Terms and Conditions
These terms and conditions comprise the agreement between Signature Stone (Pty) Ltd (“the Company”) and the Client to whom the quotation has been made out to, in connection with the supply and installation of granite / quartz / marble surfaces and countertops. They explain the Company’s obligations to the Client and the Client’s obligations to the Company.
1. Payment terms.
1.1. Upon receipt of measurements from the Client, a quotation (pro forma invoice) will be furnished to the Client.
1.2. The Company shall not be obliged to render services until such time that it has received a payment of the deposit from the Client and all sufficient information, specifications and instructions to enable the Company to quote and/or perform the services required.
1.3. Quotations (pro forma invoice) are valid for 7 days only and are subject to availability of material.
1.4. Quotations may be subject to change in the event that final measurements on site differ from that which the Client provided.
1.5. The payment of a 90% deposit of the total quoted fee is required upon acceptance of the quotation. This fee secures the materials, installation date and services of the Company. This fee is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Company due to cancellation, unless the material has not been altered / cut as per the Client’s measurements / request.
1.6. The balance (outstanding amount) becomes due and payable on presentation of an invoice by the Company.
1.7. All goods and/or granite and/or quartz and/or marble surfaces and countertops remain the property of the Company until the outstanding amount is paid in full.
1.8. All quotations are subject to confirmation on final measurements. The Company reserves the right to amend quotations if the final specification varies with that supplied for the purpose of the quotation. The balance of the applicable deposit must be paid for the order to be processed.
1.9. The Client shall not be entitled to retain or defer payment of any amount owed on account of any dispute, counterclaim or set off which it may allege against the Company.
1.10. All prices are subject to change without notice and are not guaranteed, except for prices, based on orders, that have already been accepted by the Company.
1.11. All natural stone products supplied are subject to slight variations in colour, grain, thickness, opened veins, etc. The pictures shown on this website serve only as an example and cannot be guaranteed to look exactly the same, in colour, grain and texture, as the supplied natural stone. Clients are encouraged to visit us and check out the actual colours.
1.12. The Company reserves the right to review, amend and/or vary any quotation in accordance with unforeseen or extraordinary costs and/or expenses, and/or in the event of an increase in the cost price of materials, consumables, labour costs and any other expense arising pursuant to the issue of any quotation.
1.13. In the event of the Company being prevented by reason of any cause whatsoever outside its control from performing or completing any service for which an order has been given, the Company shall be relieved of all responsibility for completing the service but shall remain entitled to receive payment of all expenses incurred by it in rendering partial performance, and a rateable portion of the agreed fee equal to the proportion of the services actually rendered.
2.1. The parties choose as their Domicilium Citandi et Executandi the addresses (both physical and electronic) as reflected on the quotation for all purposes, whether in respect of court process, notices or other documents or communications of whatsoever nature.
2.2. In the case of a Developer and/or Contractor utilizing the services of the Company, the Developer and/or Contractor’s principal place of business shall be their chosen Domicilium Citandi et Executandi the addresses (both physical and electronic) as reflected in correspondences for all purposes, whether in respect of court process, notices or other documents or communications of whatsoever nature.
2.3. Notices or other correspondence may be given to the Client by hand, post or e-communication to the address, telephone / cell phone number or electronic mail address specified on the quotation or as notified by the Client to the Company from time to time. Correspondence sent to the Client by the Company by post will be deemed to have been received by the Client 7 (seven) working days after date of posting, and by electronic mail, will be deemed to have been received by the Client in the next working day after sending.
3.1. The Company cannot be held responsible for any damages or losses arising from electrical, plumbing and/or carpentry work associated with the installation of the goods and/or granite and/or quartz and/or marble surfaces and countertops. The Client acknowledges and understands that the Company does not provide any electrical, plumbing and/or carpentry services of whatsoever nature.
3.2. The Company shall not be responsible, or liable, for any loss, damage or expense of whatsoever nature and howsoever arising (including legal costs and the scale is between attorney and client) which may be suffered by the Client or a third party as a result of or caused by the failure of the Company to perform or any damage caused as a result of acts, events or circumstances beyond the Company’s control, including among other things, failure to install, unavailability of materials, load-shedding, force majeure, inability to access the Client’s site, lockdown restrictions and/or COVID-19 rules and regulations.
3.3. The Client holds the Company harmless against any and all claims arising from the installation of granite and/or quartz and/or marble surfaces and countertops.
