Phone: 0115240805 / 0783 Fax: 0862391063 web address: www.wendyfactory.co.za Peanut Power Trading t/a Wendy Factory Vat Number: 4090258387 CK#: 2010/173387/23 Business Address: 8 Fountain Road, Eastleigh, Edenvale, 1609 DEFINITIONS 1.1 “WF” means Wendy Factory, whose principal place of business is at 8 Fountain rd, Eastleigh, Edenvale, Johannesburg. 1.2 “Client” means the person, firm or company placing an order with WF. 1.3 “Goods” means any goods and/or services provided by WF as ordered by the Client. 2. APPLICATION These terms and conditions apply to any provision of services or materials by WF to the client. 3. FORMATION OF CONTRACT A contract shall come into being or be concluded, immediately upon the client having signed that they have read and accepted WF’s Terms and Conditions as herein provided for and the client has paid the quoted amount or agreed deposit and provided proof of payment via email or fax. 4. QUOTATIONS 4.1 Prices are subject to change without prior notice. Quotes are valid for 5 working days, from date of invoice or otherwise specified, and E & OE applicable to all quotes, see quote 4.1.2 No refunds on specials and you can’t upgrade to a special once paid. 4.2 Times quoted for manufacture, delivery, repair or replacements are to be treated as estimates only. 4.3 WF, while making every effort to meet such estimates, shall not be liable for any loss or damage whatsoever, whether direct or consequential, arising from failure to manufacture, deliver, repair or replace any goods within such time. 4.3.1 Windows are a bought out item and manually made. The windows are not perfect and clients need to be advise that should they prefer perfect windows these can be upgraded before the cabin is built to the aluminium windows 4.4 All prices exclude VAT. 5. ORDERS An Order will be deemed to have been placed when an e-mail confirmation (proof of payment) has been received from a Client and/or responsible executive of the client company. Refer to clause 3 above regarding the conclusion of the contract. 6. RIGHT TO SUBCONTRACT Unless otherwise agreed, WF shall be entitled to sub-contract all or any part of the work. 7. TIMETABLE WF will use its best endeavours to supply the services or materials within the quoted time (normally within a maximum of seven (7) working days from order or otherwise as agreed), but time will not be of the essence. 8. RISK OF LOSS 8.1 The risk of loss or damage to the goods shall pass to the client upon delivery of the goods. If the Purchaser or any of their friend or family slanders WF Good name in anyway (hellopeter, Facebook, twitter or any social media) their warranty will be void with immediate effect, and any loss of income due to the slandering of our name, WF will recover legal cost as well as loss of income form the person responsible. 8.2 In the case of loss, destruction or damage, to the client’s movable- or immovable property, the client cannot hold WF responsible and liability will rest with the client. 8.3 Faulty Plumbing installs is not covered by WF, water damage arising from faulty plumbing is not covered, and wear and tear is not covered, only workmanship is covered. 8.4 Water damage arising from roof leaking is not covered. 9. PAYMENTS 9.1 Any change to your WF product’s specifications after payment has been received, will carry a minimum surcharge of not less than R1 000,00 (ONE THOUSAND RAND) and as determined from time to time by the Company for any alterations and is non-refundable. 9.2 Until such time as the surcharge is paid, no further construction will proceed. 9.3 Should payment be made by cheque, WF will only commence manufacture of the product once the cheque has been cleared. Special clearance charges are for the client’s account. 9.4 Deposits paid to hold a special price is nonrefundable. 10. CANCELLATION 10.1 Refunds shall only be made if the client strictly complies with the provisions of the Consumer Protection Act (“CPA”) and no work commenced. 10.2 Written notice by the client shall be forwarded to WF within 5 days from date of payment to WF. 10.3 WF shall be entitled to charge a minimum of 10% administration fee, of the full amount quoted, for costs incurred, to the client before refunding the monies paid, if no work has commenced. 10.4 WF reserves the right to refund a deposit paid, before the delivery date for whatever reason. 