Terms of Engagement

General

BUILT BY DESIGN (hereafter BBD) will manufacture, supply and install according to the signed off quotation and final drawings. No work will go into production without a signature, written confirmation and requested payments received.

The quotation will include the fabrication and installation only, 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 and the like, unless specially noted on the signed quotation. The quotation is calculated on the assumption that BBD will install against square and level floors, walls, doors, windows and ceiling finishes.

If the Client requests BBD to undertake additional work or supply additional materials, a charge for the extra work will be quoted on separately and added to our estimates upon agreement.

Payments

All Appliances is payable on placement of order. For cabinetry, on acceptance of the quotation 60% deposit will be required, 30% on delivery of the carcasses, 5% on stone installation and the remaining 5% on date of completion. Any variations or additional work will need to be paid on the presentation of the pro-forma. Any delay in payments will have a direct impact on the installation date which will be moved forward in relation to payments received.

Ownership for the goods will remain property of BBD until paid in full. Should the units have been delivered to site, whether fixed to the walls or not, and payment not received by the Client, BBD is authorized to remove all manufactured goods.

BBD retains LIEN over all goods until final payment has been received. Access to the installation address will at all times be allowed to BBD and product that is faulty or unpaid for will be removed from the installation address. All items and product sourced for the Client, is payable in full on order as per Quotation supplied. BBD is entitled to periodic payments in accordance with the value of the work completed expressed as a percentage of the total works, or on presentation of a reconciliation or request for payment. Payment of the balance of the full contract price is due on completion of the works. On completion, a full VAT invoice together with a detailed product list and reconciliation, will be issued to the Client. In the event that any payments due are not made in accordance with the provisions of this Agreement, BBD reserves the right to cease all works pending receipt of payment.

Risks

Any damages to any of BBD’s furniture passes to the Client once delivered to site. The Client is responsible to make adequate provision for safe storage of goods. Damaged items will be a variation order which will be for the Client account. It rest purely on the Client to make sure that the site is ready and safe for installation.

Materials, Design & Measurements

The Client acknowledges the following:

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
Where man made simulated products are used in the fabrication of the units, there will be variations in the visible colours of the products; and
Paint, Granite and Solid Wood products are natural materials and can differ from samples seen in the showroom. No claim will arise as a result of visible variations in colour or grain.
The Client’s acceptance of any and all quotations confirms that the design, order, material specification were done in accordance with the requirements and Client’s brief.
The Client is required to initial the design perspective and floor plan which will confirm approval and sign-off. Our lead time will only commence once all designs and quotations are signed off and payment has been received.

Delivery

BBD is dependent on the delivery of materials by its suppliers, and whilst every effort will be made to meet delivery times requested, BBD will not be held responsible for any delays by our suppliers. Installation dates given are estimates. Although BBD will take all measures to adhere to the dates provided, dates are dependent on (1) timeous delivery of material; (2) availability of installers on date of installation and (3) availability of materials.

The delay in the installation, or completion thereof for any reason, by any person, shall not give rise to claim against BBD. BBD 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. In the event of a delay as a result of a site not being ready, the installation will be re-scheduled according to BBDS next available slot.

At installation, if BBD finds that the structure is defective or does not conform to modern day standards, they reserve the right to suspend the installation until such time as the site is made ready by the Client, or alternatively amend the quotation to allow for the installation to accommodate such defects.

No additional work will be carried out by BBD unless the customer has accepted, a written quotation from BBD. WhatsApp confirmation is considered legal and binding.

In the event that BBD is not able to commence or continue with an installation due to a power failure for any reason whatsoever, the cost of hiring a generator will be for the Client’s account.

The price stated on the quotation has been calculated on the basis that work will be executed during our normal working hours from 07:30 to 16:30 Monday to Friday only, unless the parties agree otherwise.

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

It is the Client responsibility to ensure that BBD is given accurate dimensions of all built-in and freestanding equipment such as microwaves, ovens, hobs, televisions and the like. BBD accepts no responsibility for incorrect dimensions given by the Client. This may/will result in a variation order. The client is responsible to bring to BBD’s attention any specific requirements including but not limited to plumbing, electric or technical specifics.

Installations

The success of all projects lie in the installation. When installing, we cannot be held responsible for accidental damage to water or electrical pipes, if not informed of exact location beforehand. Should we not be able to install on booked day due to any reason beyond our control, goods delivered will be placed in storage for your account. BBD will not be held responsible for delays occasioned by suppliers/contractors, major, acts of God or neglect by the client and whilst endeavouring to remedy any such delays payment may not be withheld by the client, and the contract period will be extended by the same period by which the project was delayed. The client undertakes not to issue any instructions to employees/sub-contractors of BBD, or its’ agents. All communications are to be directed to BBD direct in writing.

Snagging

We assure you of excellent service, superb workmanship and attention to detail. If a mistake has been made by a manufacturing workroom, we undertake to put it right. On completion of the works, a seven day period will be allowed for preparation of a defect list (if any) by the Client. BBD undertakes to remedy any problems on the defect list within fourteen days of receipt where possible. The client undertakes not to withhold any funds and payment in full must be made on completion of the works, notwithstanding the fact that defects may need to be remedied. If no snaglist is presented within 7 days, the Client agrees that all goods are installed in perfect condition. Our factories and contractors close over the December period between 15 December and 15 January and over the Easter as well as during Ramadan

Warrantees

Build by Design offers a one-year warranty, effective from date of completion and sign off of the job, on all material and components.
In addition to the warranty extended to the customer on all material and components, Build by Design offers a one-year installation warranty, effective from date of completion and sign off of the job. This warranty applies to any defective workmanship or mis-installation of the product.
The warranties as listed above exclude
- Damage related to subsequent alterations, misuse, negligence and/or careless use or abuse of the covered items;
- Damage resulting from fires, storms, electrical malfunctions, accidents, floods, sub- grade moisture conditions, leaks, water damage or acts of God;
- Damage related to customer’s failure to observe any instructions from Build by Design and/or requirements of the manufacturer with respect to the product, including without limitation failure to control humidity and temperature levels within the home;
- Damage by parties other than Build by Design working on site both identified and
- Normal wear-and- tear or colour variations caused by the passage of time, light, steam or vapours or other such factors associated within the kitchen and/or living environment;
- Domestic appliances, sinks and taps, hardware which are guaranteed by the respective manufacture’s warranties;
- Worktops and surfacing which are guaranteed by the respective supplier and/or fabricators warranty.
The above warranties rely on the customer following the care and maintenance document provided by Build by Design. Should none be provided then the customer is directed to the KSA’s Care and Maintenance guidelines available for download off the KSA’s website – ksa.co.za

Disputes

Should a dispute arise between the parties with regard to the quality of BBD’s workmanship, the materials, or the finishes, such dispute shall be referred to The Kitchen Specialists Association to attempt to resolve the dispute, and where necessary, appoint a
The parties shall be bound by the decision of The Kitchen Specialists Association’s appointed
Prior to The Kitchen Specialists Association providing its mediation service, the balance of any monies due by the customer to BBD shall be paid to the Kitchen Specialists Association Holding Account pending resolution of the dispute.
In the event of a dispute arising from any matter other than a dispute arising from alleged faulty workmanship, materials or finishes, the parties shall be entitled to institute legal proceedings in a court of law.

Service Address

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

Miscellaneous

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.
No indulgence or extension of time granted by any party to any other party shall:
- operate as, or be deemed to be, a waiver of his rights hereunder;
- be a novation of this agreement; or
- operate so as to preclude such party thereafter from exercising their rights strictly in accordance with this agreement.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether he alleges it induced the contract or whether he was negligent or