Terms & Conditions

INTRODUCTION

Kgodisholeago Solutions and Projects, henceforth in the document to be referred to as Kgodisho Solutions of the contractor, take pleasure in presenting our terms and conditions. For any future contract, whilst executing our initially contracted work, should there be any additional work, not listed in the initial quotation or conversation, that you would like us to quote on, please do not hesitate to request such, furthermore, should there be a need to do more work as a direct consequence of work embarked upon, we will quote on such work before a new work is commenced. We continue to work for clients across multiple provinces affording all we work for with assured quality products and quality workmanship. Our operational approach allows us to allocate resources to match any scale of project.

AGREEMENT

The purchase order, these terms and conditions, any special conditions, design standards and insurance requirements (together, the “Agreement”) along with drawings, specifications, addenda issued before issuance of the agreement and any subsequently executed change order (together with the Agreement, the “Agreement Documents”) shall govern the relationship between the parties for the building (construction), renovation, alternation, or extension project described in the agreement

EXECUTION OF WORK

Kgodisho Solutions shall furnish all labour, material, services, tools, equipment, and fixtures necessary to perform and complete in a good and workmanlike manner the Work described in the Agreement. All Work shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the Work, including, but not limited to, environmental regulations and the Occupational Safety and Health Act. The contractor shall have control over, and be solely responsible for, all means, methods and sequences for performing the Work.

PROJECT BUDGET

We advise all our clients to allow room in their construction budget for changes or upgrades along the way. This could help avoid frustrations later in the process that could result from wanting a change they cannot really afford.

POSSIBILITY OF GOING OVER ORIGINAL ESTIMATED PRICE

the proposal together. We rely on our vast experience and do our best to include many items that your renovation might involve. However, with renovations/remodelling we are generally working with structures that were previously built by a different company or someone else. Additional/extra work will incur additional costs, whether because of unforeseen circumstances or due to changes requested by the homeowner. Because remodelling/renovations is not an exact science, we recommend factoring a realistic percentage for contingencies into your budget to account for these types of situations.

INSTANCES THAT MAY INCREASE INITIAL ESTIMATE OR PROJECT BUDGET

The client is made aware of the unfortunate fact that there exist a distinct possibility of the estimate amount or project budget increasing due the instances listed below. These instances are in no way exhaustive, there are others which may necessitate an increase. These ones are the more prevalent ones and have implications on several issues that may affect the project. Should the below instances prevail, Kgodisho Solutions and Projects will exercise the right to provide and new estimate and project budget.
– Client change Order requests: The most likely culprit for a project going over budget is simply that our clients change their mind after a proposal has been signed. Some examples would be thinks like more expensive finish material than budgeted, or unique (e.g. non-industry standard) requests. More specifically, this may include oversized tile installation, unusually laid flooring patterns, non-industry standard electrical systems, additional mouldings and/or woodwork, wallpaper, additional paint colour variations etc.
– Surprise structural changes: Once the demolition is complete, you suddenly have a new vision for your home… one with an open floor plan or maybe the newly exposed, previously installed beams turn out to be too small. Situations like these do arise from time to time. These surprises and changes do generally increase your overall investment in your project.
– Adherence to new building codes/legislation Building codes were originally designed to protect public health and safety. In recent years government has ramped up the using of new codes to implement policies such as energy efficiency and sustainability. This slew of new building standards can mean hidden costs, especially for older homes.
– Improper building practices/shoddy work from previous contractors: once we expose the walls, it may reveal many mistakes and contractors who “cut corners.” Unfortunately, these are issues that cannot be seen until your project is underway. We pride ourselves on a job well done, and this sometimes means extra costs to fix pre-existing mistakes.

CHANGES IN THE WORK

The Agreement may only be modified by written change order signed by both the owner and the contractor, and the contractor shall have no claim for any extra or additional work unless such work is clearly authorised in writing by the towner before such extra or additional work is performed. The contractor acknowledges that it waives all claims for extra charges for extra or additional work the contractor performs without prior written authorisation from the owner. Written instructions to change any work can be submitted or effected through electronic aids and existing platforms, such as WhatsApp, SMS, and email.

CORRECTION OF WORK

At The owner’s request, The contractor shall, at The contractor’s expense, promptly remove from the Site all Work identified by The owner as not in accordance with the Agreement Documents, whether incorporated or not; The contractor shall, at The contractor’s expense, promptly replace and re-execute all labour, supplies, materials, equipment and/or other facilities in accordance therewith and restore all work.

SUPERVISION

The contractor shall provide a competent manager and a competent superintendent for the Project, approved by the owner, who shall be at the Site and working on the Project for layout, direction, coordination, sequencing and all other required activities, for the entire duration of and until final acceptance of the Work.