11. DELIVERY 11.1 Customer need to ensure electricity is available for installations or request a quote for a generator. Any delays, if booked in and confirmed via email or phone with customer, and there is a delay, none payment on arrival (we will wait a maximum 15min for payment) bank approved proof of payment must be emailed to us before commencement of any work, not to onsite staff, if there is access problems and we are prohibited or unable to complete the work due to problems on the customers side, we will charge penalties per day calculated as follows, 11.1 A For a 3m x 3m without any extras we charge a min of R1200 Penalty max 3 hours work, 3m x 3m with a veranda a min of R1500 Max 4 hours work, 3m x 4m and bigger we charge a min of R2400 Penalty max 6 hours work, 3m x 4m with a veranda a min of R3000 Max 8 hours work, Thereafter RFQ for larger cabins and any extra’s for example ceiling Phone: 0115240805 / 0783 Fax: 0862391063 web address: www.wendyfactory.co.za Peanut Power Trading t/a Wendy Factory Vat Number: 4090258387 CK#: 2010/173387/23 Business Address: 8 Fountain Road, Eastleigh, Edenvale, 1609 or drywalling work and R25 per kilometre calculated to site and back to our factory. 11.1.2 If the distance or address is incorrect due to an error on the client’s side, for whatever reason, when WF quoted the client, WF has the right to refuse delivery till the correct amount is paid into its bank account and WF shall re- schedule the client’s delivery to the WF’s earliest convenient time, as WF work on a strict deadline. It is the client’s responsibility to ensure that the delivery address is correct at quotation stage, before making payment. If it isn’t correct WF will recalculate and the client will be liable to pay the additional costs. 11.2 Should it become necessary for WF to store client’s product on its premises, due to non-delivery, WF shall be entitled to charge client a storage fee of a minimum of R1 500,00 per month or as determined by the Company from time to time. The justification for such charge is that the Company policy states that it only builds to order and does not maintain stock of either materials or products. 11.3 All deliveries are subject to weather conditions. 11.4 Deliveries envisage the installation crew only having to carry panels, materials and modules a maximum of 30m to erect the finished product. Accordingly, any distances more than 30m (thirty) must be communicated to the Company for the purposes of correctly quoting on the work which may entail the provision of extra crew members to complete the installation. 11.5.1 No more than 3 (three) bricks will be used when levelling the floor this is the maximum height for the levelling of the floor. Wooden wedges are used to fill the gap between brick and floor if required, Should the area be un-level or on sand (when it rains turns into mud) the client needs to request a quote for stilts or ensure that the area is level, before the delivery date. The purchaser must ensure the site is level and has adequate space for the unit purchased, we do not do site visits beforehand. 11.5.2 Should the client lay a concrete slab, the slab will need to be level and the that same size as that of the cabin and also need to be pre-arranged with the sales consultant 11.5.3 Stilts will only be planted in soft ground, except if otherwise stated on the quote. If stilts cannot be completed due to the fact that the ground is hard or rocky and cannot be completed in one day, the second delivery will be billed to the purchaser at R1250 minimum, WF will only continue with the job once the second delivery fee is paid. If the stilts are the incorrect length as quoted and we get there, and the customer needs longer stilts the difference will then be billed to the purchaser, and the difference will have to be paid before we will commence with the job including a second delivery job. 11.6 Similarly, access difficulties (where panels cannot fit) must be fully canvassed with the Company at the time of contracting and before manufacturing to avoid delay, surcharges and the like. 11.7 Should the client fail on any of these points, WF will store the wendy house and the client will need to pay a delivery fee which will include labour to erect as well as transport or WF will deliver(offload) the panels and the client will need to erect the wendy himself/herself. 11.8 When a delivery needs to take place in a security complex or any type of enclosed area where WF would require proper identification, the client needs to inform WF of this, in writing, so that WF can ensure that all staff members take their identification documents day of delivery, to ensure there are no delays. Should the client omit this information, WF will return to our premises and store the wendy house and the client will need to pay a delivery fee which will include labour to erect the wendy house as well as transport or WF will deliver(offload) the panels and the client will need to erect the wendy himself/herself. 1st delivery is free, thereafter you will be charged. 11.9 The client needs to make himself / herself available on the day of delivery to ensure that the wendy house is installed in the correct area and to complete the inspection sheet. 11.10 The Client needs to allow WF’s installation staff to complete the wendy house before doing their inspection. Should the client have any complaints, they need to liaise with the applicable sales consultant that will inform the applicable team leader. 