Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY – BY USING THE SERVICES OF PAINT EXPRESS OR FLOORKING YOU ARE ENTERING INTO A CONTRACT WITH US AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
‘We’, ‘us’ and ‘our’ means Paint Express or FloorKing. ‘You’, ‘the client’, ‘the customer’, ‘your’ means the person who requested our services and enters into this contract.
Should the client breach any of these Terms and Conditions, we reserve the right to cancel any order and/or scheduled work for the client, notwithstanding the right to exercise other legal remedies available to us
SECTION 1 – FIXED RATES AND QUOTATIONS
The agreed final quote represents a written contract for the exact work to be completed at the price quoted.
- Any agreement made verbally is not covered by the contract unless it has been written into said contract.
- The agreement is made between us and the client. The client is identified as the person who requested the quotation.
- We will not enter into any dialogue, accept any requests or communicate in any way with anyone other than the client except where the client has provided written permission that allows them to do so.
- The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
- Please check your quotation carefully.
1.2 Scope of quoted work
The quote written by us for the client represents the requests of the client. It is not a builder’s survey and we will not be held liable for any task that is not included in the written quote.
1.3 Electric and water
The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
1.4 Condition of existing walls, ceilings, floors, cupboards, and furniture
Unless specifically mentioned, no provision is made for repair of walls or floors, plastering beneath papered walls or ceiling surfaces. No repairs will be done to cupboards or furniture that is being sprayed or painted by us unless specifically mentioned. It is assumed that such is in good condition and is suitable to take the treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is included.
In the event of cancellation by the client, the client agrees to notify us in writing or by email 5 working days before the project start date. In the event that we are not notified of the cancellation, the client agrees to pay all of our administration, lost work and scheduling costs amounting to no less than 15% of the total project cost.
If the client elects to cancel our services after we have begun work, the client agrees to pay all of our administration, lost work and scheduling costs amounting to no less than 50% of the total project cost. Postponement of scheduled works rather than cancellation is acceptable only if the rescheduled date is bona fide and within 3 days of the initial date scheduled. Should further postponement occur, the client will be deemed to have cancelled our services and the cancellation levy will apply as above.
All necessary materials can and will be provided by us unless otherwise agreed and will always be of high quality and used in an appropriate manner as per the manufacturer’s guidelines.
The client is solely responsible for paint or varnish colour selection. We will perform the work using paint/varnish colours directed by the client in writing. Such written direction may be provided to us directly or by a designer or colour consultant retained by the client, provided that the direction in all cases has been signed by the client. The client acknowledge that the final colour may differ from colour swabs, electronic images or other samples owing to natural factors which contribute to colour variations such as light and the age of the surface painted. It is the client’s responsibility to test and verify the colour selections using sample pots before we commence the work.
1.7 Changes to the client’s quote
Any quote or estimate is subject to revision, if the client makes changes to their property or building after receiving a quote from us, the client must let us know of all changes made as soon as possible, so that the clients quote can be revised. Any changes made without notifying us, may cause a delay in the work until a price has been agreed for any changes.
Upon reasonable request of the client, we may agree to changes, additions, or alterations in the work specified in the quotation, but we shall not be required to do such work until the parties have fully agreed in writing and the client has agreed to pay us for the changes in the work. It is further agreed that all our employees are to be paid by and supervised by us and the client acknowledges and agrees not to arrange any “side arrangements” or separate contracts with any of the employees or vendors performing work pursuant to this Agreement, without prior written approval from us.
1.8 Completion timescales
Estimated completion times are guidelines and although we will endeavour to complete the work in the time frame intimated, we will not be held liable for failure to complete the scheduled work within the estimated time frame.
1.9 Force Majeure
We cannot be held liable for delays if these are outside of our control. Delays may include the following situations
- Actions taken by the owner or their agents
- Unavailability of materials or workers
- Unexpected adverse weather conditions
- Transportation Delays
- Civil Unrest
- Unforeseen Casualties
1.10 Storage of tools
We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests.
1.11 Validity period of quotations
Quotes are valid for 15 days from the date of issue.
1.12 Damages and substandard workmanship
It is the responsibility of the client:
- To remove valuable and/or fragile items from the areas where work will be carried out.
- To remove pictures and other items hanging from the wall.
- To remove electrical goods from the areas where work will be carried out.
- Furniture left with us for work to be done, is at the owner’s own risk. We will not be held liable for the breakage of any attachments to these items.
- It is the client’s responsibility to remove any mirrors or doorknobs from these items
Assistance can be provided with the repositioning and/or removal of bulky furniture items and goods. We reserve the right to decline to move goods if the condition is at risk of damage to the equipment or the property. We reserve the right to decline to move particularly heavy or bulky items if they present a higher than accepted health and safety risk. Where items cannot be covered or protected, but could easily have been removed, We will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed.
Where any doubt exists as to the suitability and or structural soundness of any working platform such as balcony, flat roof etc. the client may be asked to provide professional evidence such as structural engineers report prior to work commencing.
In the event of breakage or damage to the property, we will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us immediately. The clients must allow us to affect a remedy using our own tradespersons and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify us, in writing within 24 hours of an alleged breakage or damage caused by our employees.
