Terms and Conditions - Services
TERMS & CONDITIONS
- All efforts are made to remove stains/marks. However, no guarantee can be provided due to the nature of such stains/marks.
- In the unlikely event that you are not satisfied with the work carried out, CCM must be notified within 24 hours from completion of the job.
- Please ensure that there is sufficient ventilation (open windows/doors, use of fans, etc) during the drying time as this will depend on the depth of extraction of dirt from carpets and upholstery.
- Do avoid walking on the carpets until they are dry. If unavoidable, please lay down towels in areas that have to be walked on during drying time.
- Please note that pre-occupation cleaning consists of surface dirt only unless:
- Removal of paint; and/or
- Removal of mould, a separate deep-cleaning quotation applies if requested.
- Window cleaning does not include restoration of glass or removal of paint or putty. Limescale removal to be quoted on separately.
- CCM does not clean curtains or blinds unless quoted upon separately.
- Payment is due in full on completion of the job unless otherwise agreed with CCM management in writing.
- Interest at prime plus 5% will be charged on overdue accounts.
- If a booking is canceled with less than 24 hours’ notice, a cancellation fee of 25% of the full quotation value will be charged.
- The minimum call-out fee in Johannesburg is R1 085.00 excluding VAT.
- The cleaning solutions we use are non-corrosive, we also do not take responsibility for any potential chemical reaction between our products and previous products used from other sources (including but not limited to adhesives and grouting).
TERMS AND CONDITIONS – Pest Control
- Payment is due on receipt of invoice.
- Pricing quoted on contract jobs will remain static for the first 12 months provided there is no change to the area/s serviced and the service frequencies thereof. Thereafter an annual inflationary increase will be applied.
- Prices quoted are based on services being provided from Monday to Friday between the hours of 08h00 and 17h00 (public holidays excluded). CCM FM reserves the right to charge overtime for services outside these times.
- Broken appointments will be charged for.
- Should we be unable to perform a service due to circumstances relating to the client, an additional call-out fee will be charged at a rate of 25% of 1 (one) treatment as per section 3 of page 1 hereof.
- CCM FM reserves the right to charge interest at a rate of 2.24% per month for overdue accounts. Interest will be compounded.
- Should be necessary, the client will be responsible for all costs of collection of overdue accounts, specifically including, but not limited to, court costs, expenses and reasonable attorney fees.
CCM FM shall:
Service all equipment on rental at agreed intervals (see overleaf) and make any calls necessary to attend to mechanical breakdown of the units.
Units on Rental:
Remain the property of CCM FM and may not be sold or disposed of in any way. CCM FM will be entitled to charge for the loss or damage to any units after they have been installed to the client’s satisfaction, and shall not be held liable for any consequential damage. Upon termination of this agreement CCM FM will at its own expense remove all units and installation attachments from the client’s premises. CCM FM will not be responsible to make good any damage caused when units are removed.
The Hirer shall:
- Provide suitable supplies of electricity and / or services as may be required within the building and / or premises in which the equipment is to be installed.
- Keep the equipment at all times in his possession or control and shall on demand inform CCM FM of the whereabouts of the equipment.
- Be responsible for any loss or damage to the equipment.
- Not use the equipment for any unlawful purpose or otherwise contrary to law.
- Give immediate notice in writing to CCM FM of any damage to the equipment or of any theft, seizure or loss of possession of the equipment, or of any change to the hirer’s address.
- Not make any material alteration or addition or modification to the equipment.
- Not cede any of its rights or delegate any of its obligations under this agreement without the prior written consent of CCM FM, nor shall the hirer be entitled to relinquish possession of, or sublet the equipment.
- Indemnify CCM FM against all claims, damages, loss, costs and expenses arising out of possession or use of the equipment.
Notify the landlord or owner of the property in writing that the equipment being installed shall remain the property of CCM FM at all times.
Ownership of the equipment shall remain vested in CCM FM and the hirer shall at no time acquire ownership of the equipment. The hirer shall at the termination of this agreement return the equipment to CCM FM in good repair, condition and working order, fair wear and tear excepted.
