Terms & Conditions
TERMS AND CONDITIONS OF SALE DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following words and expressions shall have the following meanings:
"Company" means Value Fencing;
"Customer" means the person or entity who accepts the Company's Estimate/Quotation;
"Estimate/Quotation" means the document containing the Company's estimated price and terms for the supply of Goods and/or Services to the Customer;
"Goods" means the products to be supplied by the Company to the Customer as described in the Estimate/Quotation;
"Services" means the services to be supplied by the Company to the Customer as described in the Estimate/Quotation;
"Terms and Conditions" means these terms and conditions of sale.
These Terms and Conditions shall apply to all transactions between the Company and the Customer, unless otherwise agreed in writing.
1. Retention of Title: All goods specified herein shall remain the property of Value Fencing until payment is made in full by the client.
2. Supplier Designation: Value Fencing rejects any designation as a subcontractor and insists on being appointed as a supplier. Consequently, Value Fencing will not be bound by any JBCC Agreement or retentions.
Clause 3 - GENERAL & ESTIMATES/QUOTATIONS
3.1 The Estimate/Quotation is subject to these Terms and Conditions.
3.2 The Estimate/Quotation is valid for 7 days from the date of issue, unless otherwise stated in writing.
3.3 The Company reserves the right to revoke any Estimate/Quotation in the event of an error, including but not limited to, incorrect line items or quantities, or line items omitted.
3.4 All Estimates/Quotations are subject to final measurement and actual installed quantities.
3.5 The Company shall endeavor to deliver Goods and/or Services within the stated delivery period; however, such delivery dates may be subject to change due to stock availability, imports, weather, and other factors. The Company shall not be liable for any claims arising from any such delays.
3.6 Installation dates may vary due to weather conditions and unforeseen factors affecting previous or current projects. The Company shall not be liable for any claims arising from any such delays.
3.7 E-mailed pictures are for illustration purposes only. Actual products and accessories may vary from the images provided. All extras or add-ons not included in the original Estimate/Quotation shall be billed additionally on the final invoice.
3.8 Quotations exclude gates and accessories unless explicitly stated in the Estimate/Quotation.
3.9 Warranty Limitations: The warranty provided by Value Fencing applies exclusively to PVC materials, as detailed in our warranty document available on our website. The warranty shall only be considered effective upon receipt of full and final payment by the client, after which a warranty document will be issued upon request.
3.10 Credit Check Consent: The client consents to an ITC online credit check being conducted on the company and/or themselves personally via Accountability, on behalf of Value Fencing.
Clause 4 - PAYMENT
4.1 A deposit of 50% of the Estimate/Quotation value is required to initiate the preparation of materials, with the full balance payable upon receipt of the final invoice. The client may not withhold final payment, nor any retention amount due to any issues or additional work as stipulated in Section 7 herein.
4.2 Any discounts offered are strictly settlement discounts and shall be void if the full balance is not received within 7 days from the invoice date, regardless of any possible snags on site. Such discounts shall be automatically voided by the Company's accounting system and cannot be reversed.
4.3 If the full invoice amount is not settled within 14 days of the invoice date, the Company reserves the right to void the invoice and reissue it at current prices.
4.4 All repair jobs and cash jobs shall be payable upfront in full.
4.5 The Company may, without prejudice, accept any amount of payment, signage thereof, official/verbal order, e-mail, or SMS of acceptance of the Estimate/Quotation and/or allowing the Company's employees on the premises to install items quoted, as acceptance of the Estimate/Quotation and these Terms and Conditions.
Clause 5 - CUSTOMER'S RESPONSIBILITIES & PROVISIONS
5.1 The Customer shall be responsible for obtaining all necessary permissions, approvals, and plans from relevant authorities, such as municipalities, body corporate, estate management, or governing bodies, for the erection of fences, screens, gates, or balustrades.
5.2 The Customer shall ensure that the quoted work complies with all applicable laws, regulations, by-laws, and requirements of title deeds, local authorities, Municipal By-laws, Body corporate and / or Estate regulations.
5.3 Standard Post Caps: Unless otherwise specified in writing by the Customer on or before the confirmation date, all quotes for post caps shall include standard "flat" caps only. Gothic or New England caps are available at an additional charge per cap, as these caps are more expensive than standard caps. 5.4 Fence Specifications: The position, height, style, and finishes of the fence shall be in accordance with the discussions held on site with the Customer.
5.5 Customer Understanding: The Customer is responsible for ensuring they fully understand the scope and specifications of their quote. No disputes will be entertained concerning any discrepancies between the Customer's expectations and the actual installation.
5.6 Quote Confirmation: The Customer must confirm their satisfaction with the quoted height, style, finishings, accessories, and installation method before accepting the quote.
5.7 Access and Facilities: The Customer shall provide full access to all necessary areas for installation, including restraining animals, arranging access codes for gated communities, providing access to both sides of the wall (if required), water and 220V AC power supply, and a mixing area for concrete. If water or power supply is unavailable, the Customer must notify Value Fencing before the installation date. The Customer will be responsible for any costs associated with providing alternative power sources or equipment.