1.13 Additional work
We are in most cases happy to do small “favours” for our clients over and above our quotations however this is expressly done at the clients own risk and we will not accept any responsibility for any work undertaken that is not in your written quote, including loss or damage to persons or property.
We will take every possible precaution to ensure that all vulnerable areas and any objects left in the work area are carefully and thoroughly covered and/or masked. However, there will always remain a very small risk of overspill or dust getting past these precautions. In the rare event of overspill, dust or other cosmetic damage, we will endeavour to ensure that it is satisfactorily cleaned.
1.15 Pre-existing damage
We may take photographs of your property or complete a pre-existing damage form prior to the start of the project.
1.16 Payment of quoted and fixed price work
The client agrees to pay the invoice for completed work within 5 days after completion of the project. In the event that the client is unhappy with the standard of workmanship, the correct complaints procedure as show in these terms and conditions must be followed. All materials purchased for, or on behalf of the client, remain the property of us, until payment of the final invoice by the client to us. In the event of dispute, the client agrees to allow access to the property to a representative of ours to retrieve all materials that remain our property. We are happy to provide invoices for businesses and individuals. However, payment is due within the timescales as stated in the Terms and Conditions and the amount, unless amended by us, is fixed in the quotation. Therefore, the client is liable for payment, regardless of whether an invoice has been received.
1.17 Completion of the project
If we deem it necessary, the client must be available on the last day of the project for consultation and final sign-off for the project. In the event that the client is unavailable, unless otherwise agreed in writing, the client accepts that the project has been completed to their satisfaction and payment in full is due.
1.18 Termination of the contract by us
We will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or ageism directed towards any of its staff or tradespersons and reserves the right to terminate the project at any time in this event.
SECTION 2 – PAYMENT
2.1 Payment methods
We accept Electronic Funds Transfers for settlement of your account.
2.2 Payments to tradespersons
Our staff are not permitted to accept payment – payment of deposit or completed work, must be payed to us directly otherwise the clients account will remain outstanding until such time as we receives payment directly.
If the client pays any member of staff for either a deposit or completion of work, the client will be in breach of the terms and conditions.
2.3 Payment time scales
The client agrees to pay the invoice a maximum of 5 Days after submission of the project invoice. We reserves the right to re-issue the invoice and request payment within 5 days of re-issue. Should the outstanding balance not be settled within 5 days, we reserve the right to apply an administration charge of R150.00 for each re-issue of invoices thereafter.
2.4 Unpaid accounts
In the event that we cannot recover any outstanding amounts after a reasonable amount of time, we will employ the services of a debt collection agency. The client accepts that the debt collection agency will increase the outstanding amount to cover their costs – this fee is applied as soon as the debt is passed from us to them. It is therefore strongly in the clients’ interests to settle invoice as soon as possible to avoid these extra costs. Once the debt passes from us to the debt collection agency, we have no further involvement in the account and cannot reverse the process or any associated fees.
We will never sell or otherwise pass on the clients contact details to any other company or third party, unless required to do so by law. When the client contacts us, client details may be retained to assist with client enquiry. Client details will be used for correspondence and may also be used for marketing purposes by us. If the client does not wish for their details to be used for marketing purposes, please contact us.
We collect details about the client from the clients use of our service and client visits to our web site and other sites such as Facebook or Instagram, or sites accessed from them.
We may collect additional information in connection with the client’s participation in any promotions or competitions offered by us and information the client provides when giving us feedback. We also monitor customer traffic patterns and site use which enables us to improve the service we provide.
SECTION 4 – DISCOUNTS AND PROMOTIONS
From time to time we run promotions and offers – these promotions and offers come with the following conditions:
- Discount is limited to labour costs only on hourly rate jobs, half-daily rate jobs and daily rate jobs.
- Materials costs are not included in the promotion.
- Discounts cannot be combined – one promotional discount may be used per transaction.
- Offer periods are limited – refer to the specific promotion for validity period.
- We reserve the right to withdraw any offer at any time.
SECTION 5 – SUPPLY AND INSTALLATION OF GOODS
We will make every effort to procure and supply the product as accurately as possible. However, the actual Product delivered may be subject to variations in appearance, as the Product’s packaging may differ over time. It remains the responsibility of the client to ensure that the Product you ordered is correct and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.
Upon delivery and/or collection of the Product the client will be required to satisfy themself of the nature and quantity of the Products. The client will be required to sign a delivery note confirming receipt of the Products which shall constitute proof that they have inspected the Products and are satisfied that the Products received are in accordance with their order placed.
As the actual colours you see will depend on your computer’s monitor we cannot guarantee that your monitor’s display of any colour will be accurate.
Products may include ancillary items which are sold separately and the client will be required to place an additional order for such ancillary items.
We shall not be liable if the client purchases a Product which they do not require and/or is not suitable for their specific requirements.
SECTION 6 – KITCHEN RENOVATION DIY
- Due to the bespoke nature of a paint product, it is not possible to cancel or return orders once they have entered the production stage or have been delivered.
- Although we strive to maintain consistency, for a paint product there will be batch to batch variances, and we cannot guarantee an exact colour match between orders.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control
- In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the client shall have no claim against us for any loss or damage, of any nature, occasioned by any defect in any products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the products
SECTION 7 – DISCLAIMER – EXCLUSION AND LIMITATIONS
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, we:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.