11.11 It’s the client’s responsibility to draw up plans and submit at the municipality for approval, and for the enrolment fee at NHBRC. 12. WARRANTY We charge a minimum R15 per kilometre, subject to petrol price increases windows w for all warranty claims, minimum R350, if any defects are not picked up while we are delivering the product and you signed the delivery check sheet. You the customer will have to pay the travel cost as highlighted above, It’s the customers responsibility to ensure he/she inspects the Product and highlight any issues while we are still on site. You the customer will have to pay for the transport to do any work on your wendy. It’s the customers responsibility to ensure he/she inspects the Product and highlight any issues while we are still on site as outlined in the delivery Phone: 0115240805 / 0783 Fax: 0862391063 web address: www.wendyfactory.co.za Peanut Power Trading t/a Wendy Factory Vat Number: 4090258387 CK#: 2010/173387/23 Business Address: 8 Fountain Road, Eastleigh, Edenvale, 1609 confirmation emailed to you, the customer before delivery. There is a 10 (ten) year warranty on workmanship, and a 10 year on Log cabin houses larger that 40m2, it does not include transport cost or etoll,++on all Wendy houses. 12.1 To activate your warranty you will need to complete and sign and fax or scan and email the warranty activation form back, with -in the first week after delivery is completed, in failing to do this your warranty will be void, and if you are in breach of any terms and conditions on the warranty activation form your warranty will be void, please contact us beforehand if you want to familiarize yourself with this form, before delivery takes place. The onus rests upon the customer to ensure he receives and completes the form within the stipulated time frame. 12.2 The product must be treated with weather sealant within 2 (two) weeks after installation and every 6 (six) months thereafter. Proof in the form of receipts or tax invoices for the materials purchased to weather guard the product must be kept and produced when warranty claims are made. The coverage stipulated per 5L WAXOL is 25m2 on average, make sure your quantity purchased, covers the outer walls, veranda, balustrades, if it does not then we will not honour any warranty claims you might have. The Date on the receipts or tax invoices for material purchased must correspond with the date the Wendy house was purchased, and the time frame stipulated in clause 12.2 12.2.1 If any material is purchased from our delivery teams without an invoice, or any work is done that is not on the client’s invoice this is fraud and legal action will be taken, and your warranty will be void with immediate effect. 12.3 Doors and windows are to be treated inside and outside. Swelling of doors and windows are not covered by our warranty and the onus of non-functioning of doors and windows, are that of the client, who shall be responsible for ensuring that same are in a fit and proper working order upon delivery and before the installation team leave site. 12.4 DIY kits and self-installed products are not under warranty and are sold as is (voetstoots). You the purchaser need to ensure you receive all the parts to assemble the unit when collected or delivered. you need to notify us with in 7day from collecting/ or delivering your DIY of any defects or parts that are short delivered. WF take no responsibility in the storage of your unit on your site, if you have to self-install due to the fact that we could not install the cabin/Wendy house for you on your specified delivery date. You the purchaser need to ensure you have all parts to assemble and store it in a dry and secure area. 12.5 Painted doll houses only have a 24 (twenty four) month warranty for workmanship and not due to wear and tear and must be treated either 12.5.1 with a weather guard product as prescribed by WF and if the wendy house was treated with Waxoil then as described in clause 12.1 above; or 12.5.2 painted with product that can be bought from WF 12.6 There is no warranty on an untreated product. 12.6.1 Do not treat the inside of the cabin with Waxol, waxol is for external panels only and may cause warping if used inside. 12.7 The floor of all wendy houses, guard huts, toolsheds, Log cabins, Doll houses, Bar huts, Staff quarters, log cabin house, are not covered under warranty for wear and tear and must be inspected in the 1st month for and workmanship defects, thereafter this will be seen as wear and tear and WF will not be liable for and loss or injuries whatsoever. 12.8 Dog kennels have no warranties and are sold as is (voetstoots). 