5.8 Toilet facilities: The Client shall provide toilet facilities for Value Fencing's staff during the entire installation period.
5.9 Storage of Materials: The Customer shall provide storage for materials on site and assumes full responsibility for all materials brought to the site, unless otherwise agreed upon in writing.
5.10 Site Preparation: The Customer is responsible for completing and preparing all necessary sub-structures, ground works, leveling, slopes, gradients, and clearing of plants, trees, or foliage in the fence line before Value Fencing staff arrive for installation. Value Fencing reserves the right to remove or trim plants within the fence line and shall not be held responsible for any resulting actions or damages. Levelling of all areas / driveways to be done by client prior to installation unless otherwise stated on this quotation.
5.11 Clearing and Demolition: The Customer shall be responsible for the costs associated with clearing the fence line, demolishing existing fences, removing and disposing of materials, and any additional labor and transportation expenses incurred.
5.12 Exclusions of Additional Components: Gate automation systems, sensors, magnetic or slam locks, access control systems, handles, hooks, and any special accessories not explicitly mentioned in the quotation are excluded from the scope of work provided by Value Fencing. Any costs associated with the procurement and installation of these additional components shall be borne by the client.
5.13 Post-Installation Care and Client Liability: Clients are strongly advised not to use, touch, handle, or shake any gates or posts within five days following the installation. This precaution is necessary to allow the concrete filling to set properly. The client shall be held financially responsible for any repairs resulting from failure to adhere to these post-installation care guidelines.
5.14 Gate Accessories such as hinges & latches etc. other than Value Fencing's standard ones required by client is to be communicated to us in writing or via e-mail (confirmed by Value Fencing management) prior to the preparation of materials / gates, as construction & size may vary resulting in such accessories not being suitable for mounting on standard built gates and / or gate having to be re-built at Client's expense as completed gate sizes cannot be altered.
5.15 Property Access Provision: The client shall grant Value Fencing and its staff unrestricted access to the property at any given time until the date on which the total amount due is paid in full.
5.16 Cleaning Recommendations: To ensure the proper maintenance of your PVC products, use ONLY Value Fencing's Clean Pro PVC Cleaner, Kleen Green or a small amount of Domestos diluted in water for safe cleaning. For stubborn stains or minor scratches, a 1200-grit sandpaper in combination with Value Fencing's Clean Pro PVC Cleaner. Refrain from using household detergents for cleaning your PVC products. If uncertain, kindly contact Value Fencing for a list of approved cleaning products.
Clause 6 - INSTALLATION & SPECIFICATIONS:
6.1 Gaps and Spacing: The Customer must request, in writing upon confirmation, any necessary adjustments to gaps or spacing between installed uprights and existing fencing or walls. Such adjustments will be subject to additional charges.
6.2 Changes and Additional Work: Any alterations, additional work, or special requests that deviate from the original quote must be communicated in writing to Value Fencing on the date of quote acceptance. The Customer will be responsible for any additional costs incurred due to these changes, including materials, labor, and transportation.
6.3. Ground Level Adjustments: Some fence styles may not accommodate sloping ground levels and will require stepped installation. This may result in additional costs for posts, concrete, consumables, and labor, for which the Customer will be responsible.
6.4 Standard Gap: A gap of approximately 4-5 cm shall be maintained under the bottom rail of all fencing and screening for various reasons, including but not limited to stormwater and edge trimmer access.
6.5 Stepped Sections: Gaps under fences in stepped sections may vary in size. Closing these gaps and any additional materials required must be requested and communicated in writing to Value Fencing upon confirmation and will be subject to additional charges.
6.6 Stepping or Sloping: Value Fencing or its installers reserve the right to determine whether to step or slope fence sections unless specified in writing by the Customer upon confirmation, or as instructed by the Customer or their representative on site.
6.7 Fence Height: The quoted fence height is an average and may vary on sections that are stepped or sloped due to uneven ground levels.
6.8 Sloped Sections: The tops of fences on sloped sections will not be level unless specifically requested by the Customer upon confirmation, subject to additional costs for materials and labor.
6.9 Balustrade Compliance: Value Fencing's balustrade conforms to the SANS 10400d principal criteria for balustrades and railings as per the National Building Regulation. Balustrades installed on dwarf walls will be adjusted accordingly to maintain a minimum height of 1m from the floor to the top rail, unless otherwise requested in writing by the Customer.
6.10 Retaining Soil: Value Fencing products are not designed for retaining soil or other materials. Using them for such purposes will void any applicable guarantees.
6.11 Alignment of Rails: The bottom rails of gates and fences will not align, as gates must be shorter in order to open without obstruction or impediment.
6.12 Client-Supplied Accessories: Clients may choose to procure and provide their own accessories for use with Value Fencing products. Clients must inform Value Fencing of their intention to do so in writing or via email before the preparation of materials and gates commences. Please note that some accessories may not be compatible with our products and cannot be utilized.
