STANDARD TERMS AND CONDITIONS

 

Supply Only Orders & Collection of Aluminium Windows and Doors and Glass:

The client is advised to ensure that their vehicle is equipped with a suitable A-frame and an adequate number of staff to facilitate the loading of the order.

Florida Supplies commits to providing two staff members to assist with the loading of the order.

A mutually agreed upon collection date must be confirmed between Florida Supplies and the client. Florida supplies undertakes to have the order fully prepared for collection on the confirmed date.

In the event that the client is unable to collect the order on the specified date, Florida Supplies allows for a grace period of five working days. Subsequently, a storage fee of R350 Vat Inclusive per day will be applicable.

Florida Supplies, having encountered issues with workmanship from various independent installers, hereby declares non-responsibility for installation work in cases where the order is for supply only.

A “Call Out Fee” will be applied prior to attending to any fixes or inspections for installations not executed by Florida Supplies certified installers.

Release of goods for delivery is contingent upon the receipt of 100% payment.

The Client appoints Florida Supplies (Pty) Ltd (“Contractor”), through their acceptance of the Quote, as its exclusive provider to complete the Scope of Work, as noted in the Quote on the terms and conditions of this Agreement, which appointment Florida Supplies (Pty) Ltd accepts.

 

Payment Terms:

A 70% deposit is required upon acceptance of the quotation.

30% payment is due upon completion of all manufacturing processes.

5% is payable upon completion if Florida supplies is responsible for installation.

Full payment for products or installation services below R8000 is required upon confirmation of the acceptance of the quote.

Payment Conditions:

No payments are contingent upon financial institution draws, architect or professional approvals, occupation certificates from the Local Council, or any other reasons, unless mutually agreed upon in writing at the time of agreement acceptance.

A 70% deposit is mandatory for any additional work required after accepting the initial quotation.

All invoices must be settled within 3 days of the invoice date. Failure to meet this deadline will result in an immediate work stoppage until payment is received.

Payment:

Client shall affect payment of the Contract Price as follow:
Seventy percent of the Contract Price once the Quote is accepted.
Twenty five percent of the Contract Prince once the installation date is confirmed.
Five percent of the Contract Price once the Project is completed.
Due to escalations and variations in the price of materials, a quote may change at any time without prior notice and is subject to the standard Florida Supplies Glass & Aluminium Terms and Conditions.

If a client neglects to provide Florida Supplies with a signed copy of this Agreement, it is agreed that on receipt of the initial deposit, the Client acknowledges and accepts the conditions of this Agreement to be binding.
Should the Client wish to terminate this Agreement after manufacturing have commenced the Client shall forfeit their entire deposit.
If a client fails to effect payment timeously, statutory interest applicable to incidental credit agreements will apply. Interest will be charged on all overdue payments, where payments are overdue for a period of more than twenty calendar days. Interest shall be charged at 2% per month which accumulates to 24% per annum which can be charged on default payment.
Once Florida Supplies has certified a project as complete, and notified a Client of such, a Client shall have no retention on any remaining amounts due to FloridaSupplies. A Client shall immediate, and within a period of 24 hours, affect payment of the final 10% of the contract amount.
Notwithstanding any provisions of this Agreement, each party irrevocably waives all rights it may have to set off, net, recoup or otherwise withhold or suspend payment between the Parties.
When the Works are substantially complete, Florida Supplies will notify the Client in writing, who will within 5 (five) business days, will inspect the Works and provide Florida Supplies with a single, comprehensive, written list of any work still to be completed and/or defects to be remedied, which written list will be known as a Snag list.
Florida Supplies shall have a period of no more than three months wherein remedy any faults or defects noted on the Snag List.
Florida Supplies reserves the right to withhold the Glazing Certificate until the Project is paid in full.
All products manufactured and installed by Florida Supplies will remain the property of Florida Supplies until full payment has been received. As a result, Florida Supplies Glass & Aluminium reserves the right to remove all items manufactured and installed should full payment not be received when due. The Client expressly indemnifies FloridaSupplies, and it will not be held liable for any damage or legal fees due to the removal of such items.
For the avoidance of doubt, until payment has been received in full, Florida Supplies exercise a builder’s lien that exists on the Works.
If an installation is removed, the Client will remain liable for the outstanding amount and all damages and costs.
Failure to affect payment may be regarded as a material breach of this Agreement, and Florida Supplies may, in their sole discretion, terminate this agreement and institute immediate legal action.
If a client refuses or neglects to effect payment of the Contract Amount, Florida Supplies may issue a certificate setting out the indebtedness of the Client. Such document shall serve as prima facie evidence of such indebtedness and would be valid as a liquid document for the purposes of provisional sentence or summary judgment.
Should legal action ensue, both parties agree that any legal cost shall be awarded on an Attorney and Client scale.

