving parts, handles, rollers will be covered under product warranty

a. Glass Defects – 1 Year

b. Powder Coating – 10 Years

6.8.          Glazing Certificate will not be provided if the project is based on a “Supply Only” basis

6.9           Glazing Certificates are only issued for development and full project production & installation

 

7.             Site and Installation

7.1.          Should measured sizes fall outside the normal scope of +/- 10mm, the Company will not be held liable for delays or additional costs to overcome such discrepancies.

7.2.          The contractor/client takes full responsibility upon delivery of goods to the site and during the installation.

7.3.          Client to provide all access, including scaffolding, and should be supplied and erected at no cost to the Company and should conform with the building and health and safety requirements.  Where necessary hoisting, cartage and storage facilities are required to lift materials, personnel, tools etc. for the proper performance of work, as well as loading out on all floors, prior to the crane removed from the site, this will be included in the definition of access provided by the client.

7.4.          No provision for special protection from other trades was made, and any damage caused shall be for the account of the contractor/client. As an added service at no cost to the client, the products are provided and Installed wrapped and the wrapping is only to be removed once all other trades have finalized their works. However, the wrapping is not a guarantee against damage to the product from other trades while works are being completed by them.

7.5.          Measuring and agreeing on the sizes of units will take place together with the Client prior to the manufacturing thereof. It remains the client's responsibility to supply finish floor level height and floor covering thickness. The final floor height given to the Company will be used for manufacturing. Doors will only be measured once the floor screed has been cast to ensure a flush floor finish. Should the Client instruct us to manufacture prior to the finalizing of the screed, The company will not accept any responsibility for incorrect floor levels. Reveals must not be plastered prior to installation of windows and doors.. No responsibility will be taken by the Company should incorrect measurements or information be provided. If any subsequent alternation or variations are required for accommodating incorrect measurement or information, the cost will be for the client's account.

7.6.          No Automatic door guides or rails will be installed until the final finished floor is complete.

7.7.          The Contractor/client will ensure an adequate free supply of electricity, to enable the Company undisturbed installation of aluminium units.

7.8.          Any cutting, drilling into tiles remain the sole responsibility of the Client. If Company is requested in writing by Client to perform this work and is accepted by the Company, the Company will not accept any responsibility for damages, breakages, or completion of any wet works, plumbing works or electrical works. Also, should the Company be required to drill holes in any finished floors/walls for the purpose of installation Flush Bolts, Stopper and the likes, the company will not be held liable for breakages or for completion of any wet works.

7.9.          The Company accepts that openings have been properly built or constructed to specification and measurements and accepts no responsibility for delays / errors during installation due to incorrect opening sizes.

7.10.        The Company does not accept responsibility for existing reveilles, sills or apertures that are out of level or not square.

7.11.        The Company will not be bound to any verbal statement or representations, which maybe made by any employee or representative or person acting or professing to act on behalf of the Company or the Installer.

7.12.        It is the client’s responsibility to indicate in due time where any plumbing works or electrical wires are located. In the event Company is not informed, the Company will not accept any responsibility for damages or breakages to plumbing or electrical works.

7.13.        The Company will not be held liable for any damages during or after installation of frameless showers due to distorted walls at the site of installation. Any replacement or reworks will be for the account of the contractor/client.

7.14.        Should hinge doors need to be fitted, kindly ensure that tiling is complete, in order for the Company to manufacture the door accordingly.

7.15.        While every effort shall be made not to damage existing property, the Company shall not be liable for any damages, breakages, wet works and repairing of plaster, tiling, painting and cleaning on-site consequent to the installation process.

7.16.        Where products are installed by other installers than the Company, the Client takes full responsibility for the occurrence of any damage to the products.

7.17.        Upon completion of Installation, Client will be requested to sign off on the satisfactory installation of goods. In the absence the Client or of an authorised person to sign off on behalf of the Client, it will be assumed that installation was done satisfactorily and Company will not be held response for any re-works.

 

 

8.             Double Glazing / Integrated Blind Units

8.1.          Where double glazing/blinds units are installed by other installers than the Company, the Client takes full responsibility for the occurrence of any damage to the units.

8.2.          The Company recommends the use of SG71 structural silicone on all double glazed / blind units.  No acid-based silicone or putty should be used on these units.

8.3           Should the above not be adhered to, the Company will not be held liable for the failure of these units.

8.4          

 

 

9.             General

 

9.1.          No goods are returnable for credit.

9.2.          The Company endeavours to deliver goods on due date but cannot be held liable for circumstances beyond its control.  The Company shall, where possible, inform client where matters might result in delay in the completion date.

9.3.          It is the policy of Company to enter into a formal written agreement with our Clients. This agreement supercedes any prior written agreements as well as any verbal agreements. Should any discrepancies arise we will revert back to the signed agreement as predominant.

9.4.          No Telephonic/Verbal communication will be accepted as a contractually binding agreement/acceptance of responsibility between Company and Client. The Company will only accept written communication as a confirmation of accepted quotes, finalized drawings and site sign-off upon completion of works.

 

10.           Legal

10.1.        All legal costs and disbursements of the Attorney’s account shall be for the Client’s account, should the Client be in default.

10.2.        The Parties agree to the jurisdiction of the Magistrates Court in the area where work is done.

10.3.        Should the client, or its representative not be available on the agreed installation date; or upon completion of installation for inspection of the units installed and delivered; and therefore be unavailable to sign the Site Sign-off Form, it will be accepted that the units and installation has been completed in a satisfactory manner and the Company Representative will sign off on the Clients behalf.