Terms and Conditions for Sambro Civil & Construction (Pty) Ltd

1. Acceptance of Terms

1.1 Agreement to Comply: By engaging in contractual relations with Sambro Civil & Construction (Pty) Ltd, herein referred to as “Sambro” you, herein referred to as the “Client” acknowledge and agree to be bound by the following Terms and Conditions. These terms constitute a legally binding agreement between the Client and Sambro. If any part of these terms is not agreeable to you, please notify us promptly.

2. Services

2.1 Description of Services: Sambro agrees to furnish construction services in accordance with the provisions set forth in the executed contract or agreement, herein referred to as the “Agreement” between the parties.
2.2 Client Responsibilities: The Client assumes responsibility for the provision of accurate and comprehensive project specifications, plans, permits, and any necessary documentation.
2.3 Written Agreement for Scope Changes: Any alterations or amendments to the project’s scope must be documented in writing and incorporated into the Agreement. Such modifications may result in adjustments to the project’s timeline and cost.

3. Payments

3.1 Financial Responsibility: The Client is responsible for settling the agreed-upon project cost, which includes additional expenses resulting from scope changes or unforeseen circumstances.
3.2 Payment Terms: Specific payment terms and schedules will be delineated in the Agreement.
3.3 Consequences of Payment Default: Failure to fulfil payment obligations as agreed may lead to project delays or termination.

4. Project Timeline

4.1 Project Completion: Sambro shall make reasonable efforts to ensure timely project completion as specified in the Agreement. However, unanticipated factors beyond our control may lead to project delays.
4.2 Exemptions from Liability for Delays: Sambro bears no responsibility for delays arising from conditions beyond our control, such as adverse weather conditions, regulatory changes, material availability delays, or acts of nature.

5. Quality and Warranty

5.1 Workmanship Standards: Sambro commits to executing the work in a professional and skilful manner, adhering to industry standards and local building codes.
5.2 Warranty Coverage: Sambro provides a warranty for its work, as outlined in the Agreement. Any defects or issues covered by the warranty will be addressed promptly.

6. Changes and Amendments

6.1 Written Agreement for Changes: Any modifications to the project’s scope, specifications, or other terms must be mutually agreed upon in writing by both parties and incorporated into the Agreement as an amendment.

7. Insurance and Liability

7.1 Insurance Coverage: Sambro maintains appropriate liability insurance and workers’ compensation insurance, in accordance with legal requirements.
7.2 Client’s Insurance Responsibility: The Client is encouraged to maintain their insurance coverage throughout the project.

8. Termination

8.1 Termination for Cause: Either party may terminate the Agreement for justifiable cause if the other party fails to fulfil its obligations. Termination procedures will be elucidated in the Agreement.

9. Entire Agreement

9.1 Comprehensive Agreement: These Terms and Conditions, in conjunction with any Agreements executed between the parties, constitute the entire and exclusive agreement between Sambro Civil & Construction (Pty) Ltd and the Client. This agreement supersedes all prior understandings, agreements, and representations.

Additional Terms
9.2 Working Hours: Work hours are defined as between 7:30 am and 4:30 pm.
9.3 Deposit Requirements: A deposit of 70% is required upon acceptance of the quote, with the remaining 30% due upon project completion.
9.4 Engineers’ Drawings: Sambro operates based on engineers’ drawings, with the accuracy of these drawings falling under the Client’s responsibility.
9.5 Quotation Validity: This quotation remains valid for 14 days.
9.6 Curing Responsibility: Concrete curing for at least three days is the responsibility of the employer.
9.7 Site Safety: Sambro is not liable for the safety of any person or subcontractor entering the site without supervision. The employer assumes responsibility for the safety of the construction site. 9.8 Labour Rates for Weekends: Saturday labour is billed at 1.5 times the standard labour rate, and Sunday/public holidays are charged at 2 times the labour rates.
9.9 Standing Time Charges: Standing time will be billed per hour, based on the number of team members, in relation to the Construction Bargaining Council rates per day.
9.10 Client’s Insurance: The employer must possess public liability insurance.

9.12 Additional Earthworks and Rock Removal: Additional earthworks and removal of rocks exceeding 200mm across are not included in the quotation and are to be covered by the client.

9.15 Price Adjustments: Prices are subject to drawings and site visits and may be adjusted if unforeseen site conditions warrant changes as deemed  necessary by the appointed Professional Engineer.
9.18 Client Responsibilities: The client shall assume the following responsibilities:
9.18.1 Provide safe storage areas within a reasonable proximity to the actual work site.
9.18.2 Ensure the availability of water and electricity within a 20 meter radius of the actual work area.
9.18.3 Coordinate effectively with other contractors involved in the project.
9.18.4 Note that generator hire and associated fuel costs are not included in the initial quote.
9.18.5 In the event of scheduled load shedding, Sambro reserves the right to hire a generator and procure the necessary fuel, with these costs to be charged to the client to prevent project delays. 9.18.6 If the client does not consent to this arrangement, a daily rate will be charged.
9.21 Commencement Risks: Sambro bears no responsibility for loading or overloading of concrete before the curing cycle is complete; such actions are at the employer's risk.
9.22 Goods and Machinery: Sambro accepts no liability for moving the client's goods, machinery, or furniture.
9.23 Safety Files: Safety files, if requested, are not included in quotes and will be charged additionally based on scope and site location.
9.24 Access Permits: The client is responsible for the cost of access permits for restricted areas, including the daily labour rates for the team to obtain them.
9.25 Parking Fees: Parking fees in public areas, such as malls, airports, or similar venues, are the client’s responsibility.
9.26 Security Access: Security access is the client’s responsibility, and delays will result in standing time charges.
9.27 Loading/Offloading Areas: Dedicated areas, loading/offloading bays must be arranged by the client.
9.28 Scaffolding Charges: Scaffolding will be charged at a weekly hire rate, excluding additional services. Exceeding the quoted price will result in automatic weekly rate charges to the client.
9.29 Designs, Drawings, Mock ups, Design Briefs, Artwork:
9.29.1 Any designs, drawings, mock-ups, design briefs, artwork, or related services provided by Sambro will be subject to applicable charges.
9.29.2 Any additional changes or revisions to these designs, drawings, mock-ups, design briefs, or artwork will be charged at the initial professional rate agreed upon in the relevant Agreement or as otherwise communicated between the parties.

These additional terms relating to designs, drawings, mock ups, design briefs, and artwork are an integral part of our Terms and Conditions and should be considered accordingly. By entering into an Agreement with Sambro, you acknowledge that you have read, understood, and agreed to these additional provisions. These Terms and Conditions, in conjunction with the Agreement, define the terms of our engagement. By entering into an Agreement with Sambro, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.