12.9 No warranty shall apply in respect of any other product if the client: 12.10.1 Fails, refuses or neglects to provide access during normal working hours to company staff to erect the product; 12.10.2 evicts or removes company staff during normal working hours to prevent completion of the installation; then the client will have no warranty. 12.11.1a Products sold and delivered more than 150 km from WF’s factory premises are not covered by a warranty and are sold as is or voetstoots and must be inspected by the client upon delivery for any defects and repaired on the same day and WF will not be liable for any loss or injuries whatsoever, using the unit at own risk. 12.11.1b If any of WF products are delivered and defects are not noted on the First Inspection. It must be reported to WF in writing within the first two weeks after delivery. We will book a team into our schedule to rectify all defects, on an agreed date. The Customer must be present to indicate to the WF Team all concerns. The customer needs to inspect and sign off on the "Repair" Delivery Note day of repairs. The Customer needs to identify all defects during repairs. If there are any additional concerns after repairs, it needs to be noted on the Delivery Note. Failing to sign off or inspect the wendy house, dollhouse, tool shed, guard hut, Log cabin house or any other product bought from Phone: 0115240805 / 0783 Fax: 0862391063 web address: www.wendyfactory.co.za Peanut Power Trading t/a Wendy Factory Vat Number: 4090258387 CK#: 2010/173387/23 Business Address: 8 Fountain Road, Eastleigh, Edenvale, 1609 WF, it will be seen as - the job is closed. Should the customer have any concerns which was not identified and noted when the repairs took place, the customer will be liable for additional fees that WF deem necessary to cover the costs for transport material and labour. 12.11.2 The Warranty cannot be transferred, moved to or applied to any person but the purchaser (The person who bought the Wendy house from WF) 12.12 Should WF have to come back, the client will be invoiced for: 12.12.1 travelling costs at prevailing AA rates per kilometre each way; and 12.12.2 Necessary Company disbursements, such as accommodation, food and the like for the company’s workers if needed, food and accommodation for the workers as well as labour costs. 12.13 If the wendy house is built on more than the 3 bricks as prescribed by WF, the client will not have a warranty and WF cannot be held responsible should the wendy house move off of the bricks. 12.14 If the wendy house is built in a muddy or clay ground area the client will not have a warranty as there is a possibility of the house moving, sinking or damaging, whether the house was built on bricks or stilts take no responsibility for site selection it is the customers sole decision and the customer must insure the site is correct for stilts or brick. 12.15 When we deliver and construct multiple unit’s at the same premises of the same product, WF cannot at any time warrant that all the unit will look exactly the same as wood is a natural product and no plank is exactly the same and also working with the human factor makes this difficult, therefore WF cannot be held responsible for variations of the same product as not one Wendy house cabins is exactly the same even if it’s exactly the same product. 12.16 A Wendy house with a zink roof is a substandard product compared to a brick house with a tile roof and is designed for light rain and will not endure, hard rain, and therefore we cannot guarantee that it will not have roof leaks. You should apply flash harry, with the membrane on each joint (where to zink meets and on the valley and on both sides of the flashing to ensure that the chance of a roof leak is minimized.) this is the responsibility of the purchaser. 12.7 Material used for Ceilings are rhino board, and dry walling we use 6.44mm Rhinoboard boards with finishing planks and our think pink is only installed on the outer walls as standard, in all the cabins, except if noted that it is on all internal panels as per quote. 12.8 All Cabins are assembled and build using with nails. 13. FORCE MAJEURE 13.1 Neither party shall be excused from performing any of its obligations in terms of this agreement unless it is impossible for the party or parties to do so due to force majeure or exceptional circumstances reasonably beyond their control, provided that:- 13.1.1 the period of this agreement shall be extended for the period during which such state of force majeure continues; 13.1.2 the party relying on such force majeure shall – 13.1.2.1 take reasonable steps to bring about the end of state of force majeure; 13.1.2.2 advise the other party in writing as soon as possible of the existence of such state of force majeure, the extent of the circumstances beyond his reasonable control, the nature and expected duration thereof and its conditions; 13.1.2.3 prove, on a balance of probabilities, the existence of the exceptional circumstances and the reasonableness of the efforts to control the situation. 