1) Payment: A deposit must be made before work can commence. 50% Deposit is required for us to order materials for your kitchen. 40% of the payment is then required on delivery and 10% on completion of the project. – We require a 60% deposit to order the materials and assemble your cupboards. We will then deliver your cupboards to you. Before we install the cabinets we require the remaining 40% , a bank guarantee for the remainder 40% or a post dated check.
2) Warranties and limitation on liability: Contractor grants the customer a 365 day ‘no twist, lift, bend and curve’ warranty on all materials. In other words, if the material due to no fault of the customer lifts, twists or bends, it will be replaced for free. In the event of a claim of defective workmanship, the notice of the warranty claim must be submitted in writing and must describe the claim in sufficient detail to determine the nature of the problem(s), and must be signed by the customer. We cannot be held liable if the customer damages kitchen products, cabinets, doors or any other wood material supplied by us. In the case where the customer caused the damage, Nico’s Kitchens will not be held liable. Should fire, casualty, vandalism, storm(s) resulting in whole, or partial destruction of cupboards should occur during the work due it shall not be deemed the fault of the contractor, customer shall look solely to the homeowners insurance (or other types of insurance) for recourse for any damage, and we shall not be liable. It is agreed that doors, handles and other products may vary in relation to pictures from time to time, and that variation does not constitute a default under this agreement.
3) Additional orders: Any extra work which is requested of required by the customer which is not in the original invoice or agreement will undergo a surcharge.
4) Work funded by insurance payments: In the event the work is to be funded from insurance proceeds, the insurance company and the contractor shall agree upon the total price. Customer authorizes Nico’s Kitchens to negotiate directly with the insurance company. Customer authorizes the insurance company to pay contractor directly for all work performed/provided for herein. If the insurer refuses to fund necessary work, we may terminate the agreement. Homeowner is responsible for paying claim deductible to contractor.
5) Customers covenant noninterference: Customer shall not attempt to direct workers on the site, exclude them from the site, demand work from them, remove the permit from the site, or interfere in any way with the contractors work.
6) Customers required insurance: Customer shall carry homeowners insurance in the full replacement value of all improvements on the property and public liability insurance.
7) Withholding of payment: Customers are not allowed to withhold payment from Nico’s Kitchens for any reason whatsoever. Customers are given a chance, once the kitchen is completed, for a once off snag review process. During this process, we will come back and fix any ‘snags’ if there are any. Customers cannot raise additional snag lists after the first one is completed. Once the snag list is completed, payment must be met in full.
8) Excess Materials: In order to insure there are enough materials to do the work(s), contractor may order more materials than may be necessary to complete said work(s). Any access materials will not result in a change of the agreed upon contract price.
9) Default: In the event that either party defaults in performing any covenant hereof, the non-defaulting party shall deliver to the defaulting party a dated “notice of default,” specifying the default and requesting the correction thereof. In the event it is not corrected within ten(10) days after receipt of said notice, the non-defaulting party shall have all remedies at law and in equity for said default. In addition to any other remedy for default provided for herein or at South African law. Contractor shall have the right, but not the obligation to suspend or terminate its work(s), to retain all deposits then held and to peacefully repossess all materials previously delivered or installed, for which payment has not been made in full, to remove its equipment from the job site and terminate this agreement.
10) Notices: Any notice(s) shall be sufficient of delivered by hand to the respective party or to the appointed legal representation of each respective party.
11) Delivery time: Any cabinet or kitchen can take up to 45 working days, depending on the work load, from the signing of the agreement to be delivered and installed.
12) Delays: In the event the completion of work is prevented or delayed due to damage or destruction of the building, fire, accident, vandalism, earth movement, hurricane, tornado, windstorm, theft, labor strikes, warfare, material shortage, delay of any governmental agency in issuing any required permit or certificate, or in performing inspections, litigation, or any act of God, then the completion of work shall be delayed until a later date and contractor and customer shall sign a change order reflecting the same. If customer declines to sign the change order then this agreement may be terminated by contractor where upon all sums then due to contractor for work(s) completed shall be immediately due and payable to contractor.
13) Time is of the essence for this agreement: Upon the receiving of the first check the work specified in this contract will be put in to production as fast as possible.
14) Effective date of this agreement: this agreement becomes effective when signed and applicable terms such as insurance company approval and/or deposit are met.
15) Governing law: This agreement is to be governed by the law of the Republic of South Africa.
16) Entire agreement: This is not the entire agreement between the contractor and customer. There is an additional agreement with deliverables to be signed by the parties so that they can have clarity on what is to be expected. Nico’s Kitchens reserves the right to change this agreement without notice.
17) Severability: Any remaining provisions hereof shall remain in full force and effect.
Acceptance of the contract constitutes agreement to these general terms and conditions