3.4. The Client indemnifies and holds harmless the Company and its officers, employees, agents or subcontractors against all claims by any third party for loss, damage or expense of whatsoever nature and howsoever arising (including legal costs and the scale is between attorney and client) relating to the performance, purported performance or non-performance of any services rendered at the instance or at the instruction of the Client.
3.5. Client (or a representative) must inspect work upon completion. Issues, if any, must be pointed out to the installers before leaving the premises.
3.6. The client indemnifies the Company against damages caused by abuse, acts of nature, job site conditions, normal wear and tear or abnormal use.
4.1. The information and opinions provided by the Company in respect of goods and services are provided in good faith. The Client accepts that the information and opinions may change from time to time and no representation, warranty, undertaking or guarantee is made or given by the Company concerning the accuracy and/or completeness of such information and/or the correctness of such opinions.
4.2. The Client is only making payment for finished processed worktops as per his requirements. All excess worktops and other materials not required to complete the work of the agreed specification shall remain the property of the Company and shall be removed by the installation team upon completion of the work.
4.3. Where a site survey or template has not been conducted by the Company, the Client shall bear responsibility for any error in manufacturing sizes and specifications of the goods.
4.4. Where installation cannot be carried out due to an error of the Client, the Client agrees to pay for any reasonable expenses and/or losses incurred by the Company.
4.5. The Client acknowledges that on-site processing may be necessary even where kitchen has been surveyed or templated.
4.6. The Client acknowledges that it is their responsibility to ensure that all cabinets are securely fitted, levelled and have sufficient braces where applicable. The Client accepts that the Company bears no responsibility for incorrectly fitted units or faulty cabinets causing damage, to the counter tops installed, during or after installation.
4.7. The Company will not carry out any work in relation to the disconnection or reconnection of any plumbing or electrical appliances and the Client acknowledges that it is their responsibility to ensure that disconnection and reconnection is carried out by a suitably qualified tradesperson. The Client should make their own arrangements in respect of the above to coincide with installation.
4.8. The Company will cut out sink insets and hob insets as per Client’s instructions, only where those appliances are on site at the time of installation or where they follow the Client’s instructions. The Company accepts no responsibility where the appliance is not on site.
4.9. The Company may, at its sole discretion, delegate the performance of the whole or any part of the services to any agent or subcontractor.
5. Breach and Cancellation.
5.1. Should the Client commit a breach of any obligation contained in these terms and conditions, including but not limited to, a breach of clause 1 (non-payment), and fail to remedy such breach within 7 (seven) days of receipt of written notice requiring it to do so, the Client undertakes to pay all legal costs incurred by the Company in recovering any amount due to it, including attorneys fees on an attorney own client scale and other related costs.
6. Force Majeure or Act of God. The due performance of this agreement is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Company will not be liable to the Client and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances: force majeure (Acts of God); loss, damage, destruction or theft of any property; any act or circumstance, save for gross negligence by the Company, causing the loss, damage / destruction.
7. Standard Terms Applicable to Services. Save where expressly agreed to the contrary in writing, the Company shall perform the services in accordance with these terms. All resulting agreements or other arrangements will in all respects be governed by and subject to these terms which supersede, replace and prevail over all and any prior agreements and/or other arrangements entered into between the parties.
8. Suspension/Termination of Services. The Company shall be entitled, without prejudice to any other rights which it may have at law, immediately and without liability, to suspend and/or terminate provision of the services in the event that the Client should breach any of its obligations under and in terms of these terms, or in the event that the Client should a enter into an arrangement with its creditors, compound for its liabilities, be placed into business rescue, or be subject to an application for its liquidation, (whether provisional or final) or otherwise commit any act which if committed by a natural person would be deemed an act of insolvency.
9. Invalidity. If any one or more provisions of these terms are found to be illegal, invalid, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10. Governing Law and Jurisdiction.
10.1. These terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. All disputes, actions and other matters relating hereto shall be determined in accordance with such law.
10.2. For the purposes of all or any proceedings herein the parties hereby consent to the jurisdiction of the Magistrate's Court otherwise having jurisdiction under Section 28 of the Magistrate's Court Act of 1944, as amended; notwithstanding that such proceedings are otherwise beyond the jurisdiction, this clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said Court pursuant to Section 45 of the Magistrate's Court Act of 1944, as amended.
11. Alterations and Amendments. The Company reserves the right to amend, vary, alter and substitute all or any of the terms contained herein from time to time.