PAYMENT TERMS

We require 35% deposit upfront of the quoted amount to start with required work. The remaining amount to be paid out in a format and frequency to be agreed upon with the client. Such will be detailed in the final quotation/contract. As per agreement, detailed in the final contract/quotation, the contractor shall submit an invoice for payment, as applicable, to the owner along with all supporting documentation including, but not limited to: (i) all documentation necessary to establish clearly that The contractor is entitled to payment of all amounts applied for, (ii) the amount to be paid. The owner shall pay amounts due under such invoice within agreed upon timeframes. By including any item of work in an invoice, the contractor certifies that such item, or the stage of the work for which payment is requested, has been properly provided and that the contractor is currently entitled to payment therefor under the agreement documents.

PRICING/QUOTATION

  1. The pricing as detailed in the quotation are valid for 20 days from date of quotation.
  2. All prices indicated do not have VAT included, as we are not VAT registered.
  3. Prices, as detailed in this quotation, may have to be revised depending on the period elapsed between the date hereof and the possible award of contract/work.
  4. Should Kgodisho Solutions only be appointed to do certain of the work as detailed, Kgodisho Solutions reserves the right to re-measure and re-quote if found to be necessary.

MEETINGS

If requested by the owner, prior to commencing the project, the contractor shall participate in a kick-off meeting with the owner’s project manager or other representative. Additionally, the contractor shall, if required, hold progress and/or administrative meetings with the owner and all persons or entities then performing the Work on the Project. Such meetings shall be held at times as agreed upon by the contractor and the owner.

COORDINATION AND ACCESS

As best as possible, the contractor will ensure that the owner has use of any existing facility and there is no interruption of existing utility systems. All Work shall be carried out in such a manner as to cause the least interference with the owner’s continuous operation and/or the work of other the contractors. Corridors, doorways and exits, shall always be kept free of all materials. If it becomes necessary to interrupt utility service to make a connection, alteration or relocation to such system, the contractor shall prearrange such Work with the owner.

GUARANTEE/WARRANTY

  • We offer varying workmanship guarantee in conjunction with the manufactures guarantee, depending on the type of work to be done, i.e. renovation, extension, or building
  • The liability of Kgodisho Solutions will reduce over the guaranteed period.

The following will be excluded from the guarantee:
  • Damage from external causes outside Kgodisholeago Solutions control, such as but not limited to, welding or other heating, pollution, mechanical damage, hydrostatic pressure, electrical or electrolyte damage.
  • Incorrect cleaning, neglect, fire, explosion or other accidents, Acts of God, vandalism, or other malicious damage.
  • Damage caused by any other condition, e.g. structural, plaster cracks, rising damp, moisture ingress or dampness because of earth retention.
  • Deliberate defacing or mishandling of any of the areas completed.
  • And any other impact as a result of normal office activities
  • Negligence of care.
  • Using abrasive cleaning material

LIMITATIONS OF LIABILITY

Whilst every care necessary will be taken to ensure that there is no damage to existing pave, due to the nature of work to be undertake, Kgodisho Solutions cannot be held responsible for damages to the pave being affected as the work is performed.

SAFETY

The contractor is entirely responsible for security and safety at the site until it is turned over to the owner. The contractor shall comply with the owner’s Safety Guidelines for the contractors and all laws of any governmental authorities for the safety of persons or property. Hazardous Materials may not be used without prior notice to and coordination with the owner. The contractor shall be responsible for any hazardous materials brought to the site by the contractor, Sub contractors, suppliers, or anyone else for whom the contractor is responsible.
The contractors shall dispose of all Hazardous Materials in accordance with all applicable laws and the owner’s Safety Guidelines for the contractors relating to disposal of Hazardous Materials. Notwithstanding anything herein to the contrary, asbestos, asbestos containing products or polychlorinated biphenyl (PCB) shall not be allowed on the Site nor be used in the Work.

JURISDICTION

The agreement entered by the contractor and client shall be governed by, and construed in accordance with, the laws of South Africa. The owner and the contractor agree that any dispute between the owner and the contractor shall be resolved in the local and applicable courts, and the parties stipulate to the jurisdiction and venue of such a court.

FORCE MAJEURE

In no event shall the contractor be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities (stoppage or disruptions in municipal services), communications or computer (software and hardware) services; it being understood that the contractor shall use reasonable efforts which are consistent with accepted practices in the construction industry to resume performance as soon as practicable under the circumstances.

WORKPLAN

The contractor will provide the client with a workplan detailing work to be done and estimated times. The work plan will be updated during the course of the project and the client is hereby made aware that estimated times provided might be subject to review as required.

SIGN OFF FOR WORK DONE

The client will be expected to sign-off work completed as a sign of agreement that work contracted for has been completed as per required specifications. Such signed off and appropriately, both the client and the contractor will keep dated copies.
The Work shall be deemed complete after it complies in all respects with the Agreement Documents, The contractor has completed all ‘snag list’ items, properly cleaned up its worksite, provided The owner with all required warranties, manuals, and record documents, and otherwise has completed all acts necessary to allow The owner to obtain occupancy or use permits as a result of the Work.
Approval of the contractor’s final invoice shall be conditioned upon performance of all the foregoing obligations and receipt of the documents set forth in Paragraph 6.

CONCLUSION

We look forward to being of service to you.