IBrothers Handyman Services (Pty) Ltd Standard Terms & Conditions The following standard terms and conditions will regulate the relationship between BROTHERS HANDYMAN SERVICES (PTY) LTD and the CUSTOMER in respect of all work effected in terms of this agreement. 1 - DEFINITIONS .1 BROTHERS HANDYMAN SERVICES (PTY) LTD – Shall mean BROTHERS HANDYMAN SERVICES (PTY) LTD professional maintenance services, an independent BROTHERS HANDYMAN SERVICES (PTY) LTD, contracted by the CUSTOMER to affect the work in terms of this agreement. .2 CUSTOMER – Shall mean the owner, or occupier of the property at which the work is to be performed, alternatively the owner’s agent who warrants that he is duly authorized to bind the owner in this agreement. .3 PROPERTY – Shall mean the CUSTOMER’S property at which the work is to be effected and shall be deemed to be at the address reflected on the face hereof, unless the contrary is stated. .4 WORK – Shall mean all work to be effected in terms of this agreement by BROTHERS HANDYMAN SERVICES (PTY) LTD at the property as specified on the face hereof, it being understood that no additional work shall be deemed to form part of this agreement unless it is specifically recorded in an addendum hereto. .5 CONTRACT PRICE – Shall be the amount payable in terms of this agreement as specified on the face hereof in respect of the work to be effected at the property as quoted for in the signed quotation. .6 PRACTICAL COMPLETION - shall mean the date on which the work has been completed and handed over to the CUSTOMER together with BROTHERS HANDYMAN SERVICES (PTY) LTD final invoice in respect of the work so completed. .7 MATERIALS – Shall mean any and all materials, appliances apparatuses to be installed, or used in the execution of the work. .8 EQUIPMENT - Shall mean such tools and machinery as may be necessary to execute the work.

 

2 – AGREEMENT .1 The CUSTOMER agrees that (a) this Agreement represents the entire Agreement between the CUSTOMER and BROTHERS HANDYMAN SERVICES (PTY) LTD and that any alternations or additions to this Agreement may not be effected unless agreed to by both parties, reduced to writing and signed by the CUSTOMER and BROTHERS HANDYMAN SERVICES (PTY) LTD; (b) this Agreement will govern all future contractual relationships between the parties, Notwithstanding receipt or acknowledgement of the CUSTOMER’S own order form or conditions; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive conditions; (e) and conflicting terms, conditions or agreements without prejudice to any securities or guarantees held by BROTHERS HANDYMAN SERVICES (PTY) LTD and; (f) this Agreement applies to all employees and sub BROTHERS HANDYMAN SERVICES (PTY) LTD of BROTHERS HANDYMAN SERVICES (PTY) LTD. .2 The Sub-Contractor hereby binds himself in his personal capacity as Shareholder (in the case of a company), Member (the case of a close corporation) or Owner, Partner, or Proprietor, as co-principle debtor jointly and severably for the full amount due to BROTHERS HANDYMAN SERVICES (PTY) LTD and agrees this agreement will apply in the same way to him as soon as any work is excepted. .3 Notwithstanding the provisions of clause 2.1 above, all orders or contracts of sale, or agreed variations thereto, whether oral or in writing, shall be bindings and subject to this agreement and may not be cancelled by the CUSTOMER. .4 The CUSTOMER hereby gives his/her consent for a credit check. .5 The invalidity of any part of the Agreement shall not affect the validity of any other part.

 

3 – APPOINTMENT .1 The CUSTOMER appoints BROTHERS HANDYMAN SERVICES (PTY) LTD to effect the work at the property and agrees that the terms and conditions as set out herein shall be the Agreement between the parties in respect of the work to be effected.

 

4 – QUOTATION .1 All quotations will remain valid for a period of fourteen (14) days from the date of the quotation, or until the date of issues of any new price list, whichever occurs first, or unless specified in writing by BROTHERS HANDYMAN SERVICES (PTY) LTD. .2 Delivery and performance times quoted are estimates and are not binding on BROTHERS HANDYMAN SERVICES (PTY) LTD. .3 All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by BROTHERS HANDYMAN SERVICES (PTY) LTD, and the prices quoted are subject to any increase in the cost price, including currency fluctuations, to BROTHERS HANDYMAN SERVICES (PTY) LTD before acceptance of the order. .4 In the event of the CUSTOMER disputing the amount of the cost increase in clause 4.3 above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the CUSTOMER. .5 All variations to the original quotation accepted by the CUSTOMER must be verified with official BROTHERS HANDYMAN SERVICES (PTY) LTD call center and only on receipt in writing from BROTHERS HANDYMAN SERVICES (PTY) LTD call center will this be accepted as legal and binding.

