Terms of
service.
These terms and conditions govern all services supplied by David Brits t/a Cape Town Signwriting / Cape Town Mural Arts, registered in South Africa.
01 — Agreement
All services supplied by David Brits t/a Cape Town Signwriting / Cape Town Mural Arts (hereinafter referred to as "the studio") to any Customer shall be subject to the terms and conditions contained herein.
Unless otherwise specifically provided by a separate written agreement signed by both parties, these terms and conditions constitute the whole agreement between the Customer and the studio. No variation or alteration of any of these terms and conditions shall be of any force or effect, unless reduced to writing and signed by both the studio and the Customer.
02 — Offer and acceptance
The quotation to which these terms are attached is open for acceptance by the Customer for a period of 14 (fourteen) days from the date reflected thereon. Signature of both the quotation and these terms by the Customer will constitute an irrevocable acceptance by the Customer of the studio's attached quotation and these terms and conditions.
The attached quotation includes only the supply of the goods, materials and services specifically specified therein. The Customer must provide accurate specifications and information required for the work to be done. Any additional goods delivered or services provided, or any changes to the initial brief, shall be in addition to the quoted price. Should the scope of the quotation be exceeded at the specific instance and request of the Customer, the studio reserves the right to charge for any and all additional costs.
03 — Consumer Protection Act, 68 of 2008
The Customer hereby expressly warrants that the Consumer Protection Act does not apply hereto by virtue of the Customer being a juristic person with its net asset value and/or annual turnover exceeding the sum of R2,000,000.00 (two million Rand).
04 — Payment terms
The payment amount due will be per the quotation attached hereto. Upon acceptance of the quotation by the Customer, an invoice will be provided reflecting the total amount due for the work and services to be provided.
A non-refundable deposit of 70% of the invoice amount will be required in advance of any works being commenced, and the balance of the invoice amount will be due by no later than three (3) business days after completion of the work.
Payment shall only be deemed to have been effected upon the studio's receipt of a remittance advice or proof of payment of the relevant amount into the studio's bank account. Payment shall be made without deduction or set-off and free of bank exchange.
Any increases in taxes, duties, customs or other charges imposed by a Government Authority after the date of the Customer's acceptance of the studio's quotation shall be for the Customer's account. Any changes in the quoted amount due to variations in the exchange rate shall also be for the Customer's account.
Any late payments will attract interest at a rate of 10% per month.
05 — Delivery
All delivery and completion times are provided in good faith and every endeavour will be made to effect completion of the work within the period or periods specified in the attached quotation.
The Customer accepts that such dates or time periods are business estimates only and do not constitute fixed contractual obligations. The studio and/or its employees will accordingly not be liable for any loss or damages of whatsoever nature arising (including consequential loss or loss of profit) which may be occasioned by reason of a delay in the delivery of goods or services. The Customer shall not be entitled to cancel or vary the services, or withhold or reduce payment, by reason of late completion of the work.
06 — Risk and ownership
Any work (whether partially or fully completed) provided to the Customer constitutes the intellectual property of David Brits t/a Cape Town Signwriting / Cape Town Mural Arts and ownership thereof shall not pass to the Customer until the work has been paid for in full. The full risk of damage to any work provided shall pass to the Customer on completion thereof.
The studio shall, entirely at its sole discretion, be entitled to remove from the Customer's premises, or from any premises at which the works are located, any works and artwork which have not been paid for and in respect of which payment is overdue.
The Customer warrants that any designs, artwork or logos provided to the studio do not infringe any third-party rights.
07 — Limitation of liability
The Customer is responsible for obtaining any and all necessary permits, authorisations and/or formal approvals that may be required for the work.
The studio guarantees the quality of workmanship and materials used for a period of 6 months from the completion date, subject to proper maintenance by the Customer. This guarantee does not cover damage caused by weather conditions, vandalism, misuse, or normal wear and tear.
The Customer must notify the studio of any defects within five (5) days of completion, failing which the work will be deemed satisfactory.
The studio and/or its representatives and/or employees shall not be liable for any direct, indirect or consequential losses suffered by the Customer howsoever arising. The Customer hereby indemnifies and holds the studio harmless against any claims that may be brought in consequence of such services or artwork being defective in any manner and causing any damage whatsoever, whether through accident, negligence or any other cause.
The studio shall not be liable for any loss or damage of any nature whatsoever arising as a result of any services or works not conforming to any specification or instructions provided, or as a result of incorrect or late delivery for any reason whatsoever.
08 — Breach
Should any amount payable by the Customer not be paid on due date, or should the Customer otherwise breach or fail to comply with any term or condition contained herein, or should the Customer be liquidated, sequestrated or placed under business rescue (either provisionally or finally), then the studio shall, without prejudice to any claims accrued to it and to any other rights or remedies it may have in terms of the law, be entitled at its sole discretion to:
Immediately suspend performance or delivery of the studio's obligations and services until such breach is rectified and/or all such monies have been paid; and/or recover possession of and remove any work in respect of which ownership has not yet passed to the Customer; and/or immediately terminate this agreement.
The studio shall be entitled, but not obliged, to institute any proceedings against the Customer in any Magistrates' Court having jurisdiction over the Customer, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates' Court. The Customer shall be liable for all of the studio's legal costs on the scale as between attorney and own client, including collection commission and tracing costs.
09 — Applicable law
This agreement shall be governed in accordance with the laws of the Republic of South Africa.
10 — Force majeure
Should the studio be delayed or prevented from making a delivery or providing a service or completing any work owing to a force majeure, Act of God or any cause whatsoever beyond the studio's control, the studio shall not be responsible or liable for any loss or damages resultant therefrom and the Customer will not be entitled to terminate this agreement.
11 — Contact
David Brits t/a Cape Town Signwriting / Cape Town Mural Arts
196 Victoria Road, Woodstock, Cape Town, 7925
info@murals.co.za · +27 60 673 3574
