Terms & Conditions
***Please note all pricing are only valid for areas within a 50kms radius from Germiston - Additional will be added to cover fuel expenses, tollgate fees etc...***
Specials running will only be valid for 7 days
ONCE DEPOSIT WAS PAID THERE WILL BE NO REFUNDS AVAILABLE AS THE SUPPLIER WAS ALREADY PAID
DEFINITIONS & INTERPRETATION
a) “The Client” will mean the person and/or entity appearing on the quotation.
b) “The Service Provider” will mean E & R Services.
c) “The Agreement” – shall mean the quotation incorporating these terms and conditions.
d) words importing natural persons shall include a reference to bodies corporate and other legal personae and vice versa;
e) words importing the singular shall include a reference to the plural and vice versa;
f) a reference to a party in a document includes that party’s successors, executors, administrators, agents, substitutes and permitted assigns.
TERMS OF SERVICE
1) The said borehole position is to be marked on site by the Client and the responsibility rests with the client to ensure that the drill rig is set up on the correct position before commencement of the drilling operation.
1.1 Should the client elect for the Service Provider to indicate the drilling mark the Service Provider will accept no liability in relation to the accuracy of same.
2) The minimum charge of the borehole shall be 40m, irrespective of the depth reached before adequate water is found.
3) The terms of service may be varied and additions may be in writing save that such additions and or variations are agreed to in writing prior to same being implemented.
4) The Service provider under no circumstances guarantee:
4.1 that the hole will produce water;
4.2 that the hole will produce sufficient water;
4.3 the pressure the hole will produce;
4.4 that the underground surfaces are suitable for a borehole;
4.5 the quality of water.
5) The Client understands the nature of the service provided and as such accepts full responsibility for the notification towards neighbors, tenants, employees, third parties etc. of the proposed work that will be undertaken as well as to inform them of the times and dates that the work will be conducted.
6) The Service provider accepts no liability and the Client indemnifies the Service provider against any loss and/or damage which may arise as a result of the service provided towards any third party.
7) The client undertakes to make payment of the deposit as indicated on the quotation prior to any commencement of work by the service provider.
8) The Service Provider may, free of any penalty, cease the drilling operation in the event of the conditions becoming dangerous or equipment malfunctioning. In such event the operation will continue once the danger has resolved and/or the machinery had been replaced or repaired.
THE SERVICE PROVIDER
9) Shall determine the time, manner, means and method of doing the work.
10) Shall furnish all labour, tools and machinery necessary to carry out his part of the agreement and shall complete the work under this agreement diligently and in good workmanlike manner.
11) Warrants that the borehole will be drilled, to allow the installation of the borehole pump to the full depth of the borehole subject to clause 4 herein above.
12) Accepts no responsibility for, nor shall make good any damage caused to underground services, structures, or obstructions of any form. The Client shall indemnify the Service Provider from any claims, losses or liabilities arising from such damage unless the position of such underground services, structures, or obstructions has been indicated on site, and in writing on drawings supplied to the Service Provider before the commencement of work.
13) Provides no guarantee on the quality or quantity of water delivered from the borehole.
14) Is not liable for ruble removal and can be quoted extra is necessary.
THE CLIENT
15) Hereby warrants that he has full right and authority to enter into this agreement and to authorize the Service Provider to drill on the site as requested and indicated by the Client.
16) The Client is required to obtain licences, permits, permissions from authorities or third parties to enable the service provider to fulfil the terms of the agreement.
17) Does hereby grant the service provider full right access to and from the drilling site to perform in terms of the agreement.
18) The Client also agrees to allow operational continuity without having to move off-site and re establish. In the event of the Service provider has to move off-site and re-establish for reasons beyond the Service Providers control, the cost for such re-establishment will be quoted and need to be accepted by the Client.
19) The Client, agrees to indemnify the Service Provider against any claim of whatsoever nature which may be made against the Service Provider, arising out of any injury to any person or damage to any property which shall be due to the negligence of or the emission by the Client, their servants, agents, invitees, or any other person and, without limiting this indemnity, their failure to comply with any of the obligations cast upon them in terms of these conditions.
20) Will provide to the Service Provider at no charge, such space at the drill site and its proximity, as the Service Provider may require for his equipment and material and agrees not to hold the Service Provider liable in the event of accidental damage to crops, buildings, trees, fences, walls, or any other property upon or adjacent to such a site.
21) Will provide the Service Provider with an adequate supply of fresh water free of charge (if required).
22) Will provide full sanitation facilities to the Service Provider and its employees during the time they are on site unless otherwise agreed with the Service Provider.
23) If required, at the Client’s own cost, provide protection to existing structures such as, but not limited to, paving, walls, slabs, windows or other erections and surfaces against damage from our equipment, dust and operation.
24) The Purchaser will pay a deposit as per the attached quotation upon signature and acceptance thereof.
PAYMENT TERMS AND INVOICING
25) The final invoice is subject to measurement of the depth drilled and material quantities used at the rates quoted, discussed with the Client and approved.
26) The quote does not allow for penalties, damages and retention.
27) The quote is valid for 15 days from date of issue. Payment of the balance of the final price is payable in full on completion of drilling and presentation of the invoice. Interest of 2% per month will be charged on overdue amounts.
BREACH
28) In the event of the client committing any breach of any of the terms and conditions as per this agreement or in the event of the client failing to make timeous payment of any amounts on the due date and, failing to remedy such breach on seven (7) days written notice from the Service Provider to do so, then the Service Provider, in addition to and without prejudice to any other rights the Service Provider may have, shall be entitled to either:
28.1 Terminate this agreement by written notice to the Client, in which event the Client will be liable for payment of the value of work completed to that date of termination and all other damages suffered by reason of termination of the agreement;
28.2 Institute legal proceedings against the Client arising out of the agreement and the Client specifically consents to the jurisdiction of the Magistrates court in terms of Section 45 of The Magistrates Court Act no. 34 of 1944, notwithstanding that any amount so claimed or action instituted would otherwise exceed such jurisdiction.
28.3 Any collection and legal fees incurred by the Service Provider as a result of any breach by the Client will be for the Client’s account and will be recoverable at a rate as between Attorney and Own Client.
28.4 All materials remain the property of the Service Provider until payment has been received in full, and in terms of this agreement, the client specifically grants the Service Provider, its employees and/or its agent, permission to enter the Clients property to remove such materials in the event of a breach in terms of this clause.
28.5 No waiver of any condition herein shall be deemed to be a waiver of any other conditions contained herein, unless agreed to by us in writing.
28.6 No variation will be enforceable or of any effect unless reduced to writing
*** No warranties will be honoured if client make use of own equipment
DRILLING!
ALWAYS AS PER SUPPLIER'S T&C'S
