No representations or warranties of any other nature other than such as are stipulated herein have been made by the Supplier, and the Supplier shall under no circumstances be liable for any alleged consequential damage suffered by the Customer.
It shall be the responsibility of the Customer to ensure that the specification complies with any relevant conditions of title, laws and / or by-laws or Regulations and no warranty in this regard is made by the Supplier.
The Supplier undertakes to use its best endeavour to carry out the work and complete the work within a reasonable time, but does not accept any liability, consequential or otherwise, should the work not be completed timeously as a result of circumstances beyond its control, including, without limiting the generality of the aforegoing strikes, lockouts, fire, increment weather, flood and mechanical failure of any of the Supplier's plant or vehicles.
The Customer shall indicate to the Supplier or his workmen the placement of the Jungle Gym / structure and components / attachments prior to installation, and to their satisfaction. However, the Supplier or his workmen reserve the right to adjust the placement slightly to avoid any unforeseen obstructions / limitations. The Customer hereby indemnifies the Supplier against any claim of whatsoever nature, which may arise out of the fact that the Supplier may erect the works or any portion thereof outside the boundaries of the property in question.
The Customer shall indicate to the Supplier or his workmen the location of all relevant services i.e. water mains, electric cables etc, at the start of the contract, should nay Customer fail to do so, the Customer hereby indemnifies the Supplier against any claim whatsoever.
Whereas in order to erect the said Jungle Gym it will be necessary to excavate postholes at various points, the Customer warrants that the ground in which said postholes are to be located is comprised of soil to a depth of 1 metre taken from the natural surface of the ground at each point. Where such posthole discloses the presence of rock, paving, concrete, roots of any kind or other obstruction in the ground aforesaid, the Supplier shall be entitled ipso facto to increase the contract price by such reasonable amount as will compensate the Supplier for any loss sustained by it and any delay occasioned as a result of such obstruction. Should mechanical means be required to excavate the postholes, the cost will be passed on to the Customer.
In the event of any dispute arising out of this contract the parties hereby agree and consent to the jurisdiction of the Magistrate's Court irrespective of the amount involved in such dispute.
In the event of the Customer failing to make payment timeouly of any amount falling due in terms of this agreement then all amounts outstanding shall immediately become due. The Customer shall furthermore be liable for all costs, collection fees and charges, including costs as between attorney and client, which the Supplier may incur in the recovery of any amount due arising out of this agreement.
If a complaint is not lodged in writing within 7 days of completion then the parties agree that the work has been carried out in a proper workmanlike manner.
Ownership of goods shall not pass to the Customer until all amounts payable by the Customer have been paid for in full and in the event of any breach by the Customer, the Supplier shall be entitled to take possession of the goods which the Customer undertakes shall remain movable property.
Regular maintenance is a condition to the guarantee.