Terms & Conditions

3rd May 2016

Construction and Building Services

1. The proposal we are providing is based on the information that we have been supplied and/or any relevant plans. It relates to the works requested by the client to whom the estimate is addressed and is in respect of the property indicated. On receipt of working drawings we reserve the right to altar our quotation if the detailed information varies from the original enquiry.
2. The proposal will remain open for acceptance for a period of 1 months from the date there on. If the quotation should be accepted a written contract will be set up between Brainworx Consult (Pty) Ltd and the client and a 75% deposit will be required prior to commencement of works.
3. The proposal is based on the visual inspection and assumed condition of the land/building, unless stated otherwise with evidence of a written description or detailed plans from the structural engineer or architect. Any change to those conditions found to exist as work proceeds may result in additional charge to those initially indicated and Brainworx Consult will not be held liable.
4. The client, in accepting this proposal, agrees to Brainworx Consult (Pty) Ltd carrying out the described works on his/her property, and he/she shall make reasonable provisions to protect his/her fixtures and fittings not subject to the described works and other possessions left in the property whilst the works are undertaken. The client shall also make safe, suitable and
uninterrupted access.
5. The proposal is based on the work being carried out during normal working hours. Should weekend, holiday or other extraordinary hours be required the client may incur an additional costs for this.
6. Any changes or alterations to the quoted works or to the materials requested by the client may result in an alteration to the costs. All additional works instructed to be carried out during the course of works will be subject to additional charges based on day rate basis and any extra materials will be charged accordingly.
7. The proposal is subject to the availability of materials, plant and labour at the time required. Liability cannot be accepted for delays or their effects either whole or part to causes out of our control.
8. The proposal provided is based on known costs for materials etc., at the time of preparation. Occasionally the building trade experiences sudden price increases. Whilst we aim to keep with in the quoted costs, we may be forced to increase charges when situations like this occur. We will notify the client of any such increases.
9. Where present, it will be assumed that the supply of water, electricity and toilet facilities will be made available for the use of all workman on site. If not an additional charge may be made to provide these services to comply with health & safety.
10. The proposal is based on the information given with the enquiry on all services either under ground or above. We would expect the client to be in receipt of all service drawings and all services located prior to any excavation taking place. No liability of damage services will be paid by Brainworx Consult (Pty) Ltd.
11. Brainworx Consult shall not be held liable for any works undertaken at the client’s instructions if that work requires planning or other consents, which the client has not obtained. Unless requested as part the contract, it is the responsibility of the client to apply for and pay all appropriate fees, for such consent prior to the commencement of works.
12. Brainworx Consult aims to carry out works to a very high standard and in accordance with current legal and building regulations. Any changes to the regulations which were not in existence at the date of this contract Brainworx Consult will not be liable for.
13. All visitors to the site where works are being carried out including owners of the property, do so at their own risk. Brainworx Consult will not accept any liability for injury should an accident occur.
14. Terms of payment are strictly 7 days from the date of invoice. Late payment may result in an interest charge calculated on a daily basis.

15. Any disputes with the invoice must be raised in writing with in 7 days of the date of invoice. Failure to do this will result in the full invoice amount being made payable.
16. All invoices where applicable will be subject to V.A.T at the appropriate rate. Unless the client advises Brainworx Consult (Pty) Ltd of any different rate we will automatically charge the standard rate of 14%.
17. All goods, for whatsoever supplied, shall remain the property of Brainworx Consult (Pty) Ltd until paid in full. “Notwithstanding that risk in the goods shall pass to the buyer upon delivery, full legal and equitable title and interest in all and any goods supplied by Brainworx Consult (Pty) Ltd to the buyer shall remain vested in Brainworx Consult (Pty) Ltd, Including where such goods have been affixed to the land or property by the buyer or his agents, and shall not pass to the buyer until Brainworx Consult (Pty) Ltd shall have received payment in full of all amounts due and owing from the buyer to Brainworx Consult for the time being (including any interest accruing and owing to Brainworx Consult (Pty) Ltd.”

Our Service and Guarantees [Corporate Supplies & Deliveries]

Brainworx Consult’s general “Terms and Conditions” apply to every proposal. A copy of these “Terms and Conditions” is available on request.
– All prices quoted are net and include VAT.
– If individual items are not delivered, the client may withhold payment.
– Payment may not be withheld on any invoices whatsoever if the order has only be partially filled.
– Prices quoted include initial delivery and packages. Please check with your Sales Consultant to confirm the date and times of delivery to your area.
– No COD delivery will be made unless the invoice is settled in full at the time of the delivery.
– Delivery teams are instructed to return stock to Brainworx Consult if full payment is not received.
– Please Note: Should payment for a COD order be made by cheque a 7-10 day clearance period will be applicable before goods are released. If payment is made by EFT, a 3 day clearance period will apply.
– All quotes / orders must be confirmed by signing an official order as well as signing this “Service and Guarantee document.
– Verbal orders will not be acceptable.
– Please confirm a more accurate lead time on placement of orders with your Sales Consultant.
– Please note no ‘made to order’ or ‘special’ items’ may be cancelled, returned, or exchanged.
All prices quoted are valid for a period of 30 days unless otherwise stated.
All items carry guarantee against faulty packaging/on transit defects . Please ask your Sales Consultant for the specific guarantees for items quoted on.
– Items will be delivered within 4-5 working days.
– Should any delay arise, we will advise on the appropriate lead time.
– Under no circumstances may goods be returned to Brainworx Consult after delivery without prior written agreement.
– Once goods have been received, the responsibility for care of the items will be with the Customer.
– Brainworx Consult requires that a Company Representative is available at the time of delivery to check the delivery and sign relevant documentation.
All deliveries will be confirmed with the Customer, the day prior to delivery.
– In many cases, if installation/assembly is required, the delivery and installation can not be completed on the same day, because of the nature and size of the installation. Your Brainworx Consultant will advise you on this. In such cases installation will occur the day after delivery.
– Any changes to layout and deliveries made after initial delivery and installation will be for the Client’s account and calculated at an hourly rate.
– Should the Client request delivery or installation outside of the specific working hours of Brainworx Consult, it will be calculated at an hourly rate.
– Storage costs will apply for any customer delivery delays exceeding 5hrs. Please check the weekly storage rate with your Sales Consultant.