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These
terms
apply
whenever
IndeServe
provides
goods
and
services
for
customers.
1.
Quotation
Our
quotations
remain
available
for
one
calendar
month.
Prices
we
quote
are
based
on
the
cost
of
labour,
materials,
customs
duties,
sales
tax,
transport
charges,
marine
insurance
rates
and
any
other
government
charges
we
have
to
pay
from
time
to
time.
If
between
the
dates
of
quotation
and
completion
of
the
work
there
are
variations
in
these
costs
the
quoted
prices
will
be
subject
to
amendment
to
provide
for
such
variations.
For
labour
escalations,
base
rates
will
be
taken
as
minimum
award
rates
together
with
a
margin
of
twenty
five
percent
as
set
by
the
relevant
union
of
workers.
2.
Payment
You
agree
that any
progress
payments
will be
paid on
the 20th
of the
month
following
the
invoice.
Any
maintenance
retentions
are to
be paid
fourteen
days
after
completion
of the
contract;
any
failure
to make
these
payments
without
any
deductions
whatsoever
on the
specified
due
dates
shall
attract
interest
at the
rate of
3% above
our
trading
bank
overdraft
account.
3.
Force
Majeure
We
cannot
accept
any
responsibility
or
liability
for the
delay or
damage
caused
directly
or
indirectly
by
weather
conditions,
labour
disputes,
strike,
lockout,
accident,
fire,
act of
God or
the
Queen’s
enemies,
epidemic,
blockade,
embargo,
inability
to
obtain
fuel,
power,
raw
materials,
labour,
transportation
facilities,
governmental
laws or
regulations,
labour
or civil
commotion,
riots,
crime,
or any
event
(whether
of a
similar
or
dissimilar
nature)
that are
beyond our
control.
4.
Ownership
It
is a
condition
of the
contract
that the
above
mentioned
system
and
works
and all
it’s
component
parts
and
appurtenances
shall
remain
our sole
and
absolute
property
until
the
contract
price,
together
with all
moneys
and
interest
(if any)
payable
for
extras
or other
work
done (if
any)
shall
have
been
paid
without
any
deductions
whatsoever
and upon
default
in
payment
of any
progress,
final or
other
payment
as and
when
due, we
may at
our
discretion,
with
servants,
workmen
and
others,
enter
upon any
premises
in which
the
installation
of parts
or parts
thereof
may be
and
remove
the same
or any
parts or
any
goods to
the
value of
the work
done and
turn off
water
and
perform
any act
reasonably
necessary
to
facilitate
such
removal
and
without
any
liability
for any
loss or
damage
occasioned
thereby
and
without
prejudice
to our
other
rights
under
this
contract
or
otherwise
at law.
5.
Facilities
You
agree to
provide
at your
cost
sufficient
safe
storage
for our
materials
and
working
space
required
for the
efficient
performance
of our
work.
You also
agree to
provide
at your
cost the
uninterrupted
use of
light,
electricity
or other
power
and
other
facilities
as we may
reasonably
need,
including
use of
telephone
and
goods
and
passenger
lifts,
hoists
and
builders’
scaffold,
if such
facilities
exist.
6.
Overtime
Unless
specifically
stated
otherwise,
our
quote
provides
for work
to be
done on
week
days
during
normal
working
hours
and
should
it
become
necessary
to work
on other
days or
after
and/or
before
such
hours at
your
request
owing to
machinery
in
motion,
public
congestion
or other
circumstances
rendering
impracticable
or
hazardous
the
carrying
out of
this
work
during
such
ordinary
working
hours,
you
agree to
be
liable
and pay
extra
cost.
7.
Extras
Whenever
any
alteration
or
addition
to the
building,
equipment,
appliances,
fittings
or
fixtures
after
our
survey
or by
any
alteration
made to
the
plans
the
quote
was
based
on, or
by any
delay in
the
continuity
of the
work
caused
by any
act or
default
on your
part, an
extra
cost
will be
incurred
to the
contract.
8.
Damage
to
Property
Any
damage
happening
to the/your
property
during
the work
of
installation
and
directly
caused
by our
negligence
or
default
shall be
made
good
only if
reported
to us in
writing
immediately
after
it’s
occurrence.
Any
claim is
limited
to the
maximum
amount
payable
under
our
Public
Liability
Insurance.
9.
Arbitration
If
there
should
be any
dispute
or
difference
arise
between
us as to
the
construction
of the
contract
or as to
any
matter
or thing
or
whatsoever
nature
arising
thereunder
or in
connection
therewith
then
such
dispute
or
difference
shall be
referred
to
arbitration
in
accordance
with the
provisions
of the
Arbitration
Act 1908
and its
amendments
or any
similar
Act for
the time
being in
force.
10.
Discounts
Any
discounts
only
apply if
the
final
invoice
is paid
on the
due date
(see
paragraph
2). The
discount
amount
will be
deducted
from the
final
account
and not
progress
invoices.
11.
All
Goods
and
Services
Acquired
for
Business
Purposes
You
warrant
that in
terms of
Section
43 of
the
Consumer
Guarantees
Act
1993,
you are
acquiring
our
goods
and
services
supplied
under
this
Agreement
for the
purposes
of a
business
and as a
result
of this
warranty
it is
agreed
that the
provisions
of the
Consumer
Guarantee’s
Act 1993
shall
not
apply to
this
Agreement.
12.
Use of
Information
You
agree
that we
may
obtain
information
about
you or
any
other
person
(including
any
credit
or debt
collection
agencies)
in the
course
of our
business,
and you
consent
to any
person
providing
us with
such
information.
You
agree
that we
may give
any
information
we have
about
you
relating
to your
credit
worthiness
to any
other
person,
including
any
credit
or debt
collection
agency,
for
credit
assessment
and debt
collection
purposes.
In
addition,
any
other
information
collected
by us
about
you is
assessed
or
collected
for use
in the
course
of our
business,
including
direct
marketing
activities
and you
authorise
us to
use this
information
for
these
purposes.
You must
notify
us of
any
change
in
circumstances
that may
affect
the
accuracy
of the
information
provided
by you
to us.
If you
are an
individual,
i.e. a
natural
person,
you have
rights
under
the
Privacy
Act 1993
to
access
and
request
the
correction
of any
personal
information
which we
hold
about
you.
13.
Variation
These
terms
shall
not be
varied
unless
agreed
by both
parties
in
writing.
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