Project Terms and Conditions

The following terms and conditions cover all projects undertaken by Dam Sealers and apply equally to any quote, scope of work or any invoices provided by Dam Sealers

Dam Sealers Pty(Ltd) Reg No: 2011/123003/07 is a registered company and will be referred to as “Dam Sealers” throughout these terms and conditions.

The Client is the individual, partnership, company, trust, or other as indicated on the quote or invoice.

These terms and conditions are issued pursuant to meetings and discussions between The Client and Dam Sealers with direct reference to the conditions on our quote, invoice, or scope of work provided to The Client.

 

Deposits and Cancellation Fee

By paying the deposit to Dam Sealers, The Client acknowledges and agrees with these terms and conditions.

Should The Client pay a deposit and not proceed with the project for any reason, a cancellation fee of 35% of the deposit shall be deducted from the refund and this cancellation fee will be applied to re-couping the expenses of Dam Sealers with regards to:

  • site visits
  • quote preparations
  • artist renderings
  • project planning
  • project design
  • project pre-preparation
  • lost time and profits.

 

Period of  Performance

The project shall commence on the date agreed as indicated in the quote, scope of work, or invoice and shall continue through to completion of the project.

The Client understands that the expected completion date/period may be subject to delays beyond our control caused by unforeseen obstacles, weather, and stock availability.

 

Scope of Work

Dam Sealers shall provide the services as detailed in the quote, scope of work, or invoices as provided to The Client, subject to any conditions therein, and these terms and conditions.

 

Dam Sealers Responsibilities

Unless otherwise agreed to and reduced to writing,  Dam Sealers:

  • is responsible for providing the materials, labour, equipment, tools, and services necessary to complete the project.
  • hires specialized professionals and experienced workers to perform all or portions of the scope of work to ensure the successful completion of the project
  • is responsible for the quality of all work performed, the conduct of its employees, and for the safety of all its employees on site.
  • is responsible for measuring the final area sealed (prior to dams, ponds, or streams being filled) and providing The Client with a finalised tax invoice.

 

The Clients Responsibilities

Unless otherwise agreed to and reduced to writing,  The Client:

  • is to make all payments according to the payment schedule below.
  • is responsible for any unforeseen expenses as defined below
  • is to provide access to the property:
    07:30 to 18:00 Mon to Friday
    07:30 to 14:00 Saturday (if necessary)
  • is to provide free continuous water supply to the site extremes for construction
  • is responsible for providing free suitable accommodation for staff members
  • is responsible for providing free suitable accommodation for management
  • is responsible for providing free use of machinery/equipment as discussed and reflected in the quote
  • is responsible for providing free use of labourers as discussed and reflected in the quote
  • is responsible for all refuse and rubble removal.
  • is to arrange for all electrical work where applicable
  • is to provide safe storage for our equipment and machinery on site.
  • is to take all reasonable precautions to keep all persons, including its employees, agents, and guests, away from Dam Sealers equipment while the equipment is stored, and at a safe distance from the equipment while it is in operation.

 

Payment Schedule

Terms of payment: – all invoices are payable upon receipt by The Client.

Amounts payable by The Client under these terms and conditions must be paid in full without deduction, retention, or set-off of any kind or for any reason.

The Client shall make:

  • payment for all materials and the delivery of all materials to the site upfront, prior to the orders being placed. (allow 2-3 weeks from payment for delivery)
  • payment of 65% of the installation/application cost 14 days prior to work commencing on site.
  • payment of the balance due on completion of the project.

The Client understands that should the project be delayed, further draws against the outstanding balance will be made on the last Friday of every month that we are on-site.

 

Unforeseen Expenses

Any variation to the quote or, the scope of work, including any variation as a result of additional work required, additional work required due to hidden, unidentifiable and/or unforeseen difficulties such as:

  • concealed, hard rock barriers below the surface,
  • concrete slabs,
  • unsuitable sub-stratum conditions,
  • inclement weather conditions,
  • latent defects, etc

that will require additional time and resources (material, sodium bentonite, transport, water, labour, machinery, etc). will be for The Clients expense.

These variations will be made in writing and in accordance with the project change control procedure below.

Payment for all variations must be made in accordance with the standard terms of payment as set out in these terms and conditions.

Depending on the nature of the unforeseen expenses, Dam Sealers may, in its sole discretion, terminate the project and/or provide an amended price for the project to The Client prior to the project commencing or continuing.

 

Project Change Control Procedure

The following process will be followed if a change to the quote or scope of work is required:

  • A Project Change Request (PCR) will be the vehicle for communicating change.
  • The PCR must describe the change, the rationale for the change, and the effect the change will have on the project.
  • Dam Sealers and The Client will discuss the proposed (PCR) and the effect it will have on the quote or scope of work, the project cost schedule, and the rest of the terms and conditions.
  • If in agreeance, a written (PCR) must be signed by both parties, and Dam Sealers will either invoice or credit The Client for the changes.

