Supa Slab Beam & Block suspended flooring

E-mail Print PDF

STANDARD TERMS AND CONDITIONS OF CONTRACT (FULL VERSION)


These standard terms and conditions shall apply to the contract between the Client (hereinafter referred to as "the CUSTOMER") and Supa-Slab CC (hereinafter referred to as "SUPA-SLAB").  Kindly ensure that all stipulated conditions are adhered to.  Your signature upon the ‘Conditions of Tender' document is your acceptance of the terms and conditions herein.  If you proceed with the work entailed in the quote without the return of the signed ‘Conditions of Tender' document, you render yourself subject to all conditions set out herein.

 

SECTION A - CONTRACT PAYMENT TERMS:-

1) Payments made in cash will be as follows:-

  • 60% of the full contract price (including VAT) is to be paid to SUPA-SLAB prior to commencement of the work.
  • 40% of the full contract price (including VAT) is to be paid to SUPA-SLAB on or before the last delivery.

If SUPA-SLAB is installing your slab, 10% retention of the full contract price (including VAT) may be paid to SUPA-SLAB on completion of installation.

-    Payment can be made by bank guaranteed cheque or bank transfer into our account: First National Bank -  Branch: RMB Private Bank - Branch Code: 260252 - Account Number: 620 1975 2288

-    Please do not deposit cash into the account or fees will be for your own account.

-    SUPA-SLAB will be entitled to charge interest on all overdue amounts at the agreed rate of 2.5% of the full contract value per month, compounded monthly in arrears, subject to any applicable maximum interest rate set in terms of the Usury Act or any other law.

2) Payments made by account will be as follows:-

a)    Account status can only be requested if the value of the contract is above R100 000.00 (One Hundred Thousand Rand).

b)    Applications for account status will be submitted by SUPA-SLAB to Credit Guarantee South Africa for acceptance and approval.  Under no circumstances will you be accepted for credit with SUPA-SLAB if your application to Credit Guarantee is unsuccessful.

c)    The invoiced amount is payable 30 days from date of invoice as per this agreement.

d)    2.5% interest per month will be charged on all overdue amounts.

 

SECTION B - STANDARD TRADING CONDITIONS:-

1) No work shall commence by SUPA-SLAB until such a time as:-

a)  The Sales Quotation is duly signed by yourself and returned to SUPA-SLAB.

b)  The required deposit is paid and the proof thereof is sent via fax or email to the SUPA-SLAB office.

c)  The updated Engineers design / drawing / schedules are provided.

d)  Confirmation of the site measurements are provided (if measurements cannot be done we will arrange these for you).

2) SUPA-SLAB shall only be obliged to carry out the work contained in the acceptance of quotation.

3) No amendment to either these conditions or the terms set out in the quote will be of any force and effect unless they are reduced to writing and signed by or on behalf of both parties.

4) All payments received from the CUSTOMER will be off-set against any amounts still outstanding in respect of any previous contract.

5) All materials sold by SUPA-SLAB to the CUSTOMER will continue to be the sole property of SUPA-SLAB until fully paid for, in which event, a cheque will not constitute a payment until it has been cleared by SUPA-SLAB's bankers.

6) In the event of a breach of any terms of the agreement by the CUSTOMER other than the non-payment of any amount due, SUPA-SLAB shall be obliged to give seven  (7) days notice to the CUSTOMER to remedy its breach, failing which, SUPA-SLAB

shall have the election to:

a)    Cancel the contract and retain any monies already paid by the CUSTOMER with or without a claim for damages; or

b)    Enforce performance of the contract in a Court of Law.

7) Any notification required to be given by SUPA-SLAB, whether in respect of the suspension, limitation or termination of credit facilities or otherwise, will be presumed to have been received by, and come to the knowledge of the CUSTOMER:

a)    If sent by fax to the fax number stipulated In the CUSTOMER'S acceptance of the contract, at the time and on the date reflected on SUPA-SLAB'S fax confirmation receipt generated by SUPA-SLAB‘S fax machine;

b)    If sent by registered post to the postal address stipulated in the acceptance of contract: at noon on the fourth day after posting of such notification;

c)    If delivered by hand: at the time and on the date reflected on the receipt slip signed on behalf of the CUSTOMER.