 

5 – PROVISION OF MATERIALS AND EQUIPMENT .1 Unless the contrary is specified on the face hereof, BROTHERS HANDYMAN SERVICES (PTY) LTD shall provide all materials and equipment necessary for the proper execution of the work. All materials shall be of the kind and quality as described on the face hereof, alternatively in terms of the architect’s specifications, if applicable and BROTHERS HANDYMAN SERVICES (PTY) LTD shall upon the request of the CUSTOMER furnish him with vouchers to prove that the materials are of such standard. .2 BROTHERS HANDYMAN SERVICES (PTY) LTD reserves the right, at its sole discretion, to provide alternative products at the prevailing prices to those ordered by the CUSTOMER, should those products have been superseded, replaced or otherwise become unavailable. .3 Products are sold ‘’Voetstoets’’ with no warranty against latent defects. All guarantees, including common law guarantees, are hereby specifically excluded. .4 If the CUSTOMER supplies any materials, or equipment and or, accessories to be utilized in the work, BROTHERS HANDYMAN SERVICES (PTY) LTD shall not be responsible for any defects thereto, nor the quality thereof, it being agreed that BROTHERS HANDYMAN SERVICES (PTY) LTD. shall accept such materials, and accessories, in the condition in which it is delivered to be utilized in the execution of the work. Extra cost incurred through the use of defective materials or equipment supplied shall be for the CUSTOMER’S account. .5 All fixed and unfixed materials purchased by BROTHERS HANDYMAN SERVICES (PTY) LTD shall be deemed to be under control of BROTHERS HANDYMAN SERVICES (PTY) LTD and subject to his lien for payment of any amounts which may become owing in terms of the Agreement. It is recorded that any materials which have been purchased by BROTHERS HANDYMAN SERVICES (PTY) LTD and affixed to the property shall remain the property of BROTHERS HANDYMAN SERVICES (PTY) LTD until payment in full has been effected by the CUSTOMER. Once payment in the terms of the agreement has been effected in full, all materials which have been fixed to the property shall become the sole and exclusive property of the CUSTOMER and all unfixed materials shall be removed from the property, the unfixed materials being deemed to be property of BROTHERS HANDYMAN SERVICES (PTY) LTD. .6 During the execution of the work, the CUSTOMER shall take reasonable steps to protect all material on his property from the risk of loss, theft or damage thereto, in BROTHERS HANDYMAN SERVICES (PTY) LTD absence. In the event of loss, or theft the CUSTOMER agrees to replace such material, at his expense. BROTHERS HANDYMAN SERVICES (PTY) LTD shall, during his presence on the property, be responsible for all materials on the property and shall exercise the same caution to protect the CUSTOMER’S interests in the material from the risk of loss, theft or damage. .7 It is recorded that the CUSTOMER shall not be entitled to insist on detailed costings in respect of all materials, it being recorded that the work is performed in terms of a fixed cost, as specified on the face hereof, and that the cost of materials have been factored into such price irrespective of the costs thereof to BROTHERS HANDYMAN SERVICES (PTY) LTD.

 

6 – LAWS, BYLAWS AND REGULATIONS .1 BROTHERS HANDYMAN SERVICES (PTY) LTD shall comply with any Act of Parliament, regulations and bylaws of any local authority and/or any public service company, or authority relating to the work, as may be applicable and required, provided that if any fees are payable to any statutory body, or similar entity, the costs thereof shall be for the CUSTOMER’S account, it being recorded that the contract price stipulated on the face hereof is exclusive of any additional fees, charges, or taxes that may be payable pursuant to this particular clause. .2 There shall be no obligation upon BROTHERS HANDYMAN SERVICES (PTY) LTD to ensure that the work as directed by the CUSTOMER and/or the architect do not encroach on building regulations, or buildings lines, the CUSTOMER or his agent, being solely responsible to ensure compliance in this regard.