 

Completion Criteria

Dam Sealers shall have fulfilled its obligations to the project when any one of the following first occurs:

  • Dam Sealers accomplishes the scope of work and The Client accepts such completion without unreasonable objections.
  • No response from The Client within 5-business days of completion is deemed acceptance.

 

Warranties

 

Sealing of existing Dams:

Dam Sealers provides a 12-month workmanship warranty that the sodium bentonite or other materials will be installed/applied according to the industries’ standard norms and best practices.

  • In the event that there is a problem with the sealing of a dam, pond or stream that is directly related to the installation/application of the sodium bentonite or other material used, Dam Sealers will repair such defects at its own expenses under the same terms and conditions as the original project.
  • Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from natural causes, animals, fish, birds, crabs, frogs, reptiles, etc. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
  • Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from a lack of maintenance. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.

 

Building and Sealing of New  Earth Dams

  • In the event that there is any failure in any dam, pond, or stream constructed by Dam Sealers within a period of 3 years, Dam Sealers will repair such defects at its own expenses under the same terms and conditions as the original project.
  • Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from natural causes, animals, fish, birds, crabs, frogs, reptiles, etc. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.
  • Dam Sealers will not be responsible for any failure to any dam, pond, or stream resulting from a lack of maintenance. In this scenario, Dam Sealers will provide The Client with a quote to repair the damage caused and such repairs will be done under the same terms and conditions as the original project.

Please note that any work that is done by other contractors on any dam, pond, or stream completed by Dam Sealers voids all warranties and guarantees offered by Dam Sealers.

 

Liability of Dam Sealers

The Client including its employees, agents, and guests are to comply with all safety requests of Dam Sealers, and shall not at any time, and will ensure that any person having access to the site does not, operate, occupy or attempt to operate or occupy or use any of the equipment provided by Dam Sealers.

Dam Sealers does not accept liability for any personal injury, death, direct loss, indirect loss, consequential loss, or damage, however, caused which The Client may directly or indirectly suffer in connection with the engagement of Dam Sealers undertaking the agreed Project.

Dam Sealers will not be liable for any loss or damage whatsoever suffered by The Client as a result of any act, omission, or statement made by Dam Sealers, its employees, contractors, or agents.

 

Risk

The Client accepts full responsibility for the safekeeping of our equipment and indemnifies Dam Sealers for all loss, theft, or damage to the equipment howsoever caused and without limiting the generality of the foregoing, whether or not such loss, theft, or damage is attributable to any negligence, failure or omission of The Client.

The Client accepts full responsibility for and shall keep Dam Sealers indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons or damage to property arising out of the use of the equipment at The Clients direction during the project period.

The Client agrees and acknowledges that it shall be solely responsible to remove from the site any materials, equipment, or other items that it wishes to retain for its own purposes, or that it wishes to ensure are not damaged during the course of the project, prior to the project commencing.

 

Project Suspension

Dam Sealers in its sole discretion may suspend performance of the Project at any time if in its reasonable opinion the conditions at the site are such that it would be unsafe for any person or detrimental to operate any equipment.

In the event of suspension Dam Sealers may, in its sole discretion, and without incurring any liability to The Client, cease the project or suspend supply of products and services to The Client or amend the scope of work and these terms and conditions.

Dam Sealers may in its sole discretion and without incurring any liability to The Client, cease or suspend supply of products and services to The Client or amend these terms and conditions if an event of default occurs between The Client and any governmental authority.

Dam Sealers may, without prejudice to Dam Sealers’ other rights, call up monies owed to Dam Sealers by The Client, retain all monies paid, or cease further services or deliveries and recover from The Client all loss of profits and other costs arising from the default and/or take immediate possession of any products and services for which payment remains outstanding.

 

Effect of Other Terms

These terms and conditions are available on request or on the Dam Sealers website at www.damsealers.co.za and are in no way affected or amended by any other express or implied terms unless reduced to writing in the scope of work or pro forma invoice.

No terms of The Client apply to any agreement between The Client and Dam Sealers.

 

Indemnities

The Client will indemnify Dam Sealers in relation to any direct or indirect loss, liability, or damage suffered by Dam Sealers or any other person as a result of The Client’s negligence or breach of these terms and conditions.

 

Force Majeure

Dam Sealers shall not be obliged to complete or continue with the Project where and to the extent that such performance is prevented or interrupted or delayed by reason of any requirement of any governmental authority or any war, public disorder, civil commotion or disturbance, acts of enemies, strike, lockout, fire, act of terror, act of God, accident or any other cause beyond the control of Dam Sealers (“Force Majeure Event”).

Where Dam Sealers fails or is delayed in the performance of the Project by a Force Majeure Event, The Client shall have no cause of action against Dam Sealers for a breach of any term or otherwise. If Dam Sealers is unable to complete the project as a consequence of a Force Majeure Event, Dam Sealers may terminate the Project.

 

 

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