Terms and Conditions
Table of Contents
1. Product Detail
1.1. All production of products will take place in accordance with the standards of Cape Dutch Group, unless otherwise specified. The said standards will be available on special request.
1.2. Cape Dutch Group is not responsible for the designing of the products. Should the client require any advice on the design of the product, Cape Dutch Group reserves the right to comment only on certain aspects of the designs.
1.3. Products will not be treated, unless expressly agreed upon.
1.4. The client agrees that timber products are in a certain aspect ‘living material’ and may under certain weather conditions expand and/or shrink.
2. Caring, Usage & Storage of Products
(prior to installation)
2.1. Products may not be stored on the ground, but off the ground in a dry, covered and well-ventilated area and must at all times be kept level and square.
2.2. Products must be sealed with at least three coats of the appropriate sealer- product. If painted, a primer, undercoat and top coat must be applied to all areas. If sealed natural, apply 3 coats to all areas prior to installation.
3. Installation of Products
3.1. During the installation of the product, the client undertakes to ensure that:
3.1.1. gaps between joineries, walls and/or concrete are sealed with a good quality sealant;
3.1.2. products are sufficiently protected during the installation thereof, taking into account any other building activities;
3.1.3. latches and bolts are kept secured until completion;
3.1.4. external plastered sills are built and finished underneath the frame of the window and not against it; External floor levels to be finished underneath any door sill ( swing , sliding or folding/stacking doors )
3.1.5. rebates and glazing beads are properly sealed as describe in 2.2;
3.1.6. end grain of products are properly sealed as describe in 2.2;
3.1.7. All planed areas will be re-treated as per 2.2, immediately after installation;
3.1.8. the (main) building contractor takes responsibility to ensure that all openings are square, level and according to the sizes on the schedule. If any adjustments are to be made to the products, as a result of non-compliance thereto, the client will be responsible for additional charges for any adjustments and/or delays.
3.2. Installations do not include any electrical- or cement (wet) work.
3.3. Product surfaces in contact with walls or concrete should be treated with a suitable primer, under coat and top coat prior to the installation of the product.
3.4. Products must be supported and Damp-Proof-Course must be fitted correctly. Any retrofitting will require a waterproof low expanding foam.
3.5. Pairs of doors must have bolts on both doors.
3.6. Doors must be locked and bolted in the correct manner at all times.
4. Quotes & Orders
4.1. Should the sizes and/or details on which the quotes by Cape Dutch Group were based, differ from the actual sizes and/or details revealed on the site, Cape Dutch Group has the right to adjust the quote.
4.2. Quotes are only valid for 14 (fourteen) calendar days.
4.3. Quotes are subject to timber quality and availability.
4.4. Amendments and/or changes need to be confirmed in writing (by hand, e-mail or fax) and verbal communications will only be processed if also confirmed in writing.
4.5. The client has to ensure that the detail, specifications and dimensions (if not to be confirmed on site) of the products are correct before the order is finalised, as Cape Dutch Group will have no responsibility or liability for incorrect orders. The risk in this regard is therefor on the client to make sure that orders are correct.
4.6. The client agrees that the order is for ‘special-order goods’ as defined in the Consumer Protection Act, Act 68 of 2008.
5. Delivery of Product (without installation)
5.1. If the quote does not include the installation of the product, the product will be delivered as stipulated in the quote (at the premises of Cape Dutch Group or the client).
5.2. If the quote stipulates that the product will be delivered on the premises of the client, delivery will not take place further that 5 (five) metres from the delivery vehicle, not negotiable
5.3. Upon delivery of the product:
5.3.1. an official delivery note or invoice, will accompany the product;
5.3.2. the client needs to ensure that all items are checked for correct sizes or any defects.
5.3.3. the risk regarding the product will pass from Cape Dutch Group to the client and Cape Dutch Group will have no further responsibility; and
5.3.4. there must be no outstanding amounts owed to Cape Dutch Group.
5.4 Any service works carried out on the product after the above, will be invoiced accordingly.
6. Delivery of Product (with installation)
6.1. Cape Dutch Group shall only be responsible for the installation of the product, if it is included in the order.
6.2. Any faults or defects to the product during the installation period, must immediately be reported to Cape Dutch Group. If not, Cape Dutch Group reserves the right not to rectify such defaults.