 

7 – EXECUTION OF WORK IN ACCORDANCE WITH AGREEMENT AND DRAWINGS .1 BROTHERS HANDYMAN SERVICES (PTY) LTD shall not make any variation to the drawings, if applicable, and shall effect the work strictly in accordance with the drawings, alternatively the specifications of the work as recorded on the face hereof. Any deviation from the drawings, or specifications on the face hereof shall only be effected if it is properly recorded and signed by BROTHERS HANDYMAN SERVICES (PTY) LTD and the CUSTOMER, or his architect if applicable, and without such written variation in respect of the work, BROTHERS HANDYMAN SERVICES (PTY) LTD shall not be obliged to give effect to any additional requirements, or instructions from the CUSTOMER. .2 If the CUSTOMER requires any additional work, variations, or alterations from the work as specified on the face hereof, he shall advise BROTHERS HANDYMAN SERVICES (PTY) LTD thereof and BROTHERS HANDYMAN SERVICES (PTY) LTD shall, within forty-Eight (48) hours, inform the CUSTOMER of the cost and time implications occasioned by such a variation. If the CUSTOMER accepts the additional cost and time implications, an written acknowledgement specifying the additional cost and time required for purposes of completion of the work, shall be prepared by BROTHERS HANDYMAN SERVICES (PTY) LTD and presented CUSTOMER for his signature. On an acceptance signature by the CUSTOMER BROTHERS HANDYMAN SERVICES (PTY) LTD shall immediately proceed to give effect to the CUSTOMER’S instructions, as varied by written acknowledgement.

 

8 – ACCES TO THE WORK SITE .1 The CUSTOMER shall afford BROTHERS HANDYMAN SERVICES (PTY) LTD access to the property to perform the work in accordance with BROTHERS HANDYMAN SERVICES (PTY) LTD obligations. In this regard, it is specifically agreed and recorded that BROTHERS HANDYMAN SERVICES (PTY) LTD shall have access to the property from 8H00 to 17H00 from Monday to Fridays and from 8H00 to 14:00 on Saturdays to perform the work and the Customer shall make available, at his cost, the necessary water, sanitary facilities and electricity required by BROTHERS HANDYMAN SERVICES (PTY) LTD to give effect to its obligations in terms of this agreement. .2 BROTHERS HANDYMAN SERVICES (PTY) LTD shall further, at the same time specified above, have access to any part of the work already completed and handed over to the CUSTOMER for occupation as a right of passage through such occupied parts for purposes of reaching the work site on the property.

 

9 – PRACTICAL COMLETION .1 On the date of practical completion, BROTHERS HANDYMAN SERVICES (PTY) LTD shall hand the work on the property over to the CUSTOMER and render a final invoice in respect of the contract price. The CUSTOMER shall be obliged to accept the work and the final invoice, subject to the CUSTOMER’S rights to insist on the repair of any defects that may manifest itself as set out in this agreement.

 

10 – TIME TO COMPLETE WORK .1 BROTHERS HANDYMAN SERVICES (PTY) LTD shall commence the execution of the work on a date mutually suitable to the parties, and if such date is specified on the face hereof, then on such date as specified. .2 The work shall be completed within a reasonable period from the date of commencement; it being recorded that the CUSTOMER shall have no right in respect of any penalties if the work is not completed within a specified period of time.

 

11 – INDEMITY .1 BROTHERS HANDYMAN SERVICES (PTY) LTD indemnifies the CUSTOMER against any liability, loss, claim, or proceedings of whatever nature arising in common law, or by statute consequent upon personal injuries to, or the death of any person, or employee of BROTHERS HANDYMAN SERVICES (PTY) LTD arising out of, or in the course, or caused by the execution of the work, unless such loss, injury, or death is due to any act, or commission of the CUSTOMER, or his servants, or any agent acting in the interests of the CUSTOMER. .2 BROTHERS HANDYMAN SERVICES (PTY) LTD indemnifies the CUSTOMER against any liability, loss, claim, or proceedings consequent upon the loss of, or damage to any moveable, or immovable property arising out of, or in the course of the execution of the work due to any willful, negligent, or reckless act, or omission by BROTHERS HANDYMAN SERVICES (PTY) LTD , his agents or servants provided however that BROTHERS HANDYMAN SERVICES (PTY) LTD shall be entitled to act on any reasonable instructions by the CUSTOMER and that the execution of such an instruction shall not lead to any liability in terms of this clause.

 

12 – EXCLUSION OF LIABILITY .1 When any loss results as a result of war, invasion, riot, warlike operations, civil unrest, acts of God, or any other act which is beyond BROTHERS HANDYMAN SERVICES (PTY) LTD control, BROTHERS HANDYMAN SERVICES (PTY) LTD shall not be liable for any losses which may result because of such action, notwithstanding any clause herein which may have indemnified the CUSTOMER against the risk of damage and/or loss.

