The Client appoints Jaycee Glass and Aluminium (Pty) Ltd (“Contractor”), through their acceptance of the Quote, as its exclusive provider to complete the Scope of Work, as noted in the Quote on the terms and conditions of this Agreement, which appointment Jaycee Glass and Aluminium (Pty) Ltd accepts.

DEFINITIONS:

1.1 “Agreement”means the Agreement between the parties regarding the Project as embodied herein, read with the Quote, Scope of Work, and any Special Conditions.
1.2 “Contractor” means the JAYCEE means JAYCEE GLASS AND ALUMINIUM, a company incorporated within the Republic of South Africa.
1.3 “Contract Price” means the total price payable by the Client to the Contractor in respect of the Material and/or Services to be provided in respect of the Project;
1.4 “Effective Date” means the date of commencement of the Project as specified in the Quote, or the rendering of the Services as identified therein, whichever occurs first in time;
1.5 “Material and/or Services” means the building material and construction and related services required for the execution of the Project, as specified in the Quote;
1.6 “Invoice” means a valid tax invoice issued in terms of and complying with the VAT Act of the Republic of South Africa;
1.7 “Project” means the building project as more fully specified in the Quote, and/or the Scope of Work;
1.8 “Scope of Work” means the Material and/or Services to be provided in respect of the Project, as more fully detailed in the Quote as well as any accompanying documents and drawings, if applicable;
1.9 “Special Conditions” means any special conditions, if any, relating to the Project varying or adding to these general terms and conditions as documented in a separate annexure.

MATERIAL AND SERVICES

2.1 Jaycee agrees to provide the Material and/or Services per, and within the time frame, as set out in the Quote as read with these terms and conditions, as well as the Special Conditions.
2.2 By responding to the Quote in the affirmative, and through payment of the initial deposit the Client and Jaycee will be deemed to have accepted and agreed to these terms and conditions.

DELIVERABLES: TIME OF THE ESSENCE

3.1 Delivery of the Material and/or the rendering of the Services shall occur pursuant to the Scope of Work as specified in the Quote against full payment of the Contract Price.

QUOTE

4.1 Once a Quote is accepted, Jaycee shall generate an invoice.
4.2 Materials and services shall be specified on the Quote and shall include material/s, labour, glass and aluminium installation, external silicon, and standard hardware (i.e. handles and hinges) unless stated differently.

4.3 The Quote shall include all needed for the complete installation and completion of the Scope of Work stated on the Quote, with no hidden costs.
4.4 Unless included and provided for in the Quote, a Quote shall expressly exclude the following:
i) external sealants for aluminium frames where the masonry is not/will not be plastered will come at an additional charge for the Client’s account;
ii) exclude cleaning;
iii) exclude any entrance fees required to enter a site.
iv) wrapping of windows;
v) any structural steel and/or supports that may be required. (unless stated differently on Quote);
vi) any equipment (i.e. scaffolding, cherry picker etc.) that may be necessary to install products at excessive heights, this will come at an additional cost (unless stated differently);
vii) any electrical work.
4.5 Final measurements are to be taken by an employee of Jaycee. If a Client insists on providing their measurements, said Client will be required to do so in writing and expressly indemnify Jaycee for any additional costs incurred by Jaycee should the Client measurements be inaccurate
4.6 If it is required, and to provide a Quote, the Client shall provide Jaycee with the following:
i) Building plans, design and window schedule;
ii) Physical address;
iii) Glazing specification;
iv) Aluminium finish (colour);
v) Aluminium section specification;
vi) Wind Load;
vii) U-Value;
viii) New Building/renovation;
ix) Plastered/Face brick.
4.7 If a Client neglects or refuse to provide the values noted in point 4.6 default values and standard colours will be used. Any changes to defaults used after manufactured and/or installed products will come at additional costs.
4.8 The Client accepts and acknowledges the colour of the aluminium and glass upon acceptance of the quotation. Suppose the aluminium and glass are cut, and the Client notifies Jaycee of proposed changes. In that case, the Client shall remain responsible for the cost of any glass and aluminium that is not salvageable for the Project.
4.9 Unless specifically quoted, Jaycee shall not be responsible for any demolition, building, or plasterwork. All construction remains the sole responsibility of the Client.
4.10 It is the responsibility of the Client to confirm and accept the Quote as correct. Any alterations or changes to a Quote may lead to additional costs.
4.11 It is the Client’s responsibility to ensure that the opening direction of all sliding-, sliding folding- and hinged doors are correct, as a change in direction will come at an additional cost for the Client’s account.

4.12 Jaycee shall be the sole contractor responsible for the
Works, another contractor may only be appointed with the
written consent of Jaycee.

GUARANTEES AND WARRANTIES

5.1 Jaycee warrants that it has clear title to all Material furnished hereunder and that the same is being delivered free and clear of any encumbrances.
5.2 Jaycee warrants that the Services will be provided in a timeous, proper, and workmanlike manner.
5.3 Jaycee further warrants that all Material and the Services shall conform to the Quotes specifications and requirements.
5.4 Upon completion of the installation, Jaycee provides the Client with a 12-month Contractors Warranty. A Contractors Warranty shall be provided where the Client can provide a copy of this signed terms and conditions document, and Jaycee has been paid in full.
5.5 If a product has been tampered with by any other than Jaycee Glass Aluminium or an Act of God (i.e. floods, earthquakes etc.) occur, the Contractors Warranty will be immediately void.
5.6 Jaycee further offer:
i) a 15-year guarantee against the peeling of powder coating (colour) on all aluminium products.
ii) a 10-year guarantee against the delamination of all laminated glasses installed by Jaycee Glass & Aluminium.