8) The CUSTOMER chose as his/her domicilium citandi et executandi for all purposes permitted in law, the physical address set out in the CUSTOMER'S acceptance of the contract.

9) The signatory to this agreement warrants that he/she has the necessary authority to bind the CUSTOMER.  In the event that it either transpires that the said signatory does not have the necessary authority, or that the CUSTOMER does not pay any amount timeously, then in that event, the said signatory will be liable for all the obligations of the CUSTOMER, in his / her capacity as co-principal debtor.

10) Should it become necessary for SUPA-SLAB to institute legal action against the CUSTOMER for either the recovery of the goods or the purchase price thereof, SUPA-SLAB will be entitled to recover legal costs on the Attorney and Client Scale, including collection commission.

11) SUPA-SLAB shall not be liable for any damage to property, injury to any person or financial loss suffered by any person, as a result of the negligent act or omission not directly resulting from any of its employees, or as a result of the failure of, or defects in, any goods supplied by SUPA-SLAB to the CUSTOMER.

12) Whilst SUPA-SLAB endeavours to supply, deliver and install goods timeously, SUPA-SLAB will not be liable to the CUSTOMER for any consequential losses suffered by the CUSTOMER by virtue of the late supply, delivery and installation of any goods or materials which is beyond the reasonable control of SUPA-SLAB and or its sub contractors.  Due to SUPA SLAB'S open cast manufacturing process, delays may be caused by rain and as such SUPA SLAB will not be held liable for this.

13) No indulgence, latitude or extension of time which maybe allowed by SUPA-SLAB to the CUSTOMER in respect of any payment due or any matter provided for herein shall under any circumstance be deemed to be a waiver of SUPA-SLAB'S rights at any time and Supa SUPA-SLAB shall without notice be entitled to require strict and punctual compliance with each and every provision or term hereof.

 

SECTION C - CONDITIONS OF TENDER:-

This quotation is subject to the following conditions unless specifically waived by SUPA SLAB in writing:

1) The quotation remains valid for orders within 30 days of the date of issue.

2) The tender price remains firm for work completed within 30 days of the date of issue failing which the price shall be subject to price variation in accordance with the Haylet Formula. Work Group 4.3 (Durban)

3) Notwithstanding delivery, all goods sold by SUPA-SLAB to the CUSTOMER shall remain the sole property of SUPA-SLAB until SUPA-SLAB thereof has received full payment.

4) The CUSTOMER shall comply with the following requirements to avoid delays and additional charges:

a)    Negotiate a mutually acceptable delivery date, no less than 10 working days from compliance with Section B.1. above.

b)    Ensure that SUPA-SLAB receives final approved architectural drawings.

c)    Check the actual structural dimensions against final approved drawings and notifying SUPA-SLAB in writing of any deviations no less than 5 (five) working days prior to delivery date.

d)    Provide reasonable and unobstructed access to allow 8 and 12 ton trucks to deliver the material to the stacking area, which must be within a ten metre proximity to the structure. If the stacking distance is more than ten metres, there will be an additional fee for the cartage of materials by SUPA-SLAB to the structure.

e)    Check materials upon delivery and their subsequent safekeeping.

f)      Erect all formwork, temporary supports and access scaffoldings prior to erection of the Precast / Prestressed decking and ensuring that formwork and supports are adequate to carry the slab.

g)    Ensure that all support work caters for the Rib & Block slab; i.e. Brickwork, concrete beams, steel beams etc. are at the required level, and ARE level, as specified by the architect and engineer before the erection of the Rib & Block slab.

h)    Ensure that structural in-situ concrete complies with the Engineer's specification and that temporary support work remains in position for a minimum period of 14 (FOURTEEN) days after concrete has been poured or as directed by the engineers.

i)      Ensuring that all things necessary are done to enable SUPA-SLAB, in one continuous operation, to complete the work on site, unless agreed otherwise by pre-arrangement.

5) All materials left on site after the erection of the pre-cast slab (as per the quotation) shall remain the property of SUPA-SLAB and the CUSTOMER undertakes to allow SUPA-SLAB access to the site to collect these, on request.

