Acceptance of an Estimate by the Client shall form a binding contract with the Austin Draught Tech, LLC. The contract between the parties is subject only to the terms and conditions detailed below.
1. DEFINITIONS. For the purpose of these Terms & Conditions the following words shall have the following meanings: 1.1 “Agreement” means the paid estimate between the Service Provider and the Client for the provision of the Services and/or Products” 1.2 “Client” means the owner, or occupier of the property at which the work is to be performed, alternatively the owner’s agent who warrants that he is duly authorized to bind the owner. 1.3 “Commencement date” means the date agreed by the parties in writing as mutually suitable for the work or consultation to begin. 1.4 “Equipment” means such as tools and machinery as may be necessary to execute the work. 1.5 “Materials” means all materials, appliances, and apparatuses to be installed, or used in the execution of the work. 1.6 “Order” means the formal acceptance by the Customer of a quoted work proposal. 1.7 “Practical Completion” means this is the date on which the work has been completed and handed over to the Client together with the final invoice in respect of the completed work. 1.8 “Price” means the amount payable in terms of any quotation for services provided in terms of these terms and conditions. 1.9 Product” means, in general, a single item or unit, a group of equivalent products, a grouping of goods or services, or an industrial classification for the goods or services which are to be used or installed in terms of these terms and conditions. 1.10 “Property” means the Client’s property at which the work is to be affected and shall be deemed to be at the address reflected on the accepted signed estimate, unless the contrary is stated. 1.11 “Estimate” means a statement of work, proposal or other similar document describing the Services and/or the Products as well as the price and payment terms for such Services or Products. 1.12 “Service Provider” means an entity that provides professional services to other businesses or individuals (AUSTIN DRAUGHT TECH). 1.13 “Services” means the work that is to be performed by the Service Provider including, but not limited to, the services described in clause 6 hereof. 1.14 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document. 1.15 “Work” means all work to be effected in terms of this document by AUSTIN DRAUGHT TECH at the specified property.
2. DURATION. These terms and conditions will, come into operation on the commencement date and will continue until the practical completion date has been reached, as quoted in the quotation and/or order, alternatively on such other reasonable date as agreed by the parties in writing unless terminated prior to such date by either party in accordance with the terms contained herein. On the date of practical completion, AUSTIN DRAUGHT TECH shall hand the work on the property over to the Client and render a final invoice in respect of the contract price. The Client shall be obliged to accept the work and the final invoice, subject to the Client’s rights to insist on the repair of any defects that may be manifest itself as set out in these terms and conditions.
3. PAYMENT. 3.1 All estimates are valid for a period of 30 days from the date of receipt of the quotation. 3.2 The price for Services and/or Products and/or Materials is specified in the quotation and is inclusive of VAT, unless otherwise specified. 3.3 The terms for payment are as specified in the quotation. 3.4 A deposit of 50% (or as indicated on quote) of the quoted price will be required on all estimates. 3.5 Payment of the balance of the quoted price will be made by the Client within 30 days of date of invoice, into the bank account nominated by AUSTIN DRAUGHT TECH. 3.6 In the event of late payment by the Parties then interest will accrue at 15.5% (fifteen and a half percent) lending rate. 3.7 Services will be provided to the Client on the commencement date agreed to by the parties following acceptance of the quotation and payment of the deposit; but such date may be delayed at the choice of AUSTIN DRAUGHT TECH if the deposit is still outstanding on the anticipated date of providing the services and/or products; or if there are any delays in the supply of products by the AUSTIN DRAUGHT TECH’ suppliers which cannot be directly or indirectly attributed to AUSTIN DRAUGHT TECH. 3.8 AUSTIN DRAUGHT TECH is entitled to vary the price taking the following into account: a) any additional Services and/or Products requested by the Client, which were not included in the original quotation; b) any unexpected increase in the cost of materials and / or products; c) any additional work required to complete the Services, which was not anticipated at the time of the original quotation. 3.9 Any price variation will be in writing to the Client for his / her approval. 3.10 No work will commence without an order number or letter of appointment. Telephonic instructions are deemed as official orders. 3.11 Quoted prices are subject to fluctuations in the exchange rate. 3.12 AUSTIN DRAUGHT TECH may charge the Client interest on any amount not paid on the due date, calculated from the date such payment was due until payment has been made in full, at the maximum rate permitted. 3.13 All work can be re-measured by AUSTIN DRAUGHT TECH for final involve.
