Powerworx provides electrical works including but not limited to electrical repairs, maintenance and installation, and electrical items procured and installed on client's behalf.
Accounts are payable strictly upon invoice and presentation. Accounts over 7 days in arrears shall accrue interest at 15,5% per annum, compounded and capitalised monthly.
Electrical tariffs shall apply during working hours only. Working hours shall means 8h00 to 17h00 Monday to Friday. Service after hours at client's specific instance or availability shall accrue a 50% additional surcharge.
Powerworx shall mean Powerworx Electrical CC, including any employee, member, representative of Powerworx CC.
Payments shall strictly be made to account details provided in terms of Powerworx official quotation.
Electrical services are provided inter alia on goods supplied and services rendered on time. Where goods need to be replaced or replaced again, or where services are tendered and presented, but due to client concerns such as access services can not be applied, client shall be liable for goods installed and for time tendered/made available.
Unless specific instruction is made to the contrary Powerworx shall be entitled to appropriate any goods replaced.
Powerworx shall be entitled to accept that any representative or contracting entity on behalf of a client is fully authorised to do so and shall be entitled to rely on any such representation.
Powerworx, its employees, representatives and agents shall not be expected or required to work on live electrical systems. Should clients require live electrical maintenance or installation, a 100% markup shall be applied, and consent of Powerworx management shall be obtained prior to instruction.
Client shall be obligated to ensure site health and safety and health and safety equipment including but not limited to fire extinguishers.
Should any electrical work or installation prove to be defective, Powerworx shall be provided with reasonable notice to correct such defect, such notice not being less than three days for every day on the quoted duration of the installation and be provided access to site during working hours. Should the quotation provide no estimated duration, a notice period of one week shall apply.
Client shall have a duty to disclose before quotation is requested and additionally also before any service is effected any risk to hazardous conditions or materials that may exist or be present on the worksite.
It shall be incumbent on the client to ensure that Powerworx shall have safe and unrestricted access to the service premises during the period and hours required for on client's representation.
Powerworx shall be entitled to withhold work or cancel any agreement if, inter alia,
Any previously undisclosed risk or greater degree of risk becomes apparent to any electrical work project;
Any invoice remains overdue and outstanding;
If any third party intervenes on any quoted work project;
Quotations are provided on an ad-hoc initial assessment or client representation. Should further work be required over and above the initial assessment or representation, these will be invoiced additionally.
Powerworx shall be entitled to engage work on client's oral instruction or oral and/or written variation of initial instruction or quotation. At all times Powerworx shall be entitled to charge and/or levy any additional costs and work to site by which client has been enriched or alternatively by which client's goods or interests have been maintained. It shall at all times be incumbent on client to ensure that oral instructions or variations are understood and effected correctly. Should client wish to dispute or rescind any instruction to Powerworx to work affected or being affected, such is to be done in writing within 48 hours of work being initiated. Work already effected shall be charged for pro rata.
Should a client require a Certificate of Compliance, client shall be required and obligated to present the last original valid Compliance Certificate prior to the engagement of work.
The Client accepts that it may forfeit any rights that it may have against Powerworx if
It uses any good or installation contrary for the purposes it was installed;
If any repairs are effected by any third party;
Powerworx shall fully be excluded from any consequential or personal losses that may occur from any defective product or defective service provided.
At no stage shall Powerworx accept responsibility or be liable for any prior installation or base installation, or any consequential damages that arise from such prior installation or erroneous representations made to Powerworx as to what such systems construed.
At no stage does Powerworx accept responsibility or be liable for any damages resulting from negligence or misuse of any electrical work or installation effected by any client or any third party.
Powerworx shall be entitled to the costs of any goods or services resulting from the cancellation of any instruction;
Powerworx shall be excluded for any liability for costs or damages arising from Riot, strike, unrest, terrorism, criminality or any civil or labour disruption.
Disruptions which may occur as a result from municipal or utility defaults or failures, including but not limited to 'blackouts' and 'load shedding'.
Hazardous materials Deterioration and / or interference resulting from any delay or interruptions in the service period.
Damages resulting from transportation at client's instance.
Damages resulting from client's reasonable interest and concern to maintain and provide reasonable upkeep to electrical works.
Damages resulting from failure to disclose significant inherent or situational challenges or risks that may affect services or installations to be effected.
Any overrun of the estimated installation or repair duration.
Any damages or costs exceeding one million Rands.
Any service shall be limited to a 12 month warranty for repairs or service effected and a 3 month warranty for goods installed. Should any electrical works be subject to client or third party misuse, manhandling, neglegence or intervention, including but not limited to unusual power load or shorts, Powerworx shall be excluded from such warranty and indemnified from any losses that may occur.
Powerworx shall be provided with any list of remaining defects ('Snag List') in writing and within 1 week of service being effected. Should client fail to provide such a list it shall be accepted that service and/or installation was in good order.
Should it become necessary to enforce any provision of Powerworx' terms and conditions, legal costs shall be payable on an attorney / client scale including but not limited to tracing fees, costs of service on urgency and counsel's fees.
Powerworx shall be entitled to list any defaulting client on a credit rating provider or credit bereau as having defaulted. Powerworx shall be indemnified to any reputational losses or damages that may result of clients being blacklisted or otherwise recorded as having defaulted.
Powerworx shall at all times be entitled to a lien over any installed goods or equipment.
Powerworx shall retain full ownership and title on any goods or equipment installed until they have been fully paid for.
The client shall not be entitled to set off any claim or complaint from amounts owing to Powerworx;
Any failure to enforce any provision of this agreement, or any leniency extended by Powerworks in terms of its terms and conditions shall not be construed as any waiver or abandonment of any of Powerworx rights or interests.