Should the hirer breach any of the conditions herein, or fail to pay any amount payable in terms hereof on the due date thereof, or do or cause to be done anything which may prejudice CCM FM’s rights under this agreement, or should the equipment be seized under legal process issued against the hirer, CCM FM shall have the right to terminate this agreement and to repossess the equipment and each action will not prejudice any other rights they may have against the hirer.
The client agrees that should an account / invoice be overdue and handed over for collection then the client shall be liable for costs on the attourney and own client scale, all legal charges, collection, commission and interest at the rate prescribed by law.
This agreement is the sole rental agreement between the parties hereto.
RISK AND INSURANCE
- Subject to the provisions of clauses 2.2 and 2.6 below, CCM FM shall not be liable to the client or any third party for any loss or damage of whatsoever nature howsoever caused whether direct or consequential unless such loss or damage is directly attributable to CCM FM willful act or any employee acting within the course and scope of their employment with CCM FM.
- CCM FM discloses that it has public liability insurance and stated that it will submit any public liability claims resulting from any negligent act or omission committed by it or its employees acting within the course and scope of their employment with the said company provided that:
- The act or omission must be subject to indemnity under the policy of insurance aforesaid and CCM FM gives no warranty or guarantee in regard thereto.
- At the time of the occurrence the client shall not be more than 30 days in arrears with any monies which it may owe CCM FM for its services.
- It is agreed that the insurer’s liability shall be limited to R2 000 000 (two million rand) inclusive of any legal costs recoverable by the claimant or any number of claimants and all other costs and expenses incurred with the insurer’s consent for any one event or series of events with one original cause or source.
- Should payment of such public liability claim not be made by the insurer for any reason whatsoever, CCM FM shall not in any way be held liable for such claim.
- The customer shall notify CCM FM in writing within two working days after the occurrence of the event giving rise to a claim and shall provide all the relevant facts pertaining to such claim.
- It is recorded and agreed by the parties hereto that the services provided in terms of this agreement are supplementary to and not alternative to insurance cover held by the client and it is incumbent upon the client to ensure that alt their property is adequately insured. Any rental insect light traps are to be insured by the client.
FORCE MAJEURE AND STRIKES
It is hereby recorded that CCM FM’s obligations would be suspended in the event of an act of god, force majeure strikes, riots, interference by civil or military authorities and compliance with any applicable law or regulations or any circumstances beyond the control of CCM FM and which the client will not be obliged to make payment to CCM FM of the relevant part of the contract fee.
The parties consent to the jurisdiction of the magistrate’s court for any legal action arising out of this agreement. The applicant confirms that it would be liable for all costs, which will include all attourney and own client cost incurred to recover all amounts due and outstanding in terms of this agreement.
PRODUCT AND MECHANISM SAFETY
Product labels and MSDS (material safety data sheet) are available upon request. Products and mechanisms should never be tampered with. Avoid contact with the products and ensure that humans and pets do not tamper with or make contact with the products and mechanisms. CCM FM takes no responsibility for any illness or harm which may be caused due to exposure to our products and mechanisms. Areas which have been sprayed, fogged for treated with any other bait or product should not be entered into for at least 60 minutes after such treatment. The client agrees to notify all users in the building and / or premises that pest prevention treatments will be carried out at the agreed intervals, and such persons who may be pregnant or be allergic to chemicals are advised to contact their medical doctors to advise them of suitable avoidance periods.
TERMS AND CONDITIONS – Carpet, Floor and Upholstery Meeting
We, the contractor, hereby undertake to clean the carpets/upholstery as detailed on the front of this quotation.
2. CLEANING STANDARD
2.1 In the case of carpeting this will comply with the standards as contained in SABS0245 – “The code of practice for the maintenance of textile floor coverings”
2.2 In the case of upholstery, this will comply with the standards as contained in SABS0274 – “The cleaning of textile upholstered furniture.”
3.1 Whilst every reasonable care and diligence is expected in the handling and cleaning of all items, all cleaning is carried out by us at owners risk.
3.2 We cannot accept responsibility for carpet shrinkage, stretching or seam separation which can as a result of poor installation, manufacturers failure to pre-shrink fabric or for damage or defects existing prior to commencement of work, or for any defects or conditions which may appear during or resulting from normal cleaning procedures.
