Terms and Conditions

1. Upon signing this agreement, the conditions herein contained are binding upon all parties and no agreement contrary to the conditions herein contained shall be binding upon any party unless reduced to and contained in writing and signed by all the parties. No extension, indulgence or realization of the conditions hereof shall prejudice the party granting such extension, relaxation or indulgence and shall not constitute any rights or obligations.

2. For the purpose of this agreement, the following shall mean “Contractor” WILHESCO, “Customer” the person whose signature appears on the fact of this agreement.

3. The contractor undertakes to make every effort to carry out this agreement, but the due performance hereof is subject to variation of cancellation due to strikes, lock outs, fire, flood, or any other causes beyond the control of the contractor. The parties agree that the contractor shall be excluded from any liability contingent or otherwise in respect of such variation or cancellation.

4. It is agreed that any alterations requested in design, quantity or specification and any suspension of work occasioned thereby will involve adjustment to the contract price. The customer shall be liable for all costs for the additional work.

5. The contract price is net. 100% payment for material to be collected from the factory or delivered to site. For Projects 70% is payable upon signature and before delivery takes place, another 20% when material is n site and the remainder within 7 days after completion. The customer agrees to interest charged on any outstanding fees, calculated from date of statement. In the event of legal action necessitated due to non-payment, the customer will be responsible for all legal costs and collection fees. If the customer is in breach of this agreement, the customer will be held liable for the costs incurred by Wilhesco on Attorney and Client scale. Compensatory damages will be payable at a rate of R6’000.00 per day will be charged should work be stopped due to non-payment. Additional preliminary and general fees will be charged if the work teams must leave the site and return at a later stage due to non-payment.

6. In the event of the contractor tor accepting payment of the balance of the contract price in instalments and should the customer fail to comply with any of the conditions herein contained, or to make payments of the instalments punctually on due date, the full outstanding balance shall become payable immediately on demand. Until the full contract price has been paid, ownership of the work done shall vest in the contractor.

7. This contract is based on the ground being of normal pick-able soil, should it be other than normal ground any extra costs involved shall be borne by the customer if Jack Hammer is used or blasting is done. No stone or soil will be removed by contractor.

8. The contractor undertakes to make every effort to commence with the work and complete same within reasonable time, but it is agreed that the contractor shall not be responsible for any claim resulting from any delay in respect thereof from whatever cause arising.

9. THE CUSTOMER UNDERTAKES TO:

   • a. Supply all necessary water for drinking & planting and electricity on site

   • b. Ensure the safe custody of the contractor’s equipment and material during the construction of work.

   • c. Provide offloading / storage space for all the contractor’s equipment and material.

   • d. Provide access to the property.

   • e. Provide toilet facilities for the contractor’s employees.

10. In the event of statutory increases in prices of material or labor after the conclusion of this agreement, such increases shall be borne by the customer.

11. It is an express condition of this agreement that the customer shall not interfere with the construction work.

12. Should this agreement be cancelled for any reason whatsoever the parties hereby agree that the contractor may retain all moneys already paid as liquidated damages, alternatively the customer shall be liable for any damages the contractor may sustain or alternatively the customer shall be liable to pay an amount of 20% of the contract price, as pre-estimated damages, the choice of which remedy shall be in the sole discretion of the contractor.

13. The contractor shall not be held liable for any damages or loss to plants, shrubs, lawn, walls or other property during construction on delivery of the work and shall also not be held liable in the event of the ground caving in or any subsidence thereof. The customer indemnifies herewith the contractor against any claim or liability which may be instituted as a result thereof. The customer also indemnifies the contractor against the damage to underground installations.

14. The customer hereby chooses as DOMICILIUM CITANDI EX EXECUTANDI his official work address in the case of a company, or home address in the case of a private person, which is to be provided to the contractor prior to any work commencing.

15. The customer shall provide to the contractor the location and area to be fenced (pegs in the ground) before the start of the project. The customer indemnifies the contractor against any claim of whatsoever nature which may arise out of the fact that the contractor may install the wall or fence in the incorrect location or area. Any rework will be charged as if it is a new installation.

16. The contractor takes no responsibility to undertake any work that has not been clearly specified in this agreement.

17. “Height” as used in the specification shall be deemed to mean “manufactured height”. The height above ground of the completed wall may not approximate the manufactured height and the supplier gives no warranty in this respect.

18. Wilhesco GUARANTEEs products for 10 YEARS after manufacturing.

19. The erected fence remains the property of WILHESCO until fully paid.

20. For Palisades all sections under 2 meters will be charged as full 2m sections and for walling 1.5m sections apply.

21. Unless otherwise agreed upon, the customer will be responsible for removing any existing fences or other obstructions. If these have not been removed at the time of installation, such removal will be undertaken by the contractor at additional cost, dependent on the type of fencing and clearing of fence line.

22. The customer shall indicate to the contractor the location of all relevant pegs. Should the customer fail to do so, then the customer hereby indemnifies the contractor against any claim of whatsoever nature which may arise out of the fact that the contractor may install the works or any portions thereof outside the boundaries of the property in question.

23. ACT OF GOD. The customer has no claims in respect of any occurrence viz. storms or wind of any nature that may damage or blow down walls.

24. WILHESCO is not subject to any SABS specifications of any kind indemnifies himself against such specifications.

25. WILHESCO accepts no responsibility in respect of color changes on concrete.

26. No concrete will be patched between panels and posts. If client requires same, additional costs will be collected.

27. The wall erected is a boundary wall and NOT A RETAINING WALL.

28. No guarantee on clay, only on normal soil.

29. One year guarantee on gates

30. Delays caused by the customer or 3rd parties the customer contracted to will be billed at the standard day rate plus other site related expenses.