Terms and Conditions for Studio Crafted Kitchens and Cabinetry

1. Preamble

1.1.  Any reference to the word “CONTRACTOR” shall mean STUDIO CRAFTED FURNITURE cc.


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

1.4. The CONTRACTOR undertakes to manufacture, supply, and install the kitchen and/or cabinetry in accordance with the provisions of this agreement and as detailed in the drawings annexed hereto and initialled by the parties for the purposes of identification.

1.5. The purchase price shall be the amount stated and identified as the purchase price on the face of this agreement.

2. Price

2.1. The purchase price includes the fabrication and installation of the new cupboards only. Unless otherwise stated, it excludes the stripping, removal, and disposal of existing cupboards, plumbing and electrical fittings and the installation thereof, plastering, tiling, brick work and floor finishes, unless specifically noted on the face of this agreement.

2.2. The price is calculated on the assumption that the CONTRACTOR will install the new kitchen against square and level floors, walls, doors, windows, and ceiling finishes.

3. Price Increases

3.1. If the CLIENT requests the CONTRACTOR to undertake additional work or supply additional materials not included in this agreement, a charge for the extra work and materials will be levied.

3.2 The CONTRACTOR will not undertake any additional work unless the CLIENT has accepted the quote and paid the required deposit

4. Payment

4.1. Payment is due strictly in accordance with the terms of this agreement, as follows:

4.1.1. On acceptance of the quotation – 75% of the contract price;

4.1.2. On completion – 25% of the contract price;

4.1.3. On presentation of an invoice for additional work as requested by the CLIENT – the amount due for extra work.

4.2. No additional work will be carried out by the CONTRACTOR unless the CLIENT has accepted a written quotation from the CONTRACTOR.

 

5. Ownership

5.1. Ownership of the goods shall not pass to the CLIENT until the payment in full of the purchase price.

5.2. Should the units have been delivered to site, whether fixed to the walls or not, and payment not have been made by the CLIENT, the CONTRACTOR is specifically authorized to remove same.

6. Risk

6.1. Risk in and to the cupboards and their components passes to the CLIENT immediately upon delivery to his premises.

6.2. The CLIENT shall make adequate provision for the safe storage of the goods, and the risk of damage to the goods especially by other CONTRACTORS on site rests with the CLIENT.

7. Materials

7.1. The CLIENT acknowledges that:

7.1.1. Where natural timber is used in the fabrication of the units, there will be substantial visible differences both in the grain of the timber as well as the colours of the timber;

7.1.2. Where man-made simulated products are used in the fabrication of the units, there may be variations in the visible colours of the products;

7.1.3. No claim will arise because of visible variations in colour or grain.

8. Delivery

8.1. The CONTRACTOR is dependent on the delivery of materials by its suppliers, and whilst every effort will be made to meet delivery times requested, delays may occur.

8.2. It is the CLIENT’s responsibility to ensure that work is not delayed by the late delivery of any materials sourced from suppliers other than the CONTRACTOR, and that all work by other CONTRACTORs has been completed, ensuring free and uninterrupted access to the installation site by the CONTRACTOR.

8.3. The delay in the installation, or the completion thereof for any reason, by any person, shall not give rise to any claim against the CONTRACTOR. The CONTRACTOR is accordingly not liable for any loss of profit, any direct or indirect damages whether consequential or otherwise arising from its obligations under this contract.

8.4. The price stated in this agreement has been calculated on the basis that the work will be executed during normal working hours from 08:00 until 17:00 hours Monday to Thursday, and Friday 14:00 hours only, unless the parties agree otherwise.

8.6. The CLIENT shall make available at no cost to the CONTRACTOR reasonable access to, and possession of the site, as well as safe custody and storage of the goods, tools, and equipment during the CONTRACTOR’S absence from site.

8.7. No instructions may be given by the CLIENT to the CONTRACTOR’S workmen. All such instructions shall be given to the CONTRACTOR directly.

9. Service Address

9.1. The parties appoint as their respective service addresses for all purposes hereunder the addresses set out in this agreement.

10. Miscellaneous

10.1. This agreement constitutes the entire agreement between the parties and no addition to, variation of, waiver of its terms, or consensual cancellation hereof, shall be of any force or effect unless reduced to writing and signed by the parties.

10.2. No indulgence or extension of time granted by any party to any other party shall:

10.2.1. Operate as, or be deemed to be, a waiver of his rights hereunder;

10.2.2. Be a motivation of this agreement; or

10.2.3. Operate to preclude such party thereafter from exercising their rights strictly in accordance with this agreement.

10.3. No party is bound by any term, promise, or statement not written in this agreement.

 

By signing below, both parties agree to the terms and conditions as outlined in this agreement.