6) Preliminary structural inspections, soil test and design charges for any sections of the structure (e.g. columns, beams, stairways, foundations etc.) not specifically covered by the quotation shall be for the CUSTOMERS account.


SECTION D :-

1. ENGINEER:

Should you, the CUSTOMER be unable to provide us, SUPA-SLAB with a professional engineers design, SUPA-SLAB will undertake to design and detail the above project, in accordance with the preliminary discussions, the quotation, the site inspection and the architectural information given by yourself, and you will be charged accordingly, as per stated in the quotation.  It is imperative that we have the correct site measurements in order to design and manufacture the Rib & Block components.  If you are unable to provide us with the above information, we will conduct a site survey on your behalf at a reasonable cost.

On completion of the design, a copy of the Engineer's drawings and schedules will be forwarded to you for approval.  The Engineer's design will be uniquely for the Rib & Block Slab, any other concrete related work not stated in this contract, requiring design, i.e. reinforced concrete beams, columns, staircases etc (i.e. that which does not form an integral part of the Rib & Block flooring) must be negotiated independently between yourself and the Engineer.

Please note that under NO circumstances, must concrete be poured onto any structural concrete components pertaining to this contract, prior to the inspection and approval of the Engineer.

2. MANUFACTURE:

The Rib & Block products will be manufactured within the accepted S.A.B.S. pre-cast concrete product tolerances. On completion of installation the Rib & Block slab is to be inspected and approved by the Engineer and the CUSTOMER specifically in terms of the level of the soffit and the prop spacing (not greater than 1500mm apart in both directions) SUPA-SLAB will not be held liable for any excessive soffit deflection and hence the patching or plastering of the soffit after casting of concrete topping.  Only once ALL listed criteria (see Addendum - Page 4 herewith) have been met will we proceed with the manufacturing of the SUPA-SLAB components. Kindly note that SUPA-SLAB requires 10 (TEN) working days in order to manufacture the materials required for this project unless prior arrangements have been made in writing.

3. DELIVERIES:

Deliveries will commence once confirmation of the delivery dates has been received.  Please ensure that there is a competent representative on site at all times to receive, check, count and sign for the Rib & Block components, failing which, SUPA-SLAB will not be held responsible for any material shortages.  Any unsigned delivery notes will be deemed approved by yourselves.

4. INSTALLATION:

Should you, the CUSTOMER be unable to appoint a qualified and trained team of subcontractors, SUPA-SLAB will undertake to do so on your behalf to install the Rib & Block prestressed beam and block system including their temporary propping (not exceeding a height of 3m and not exceeding 1500mm apart), and you will be charged accordingly, as per stated in the quotation.  Please ensure that SUPA-SLAB is supplied with adequate electrical power on site for the entire duration of the Rib & Block installation.  Ensure that the installation of the temporary props are erected on a concrete surface.  Should the CUSTOMER wish to prop on a soft surface for whatever reason, he will do so at his own risk and SUPA-SLAB will not be held responsible for soffit deflection whatsoever.  The allocated hire period for the propping system is 14 days from completion of installation.  The Engineer, on your request will inspect the SUPA-SLAB floor system (± 24 hours notice).  Concrete topping should be poured and vibrated straight away by yourselves, on the Engineer's approval, please ensure that you either supply and fix cover blocks under the reinforcing mesh or that the mesh is lifted in the middle of the topping whilst pouring concrete and that the concrete is spread evenly on the deck by means of wheel barrows on scaffold planks.  It is imperative that the concrete topping remains at the designed thickness at all times.

5. CONCRETE PUMP INSTALLATION:

The use of concrete pumps is allowed, although not the preferred method of installation, mainly due to the lack of control on the downward force and height from which the concrete is poured onto the deck. However, should you wish to adopt this method, please note that SUPA-SLAB will be required to provide you with a revised quotation so as to allow for additional propping.

6. CANCELLATION:

In the event of a request for cancellation of the signed Quotation, please note that a 10% cancellation fee will be charged on the full quotation amount as stated on the Sales Quotation.

In the event of a cancellation of the contract after the commencement any of work, the CUSTOMER shall be liable for all costs incurred in respect of design, prepared material, loss of earnings, and other charges pertaining to the time of cancellation.

7. RETENTION:

Please note that no allowance for retention will be allowed for in this specific contract.