Terms and Conditions

 

These are the Terms and Conditions of Optima Kitchens CC (hereinafter referred to as “Optima”) for all professional design services rendered and / or products manufactured, delivered and installed (“the Creation”) for you, our client.

 

1.                  All quotations are compiled based upon the information and specifications provided by yourself (or your professional consultants) and Optima reserves the right to revise and amend any quotations and the subsequent invoice should there be a material change in the information or specifications provided by yourself or your consultants.

 

2.                  A contract for services and / or products will be created upon acceptance of your signed Quotation by Optima, which contract has to be signed and returned before any work can be undertaken. Any addition to the original scope of work as referred to in [paragraph 1 will form the subject matter of a new contract and therefore will be governed by its’ own terms and conditions as well as timelines.

 

3.                  Notwithstanding the terms of an accepted quotation, should the information, specification or any other relevant factors leading to a quotation be materially altered at any time, Optima may include the costs and fees related to such alteration in its interim and final invoices.

 

4.                  Unless expressly agreed otherwise all invoices are due and payable upon presentation and, in the absence of proof of presentation, are deemed to have been presented five (5) days after date of invoice.  Invoices are deemed to be accepted as correct unless you notify us to the contrary within five (5) days of presentation thereof.

 

5.                  Any charges for material alterations to information or specification upon which a quotation is given, yet omitted from an accepted quotation, will be raised upon Optima’s standard and usual rate for such works and will be deemed to be fair and reasonable unless objection thereto is raised in writing within ten (10) days of presentation of the applicable invoice.

 

6.                  All Quotations and Invoices are rendered with Errors and Omissions Excepted (E. & O.E.).

 

7.                  Optima reserves all right, title and interest in and to their proposed design and layout of your envisaged installation (“the Design”) and similarly reserves all copyright in the Design and any other rights attaching to the production, commissioning and completion of the Design.  The subsequent manufacture and installation of a Design, to your specifications, shall not give you the right to duplicate, replicate or in any way copy the Design or any part thereof.

 

8.                  All products manufactured, delivered and installed shall remain, in totality, the sole property of Optima and ownership thereof shall only pass to you upon our invoices and account being settled in full.  We reserve the right to remove any products installed at your instance, which are not paid for in full within ten (10) days of installation and / or practical completion of the Design, as the case may be, and you hereby indemnify and hold Optima harmless against any and all damage caused by the removal of an installation or Design.

 

    9.1   In the event that invoices are not paid on due date, Optima reserves the right to claim mora interest on the amounts outstanding on such invoices in terms of the Prescribed Rate of Interest Act (as amended), currently being 15.5% per annum. In addition the Client breaching any of its obligations and/or failing to timeously make payment of any amount to the Company, the Client agrees to pay, and shall be liable to pay, all legal costs incurred by the Company on the attorney/own client scale including collection charges and tracing agent's fees.

 

 

    9.2   Regardless of the place of execution or performance under this contract or domicile of the Client, this agreement and all modifications and amendments hereof, shall be governed by and decided upon and construed under and in accordance with the laws of the Republic of South Africa.

 

     9.3 The Company shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought by it exceeds the jurisdiction of the Magistrates Court, be entitled to institute action out of such court.

 

 

10.  No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a member of the Closed Corporation. No agreement, whether consensual or unilateral or bilateral, purporting to obligate the Closed Corporation to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a member of the Closed Corporation.

 

11.  Please note that the document entitled “What to expect when …” is read to be specifically incorporated in this document and in the event of any discrepancy between the two documents the provisions of the standard terms and conditions will take precedence.

 

 

 

 

12.These Terms and Conditions are subject to change from time to time and we request that you keep yourself appraised of the content hereof and any amendments hereto.

 

Last updated [12/8/2010]”