 

13 – DELAY IN COMPLETION OF WORK .1 If the work is delayed by an act of god, vis major, exceptionally inclement weather, or any other cause beyond the reasonable control of BROTHERS HANDYMAN SERVICES (PTY) LTD, BROTHERS HANDYMAN SERVICES (PTY) LTD shall be entitled to an extension for the completion of the work, notwithstanding that the time of completion may have been specified as being of the essence, it being agreed that the time for performance will be extended for such a period as the work may have been interrupted for one of those reasons set out in this clause.

 

14 – SUSPENSION OF WORK .1 A breach by the CUSTOMER to include, but not be limited to: .1.1 Non payment of any interim invoice, or amounts on the date on which it may be owing in terms of this agreement. .1.2 The failure by the CUSTOMER to supply any material in terms of its obligations that may be reasonably required for the performance of the work by BROTHERS HANDYMAN SERVICES (PTY) LTD. .1.3 The CUSTOMER not granting BROTHERS HANDYMAN SERVICES (PTY) LTD access to the work, or any part thereof. .1.4 The CUSTOMER not making available any electricity, or water which may be required for purposes of the execution of the work. .1.5 The CUSTOMER not making available any drawings by architect, or not arranging for the appointment of an engineer, where required, for the performance of the work. .1.6 Where the CUSTOMER fails to remedy its obligations to enable BROTHERS HANDYMAN SERVICES (PTY) LTD to proceed with the work. .2 In the event of BROTHERS HANDYMAN SERVICES (PTY) LTD having to suspend performance of the work in terms of this agreement BROTHERS HANDYMAN SERVICES (PTY) LTD shall be entitled to immediately: .2.1 Cancel this agreement and retain all amounts paid. .2.2 Insist on payment of the balance of the contract price as stipulated on the face hereof. .2.3 Remove all unfixed materials from the premises without any compensation to the CUSTOMER. .2.4 Remove any machinery and equipment from the premises. .2.5 Exercise his lien in respect of payment for all amounts that may be due and owing in terms of the agreement and without prejudice to any of the above, or other rights BROTHERS HANDYMAN SERVICES (PTY) LTD may have in law, to lock the CUSTOMERS out until such payment has been effected.

 

 

15 – PAYMENT .1 The CUSTOMER shall pay to BROTHERS HANDYMAN SERVICES (PTY) LTD the amount as stipulated on the face hereof together with all additional cost in respect of additional work, or additional services rendered pursuant to the execution of the work on the dates specified for payment. .1.1 By accepting BROTHERS HANDYMAN SERVICES (PTY) LTD quotation the CUSTOMER accepts BROTHERS HANDYMAN SERVICES (PTY) LTD Terms and Conditions. .1.2 BROTHERS HANDYMAN SERVICES (PTY) LTD shall not be binded to CUSTOMER payment terms, unless otherwise agreed by BROTHERS HANDYMAN SERVICES (PTY) LTD and CUSTOMER in a dated written and signed document format. .2 Cheques not accepted .3 The CUSTOMER shall under no circumstances be entitled to withhold payment, for any reason whatsoever. Withholding of payment shall be deemed to be a material breach of the agreement which would entitle BROTHERS HANDYMAN SERVICES (PTY) LTD the remedies set out in clause 14.2 above. .4 The CUSTOMER is not entitled to set off any amounts due to BROTHERS HANDYMAN SERVICES (PTY) LTD by the CUSTOMER against its indebtedness to BROTHERS HANDYMAN SERVICES (PTY) LTD. .5 BROTHERS HANDYMAN SERVICES (PTY) LTD shall be entitled to invoice each delivery or performance separately when executed. .6 The CUSTOMER shall pay to BROTHERS HANDYMAN SERVICES (PTY) LTD the full amount as stipulated in the invoice within a maximum period of five (5) days on receipt of invoice. .6.1 The CUSTOMER will be charged a 10% interest on outstanding amounts not paid within seven (7) days of date of invoice every seven (7) days or part thereof until handed over to debt collecting agent or paid in full. .6.2 The CUSTOMER must notify BROTHERS HANDYMAN SERVICES (PTY) LTD within a maximum period of five (5) days of date of invoice with a written letter by the CUSTOMER in terms of BROTHERS HANDYMAN SERVICES (PTY) LTD acceptance of new payment date arrangement. .6.3 The CUSTOMER shall pay the full amount issued by a dept collector agency, lawyer firm or third party for collection of late payments. .7 The CUSTOMER agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 15.6 above, BROTHERS HANDYMAN SERVICES (PTY) LTD is entitled to (i) forward a letter of demand using a third party demanding full and final payment. .8 Outstanding accounts are subject to default listings on a national credit bureau database. On payment of the outstanding debt the default listing will be adjusted to read ‘’Paid Default’’ until legislation demands complete removal. .9 BROTHERS HANDYMAN SERVICES (PTY) LTD reserve the right to provide a national credit bureau with updated personal information. .10 The CUSTOMER also consents that BROTHERS HANDYMAN SERVICES (PTY) LTD may use a national credit bureau database for tracing, should the CUSTOMER abscond. .11 In the event of any payment not being made on due date, the amount then outstanding shall bear interest as prescribed in terms of the Usury Act with interest calculated daily and compounded monthly from the date of acceptance of the order. .12 In the event of default, all payments shall firstly be appropriated towards interest and costs and thereafter in respect of the capital amount payable in terms of this agreement. .13 The CUSTOMER shall be liable to BROTHERS HANDYMAN SERVICES (PTY) LTD for all legal expenses incurred by BROTHERS HANDYMAN SERVICES (PTY) LTD on the attorney-and-own client scale in the event of (a) any default by the CUSTOMER or (b) any litigation in regard to the breach, validity or enforceability of this agreement. The CUSTOMER be liable for all tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that BROTHERS HANDYMAN SERVICES (PTY) LTD may demand. .14 Only payments made into bank account on the invoice / quotation documents, as per details reflected on the original quote submitted from BROTHERS HANDYMAN SERVICES (PTY) LTD office via e-mail will be recognized and accepted as formal payments, cash or deposits will be accepted.