CLAUSE 7 - Stand Time: The Client is responsible for:
A. Costs Incurred: Any and all costs, including the rate per hour for the crew, additional transport costs, resulting from uncompleted preparations, site not being ready for installation, lack of access, or lack of electricity at the time arranged for installation.
B. Delays by Non-Value Fencing Personnel: Delays or refusals to permit work commencement caused by other contractors on site, the client, tenants, animals, or any person other than Value Fencing's staff.
C. Damage to Materials: Any damage to materials, whether installed or not, caused by any means or by anyone using gates, handling, pushing or shaking fences or posts when the concrete has not set.
D. Costs of Damages: Any and all costs of damages, such as scratches, skew, or loose posts, resulting from actions taken by any person other than Value Fencing's staff or installers, shall be borne by the client.
E. Additional Tools: Any / all additional tools including Scaffolding, jackhammer's, generators required will be charged to client's account.
F. Any part of installation requested by the client, his representative on site / builders / contractors on site to be left open / uncompleted, may not affect the full outstanding amount payable with the balance of work completed. Value Fencing will not be bound by any retention of any sort due to such or any other hold ups.
G. Removed Material Disposal: Value Fencing reserves the right to dispose of removed fencing, gates, and/or accessories as deemed appropriate by management, unless explicit written instructions are provided on how these items should be handled or discarded. The client shall have no claims against Value Fencing concerning the disposal of such items.
Clause 8 - INDEMNITY:
Value Fencing, the Company, its Franchisees, the Franchisor, and its Staff shall not be held responsible for:
A. Structural Integrity: Any issues pertaining to the structural integrity of the sub-base or sub-structure installed onto and shall not be liable for any future claims resulting from the failure thereof during or after installation.
B. Damages due to Movement: Damages caused by the movement or sagging of soil installed on, for any reason whatsoever.
C. Existing Structures: Any existing posts, columns, walls, fences, or other structures adjacent to or joining with our installation that are skewed, not level, or straight, or the quality thereof.
D. Third-Party or Wind Damage: Any damages or losses caused by third parties, wind, tampering, works, adjustments, repairs, pushing, shaking of installed materials, posts, or usage of gates before the concrete has set.
E. Non-Compliant Installation Claims: Any claims, legal or otherwise, arising from the installation of balustrades, pool fences, or gates that do not comply with National Building Regulations, SANS Regulations, or Municipal Bylaws due to the Customer's specific instruction to install said products in a non-compliant manner (e.g., balustrades lower than 1m high, pool fences lower than 1.2m high).
Note that our standard installation is fully compliant.
F. Existing Fences and Gates: The Customer shall not have any claims against Value Fencing with respect to any existing, old, or previous fencing or gates that may be removed, damaged, or discarded during the installation process.
G. Value Fencing shall not be held liable for any damages or losses incurred as a result of damaged tiles, flooring, carpets, paving, plaster, concrete, columns, bricks, pipes, cables, or channeling while digging or drilling holes or for any other reason during the installation process.
H. Limitation of Liability for Loss or Damages: Value Fencing shall not be held responsible for any loss, damages, or security issues arising from incomplete or removed fences, gates, or any parts thereof, regardless of the underlying cause or reason.
I. Accessory Limitation of Liability: While Value Fencing endeavors to source the highest quality accessories available within the country, the company does not guarantee these accessories against rust, failure, or other defects. If available, the manufacturer's or supplier's warranty shall apply, and any claims must be made directly with the relevant party, not with Value Fencing. Clients are responsible for regularly oiling all stainless-steel accessories to prevent surface rust and long-term damage. Any costs related to materials, labor, transport, and/or consumables for repairs or claims shall be borne by the client.
J. Paving Reset Disclaimer: Although Value Fencing will make every effort to properly reset paving or flagstones, the company acknowledges that it is not a professional paving service provider. As a result, the quality of paving reset work may not match that of dedicated paving professionals. Clients are advised to engage their own paving contractors at their own expense if they are not satisfied with the potential quality of paving reset work performed by Value Fencing. The company assumes no responsibility for any dissatisfaction with paving reset jobs and will not be held liable for any associated costs to rectify such issues.
In Conclusion: These Terms and Conditions of Sale represent the entire agreement between the parties and supersede any prior discussions, representations, or agreements, whether written or oral, relating to the subject matter herein. By entering into a transaction with the Company, the client acknowledges and accepts these Terms and Conditions of Sale in their entirety. Any modifications to these terms must be made in writing and signed by both parties. Failure to enforce any provision of these Terms and Conditions of Sale shall not be construed as a waiver of such provision or any other provision, nor shall it affect the validity or enforceability of these terms. The Company reserves the right to amend or modify these Terms and Conditions of Sale at any time, with appropriate notice provided to the client. The client's continued engagement with the Company shall constitute acceptance of any such amendments or modifications.