1a.          Upon placing the order, either verbally or in writing, the Client acknowledges that all conditions as stipulated below have been noted and accepted by the Client.

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  b.          This contract is irrevocable and may not be cancelled by the Client unless agreed in writing by the Contractor.

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2a.          Should there be any dispute by the Client relating to the completion of the works, the Client shall not be entitled to a retention of excess of 5% (five per centum) of the 

               contract price, and the Client’s remedy for claims in excess therefore (if any) shall be limited to legal action against the Contractor. Any legal action brought against the 

               Contractor by the Client or the Client’s representative shall be limited to the jurisdiction of magistrate’s court only and in the geographical area of the Contractor’s place

               of work. The Client shall furthermore not be entitled to withhold payment for any amounts due to the Contractor by reasons of any disputes relating to sub-contractors works.

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  b.          The Client assumes all responsibility and liability for consequential loss or damage resulting from work carried out and indemnifies us against any claims made by third parties

               for damages sustained.

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  c.          The Contractor shall only be responsible for damage caused by negligence of its employees and then only to repair the actual damage caused.

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3a.          The terms of payment are as stated on the bottom of the quotation and may not be varied otherwise than in writing, duly signed by the Contractor. The amount payable in this

               contract will become due on completion of the work specified.

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  b.          The Client hereby agrees that in the event of his failing to make payment of any amounts or instalments due hereunder on due date, then and in such event, the Contractor shall

               be entitled to declare the total balances still outstanding in respect of capital and interest, immediately due and payable and the proceed forthwith against the Client for

               recovery thereof, together with interest thereon at the rate of 15% (fifteen per centum), calculated from the date upon which the total amount is declared due and payable up to

               the date of payment by the Client. Following progress payments made to the Contractor by the Client, the Client acknowledges that work portions completed and paid for are in

               full accordance with the contract entered into and indemnifies us against any claim to the contrary thereafter.

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  c.          In the event of any amount due to us being handed to an attorney for collection, the Client shall pay such attorneys costs including collection commission on the attorney and

               Client scale.

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4.            Notwithstanding anything to the contrary herein contained, the Contractor shall not be liable for failure to commence work or supply/install items due to vis major, Act of God,

               fire, flood, strike or other labour disputes, accidents, war riot act of Government or such similar circumstances, directly or indirectly beyond the control of the Contractor.

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5.            In the event of non-payment of the Contractors account, the Contractor reserves the right at the Contractors discretion to remove items supplied/installed by the said

               Contractor. Ownership of all items supplied or installed by the Contractor remains the property of the Contractor until paid for in full by the Client. In the event of effecting

               action as stipulated under clause 6, the Contractor reserves the right to proceed against the Client in full accordance with clause 3, items b and c above in addition to action

               already effected under clause 6.

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6a.          Advise, recommendations and/or specifications proposed either in the Contractors quotation or by other communication means, are provided in good faith by the Contractor.

               The Client accepts all risk in respect to the accuracy of the aforementioned when authorising the Contractor to continue with contractual works proposed by the Contractors 

                and indemnifies the Contractor against any claim in respect thereof.

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  b.          Notwithstanding clause a above, the contractor does not purport to be an engineer, architect or similar professional service provider. In the event of ensuring the accuracy

               and/or technical correctness of any proposal, recommendation, representation and/or specification etc., the onus is on the Client to appoint, obtain advice or similar, from a

               professional service provider of his/her choice, at the discretion of the Client. Unless specifically included in the Contractors quotation and/or alternate communication format,

               professional fees are excluded by the Contractor and do not form part of the Contractors quotation.

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7.            The conditions set out above and on the quotation are the only conditions which apply to this contract and no other terms, conditions or representations shall be of any effect

               whether made prior to or subsequent to the date hereof unless confirmed by us in writing.

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