4. OBLIGATIONS OF THE SERVICE PROVIDER (AUSTIN DRAUGHT TECH). The Service Provider will: 4.1. Supply the Services and/or Products / Materials as specified in the quotation. 4.2. Perform the Services with reasonable skill and care and to the highest standards and in accordance with recognized codes of practice. 4.3. Comply with all relevant health and safety regulations. 4.4. Be responsible for all waste management and disposal required in the course of providing the Services and/or Products. 4.5. Always clear and tidy the work area on completion. 4.6. Take all reasonable steps to protect furniture, floor coverings and any other valuables when providing the Services. 4.8. Where required, be registered with the relevant organization for the purpose of self-certification or notify building control to arrange for an inspection of the work carried out if so required to do so in terms of the relevant building regulations. 4.9. Hold valid employer and public liability insurance policies. 4.10 All work is under a six (6) month guarantee after final handover and signoff.
5. OBLIGATIONS OF THE CLIENT. The Client will: 5.1 Provide access to his/her property at the times specified for the duration of the project. Normal working hours are Mondays to Fridays, 8:00am-5:00pm. Special arrangements will be made for work necessary to be completed on Saturdays, Sundays and Public Holidays. 5.2 Co-operate with all reasonable requests by AUSTIN DRAUGHT TECH. 5.3 Not cause any unreasonable delays. Any standstill / delay caused by the Client shall be charged per hour of standstill as per our standard rates. 5.4 Provide electricity, water and toilet facilities to AUSTIN DRAUGHT TECH for the purpose of completing the Services/Project. 5.5 Be responsible for any redecoration required after the Services/Products have been supplied, unless otherwise provided for in the quotation. 5.6 Ensure adequate ventilation in areas requiring indoor work. 5.7 Be liable for any expenses incurred by the Service Provider as a result of the Client’s failure to comply with the obligations as defined in these terms and conditions. 5.8 Inform AUSTIN DRAUGHT TECH of any faults or problems in respect of the services provided or products and/or materials supplied as soon as possible after such fault or problem is discovered within six (6) months after final handover and signoff. 5.9 Ensure that payment of money due in terms of these terms and conditions is made in accordance with the provisions hereof.
6. OWNERSHIP. Ownership in any products and/or materials installed remains vested in AUSTIN DRAUGHT TECH until the Client has paid all amounts owing in terms of the quotation;
7. BREACH. 7.1 Should the Client be in default of any payment due in terms of these terms and conditions or be in breach of its terms in any other way and fail to remedy such default or breach within 30 days after dispatch of a notice to remedy the breach, AUSTIN DRAUGHT TECH will be entitled, without prejudice to any alternative or additional right or action or remedy available to them under the circumstances, to claim immediate payment of all amounts due to AUSTIN DRAUGHT TECH in terms of the agreement, provided that if the Client does not make immediate payment, AUSTIN DRAUGHT TECH may, refer the matter to a court of law within the Republic with jurisdiction; 7.2 Without prejudice to any other remedies which either of the Parties may otherwise have in terms of the Agreement or at law, the Aggrieved Party shall be entitled to terminate the Agreement, by written Notice to the other, in the event that the Infringing Party: a) Breaches any of its obligations and/or warranties in terms of these terms and conditions; b) Acts dishonestly and/or in bad faith; c) Made or makes any intentional or negligent misrepresentation to the Aggrieved Party, whether in any negotiations preceding the conclusion of, or in the execution of these terms and conditions; d) Conducts itself in a manner which is likely to bring the Aggrieved Party into disrepute;
8. TERMINATION / CANCELLATION. 8.1 The Service Provider is entitled to impose a reasonable cancellation fee in the event of cancellation before the commencement date or before the services are provided. The amount of such cancellation fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. 8.2 No refunds will be given on deposits in the event of cancellation in respect of products and/or materials that have already been ordered or products and/or materials that have been specially made to order. 8.3 The Service Provider reserves the right to cancel an order / booking if the Client breaches any material terms or conditions contained herein and after 20 (twenty) business days’ written notice doesn’t rectify such breach.