6.3. Once Cape Dutch Group has installed the product in accordance with the quotation, the risk regarding the product will pass from Cape Dutch Group to the client and Cape Dutch Group will have no further responsibility.
6.4. Any service works carried out on the product after the above, will be invoiced accordingly.
6.5. Once installation is complete, the client accepts that the product is manufactured and installed in accordance with the order.
7. Payment
7.1. The client must pay a deposit, as stipulated on our quotations, before the order will be processed and the balance is payable before the delivery of the product.
7.2. If the second payment is not made within 30 (thirty) calendar days (both days inclusive) after been requested to do so, the client shall be liable to pay interest on the outstanding amount at a rate of 5% (five percent) per month, calculated on a daily basis and capitalised on a monthly basis.
7.3. If the second payment is due for more that 30 (thirty) calendar days (both days inclusive) Cape Dutch Group reserves the right to sell the product to any third party to cover the outstanding balance, in which event the client shall be liable for any shortfall, together for the interest stipulated above.
7.4. The parties undertake to pay all costs that might be incurred by the attorneys of a party aggrieved, including costs between attorney and client, collection commission calculated at10% (ten percent) per instalment and/or tracing fees, if the other party should not comply with any of the provisions of this terms and conditions and the party aggrieved should be compelled to take legal steps against the other party.
7.5. The parties hereby agree to the jurisdiction of the Magistrate’s Court for the purposes of any lawsuit that may arise from this agreement or the breach thereof, notwithstanding the fact that such suit otherwise might fall outside the jurisdiction of said Court. However, any one of the parties will always have the right to institute any action in any competent higher court at his own and exclusive discretion in any case where such an action might exceed the jurisdiction of the abovementioned Magistrate’s Court.
7.6. All products remain the property of Cape Dutch Group until full and final payment is received. The delivery of the product as stipulated above will not take place until the final payment has been received. If Cape Dutch Group is also responsible for the installation of the product, Cape Dutch Group may demand payment of the balance before the installation.
8. Guarantees
Cape Dutch Group guarantees its workmanship only of the products for a fixed period of 120 (one hundred and twenty) months. This excludes any guarantee on the timber.
The guarantee only applies if the products are handled, sealed, painted, installed and maintained as per instructions. Touch-ups and Final coats will be applied by the client immediately after installation. The said period shall be reckoned from the date of delivery.
It is also the client’s responsibility to keep record of all maintenance that was done to all products over this period. This includes invoices of suppliers, invoices of contractors, photos and videos of the said maintenance.
9. Mediation
If a dispute arises between the parties regarding any aspect of this agreement, the parties agree to resolve the dispute by means of mediation. Regardless the dispute, the parties shall endeavour to agree on a mediator, who shall determine the terms and procedure of the mediation process. If:
9.1. the parties cannot agree on a mediator; or
9.2. the parties cannot resolve the dispute by means of the said process; or
9.3. the said process is unreasonably delayed
then anyone of the parties may institute legal action.
10. General
10.1. By placing the order, the client hereby confirms that:
10.1.1. he/she has examined and read the terms and conditions;
10.1.2. he/she is familiar with the terminology herein;
10.1.3. he/she was granted an opportunity to ask questions;
10.1.4. the concluding of the agreement is voluntary; and
10.1.5. with the acceptance of a quote by him/her, a binding agreement has been entered into, subject to these terms and conditions and the information of the quote.
This guarantee is effective for all Cape Dutch Group window and door products. For important information regarding the use/application of our products, including care and maintenance instructions, Installation instructions and Architectural files, please contact our offices.
WHAT THIS GUARANTEE DOES NOT COVER
Cape Dutch Group is not liable for damage, product failure or poor product performance due to:
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Misuse, abuse or failure to properly finish and provide maintenance
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Normal wear and tear caused by weather conditions.
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Variance in colour or texture of natural wooden parts.
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Normal wear and tear to hardware and naturally occurring changes to hardware finishes (e.g., corrosion or tarnishing).
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Exposure to chemicals (e.g. brick wash) or harsh environment (e.g. salt spray or airborne pollutants) unless otherwise stated above.