3.3 In terms of upholstery cleaning, we cannot be held responsible for fugitive dyes, starched fabrics or for previously faded or deteriorated areas, which may disintegrate even in the hands of even the most careful workman, or for shrinkage resulting from the fabric manufacturers failure to preshrink.
We have a complete range of professional chemicals to remove all removable stains. Since some stains are not removable due to the nature of the stain, type of fabric, time elapsed since staining, to dyeing or bleaching of the fabric or to sealing in of the stain by incorrect treatment we therefore cannot guarantee to remove all marks/or stains. Wherever possible, we will inform the customer of likely irremovable stains prior to the commencement of cleaning.
5. DAMAGE TO PROPERTY
The customer is responsible for cleaning items/areas to be cleaned of all breakables and valuable items, failing to do so, such items will be removed by our staff at the customers risk and will not be held liable for any damage of such items.
6. GOODS IN OUR POSSESSION
We will not be liable for any damage or loss due to theft, fire or malicious damage or any other loss or damage whatsoever to any goods whilst in our possession.
7.1 Should any dispute or difference arise between the parties either during the course of or on completion of this contract which cannot be satisfactory settled, it is hereby agreed that either party shall forthwith give the other written notice of such dispute or difference which shall be determined by consent to the jurisdiction of the magistrates court.
7.2 Any complaint concerning our service rendered must be made to ourselves within 48 hours of completion of the work.
8. VALIDITY OF QUOTATION
The quotation remains valid for a period of 30 days from the date hereof.
There is a goods in transit cover for carpets for up to R50 000 per incident. If Value of clients rugs exceeds this amount – client will need to advise and would need to then take out their own short term insurance for the shortfall.
TERMS AND CONDITIONS – Pre and Post Occupational Cleaning
Cleaning is limited to conventional cleaning such as wiping, cleaning, dusting and excludes the removal of any construction residue for example paint, grout and concrete, etc.
TERMS AND CONDITIONS – Anchor Bolt Testing And Installation.
Quotes and Billing
- Quotations are valid for one month.
- After quotation has been signed and approved, a successful anchor bolt testing certificate needs to be provided.
- Unless stated otherwise and agreed formal arrangement has been made billing will take place on the 1st of every month and will be due the end of every month.
- Any working hours that fall outside of initial approved quote will need to be charged additionally.
- All pricing is EXCLUSIVE of VAT.
- Should any bolt fail whilst testing, a quotation will be sent to you for an installation of a new point.
- Start dates of work are subject to Team availability.
- In order for work to commence a 50% deposit needs to be paid upfront.
- A risk assessment will be submitted once the signed acceptance has been received.
Anchor points, storerooms, facilities and work area
- All anchor points will be installed by us (CCM) and are for the use of only the CCM Team, for safety and liability reasons. Should any other parties use these anchor points we cannot be held liable.
- CCM has the right to barricade off areas where work is being performed.
- Should a third party perform any works on our work (CCM), any guarantees will be void with immediate effect.
- CCM will not be held responsible for any hidden or latent defects to the surface or substrate.
- Bolting that has been implemented needs to be tested and maintained annually.
- If a storeroom or toilet cannot be provided for team for the duration of the contract, CCM will hire at an additional cost to the client.
- All power points and water outlets must be provided.
- Should the client not be able to supply electricity points, water outlets store etc. CCM will supply them at an additional cost.
- Access to specific work areas etc needs to be arranged before work commences.
- CCM will not be held liable for any damages/ defects due to unforeseen circumstances.
- All staff performing anchor testing/installation are fully competent and work to industry standards IWH.
- Should the anchor bolt fail, CCM may need to drill another hole.
Terms and Conditions – Aircon Services with BarronAir.
CCM and BARRONAIR undertakes to service the equipment once off. This service includes the checking of the operation of the equipment, the cleaning of the dust filters and reporting any defects pertaining to the equipment to the Client.
The Client agrees to pay for any parts used, other than those covered by an existing Warranty. Use of such parts will be the subject of a quotation to the Client before their use.
It is expressly agreed that CCM and BARRONAIR shall not be responsible for failure as a result of circumstances beyond that of CCM and BARRONAIR control to render any service or supply any materials under the terms and conditions of the contract. Nor shall CCM and BARRONAIR be responsible under any circumstances for any consequential loss or damage.
Re-gassing of system is not included in service.