Terms & Conditions
CFC CONDITIONS OF CONTRACT
- CAPE FORMWORK CONTRACTORS (PTY) LTD ("CFC.") in consideration of the payment, by the Company, being the counter party to Quotations, to CFC, of the contract price, will deliver on the site and erect thereon the scaffolding or the shuttering scheduled within the quotation, including tubes and fittings (hereinafter referred to as "the CFC materials"), which will remain as erected for the contract period as mentioned within the quotation. The Company shall ensure that the site is cleared and ready for erection of the CFC materials by the date on which the erection is to begin, and warrants that the foundations on the site are sufficiently firm and otherwise suitably safe to carry the CFC materials and the load to be put on them without subsidence.
- The Company shall be responsible for inspecting and maintaining the erection and the CFC materials after the erection thereof during the whole period of the contract and if the Company fails to do so, CFC shall have the right to do so, and recover the cost and expenses incurred from the Company. CFC shall, however, not be liable for any loss or damage sustained by any person and/or the Company due to the failure of CFC or any of its servants, adequately, to have inspected and maintained, the erection and the CFC materials, and the Company hereby indemnifies CFC against all claims.
- All amounts are payable within 30 days invoice. Should any amount not be paid on due date, CFC reserves the right to stop work on the site immediately. If such breach has not been remedied in full after twenty four hours written notice to the Company by CFC reserves the right to remove its equipment from the site forthwith without prejudice to any other legal rights it may have. All payments to be made hereunder shall be made in cash, free of exchange, without deduction or set-off, and at the place indicated on the latest of CFC’s invoices addressed to the Company. Any payment not made on due date for payment thereof will bear interest at the prime rate plus 2% levied by CFC’s bankers from time to time, and shall be compounded monthly in arrears. Any dispute between the parties as to the said prime rate of interest, shall be determined by the issue of a certificate by any director or manager of CFC, which certificate shall constitute prima facie proof thereof, inter alia, for the purposes of summary judgment and/or provisional sentence.
- If the Company should discover any defects in the material or workmanship supplied by CFC, the Company shall notify CFC in writing of the same immediately after the defect is discovered, then, as the exclusive remedy of the Company, CFC shall repair or replace the defective material and make good the defective workmanship as soon as reasonably possible.
- CFC does not guarantee delivery and completion on any particular date and accepts no liability for delay in delivery and completion. If, however, CFC specifically guarantees delivery or completion or clearance of site in writing by any particular date, then CFC shall nevertheless not be responsible for delays or prevention caused by vis major.
- The CFC materials shall be and remain the property of CFC. The Company shall keep the CFC materials on the site or premises where they are erected and left by CFC, and shall not remove or interfere with or make alterations to the CFC materials and structure without CFC’s written consent. The Company shall keep them in good order, repair and condition and be responsible for any damage thereto and shall return them to CFC as received and in sound condition, fair wear and tear expected. As and when during the course of erection the CFC materials are delivered by CFC to the Company’s premises or site, the responsibility and risk attaching thereto for storing or safeguarding such CFC materials during the course of erection shall be a risk assumed by the Company. The Company shall give CFC immediate notice in writing of any loss or damage to the said CFC materials and CFC shall be entitled to inspect the same at any time during the period of this contract.
- If any CFC materials remain on the Company’s site or premises on the expiry of the duration of the contract as set out within the quotation, the Company shall automatically be subject to the extra hiring charges as stated in the quotation until the CFC materials are removed and received by CFC. The Company shall give to CFC at least one week’s prior written notice of the date when the Company requires CFC to dismantle and remove the CFC materials and the CFC materials shall be deemed to be retained by the Company until so removed. After the contract and notwithstanding that the extra hiring charges are payable, CFC may elect to cancel such continued hire on 1 (one) week’s notice.