5.7 To confirm the veracity of a warranty claim, a client is required to present the signed terms and conditions document and proof of payment for any warranty to be honoured.
5.8 The Client warrants that it shall provide JAYCEE with reasonable access to the site to complete the Works.

LEAD TIME

6.1 Lead times will be applicable when:

a. 50% deposit of the Contract Price, a signed quotation with these terms and conditions and a copy of the Client’s ID document has been received.
b. An employee of Jaycee has taken final measurements.

6.2 Lead times range from 15 – to 20 working days. The installation date will be confirmed (“installation”) and shall be confirmed once payment of the deposit has been received and allocated.
6.3 On the installation date, the installation will commence after a further payment of 40% of the Contract Price.
6.4 Lead times will extend should the Client fail to affect the further payment.
6.5 The Client’s responsibility is to make the further payment of 40% of the Contract Price. If a Client neglects to affect a further payment, installation shall not commence, and the installation date shall be moved to a new installation date.
6.6 Any changes made to the design of products after accepting the quotation may influence lead times and pricing.
6.7 Lead times will be influenced should the apertures be required to be set correctly for installation
6.8 Lead times exclude contracts that include special powder-coated aluminium, double-glazing, special and toughened safety glass, custom framed showers.
6.9 Lead times do not include the time acquired to complete the installation.
6.10 Lead times may be influenced should access premises is in any way restricted. It may further be affected by public holidays, long weekends, and inclement weather is inclement, there’s a taxi, bus or train strike and/or our employees are unable to attend a workday.
6.11 Lead times may be influenced due to the Suppliers of Jaycee being out of stock or if their employees may go on strike. Should Jaycee be unable to receive the Material and hardware required to manufacture or complete the Project in time, it is agreed that it shall be communicated with the Client, and a new installation date shall be confirmed.

PAYMENT

7.1 Client shall affect payment of the Contract Price as follow:
a) 50% of the Contract Price once the Quote is accepted.
b) 40% of the Contract Prince once the installation date is confirmed.
c) 10% of the Contract Price once the Project is completed.
7.2 Due to escalations and variations in the price of materials, a quote may change at any time without prior notice and is subject to the standard Jaycee Glass & Aluminium Terms And Conditions.
7.3 In the event that a Client neglects to provide Jaycee with a signed copy of this Agreement, it is agreed that on receipt of the initial deposit, the Client acknowledges and accepts the conditions of this Agreement to be binding.
7.4 Should the Client wish to terminate this Agreement after manufacturing have commenced the Client shall forfeit their entire deposit.
7.5 In the event that a Client fails to effect payment timeously, statutory interest applicable to incidental credit agreements will apply. Interest will be charged on all overdue payments, where payments are overdue for a period of more than 20 calendar days. Interest shall be charged at 2% per month which accumulates to 24% per annum which can be charged on default payment.

7.6 Once Jaycee has certified a project as complete, and notified a Client of such, a Client shall have no retention on any remaining amounts due to Jaycee. A Client shall immediate, and within a period of 24 hours, affect payment of the final 10% of the contract amount.
7.7 Notwithstanding any provisions of this Agreement, each party irrevocably waives any and all rights it may have to set off, net, recoup or otherwise withhold or suspend payment between the Parties.

7.8 When the Works are substantially complete, Jaycee will notify the Client in writing, who will within 5 (five) business days, will inspect the Works and provide Jaycee with a single, comprehensive, written list of any work still to be completed and/or defects to be remedied, which written list will be known as a Snag list.
7.9 Jaycee shall have a period of no more than three months wherein remedy any faults or defects noted on the Snag List.
7.10 Jaycee reserves the right to withhold the Glazing Certificate until the Project is paid in full.
7.11 All products manufactured and installed by Jaycee will remain the property of Jaycee until full payment has been received. As a result, Jaycee Glass & Aluminium reserves the right to remove any and all items manufactured and installed should full payment not be received when due. The Client expressly indemnifies Jaycee, and it will not be held liable for any damage or legal fees due to the removal of such items.
7.12 For the avoidance of doubt, until payment has been received in full, JACYEE exercise a builders lien exists on the Works.
7.13 If an installation is removed, the Client will remain liable for the outstanding amount and all damages and costs.
7.14 Failure to affect payment may be regarded as a material breach of this Agreement, and Jaycee may, in their sole discretion, terminate this agreement and institute immediate legal action.
7.15 In the event that a Client refuse, or in the alternate neglects to affect payment of the Contract Amount, Jaycee may issue a certificate setting out the indebtedness of the Client. Such document shall serve as prima facie evidence of such indebtedness and would be valid as a liquid document for the purposes of provisional sentence or summary judgment.
7.16 Should legal action ensue, both parties agree that any legal cost shall be awarded on an Attorney and Client scale.

INDEMNITY

8.1 JAYCEE will not be held liable for any loss or damage of/to any products, tiles, plaster work, paint work, plumbing, paving, plants, grass or repair work required where old items have been removed and damages caused.
8.2 JAYCEE will not be held liable for any damage, should a client insist, against the advice of JAYCEE, on a door opening direction (inward) that will cause water leakage.
8.3 JAYCEE will not take responsibility for leaking windows where construction is the cause (windowsills and overhangs).
8.4 The Client hereby indemnifies JAYCEE regarding any liability for latent defects discovered beyond a period of 12 months.