Perma-CURE
Telephone 011 504 2970083 302 2166  

We convert water & moisture-damaged
buildings into problem-free structures

Terms and Conditions
  1. Perma-Cure hereinafter called "the Company", hereby undertakes to carry out all work as per the Quotation accepted by the Client. The contract formed by the acceptance by the Client of the Quotation shall be subject to the terms and conditions set out below.
  2. The Company will purchase all materials necessary for the proper completion of such work, at its own expense and the Client will not be held liable for costs incurred thereunder. The Quotation is inclusive of such costs.
  3. The Company will employ painters, labourers and/or subcontractors as required for the work to be undertaken and will pay their wages/fees. The Client will not be held liable for any payments of such wages/fees.
  4. The Company offers the Client a _______ (_________________________) year guarantee on the exterior coating/painting system and its workmanship. Trimwork i.e. doors, window frames, eaves, facia boards, barge boards, gutters and down pipes, are not covered under the terms of this guarantee unless specifically stated in writing by the Company.
  5. Rising damp will be treated according to the Company's discretion & will carry a _______ (_________________________) year guarantee against the paint flaking and peeling. Only the areas marked on the plan will be covered by the guarantee. Should the workmanship in Clauses 4 & 5 above be found to be substandard, the Company will undertake to rectify such work entirely at its own cost.
  6. It is the Client's responsibility to cover and protect all fixtures, items, valuables, assets, movables, furniture, fittings and finishes of whatsoever nature. The Company will assist to protect the above items but will not be held liable, for any form of damage or loss to these items.
  7. The Company agrees to strictly adhere to the specifications as laid down by the manufacturer/s of products used and takes full responsibility should product failure be as a result of faulty application.
  8. Where it can be demonstrated that exact compliance with the manufacturer's specifications has taken place and the so applied product has been proved to be faulty, the Company will refer the matter back to the manufacturer on behalf of the Client.
  9. The Company is only responsible for the workmanship of the application and not the structural integrity of the building. Should defects or cracks appear as a result of either latent building defects, structural or water damage, the Company cannot be held responsible.
  10. The Company also cannot be held responsible for any damage to the coating system which is caused by mechanical means, natural disasters (hail, flooding etc.), or as a result of plumbing problems. Should the Client however experience problems as a result of any of the above factors, provided that the Client accepts full responsibility for rectification for the cause of said damage and provided The Company is able to assist, the Company agrees to undertake repair work at a minimal cost. Small repair work or touch ups may be undertaken by the Client themselves who may order the necessary products from the Company at cost.
  11. The Client agrees to pay the Company on satisfactory completion of abovementioned work, at the agreed price as listed overleaf. Payment shall be made within 24 hours after completion and may not be withheld for any reason whatsoever.
  12. Should there be conflicting agreement on whether a project has been completed "satisfactorily", the representative of the paint manufacturer may be called to arbitrate and if there is still conflict and consensus cannot be reached, an independent arbitrator from a recognized body may be called out. The decision of the arbitrator will be final and binding on both parties.
  13. Should the Client default in the due and punctual payment of all monies owing to the Company in terms of this contract, the Client agrees to be held liable for all legal costs incurred in the recovery of such monies, including attorney and own client costs and collection commission.
  14. Money is not refundable under any circumstances and no portion of contract value may be withheld by the Client for any reason whatsoever.
  15. The Client expressly renounces any claim that it may have against the Company for any cause whatsoever arising. The Client may not hold the Company liable for any loss or damage, consequential or otherwise, or injury to any person or property howsoever caused, and more particularly for any such loss caused by:
    1. any delay caused in the completion of the work to be performed by The Company in terms of the contract; or
    2. any act or omission, whether wilful or negligent, of any servant, employee or authorized agent.
  16. The above residential address shall be the domicilium citandi et executandi of the Client for all causes of action arising herefrom.
  17. Each party hereto hereby consents in terms of section 45 of Act 32 of 1944, or any amendment thereof or substitution therefore, to the other party or parties taking any legal proceedings for the enforcement of any rights under this agreement or for the recovery of monies claimable under this agreement, or for cancellation thereof, damages or otherwise, in the magistrate's court of any district having jurisdiction by virtue of section 28(1) of the aforesaid Act, without prejudice to the right of any party to institute proceedings in the High Court.
  18. The contract is irrevocable and cannot be cancelled unless agreed to in writing by the Company in which event an amount equivalent to 25 per centum of the contract price as set out overleaf, shall be paid out to the Company by the Client, as agreed liquidated damages sustained by them by reason of the cancellation aforesaid. Such payment for damages shall be payable within 72 hours after acceptance of the cancellation aforesaid.
  19. The starting date shall be the date stated overleaf. In the event of a delay, The Company will inform the Client timeously as to the amended starting date (not more than 21 days from date agreed).
    1. Should the Client delay the starting date by more than 14 days from the agreed starting date, or cause any delays, once The Company has commenced work, the Client accepts responsibility for additional costs due to increase in labour/material costs.
    2. Should the Client request that The Company remove their workers from site for any length of time during the contract period, the Client agrees to being charged a standing time rate for each day spent off-site. The standing time rate will be calculated at the rate of the daily labour cost of the team employed.
    3. The Company will make every endeavour to complete the project by the date specified as the estimated completion date but cannot take responsibility should completion be delayed by factors outside their control.
  20. This Agreement is legal and binding on both parties.
  21. This agreement constitutes the sole and entire agreement between the parties and no warranties, representations, guarantees or other terms and conditions of whatsoever nature not contained or recorded herein shall be of any force or effect.
  22. No variations of the terms and conditions of this agreement or any purported consensual cancellation thereof shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.
  23. No indulgence which either party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
  24. Both parties agree that they are authorized by law to enter into this Contract and that they are in a fit mental and physical state of health.
  25. In the event that the Client is a company, close corporation or trust, the person signing this contract on behalf of the Client hereby binds himself/herself, renouncing the benefits of excursion and division, to the Company as surety and co-principal debtor for the obligations of the Client arising from this contract and shall be bound by the terms and conditions set out above, mutatis mutandis.
  26. Both parties agree that they have read and understood all the above clauses.
 
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