- If default is made by the Company in due payment of any amount owing by the Company to CFC, or any judgment is obtained against the Company, or the Company commits an act of insolvency or offers to assign his/its estate or effects, or offers to effect a compromise with his/its creditors or he/it is placed in sequestration/liquidation (voluntary or compulsory, whether provisional or final) or under judicial management, or dies or ceases to carry on business, or if the Company fails to observe or perform any provision of this contract (including any agreed extensions thereof) CFC shall be entitled forthwith to cancel this contract and retake possession of the CFC materials and the Company shall immediately restore and give quiet possession thereof to CFC and should it fail to do so, CFC may apply ex parte to any competent Court for any order enabling CFC to obtain possession of the CFC materials. Notwithstanding the cancellation of this contract by CFC as provided for herein, or the retaking possession by CFC of the CFC materials, CFC shall be entitled to recover from the Company all monies, due or unpaid hereunder for the full and unexpired period of the contract/hire of the CFC materials in terms of the Quotation (and/or any agreed extension thereof) and all loss of damages sustained by CFC whether in respect of damages and/or depreciation and/or repairs required to be made to the CFC materials or otherwise, and all costs, expenses and payments incurred or made by CFC in connection with obtaining possession of the CFC materials, including but not limited to all legal costs on the scale as between attorney and own client and including collection commission.
- This contract, and any other written extension thereof, shall be deemed to record the whole agreement between CFC and the Company and to override all other agreements relating to the CFC materials and the erection thereof and collateral verbal agreements are expressly excluded. All orders, instructions or information which the Company desires to give or must give to CFC shall be in writing. No condition or representation not expressed herein shall be binding on CFC. No variation shall be binding unless agreed to by CFC and Company in writing. This contract in respect of the contract period cannot be cancelled by the Company except on the Company’s written request and then only if same is agreed to by CFC in writing, on terms and conditions acceptable to CFC.
- The Company shall have no right to cede or assign this contract without the prior written consent of CFC.
- CFC regrets CFC cannot be held responsible for any damages arising during erecting or dismantling of scaffolding and our liability will be limited as provided for in our conditions of contract.
- CFC shall not be responsible for any loss or damage (whether by reason of injury or death of any person and/or loss or damage to property, whether belonging to the Company or to any other person) of whatsoever nature and howsoever arising (whether directly or indirectly), pursuant to the provisions of this agreement and/or its implementation, including by reason of or arising from any negligence on the part of CFC, its employees, agents and/or sub-contractors and/or by reason of the CFC materials being on the site, the collapsing or weakening of support or movement of any structure erected by CFC or otherwise. The Company hereby indemnifies CFC, its employees, agents and/or sub-contractors against any such claims. Under no circumstances whatsoever shall CFC, its employees, agents and/or sub-contractors at any time, be liable for any claims for any consequential loss or damage, including loss of goodwill or profits, which may be sustained by the Company, its employees, agents and/or sub-contractors or for any claims made by any other person whatsoever in connection with this contract and/or the use of the CFC materials, and the Company hereby further indemnifies CFC, its employees, agents and/or sub-contractors against all such claims.
- The CFC. materials are the Company’s responsibility, and stored at the Company’s risk, for the duration of the contract. No alteration is to be carried out by the Company or its contractors / sub-contractors to scaffolding/ formwork erected by CFC Any damage or loss to CFC materials caused by the Company or its contractor / sub-contractors will be charged to the Company’s account.
- CFC. to be able to tie its scaffold through windows and other openings, where necessary. CFC to be able to rawl-bolt to the structure, where necessary.
- The Company is to ensure that the scaffold area is sufficiently compacted and clear of any materials prior to CFC’s work commencing. The Company is to ensure that all vehicles are removed from scaffold area prior to CFC’s work commencing. The Company is to supply any permits and lodge any required deposits, and obtain permission for CFC’s scaffold to encroach on any adjoining properties. The Company is to ensure that the scaffold area is cordoned off prior to erection of scaffolding.
- All quotations exclude engineers’ certificates and any other local council requirements and approvals. All quotations are based on working a normal 9 hour day, 5 days a week, and is subject to claims for work done outside of this period. All quotations are subject to site inspection and measurement, and the availability of labour and material. Quotations are not subject to retention. All quotations are valid for 30 days.
- If any conflict arises between the provisions of the Quotation and these Conditions of Contract, the provisions of the former shall prevail.