STANDARD TERMS AND CONDITIONS

CT Louvres & Pergolas

1. Quotations
   All quotations shall be valid:
   1.1. Only if provided in writing; and
   1.2. For a period of 30 days from the date of issue.
2. Acceptance of Quotation
   A binding contract shall come into existence upon acceptance by the client of CT Louvres & Pergolas’ quotation.
3. Variations
   No variation or amendment to these Terms and Conditions shall be valid or recognised by CT Louvres & Pergolas unless expressly agreed to in writing by CT Louvres & Pergolas.
4. Illustrations and Specifications
   All illustrations, specifications, advertisements, schedules and documents are provided for information purposes only and shall not be binding on CT Louvres & Pergolas. Any illustrations, descriptions, dimensions or specifications submitted with a quotation are approximate and are intended only to provide a general representation of the goods or services described. CT Louvres & Pergolas shall not be responsible for any loss arising from discrepancies therein.
5. Structural Attachments
   Aluminium louvres and aluminium roof structures shall not be covered under warranty where heavy frameless glass, sliding doors, steel frames, shutters or similar structures are attached to a CT Louvres & Pergolas structure without prior written approval.
6. Client-Supplied Information
   CT Louvres & Pergolas shall not be responsible for any loss or additional costs arising from incorrect information, specifications and/or measurements supplied by the client or the client’s representative.
7. Ownership of Goods
   Ownership of all goods supplied shall remain vested in CT Louvres & Pergolas until the full purchase price and any other amounts owing have been paid in full.
8. Late or Outstanding Payments
   Should the client fail to pay any amount by its due date, or retain any portion of the contract price, CT Louvres & Pergolas shall, in addition to any other remedies available to it, be entitled to withdraw any discounts granted and charge interest on all outstanding amounts at a rate of 2% above the prime commercial overdraft rate charged by First National Bank from time to time.

9. Liability and Awnings
   CT Louvres & Pergolas shall not be liable for damage caused by third-party companies or suppliers delivering materials or goods to the client.

   CT Louvres & Pergolas shall not be liable, whether in contract, delict or otherwise, for loss or injury arising from or caused by a failure to perform any obligations under this agreement, subject to applicable law.

   Canvas awnings are designed primarily to provide shade and are not intended to withstand excessive wind conditions. No warranty or claim shall apply in respect of wind damage to canvas awnings.

10. Unforeseen Site Conditions
    Should unforeseen problems arise during installation, including crumbling, unsuitable or misaligned walls, concealed services, structural defects or any other unforeseen site conditions, any additional work required to rectify or accommodate such conditions shall be charged to the client as an additional cost.
11. Municipal and Local Authority Approval
    It shall be the sole responsibility of the client to obtain any municipal, Local Government or other regulatory approvals required for the installation of the goods, including approved building plans where applicable.
12. Fixtures
    The parties specifically record that the goods supplied and/or installed by CT Louvres & Pergolas do not constitute permanent fixtures until ownership has passed to the client in terms of these Terms and Conditions.
13. Installation and Completion Dates
    Any installation or completion date provided by CT Louvres & Pergolas is an estimate only. CT Louvres & Pergolas shall not be liable for any loss arising directly or indirectly from delays in completing the contracted work.

14. Storage of Goods
    Where CT Louvres & Pergolas is required to store goods or materials on behalf of the client, CT Louvres & Pergolas reserves the right to charge an appropriate storage fee.

    Should the client fail to collect such goods after receiving seven days’ written notice to do so, the client authorises CT Louvres & Pergolas, subject to applicable law, to sell or otherwise dispose of the goods to recover outstanding storage costs and other amounts due.

15. Cancellation
    Should the client cancel an accepted order for any reason, CT Louvres & Pergolas reserves all rights and remedies available to it under applicable law. Any refund due to the client shall be processed within seven working days, subject to deductions or charges lawfully applicable to the cancellation.
16. Site Facilities
    The client shall, at their own cost, provide all facilities reasonably required by CT Louvres & Pergolas to carry out the contracted work, including access to electricity, water, toilet facilities, suitable storage facilities and reasonable access to the installation site.
17. Payment
    All payments due under the contract shall be made without deduction, exchange or set-off to CT Louvres & Pergolas at the nominated address or bank account. Unless otherwise specified in the quotation, all outstanding amounts shall be payable within five (5) days of completion of the installation.
18. Suspension of Work
    Should the client fail to make any payment by its due date, CT Louvres & Pergolas shall, at its sole discretion and without prejudice to its other rights, be entitled to suspend work until all outstanding payments have been made.

19. Guarantees and Warranties
    Any guarantee or warranty provided by CT Louvres & Pergolas may lapse where the client is in material breach of the contract, including failure to pay amounts due for contracted or approved additional work, subject to applicable law.

    Warranty claims must be submitted to CT Louvres & Pergolas in writing within five (5) days of the client becoming aware of the occurrence giving rise to the claim.

20. Snags and Defects
    Any snags or defects relating to completed work must be reported in writing to CT Louvres & Pergolas within five (5) days of completion of the installation.

    Failure to report such snags or defects within this period may result in CT Louvres & Pergolas accepting no liability for their rectification, except where covered by CT Louvres & Pergolas’ standard warranty or applicable law.

21. Increases in Costs
    Any increase in the cost of materials or labour arising after acceptance of the quotation by the client may be payable by the client in addition to the original contract price, provided that such increase is communicated to the client where reasonably practicable.

22. Jurisdiction and Legal Costs
    The client consents to the jurisdiction of the Magistrates’ Court in respect of any legal proceedings arising from this contract, notwithstanding that the amount claimed may otherwise exceed the jurisdiction of that Court.

    All legal costs reasonably incurred by CT Louvres & Pergolas in enforcing its rights under this agreement shall be payable by the client on an attorney-and-client scale, subject to applicable law.

23. Entire Agreement and Amendments
    No addition, waiver, amendment or modification of any quotation, contract or agreement shall be binding on CT Louvres & Pergolas unless recorded in writing and agreed to by a duly authorised representative of CT Louvres & Pergolas.
24. Domicilium
    The client nominates the address provided on the quotation, order or contract as their domicilium citandi et executandi for the purposes of receiving all notices and legal process relating to this agreement.