1. The Owner hereby warrants that he/she is the registered owner of the property where the work is to be carried out or alternatively the he/she is authorized by the registered owner to commission the work to be done.
2. Amalgamated Precast c.c. guarantee the work described hereon for a period of ten years from the date of completion and payment in full, after which period they shall not be responsible for any defects, patent or latent, or from any departure or alleged departure from the original specification, plan and/or instructions.
3. The tender expires 30 days after the date hereon unless expressly extended in writing beyond that period.
4. Amalgamated Precast c.c. shall not be liable for any delay or damage caused by strikes, lock-outs, civilian commotion, shortage of essential materials, inclement weather, or any cause, but undertake to notify the Employer in advance of the date of which the work is scheduled and make every endeavor to commence on that day and complete the work as expeditiously as possible.
5. Amalgamated Precast c.c. shall not be responsible for damage to any underground installations and the Employer hereby indemnifies Amalgamated Precast c.c. against claims made by reason of any such damage.
6. This tender is based on the ground being composed of normal pickable ground. Should it be otherwise, any extra labor cost or the cost of the plant hire shall be bourne by the Employer.
7. Amalgamated Precast c.c. shall not be responsible for damage caused by cavong ground and/or the subsidence thereof and/or any vet or vis major and corus fortuitous. The Employer hereby indemnifies Amalgamated Precast c.c. against any claim that may be made as a result thereof.
8. The customer acknowledges that inherent in the product supplied are hairline cracks which do not affect the structural soundness of the product and that the slabs are not identical and vary slightly in colour as well as shape. The Customer accepts the product accordingly.
9. It is recorded that palisade fencing slabs are susceptible to minor cracking; which cracking will be remedied by the use of an epoxy glue.
10. The Employer undertakes to take all necessary steps to ensure that the work may be commenced on the scheduled date and continue without interruption by clearing the site of all obstructions of the vicinity of the work to be done. Should the Employer be unable to comply with the clause for any reason whatsoever he undertakes to notify Amalgamated Precast c.c. of this fact at least forty-eight hours in advance of the scheduled date, upon which notification Amalgamated Precast c.c. will clear the site and debit the Employer with the costs thereof. Amalgamated Precast c.c. without prejudice to any other rights under this agreement reserve the right to delay commencement of the work until the site has been satisfactory cleared.
11. The Employer shall be responsible for supplying access to the premises upon which the work is to be carried out and for providing dumping space for all Amalgamated Precast c.c. equipment and material, safe custody thereof and the provision of water and electrical power.
12. Should it be necessary to move any surface, drain, rockery ornamentation, or other incidental structure or installation, the Employer shall be entirely responsible for the replacement thereof whether moved originally by the Employer or Amalgamated Precast c.c.
13. It is clearly understood that walling erected is not under any circumstances erected for use as a retaining wall.
14. On commencement of the work, the Employer or his agent, shall indicate to Amalgamated Precast c.c. or their agent, the exact position in which the wall or structure is to be erected and the Employer shall be solely responsible for any encroachment on neighboring property.
15. Amalgamated Precast c.c. undertakes to prepare and submit for approval any plans, specifications etc. required by any local Authority at the Employers cost. Should such Authority also require survey or identification certificates, such must be provided by the Employer.
16. This quotation is subject to final measurement and adjustment after completion at the rate per meter as quoted.
17. Should the Employer require that work be carried out by Amalgamated Precast c.c. which is an addition to that described and quoted for hereon, such work shall be detailed, costed and accepted on a separate tender form.
18. Payment for the work covered by this agreement shall be made:
a. In cash on completion of work.
b. On terms as set out more fully in the appropriate payment agreement.
19. Should the Employer not pay Amalgamated Precast c.c. on due date, then the Employer undertakes to pay Amalgamated Precast c.c. interest on the overdue account at the legal interest rate of 15.5% per annum (1.3% per month) from the sue date until settled.
20. After completion of the works, Amalgamated Precast c.c. undertake to leave the site in a tidy condition, and to remove all tools, equipment and surplus concrete material, but shall not be liable to clear the site of any rubble or refuse which may be on the site as a result of action by another party.
21. A cancellation fee of 10% of the gross price is applicable to the contract.
22. Upon signature hereof this shall supersede any prior agreement relating to the subject matter contained herein and the aforegoing together with details overleaf, shall represent the entire agreement between the parties, and no other warranties, undertaking or agreement shall be of any force or effect whatsoever unless the same shall be in writing and signed by both parties hereto, or their agents duly authorized in writing.
23. All reference to the masculine gender shall include feminine gender and visa-versa.
24. Ownership of all equipment and material delivered to the property shall remain vested in Amalgamated Precast c.c. until contract price is paid in full.
25. In the event of any dispute in terms of this contract, such dispute shall be referred to an arbitrator and whose decision shall be binding on both parties. The Arbitrator shall be appointed by the President of the East London Attorneys Association. The Arbitrator shall determine the procedure to be followed and shall determine who shall pay for the costs of the arbitration.
26. Under no circumstances may any gate be fixed into any pillar, concrete pole or panel.
27. WALL RAISING: The heightened section of the wall will mirror/conform to the old wall’s defects & we cannot guarantee the same pattern slabs or the same size poles.