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Alteration or modification of the product (e.g. customer applied tints or films, security systems etc).
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Any cause beyond the reasonable control of Cape Dutch Group (e.g. fire, flood, lightening, other acts of nature, and acts of third parties outside of our control).
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Failure to comply to good building practices and over exposure to direct weather elements. The onus is on the owner to take necessary precautionary measures to prevent any over exposure to weather elements.
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Improper installation not in conformance with NHBRC and Cape Dutch Group installation instructions; operational problems and problems to water and/or air filtering/leaking as a result of improper installation or flaws in building design or construction for example: Incorrect installation of sill detail. North/Northwest facing products must be protected sufficiently against weather elements to reduce wind and water leakage. Water must be kept away from open products and products must be maintained and sealed properly.
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Installation into a condition that exceeds product design standards and/or certified performance specifications and/or is not in compliance with application of national building regulation SANS 1044 and codes of practise; SANS 204 and SANS 613 fenestration regulations or glazing installation and safety regulations, in accordance with SANS 10137 and SANS 1263 Part 1 code of practice.
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Hardware or inserts that are not provided by us, such as locksets, door handles, burglar bars, etc.
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Damage as a result of condensation (Note: unless due to insulating glass failure, most condensation problems are related to excessive humidity levels in a structure.)
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Wood decay (Dry Rot) in wood components. Note: superficial mould/mildew does not indicate wood decay. There are 3 fundamental conditions for fungi to grow and survive, water/moisture 20% +, food source (Wood) and suitable atmospheric conditions 18-35°C.
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Expansion or contraction of product components due to varying environmental conditions; slab/foundation movement (shrinkage or swelling) due to temperature and humidity.
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Slight imperfections or wavy distortions in the glass that do not impair structural integrity. Note: wavy distortions in the glass, e.g. related to laminate interlayer of heat strengthening of glass are not considered a defect.
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Slight colour variations in glass are not considered a defect.
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Hairline cracks and surface cracks that do not compromise the underlying material are not a defect.
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Labour and materials for repainting of refinishing activities or the removal or disposal if defective product(s); labour exceeding the time periods above
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Shrinking and swelling and minor cracking of components particularly door panels, is normal characteristics of wood and not due to inferior manufacturing.
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Failure to adhere to the installation and treatment instructions as laid out in Terms and Conditions below.
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Joinery items which extends longer than 2250mm or wider than 900mm
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Any product manufactured with an opening inward or flat sill, are not guaranteed against any wind or water ingress.
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Consequential losses claim due to any defective product.
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Any items painted a darker colour or coated with a dark stain(see our recommendation below under “finishing recommendations”).
Handling and storage:
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Doors and windows should be handled carefully to avoid physical damage
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Store products under cover in a dry, ventilated building
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They should be stored flat (NEVER on edge, or on end)
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Doors and windows should be protected from dirt and damage and stored away from any direct sunlight or rain, until properly sealed and ready for installation
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Heavy bolection moulded doors should be stacked with spacers to avoid damage
On site Handling:
- Protect doors and windows during site operations as outlined previously. Products should not be stored in a building until all wet trades are finished and dried out.
Pre-installation:
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Make sure all timber are sealed properly before any installation.
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Immediately after fitting and PRIOR to hanging a door, re-apply all paint or sealants to all raw timber areas to prevent absorption of moisture.
Finishing Recommendations:
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Clean door surface with fine sandpaper and cloth.
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Apply paint or sealant as recommended before.
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Store flat in closed area.
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If required, a maximum of 3mm can be equally planed off all four edges.
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After preparation for fitting, re-seal all planed edges.
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After hanging, seal with at least 2 final coats of sealant.
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Timber items must not be sealed with a dark stain or a dark paint colour. We highly recommend that timber should be left it’s natural colour(clear sealant) or painted white only.
Maintenance:
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Regular annual maintenance must be done, at least every 8-12 months in the first 5 years and can be prolonged after this period.
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Stainless steel fittings are supplied mainly in a 304 grade which requires regular cleaning
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Inspect the condition of all internal and external joinery every 6 months. Carry out remedial work as required and treat annually with recommended sealant.