9. DISPUTE RESOLUTION. If the Parties are unable to resolve any dispute resulting from these terms and conditions by means of joint co-operation or discussion between the individuals directly involved with the execution of these terms and conditions, within 5 (five) calendar days after a dispute arises or such extended time period as the Parties may in writing allow, then such a dispute shall be submitted to the most senior executives of the Parties who shall endeavor to resolve this dispute, within 5 (five) calendar days after it having been referred to them. Should the dispute not be resolved in the aforesaid manner, then it shall be resolved by way of referral to a court of law within the Republic with jurisdiction.
10. LIABILITY. 10.1 AUSTIN DRAUGHT TECH will not be liable for any delay in rendering any of the services pursuant to these terms and conditions or any failure to render such service due to the negligence of the Client. 10.2 The Client indemnifies and holds AUSTIN DRAUGHT TECH harmless against any claim of whatsoever nature which may be brought against AUSTIN DRAUGHT TECH by any person as a result of death, injury, damage to or loss of property at any time arising out of or connected with the failure to provide the services, excluding a grossly negligent act or omission by AUSTIN DRAUGHT TECH or its employees or agents. 10.3 It is agreed that no insurer will have any rights of subrogation against AUSTIN DRAUGHT TECH and the Client agrees to notify its insurers of all the provisions of this clause. 10.4 AUSTIN DRAUGHT TECH agrees to use all reasonable care in providing services and installing products and/or materials. Should AUSTIN DRAUGHT TECH inform the client that damage may be caused to the premises during the provision of services AUSTIN DRAUGHT TECH will not be liable for the damage caused.
11. WAIVER. Notwithstanding any provisions in these terms and conditions, the Client hereby agrees to waive all claims for any harm or loss, including consequential losses, which it may substantially have against the Company, its employees, agents or any other persons connected in some way to the services referred to in these terms and conditions, such claims having arisen from any cause whatsoever
12. WARRANTIES. 12.1 Within six (6) months after the supply of services and/or installation of all products and materials, AUSTIN DRAUGHT TECH will repair or replace the defective equipment; 12.2 Should AUSTIN DRAUGHT TECH repair or replace defective equipment and within 3 months the repair or replacement of the defective equipment has not been remedied, AUSTIN DRAUGHT TECH will replace the defective equipment. Any further repair or replacement of defective equipment after 3months will be for the Client’s account; 12.3 Neither party has given any warranty or made any representation to the other party, other than the warranties or representations which may be expressly set out in these terms and conditions. 12.4 Parts used are under guarantee by the manufacturer/Supplier 12.5 Austin Draught Tech cannot be held liable for any damages caused due to faulty manufacturing of the parts. They will however claim for a replacement of the faulty part and re-install it.
13. GOOD FAITH. The Parties shall act with the utmost good faith between each other in all matters concerning these terms and conditions and the Parties shall use their best endeavors to ensure that the objectives of these terms and conditions are met and realized.
14. COSTS. All costs and disbursements, including legal costs on attorney and own client scale, incurred by AUSTIN DRAUGHT TECH in tracing the Client or endeavoring to collect all or any amounts payable by the Client to AUSTIN DRAUGHT TECH or otherwise and all collection commissions and all other charges of a like nature are payable by the Client to AUSTIN DRAUGHT TECH on demand.
15. GOVERNING LAW. The Parties hereby agree that the validity and interpretation of these Terms and Conditions will be governed by the laws of the State of Texas.