Metro Terms and Conditions & Health and Safety Statement
At Metro we take health and safety as a serious element of our business in a proactive manner from the management team through to all employees whether office or site based.
- All staff members are covered by the comprehensive Federated
Employers’ Mutual Assurance Company giving them quality assurance cover in case
of unforeseen issues.
- Our Health and Safety team have years of experience working
in the construction industry.
- Our staff receive ongoing and updated training in the
relevant sectors for their task specific duties with efficient team members
trained in fire-fighting, first aid, working at height and all industry
standard regulations ensuring a safe working environment for themselves and our
- We also carry out a weekly tool box talk session
incorporating subjects such as housekeeping, risk assessment, incident prevention and safety harness use.
Metro's aim is a zero accident workplace for all.
General Terms and Conditions for quotes and contracts
In the interests of a fair and pleasant experience with METRO ROOFING CONTRACTORS kindly ensure that you have read and understood the terms and conditions hereunder
GENERAL TERMS AND CONDITIONS
Kindly note that for the purposes of this Agreement that, unless the context clearly requires otherwise that:-
1.1. The singular includes the plural and vice versa;
1.2. Any reference to gender, whether masculine or feminine or neuter, includes a reference to the other two genders;
1.3. “METRO” refers to METRO ROOFING CONTRACTORS the service provider;
1.4. “Client” refers to the party entering into this agreement with Metro in respect of goods supplied and/or services rendered;
1.5. Any reference to natural persons includes legal persons and vice versa;
2. COMMENCEMENT OF PROJECT
METRO shall not be required to commence work on the Project until it is satisfied that payment of the contract price has been secured;
3. ADMINISTRATION AND REGISTRATION
3.1. METRO warrants that it is registered with the Electrical Contractors Association (SA) and the Building Industry Bargaining Council.
3.2. The Client shall be responsible for securing the supply of electricity to the site of the roofing project and shall be liable for the cost of thereof. Should there be a need for power to be supplied or a power stoppage necessitating the use of a generator, hire costs will be incurred and will be for the account of the Client.
3.3 The client shall be responsible for supplying a toilet facility. Should the client require a toilet facility to be provided, this will come at an additional cost to the client.
4.1. The Client acknowledges that it does not rely on any representations made by METRO regarding products and services, or qualities thereof, leading up to this Agreement other than those contained in this Agreement.
4.2. All specifications, price lists and other technical data furnished by us in respect of products or services, whether orally or in writing will not form part of this Agreement in any way unless agreed to in writing by Metro Roofing Contractors.
4.3. The Client agrees that neither Metro Roofing Contractors nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
4.4. It is the responsibility of the Client to determine and satisfy itself that the services mandated by it are suitable for the purposes of intended use. METRO gives no warranty, express or implied, relating to the suitability of the services provided for any purpose of whatsoever nature.
4.5. METRO reserves the right, at its sole discretion, to provide alternative goods and/or materials at the prevailing prices to those ordered in respect of the roofing project, should those goods and/or have been superseded, replaced or otherwise become unavailable.
4.6 The cost estimates provided in the quote are estimates based on drawings or plans provided. These costs can vary and are subject to the final physical measurement once the walls of the structure have been established.
5.1. A 24 month guarantee will be supplied for the workmanship carried out by Metro Roofing Contractors. Material guarantees are subject to the provisions subject to clause 5.2 below.
5.2. All goods and/or materials are supplied without any warranties whatsoever from METRO, whether express or implied. Material Warranties are provided by the manufactures of the products.
6. RISK & LIABILITY
6.1. The Client warrants that it has checked all light fittings and they have been removed or secured properly prior to the commencement of any re-roofing. METRO shall not be responsible for any breakages or damage.
6.2. METRO shall not be held responsible for any damage caused by the dust dispersed when roof coverings are removed. The Client warrants that all necessary precautions shall be taken to cover up any items which may be at risk of damage by dust.
6.3 The client at their own expense will remove all items from the roof in order for Metro to commence and complete the project. The said items may be items such as solar geysers, Solar PV panels, water heating systems & satellite dishes. The reinstallation of these items will be for the clients expense.
6.4 METRO shall not be responsible for any damage, including but in no way limited to, the dislodgment of ceilings and traffic damage to roofing, ceilings and light fittings, caused by it during its use of the roof. [M1]
6.5. METRO shall not be held responsible for imperfections in the services rendered to the Client due to any defect in, or the unsuitability of goods and/or materials utilised in the completion of the roofing project. All extra costs incurred through the use of defective materials or equipment supplied shall be for the Client’s account.
