The following terms and conditions cover all projects undertaken by Dam Sealers and apply equally to any quote, scope of work or any invoices provided by Dam Sealers
Dam Sealers Pty(Ltd) Reg No: 2011/123003/07 is a registered company and will be referred to as “Dam Sealers” throughout these terms and conditions.
The Client is the individual, partnership, company, trust, or other as indicated on the quote or invoice.
These terms and conditions are issued pursuant to meetings and discussions between The Client and Dam Sealers with direct reference to the conditions on our quote, invoice, or scope of work provided to The Client.
Quotations
All Prices quoted are valid for 15 days from the date stated on the quotation.
Where you are unsure about any of the information supplied in this quotation, please contact us to discuss further as the company will work with you to explain any element you are unsure of.
If you require a reasonable breakdown of your quotation please contact the company and we will try where possible to clarify the costs quoted.
Deposits and Cancellation Fee
By paying the deposit to Dam Sealers, The Client acknowledges and agrees with these terms and conditions.
Should The Client pay a deposit and not proceed with the project for any reason, a cancellation fee of 35% of the deposit shall be deducted from the refund and this cancellation fee will be applied to re-couping the expenses of Dam Sealers with regards to:
- site visits
- quote preparations
- artist renderings
- project planning
- project design
- project pre-preparation
- lost time and profits.
Period of Performance
The project shall commence on the date agreed as indicated in the quote, scope of work, or invoice and shall continue through to the completion of the project.
The Client understands that the expected completion date / period may be subject to delays beyond our control caused by unforeseen obstacles, weather, and stock availability.
Scope of Work
Dam Sealers shall provide the services as detailed in the quote, scope of work, or invoices as provided to The Client, subject to any conditions therein, and these terms and conditions.
Dam Sealers Responsibilities
Unless otherwise agreed to and reduced to writing, Dam Sealers:
- is responsible for providing the materials, labour, equipment, tools, and services necessary to complete the project.
- hires specialized professionals and experienced workers to perform all or portions of the scope of work to ensure the successful completion of the project
- is responsible for the quality of all work performed, the conduct of its employees, and for the safety of all its employees on site.
The Clients Responsibilities
Unless otherwise agreed to and reduced to writing, The Client:
- is responsible for all building plan approval where required, engineer certificates, consults, local municipality approval and all relevant permits
- is to make all payments according to the payment schedule below.
- is responsible for any unforeseen expenses as defined below
- is to provide access to the property:
07:30 to 17:30 Mon to Friday
07:30 to 16:00 Saturday (if necessary) - is to provide free continuous water supply to the site extremes for construction
- is responsible for providing free suitable accommodation for staff members (where applicable)
- is responsible for providing free suitable accommodation for management (where applicable)
- is responsible for providing free use of machinery / equipment as discussed and reflected in the quote
- is responsible for providing free use of labourers as discussed and reflected in the quote (where applicable)
- is responsible for all refuse and rubble removal
- is to arrange for all electrical work (where applicable)
- is to provide safe storage for our equipment and machinery on-site
- is to take all reasonable precautions to keep all persons, including its employees, agents, and guests, away from Dam Sealers equipment while the equipment is stored, and at a safe distance from the equipment while it is in operation.
Payment Schedule
Terms of payment: – all invoices are payable upon receipt by The Client.
Amounts payable by The Client under these terms and conditions must be paid in full without deduction, retention, or set-off of any kind or for any reason.
The Client shall make:
- payment for all materials and the delivery of all materials to the site upfront, prior to the orders being placed. (allow 2-3 weeks from payment for delivery)
- payment of 65% of the installation / application cost 30 days prior to work commencing on site.
- payment of the balance due on completion of the project.
The Client understands that should the project be delayed, further draws against the outstanding balance will be made on the last Friday of every month that we are on-site.
Unforeseen Expenses
Any variation to the quote or, the scope of work, including any variation as a result of additional work required, additional work required due to hidden, unidentifiable and/or unforeseen difficulties such as:
- concealed, hard rock barriers below the surface,
- concrete slabs,
- unsuitable sub-stratum conditions,
- inclement weather conditions,
- latent defects, etc
that will require additional time and resources (material, sodium bentonite, transport, water, labour, machinery, etc). will be for The Clients’ expense.
These variations will be made in writing and in accordance with the project change control procedure below.
Payment for all variations must be made in accordance with the standard terms of payment as set out in these terms and conditions.
Depending on the nature of the unforeseen expenses, Dam Sealers may, in its sole discretion, terminate the project and/or provide an amended price for the project to The Client prior to the project commencing or continuing.
Project Change Control Procedure
The following process will be followed if a change to the quote or scope of work is required:
- A project change report, email or project progress report will be the vehicle for communicating change.
- The report must describe the change, the rationale for the change, and the effect the change will have on the project.
- Dam Sealers and The Client will discuss the proposed changes and the effect it will have on the project, the project cost schedule, and the rest of the terms and conditions.
- If in agreeance, a written report will be submitted to the client, and Dam Sealers will either invoice or credit The Client for the changes.
Completion Criteria
Dam Sealers shall have fulfilled its obligations to the project when any one of the following first occurs:
- Dam Sealers accomplishes the scope of work and The Client accepts such completion without unreasonable objections.
- No response from The Client within 6 business days of completion is deemed acceptance.
Warranties
Sealing of existing Dams:
Dam Sealers provides a 12-month workmanship warranty that the materials will be installed / applied according to the industries’ standard norms and best practices.
