Terms & Conditions
Parties & Definitions
Parties: Spies Construction ("Contractor") and the commissioning Client ("Client").
Definitions: Includes standard terms like Works, Site, Contract Price, Quote, Variation, etc.
Acceptance of Quote & Amendments
A signed quotation (or written acceptance via email) forms a binding contract detailing the scope, price, and schedule. Any subsequent changes must be documented in writing and signed by both parties before implementation; verbal amendments are non-binding.
Scope of Work
The Contractor will execute only the services described in the signed quote. Any additional work requires a signed variation order.
Contract Price & Payment Terms
Payments are scheduled in stages: deposit, mid-project, and final payment.
Payment due within 14 days of invoice; overdue amounts incur 5% interest per month.
Ownership of materials remains with Spies Construction until fully paid.
Project Timeline & Delays
Dates in the quote are estimates—not guaranteed.
The Contractor is not liable for delays from weather, supply issues, strikes, or local authority actions (“excepted risks”).
If delays exceed 14 days, either party may request a revised schedule.
Risk & Delivery
Risk passes to the Client once materials are delivered on-site. Clients must inspect deliveries within 10 days and report damage or shortages; otherwise they're deemed accepted.
Warranties, Quality Assurance & Liability
Defects reported within 10 days of completion will be remedied at no cost, or a fair discount offered.
Materials are supplied without implied warranties (“voetstoots”), but workmanship will be patched free of charge for identified defects.
Liability is capped at the value of the affected work; indirect or special damages are excluded.
Variations & Changes
All scope amendments must be captured in a written, signed variation order including updated cost and schedule. Work will proceed per the original quote until variations are formally agreed.
Health & Safety & Insurance
Clients must ensure safe site access and comply with Occupational Health & Safety laws.
Spies Construction holds public liability and workmen’s compensation insurance; proof is available on request.
Force Majeure
Neither party is responsible for delays or failures due to unforeseen events beyond control (e.g., storms, power outages, strikes); obligations are paused until resolved.
Termination & Default
A material breach must be remedied within 14 days of written notice, or the non-defaulting party may terminate.
Payment default or Client insolvency may result in immediate contract termination.
Dispute Resolution & Governing Law
Disputes will first be handled through negotiation, then mediation/arbitration in line with industry standards (GCC or SAICE/JBCC), or through South African courts.
Connection to the contract confirms acceptance of South African law.
Intellectual Property & Confidentiality
All designs, drawings, and materials remain the Contractor’s property unless otherwise agreed in writing. The Client agrees not to reproduce or share without permission.
Amendments, Severability & Entire Agreement
This document, the signed quote, and any variations constitute the complete agreement.
Changes must be made in writing and signed by both parties. If any part is found invalid, the remainder remains enforceable.
Refund & Satisfaction Guarantee
Materials: Non-refundable once delivered or used.
Labour: No refunds after task completion; defects will be fixed free of charge or compensated by a fair discount.
Reporting: Issues must be reported in writing within 7 days of work completion.
Consumer Protection Act (CPA) Compliance
In addition to the above, the Client is entitled under the CPA to repairs, replacements, or a refund if goods/services are defective—provided claims are made within 6 months. The Parties agree to resolve any CPA-related claims amicably before escalating.