6.6. All costs resulting from any act(s), omission(s) or request(s) of the Client including disbursements, suspension of work, modifications of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed shall be for the Customer’s account.
6.7. All orders are subject to cancellation by METRO due to Acts of God, or from any cause beyond the control of METRO, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
6.8. All materials stripped during the course of a project becomes the property of Metro unless otherwise agreed upon.
7. BREACH OF AGREEMENT
7.1 For the avoidance of doubt, all materials supplied by Metro in relation to the project, remain the property of Metro until such time as all the outstanding amounts due to Metro are paid in full.
7.2. If the Client defaults in the performance of any of his obligations, or if he delays the commencement of the building work and remains in default for a period of 14 (fourteen) days after the posting of a written notice from the METRO calling upon the Client to remove the cause of such delay, METRO shall be entitled to resile from this agreement.
7.3. METRO shall be entitled to suspend work in any period during which the Client is in default.
7.4. If the Client commits any act(s) of insolvency, METRO shall be entitled to terminate this agreement forthwith.
7.5. Upon the breach/termination of this agreement in terms of the provisions of this clause, METRO shall be entitled in addition and without prejudice to any other rights which it may have either in terms of this agreement or at law, to recover from the Client all amounts owed it to the date of termination and such damages which METRO may suffer arising out of the termination, including, but in no way limited to, All costs and disbursements, including legal costs on an attorney own client scale.[M2]
7.6. Upon any breach/termination of this agreement, Metro reserves the right to recover materials supplied by Metro for the project, from the Client's site whether these materials have been installed/ fixed or not.
8.1. A dispute between the parties relating to any matter arising out of this agreement shall be referred to arbitration, by either of the parties, by way of a notice to the other party, in which notice particulars of the dispute are set out.
8.2. When arbitration proceedings are held it shall not be necessary to observe or carry out the usual formalities of procedure (for example there shall not be any pleadings or discovery nor the requirement to adhere to the strict rules of evidence.
8.3. Arbitration shall be held immediately and with a view to its being completed within (insert number) calendar days after it is demanded.
8.4. The arbitrator for such arbitration proceedings shall be a suitably qualified person agreed upon by the parties and, failing agreement, nominated by the chairperson for the time being of the Association of Arbitrators (Southern Africa).
8.5. The decision of the arbitrator shall be final and binding on the parties, who shall immediately carry out that decision and either of the parties shall be entitled to have the decision made an order of any court with competent jurisdiction.
8.6. The “arbitration” clause in this agreement shall be severable from the rest of this agreement and therefore shall remain effective between the parties after this agreement has been terminated.
8.7. No clause in this agreement which refers to arbitration shall mean or be deemed to mean or interpreted to mean that either of the parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the arbitrator’s decision[M3] .
9. APPLICATION OF AGREEMENT
9.1. This Agreement represents the entire Agreement between the client and Metro Roofing Contractors.
9.2. This Agreement shall only become binding when accepted by the duly authorised representative of Metro Roofing Contractors.
9.3. This Agreement is applicable to all employees of, and subcontractors used by METRO.
9.4. This Agreement is final and binding and is not subject to any suspensive or resolutive conditions, unless specifically provided for herein.
9.5. No alteration, addition, waiver, variation or cancellation of whatsoever nature may be effected to this Agreement, unless agreed to by both parties, reduced to writing and signed by the client and a duly authorized representative of the Metro Roofing Contractors.
9.7. The Client hereby consents to the jurisdiction of the Magistrates’ Court having jurisdiction over its person in respect of all proceedings arising from or connected to this agreement.
9.8. Notwithstanding the aforesaid, METRO shall be entitled to institute any proceedings arising from or connected to this agreement, against the Client, in any division of the High Court of South Africa having jurisdiction.
9.9. The Client agrees that METRO will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate’s Court or in terms of Rule 47 of the Supreme Court Act 59 of 1959 (as amended).
10. DOMICILIUM AND NOTICES
10.1. METRO elects their domicilium citandi et executandi for all purposes arising out of
this agreement as Unit 28 Constantiaberg Business Park, Princessvlei Road, Diep River.
10.2. The client elects their domicilium citandi et executandi for all purposes arising out of
this agreement as the address disclosed in the client information sheet completed and furnished to METRO.
10.3. Any document shall be deemed to have been received by the Client:
(i) within 3 days of prepaid registered mail to any of the Client’s domicilium address; or
(ii) within 24 hours of being faxed to any of the Client’s fax numbers; or
(iii) within 24 hours of being e-mailed to any of the Client e-mail addresses; or
(iv) on being hand delivered to the Client.
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