TERMS & CONDITIONS

  1. Pre-Amble

    1.1. Any reference to the word “Consultant” shall mean the “BC Joinery & Furniture” who assisted the Client with the design and prepared the quotation.

    1.2. Any reference to the word “Client” shall mean the person signing the terms and conditions of this agreement.

  2. Design and Measurements

    2.1. The Client’s acceptance of any and all quotations confirms that the design/s and order/s was/were done in accordance with the requirements and Client’s brief and specifications;

    2.2. The Client confirms that the plan and design were received and explained in detail by the consultant;

    2.3. The Client is required to initial the design perspective, elevation and dimensional floor plan which will confirm approval and signoff;

    2.4. BC Joinery & Furniture reserves the right to amend any quotation based on the final measurement.

  3. Material and Finishes

    3.1. The client confirms that the finishes, patterns, profiles, styles and other materials are correctly specified on the quotation, as seen as samples, and that the different materials have been explained;

    3.2. The Client acknowledges that goods ordered in terms of this agreement are “special order goods” and not standard;

    3.3. Once the quotation has been accepted, Bespoke Cupboards and Kitchens cannot accept changes. All changes will require a new quotation;

    3.4. If the Client requests BC Joinery & Furniture to undertake additional work or supply additional materials, not included in this agreement, a charge for extra work & materials will be levied.

    3.5. Paint, granite and solid wood/semi-solid wood products are natural materials and can differ from the samples seen. Care will however be taken to ensure such differences are minimal;

    3.6. It is the Client’s responsibility to ensure the detailed quotation includes all extra accessories required. Should anything be required afterwards, an additional quotation will be issued. The additional quotation will constitute a separate agreement.

  4. Installations

    4.1. It is the Client’s responsibility to ensure that the installation site is ready for installation as agreed with the consultant. A call out fee of R650 will be charged if the site is not ready when the installer arrives;

    4.2. Site readiness:

    4.2.1. At installation, should BC Joinery & Furniture find that the structure is defective or does not conform to acceptable building standards, it reserves the right to suspend the installation until such time as the site is made ready by the Client, or alternatively amend the quotation to allow for the installation to accommodate such defects, if defect was not noticeable at the time of quoting;

    4.2.2. In the event of an installation being delayed as a result of a site not being ready, the installation will be re-scheduled according to the next available slot;

    4.3. Duration period of the installation cannot be determined, estimated or confirmed prior to the installation commencing. Installation periods are depending on the complexity of the installation, type of material and pace of the installer;

    4.4. Installation dates given are estimates. Although BC Joinery & Furniture will take all measures to adhere to the date provided, dates are dependent on (1) timeous delivery of material; (2) availability of installers on the date of installation and (3) availability of material – all of which are not in the direct control of BC Joinery & Furniture;

    4.5. BC Joinery & Furniture will not be held responsible for the cost involved with third-party agreements such as tillers, electricians and plumbers as a result of an extended installation period or a delay in installation start dates;

    4.6. Installation dates can only be given 5 working days after acceptance of the quotation or final measurement of the site. Installation dates to be determined once material orders have been placed with suppliers and lead times were provided;

    4.7. Supply and installation of Granite and Reconstituted Granite Products is subcontracted to a third-party supplier. Such products need to be measured on-site once carcasses have been installed. Installation of granite products is also dependent on the availability of material and should commence 7 – 10 working days after measurement;

    4.8. In the event of the Client providing items such as hobs and sinks, these need to be on-site on the day of worktops are scheduled to be installed;

    4.9. The Client is to hand a detailed fault/snag list to the consultant within 7 days after initial installation;

    4.10. The Client is to take extreme care in completing this list as a second list will not be accepted;

    4.11. BC Joinery & Furniture will under no circumstances be liable for any measurements not taken by itself and not specified on the design layout plan.

  5. Payment Terms

    5.1. The Client agrees to and accepts the following payment terms:

    5.1.1. 70% Deposit on acceptance of the full quotation. No order will be done without receipt of the 70% payment;

    5.1.2. 20% payment is required on delivery of goods to site;

    5.1.3. 10% final payment to be made within 7 days after sign-off of the installation.

  6. Plumber and Electrical Service

    6.1. It is the Clients responsibility to ensure that water pipes, plumbing points, electrical cables and electrical points are well pointed out during the measurement and on the day of installation;

    6.2. BC Joinery & Furniture and any of its staff or sub-contractors will not be held responsible for any damage caused by drilling into water supply piping and/or electrical circuit/wiring that is inside the walls during the installation process.

  7. Warranty

    7.1. All materials and components supplied by BC Joinery & Furniture are of a first-grade quality and guaranteed for 2 years, effective from the date of commencement of installation, against any defect;

    7.2. The warranty does not cover water damage or misuse; including overloading of units;

    7.3. Blum and Grass components carry a kitchen lifetime guarantee (approx. 25 years).

  8. Ownership

    8.1. All risk in the goods forming the subject matter in this agreement transfer to the Client on collection/delivery on site;

    8.2. Notwithstanding delivery to a Client, BC Joinery & Furniture remains the owner of the goods until all monies have been paid in full;

    8.3. The Client agrees that the goods remain movable and removable and do not accede to the property and agrees that BC Joinery & Furniture may at any time decide to remove any and all goods should the client be in breach of payment terms (paragraph 4) of this agreement.

  9. Disputes

    9.1. Should a dispute arise between the parties with regard to the quality of our workmanship, the materials, or the finishes such dispute shall be referred to The Kitchen Specialists Association (KSA) to attempt to resolve, and where necessary, appoint a mediator;

    9.2. The parties shall be bound by the decision of The Kitchen Specialists Association;

    9.3. Prior to the Kitchen Specialists Association providing its mediation service, the balance of any monies due by the Client to BC Joinery & furniture shall be paid to the Kitchen Specialists Association Trust Account pending resolution of the disputes;

    9.4. In the event of a dispute arising from any matter other than a dispute arising from alleged faulty workmanship, materials or finishes, the parties shall be entitled to institute legal proceedings in a court of law;

    9.5. BC Joinery & Furniture may elect to:

    (i) Repossess the units & fittings delivered by it, & retain all monies paid by the Client as a genuine pre-estimate of liquidated damages; or

    (ii). Claim payment of the full balance outstanding.

    9.6. In the event of an attorney being instructed to act on behalf of BC Joinery & Furniture in any matter arising from this agreement or the termination thereof, the customer shall be liable for all legal costs on the scale as between attorney & client including collection charges & tracing fees;

    9.7. All overdue amounts will bear interest at 1% per month calculated & capitalised monthly in advance;

    9.8. The parties hereby consent to the jurisdiction of the Magistrates Court notwithstanding the fact that the amount of the claim may exceed the jurisdiction of that court.

  10. Acknowledgment

    10.1. BC Joinery & Furniture confirms that this agreement is compliant with the provisions of the Consumer Protection Act No of 2008 (“CPA”). In the event that any clause in this agreement is found to contravene the CPA, then such clause shall be deleted from the agreement but will not render the whole agreement to be invalid.