13.2 If the state of force majeure continues for a period of not less than 1 (one) month, either party shall thereupon be entitled to terminate this agreement by notifying the other of its election to do so, and thereupon neither party shall have any claim against the other arising out of this agreement of the termination thereof, save in respect of any rights accrued as at date of termination. 14. VARIATIONS WF shall not implement any variations in the scope of work described in WF’ documentation unless client and WF agree in writing to the details of the variations and any resulting price, schedule or other contractual modifications. This includes any variations necessitated by a change in applicable law occurring after the effective date of any contract, including these terms. 15. ARBITRATION 15.1 Save where otherwise provided, any dispute, question or difference arising at any time between the parties to this agreement out of or in regard to any matters arising out of or rights and duties of any of the parties hereto, or the interpretation of or the termination of or any matter arising out of the termination of or the rectification of this agreement, shall be referred to arbitration by either party, which arbitration shall be conducted in accordance with the prevailing rules of the Arbitration Foundation of Southern Africa or its successor in title as at the date of the cause of action or dispute arising. 15.2 This clause 15 shall constitute each party’s irrevocable consent to the Phone: 0115240805 / 0783 Fax: 0862391063 web address: www.wendyfactory.co.za Peanut Power Trading t/a Wendy Factory Vat Number: 4090258387 CK#: 2010/173387/23 Business Address: 8 Fountain Road, Eastleigh, Edenvale, 1609 arbitration proceedings, and no party shall be entitled to withdraw there from or to claim at such arbitration proceedings that it is not bound by this clause. 15.3 Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings – 15.3.1 shall be final and binding on each of them; 15.3.2 will be carried into effect; and 15.3.3 can be made an Order of Court in the appropriate jurisdiction governing the cause of action. 15.3.4 This clause 15 shall be severable from the remaining provisions of this agreement and shall continue to be of application, notwithstanding the cancellation or purported cancellation of this agreement; 15.3.5 This clause shall not prevent any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction in interdict proceedings or similar relief. 16. CHOSEN ADDRESS. 16.1 For all the purposes of this agreement or with regard to any matter arising out of this agreement or in connection herewith, the parties hereby choose the following addresses as their respective (domiciliumcitandi et executandi) chosen address: 16.1.1 WF: 8 Fountain rd Eastleigh Edenvale Tel: (011) 524-0805 Fax: 086 239 1063 E-mail: sales@wendyfactory.co.za 16.1.2 Client: as per physical address on the Quote/Order. 16.2 Any parties shall be entitled by notice in writing to the other party to change its chosen address as set out above. 16.3 Any notice which may be required to be given to a party to this agreement, shall be sent to such party’s address as set out above, or duly altered from time to time, and shall:- 16.3.1 be delivered by hand, in which event it shall be deemed to have been received on the day of delivery; 16.3.2 be sent by prepaid registered post, in which event it shall be deemed to have been received on the 5th (fifth) business day after posting; or 16.3.3 by email, in which event it shall be deemed to have been received upon the date of the “read receipt”. 17. GENERAL 17.1 The parties undertake to do all such things, perform all such acts and take all such steps as may be necessary, incidental or conducive, as to give effect to the terms and conditions of this agreement; 17.2 This agreement constitutes the sole and conclusive agreement between the parties in respect of the subject matter hereof and no warranties, representations or other terms and conditions of whatever nature not expressly recorded herein shall be of any force or effect. 17.3 No variation of the terms and conditions of this agreement shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised agents. 17.4 No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement; accordingly, it follows that further action by/to that party shall not be precluded as a consequence of having granted such indulgence. 18. ADVERTISING All WF product manufactured or installed, shall be subject to WF’s right to take photographs or videos of their products at the time of installation and to use same for marketing and promotional purposes. Should the client expressly not consent to use such photographs or videos, this must be negotiated and approved in writing at the outset and before the contract is concluded as more fully provided for in clause 3 above.