- In the event that there is a problem with the sealing of a dam, pond, or stream that is directly related to the installation / application of the materials used, Dam Sealers will repair such defects at its own expense under the same terms and conditions as the original project.
- Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from natural causes, trees, plants, animals, fish, birds, crabs, frogs, reptiles, etc. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
- Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from a lack of maintenance. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
Building and Sealing of New Earth Dams
- In the event that there is any failure in any dam, pond, or stream constructed by Dam Sealers within a period of 3 years, Dam Sealers will repair such defects at its own expense under the same terms and conditions as the original project.
- Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from natural causes, trees, plants, animals, fish, birds, crabs, frogs, reptiles, etc. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
- Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from a lack of maintenance. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
10-Year Warranty (where applicable)
Dam Sealers will provide a 10-year “fair use” material and workmanship warranty, that the materials will be installed according to the industries’ standard norms and best practices. This warranty is limited to the original client and is non-transferable.
- In the event that there is a problem with the sealing of a dam or stream during the first 12 months, from the date of completion, that is directly related to the installation of the materials used, Dam Sealers will repair such defects at its own expense.
- In the event that there is a problem with the sealing of a dam, or stream after the first 12 months, from the date of completion, that is directly related to the installation of the materials used, Dam Sealers will repair such defects at its own expense, subject to a 10% annual reduction based on the fair usage principal.
- Dam Sealers will not be responsible for any failure to any dam, or stream resulting from;
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- Acts of God – structural failures, hurricanes, earthquakes, etc.
- Natural causes – plants, trees, animals, fish, birds, crabs, frogs, reptiles, etc.
- In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused.
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- Dam Sealers will not be responsible for any failure to any dam, or stream resulting from a lack of maintenance. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused.
- All repairs under this warranty will be done under the same terms and conditions as the original project.
Please note that any work that is done by other contractors on any dam, pond, or stream completed by Dam Sealers voids all warranties and guarantees offered by Dam Sealers.
Dam Sealers will not be liable for any consequential, indirect, special, incidental, punitive or any damages whatsoever resulting from the loss of use or profits arising out of or related to the failure of any dam or stream completed by dam sealers, other than the remedies allowed for under these warranties.
Liability of Dam Sealers
The Client including its employees, agents, and guests are to comply with all safety requests of Dam Sealers, and shall not at any time, and will ensure that any person having access to the site, does not operate, occupy or attempt to operate or occupy or use any of the equipment provided by Dam Sealers.
Dam Sealers does not accept liability for any personal injury, death, direct loss, indirect loss, consequential loss, or damage, however, caused which The Client may directly or indirectly suffer in connection with the engagement of Dam Sealers undertaking the agreed Project.
Dam Sealers will not be liable for any loss or damage whatsoever suffered by The Client as a result of any act, omission, or statement made by Dam Sealers, its employees, contractors, or agents.
Risk
The Client accepts full responsibility for the safekeeping of our equipment and indemnifies Dam Sealers for all loss, theft, or damage to the equipment howsoever caused and without limiting the generality of the foregoing, whether or not such loss, theft, or damage is attributable to any negligence, failure or omission of The Client.
The Client accepts full responsibility for and shall keep Dam Sealers indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons or damage to property arising out of the use of the equipment at The Clients direction during the project period.
The Client agrees and acknowledges that it shall be solely responsible to remove from the site any materials, equipment, or other items that it wishes to retain for its own purposes, or that it wishes to ensure are not damaged during the course of the project, prior to the project commencing.
Project Suspension
Dam Sealers in its sole discretion may suspend the performance of the Project at any time if, in its reasonable opinion, the conditions at the site are such that it would be unsafe for any person or detrimental to operate any equipment.
In the event of a suspension, Dam Sealers may, in its sole discretion, and without incurring any liability to The Client, cease the project or suspend the supply of products and services to The Client or amend the scope of work and these terms and conditions.
Dam Sealers may in its sole discretion and without incurring any liability to The Client, cease or suspend supply of products and services to The Client or amend these terms and conditions if an event of default occurs between The Client and any governmental authority.
Dam Sealers may, without prejudice to Dam Sealers’ other rights, call up monies owed to Dam Sealers by The Client, retain all monies paid, or cease further services or deliveries and recover from The Client all loss of profits and other costs arising from the default and/or take immediate possession of any products and services for which payment remains outstanding.
Effect of Other Terms
These terms and conditions are available on request or on the Dam Sealers website at www.damsealers.co.za and are in no way affected or amended by any other express or implied terms unless reduced to writing in the scope of work or pro forma invoice.
No terms of The Client apply to any agreement between The Client and Dam Sealers.
Indemnities
The Client will indemnify Dam Sealers in relation to any direct or indirect loss, liability, or damage suffered by Dam Sealers or any other person as a result of The Client’s negligence or breach of these terms and conditions.
Force Majeure
Dam Sealers shall not be obliged to complete or continue with the Project where and to the extent that such performance is prevented or interrupted or delayed by reason of any requirement of any governmental authority or any war, public disorder, civil commotion or disturbance, acts of enemies, strike, lockout, fire, act of terror, act of God, accident or any other cause beyond the control of Dam Sealers (“Force Majeure Event”).
Where Dam Sealers fails or is delayed in the performance of the Project by a Force Majeure Event, The Client shall have no cause of action against Dam Sealers for a breach of any term or otherwise. If Dam Sealers is unable to complete the project as a consequence of a Force Majeure Event, Dam Sealers may terminate the Project.
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