 

16 – GUARANTEES AND WARANTIES .1 BROTHERS HANDYMAN SERVICES (PTY) LTD shall complete the work to the reasonable satisfaction of the CUSTOMER according to acceptable standards of workmanship. All work shall be guaranteed against latent defects as a result of defective workmanship for a period of twelve (12) months from date of practical completion. Superficial cracks that may appear as a result of materials drying shall not be regarded as defects. Any claims in respect of defective materials shall be directed by the CUSTOMER to the supplier and BROTHERS HANDYMAN SERVICES (PTY) LTD shall assist in lodging the claim without assuming any liability. 17 – CLAIMS .1 Any defects to the work shall be communicated to BROTHERS HANDYMAN SERVICES (PTY) LTD within seven (7) days from the date of practical completion. BROTHERS HANDYMAN SERVICES (PTY) LTD shall be afforded an opportunity to within fourteen (14) days from receipt of such claim inspect the defects and/or workmanship which does not meet with the CUSTOMER’S approval and; .1.1 If BROTHERS HANDYMAN SERVICES (PTY) LTD is of the view that the work is of acceptable standard, it shall notify the CUSTOMER, in writing, of its findings as well as the reasons therefore. .1.1.1 If the CUSTOMER does not accept BROTHERS HANDYMAN SERVICES (PTY) LTD findings, he shall be entitled, within a period of fourteen (14) days from the date of notification by BROTHERS HANDYMAN SERVICES (PTY) LTD, to refer the matter to arbitration to resolve the complaint. BROTHERS HANDYMAN SERVICES (PTY) LTD may in its own discretion be entitled appoint an architect in the building and construction industry as an arbitrator. All costs in this instance will be for the CUSTOMER’S ACCOUNT. .2 If the matter is referred to arbitration, the arbitrator shall be requested to complete his finding within a period of thirty (30) days and his findings shall be final and binding upon both parties. .3 If BROTHERS HANDYMAN SERVICES (PTY) LTD is of the view that the work is of unacceptable standard then any defects in the workmanship, BROTHERS HANDYMAN SERVICES (PTY) LTD supplied materials, or damage to the work, or premises which is as a result of defective material supplied by BROTHERS HANDYMAN SERVICES (PTY) LTD, or inadequate workmanship shall be repaired by BROTHERS HANDYMAN SERVICES (PTY) LTD, within a period of fourteen (14) days, to the reasonable satisfaction of the CUSTOMER, at BROTHERS HANDYMAN SERVICES (PTY) LTD costs. .4 If the CUSTOMER does not notify BROTHERS HANDYMAN SERVICES (PTY) LTD within seven (7) days of any defect in the workmanship and material it shall be deemed to have been completed to the reasonable satisfaction of the CUSTOMER.