1.1. Acceptance of this quotation represents a binding agreement between the Customer and Contractor, in terms of which the parties agree to be bound.
1.2.The DRIA HOME BUILDERS (Pty) Ltd (“the Contractor”) represents and warrants that it has the necessary skills, knowledge, experience, and expertise to perform the services requested and to the same will be performed in a proper and competent manner.
1.3. The customer is responsible for acquiring necessary consent from the relevant authorities, verifying the quotation, and should the same be required for the completion of the services provided by the Contractor.
1.4.If an event occurs that is beyond the control of the Contractor which prevents the Contractor from performing the services on or by the date agreed, the Contractor will immediately notify the customer and give an estimate of time for the completion of service. The Contractor will make all reasonable efforts to minimize any inconvenience caused to the Customer.
1.5. VARIATION NOTICE: If the Customer requires a variation to the service or the Contractor finds a variation during the service, the Contractor will provide a quotation for performing the service as varied for which an additional sum will be added if accepted by the Customer. In the event that the Customer does not accept the Varied quotation, the Contractor is not obliged to carry out the variation.
1.6. Acceptance on a varied quotation by a Customer shall be evidenced by accepting on the new quote and shall be binding on the Customer to which the terms and conditions thereof shall be fully enforceable.
1.7. The Contractor may use sub-contractors to provide some of the services. In such circumstances, the Contractor shall ensure that the sub-contractors engaged have the required skill, knowledge, and expertise.
The Customer indemnifies and holds harmless DRIA HOME BUILDERS (Pty) Ltd, its officers, employees, and agents from and against any and all liabilities, claims, losses, damages, costs or expenses to the person or property of another, judgments, and/or expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by the Contractor or any of its officers or employees, which may occur or which may arise out of the performance in terms of this agreement
3.1 Before commencing work, the customer agrees to pay DRIA HOME BUILDERS (Pty) Ltd 50% deposit of the amount as stipulated on a quote and the remaining 50% on completion.
3.2. Notwithstanding the above, the Customer agrees to pay the full contract price as stipulated on the quotation.
3.3 In the event that the Customer is unable to pay such amount, the Contractor shall not be obliged to commence the work requested by the Customer.
3.4 Late Payment: DRIA Home Builders (Pty) Ltd hereby agrees that should any amounts not be received by the customer on the due date or should any cheque or debit order payment be dishonored by the bank, he/she will pay interest on the amount.
Customer Remedies For Breach:
4.1 DRIA Home Builders (Pty) Ltd will be entitled to cancel this agreement by written notice to the Customer in the event that the Customer:
4.2 Fails to make payment in terms of this agreement on the due date and remains in default for 7 (seven) days after receiving written notice from DRIA Home Builders (Pty) Ltd to make payment;
4.3 Commits any other breach of this agreement and fails to remedy the breach within 7 (seven) days after receiving written notice from DRIA Home Builders (Pty) Ltd to do so
4.4 DRIA Home Builders (Pty) Ltd.’s acceptance of those payments will not in any manner affect its right to cancel this Agreement or any other remedy it may have;
4.5 Should The Customer fail to make payment to a third person as required by the agreement or fail to perform any other obligation due in terms of this agreement and remain in default for 7 (seven) days after receiving written notice from DRIA Home Builders (Pty) Ltd to remedy the default, DRIA Home Builders (Pty) Ltd may without prejudice to its rights, make the payment or carry out the obligation and recover the amount paid or the cost of carrying out the obligation (the case may be) from the Customer
5.1 This Agreement constitutes the whole agreement between the parties and no warranties or representations not stated herein, whether express or implied, shall be binding upon the parties. No agreement at variance with the terms and conditions of this Agreement, and no cancellation of this Agreement, shall be binding on the parties unless reduced to a written agreement signed by or on behalf of the parties. The parties shall likewise not be entitled to agree verbally to waive the conditions set forth in this Clause or to agree verbally to cancel this Agreement.
5.2 Each of the parties to this agreement hereby acknowledges and agrees that all of the provisions of this agreement and the restrictions herein contained are fair and reasonable in all the circumstances and are in accordance with the party’s intention.
Variations, Cancellation, and Waiver
No contract varying, adding to, deleting from, or canceling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
Entire Agreement and Representations
This agreement contains all the express provisions agreed on by the parties with regard to the subject matter of the agreement and the parties waive the right to rely on any alleged express provision not contained in the agreement.
If any term, condition, provision or performance, or any part of a term, condition, provision or performance of this Agreement is determined to be invalid, illegal, unlawful or unenforceable to any extent, that term, condition, provision or performance or the relevant part thereof shall be severed from the remaining terms, conditions, provisions, and performance of this Agreement, or amended to make it valid, legal, lawful and enforceable, in such a manner as to leave the amended Agreement substantially the same in essence, and this Agreement so amended shall remain in force and effect