Contractual Details:

No retention or penalties will be accepted.

Final payment is expected on practical completion, defined as the stage where the works are substantially complete and can be effectively used for their intended purposes.

Guarantee coverage applies, and any snags fall under the guarantee.

Late Payment Consequences:

In case of late payment, Florida Supplies reserves the right to cancel the contract or suspend delivery/installation until outstanding amounts are settled.

Interest at the banker’s prime lending rate will be charged on late payments from the default date until paid in full.

No guarantees will be applicable unless all monies are paid in full.

Cancellation and Ownership:

No deposit refunds will be issued in case of cancellation or delays not attributable to Florida supplies.

Florida Supplies retains complete ownership of all manufactured, delivered, or installed products until paid for in full.

Product Size and Aperture Preparation:

The quotation is based upon the sizes of product quoted, and the preparation of apertures is the responsibility of the Client.

The apertures of the building will be pre-measured before manufacturing commences.

The units ordered herein are made to measure and once units have been manufactured, it cannot be cancelled or varied in any manner whatsoever. Should changes be required, the Client undertakes to pay for all costs already incurred by Florida Supplies in the execution of this order whether fully or partially completed.

Whilst every endeavor is made to ensure the accuracy of our quotations we accept no liability for errors or omissions which may be found to have occurred. The Client is advised to carefully study the quotation to establish the accuracy thereof.

Any changes to the quote will be in writing, No verbal changes to the quote will be accepted and if so, Florida Supplies will not be held responsible for any errors.

Responsibility of all products transfers to the client upon handover (ex-factory or delivered). A competent client representative must be available to accept product handover. Quality and quantity to be checked by client delivered or installed risk moves from factory to client.

Floridasupplies a continuous, uninterrupted installation process until completion and handover. Interruptions to installation that takes longer than 2 weeks to conclude, outside the control of Floridasupplies, will result in an interruption fee and a revised lead time on products and installation.
Installation workload and team availability could impact installation dates.

Upon ex-factory handover the risk of loading, insurance and transport transfers to the customer

Please note that frame sill dimensions are not standard for all products and that certain products require external drainage in the form of weep holes in the outer frame for external applications. Product performance can be hampered if weep holes are covered and or water is not able to flow away (drain) freely.
It is the responsibility of the builder to ensure that screed heights and floor finish both internally and externally are considered and are in accordance to product specified. Sill and frame details of all doors and windows can be supplied on request.

Preparation of apertures is the responsibility of the builder.
Waterproofing (damp-proof course, membrane or equivalent) of opening thresholds and sills is the responsibility of the builder.
The apertures of the building will be measured before manufacture commences. In the case of replacement, the removal of the existing fenestration will and must be done by the client.
It is assumed that products will be installed into raw openings. Pre-plastered installation and silicone sealing will attract an on cost and will be quoted for additionally.
Frames will be aligned parallel with the inside wall whether plastered or raw at the time of installation and in the middle of the reveal unless otherwise specified.
Repair of tiles and painting is excluded from this quotation.
The Client will ensure that Floridasupplies has access to the site between 07h30 and 17h30 Monday to Friday in order to perform the required work.
Keys will be handed over and signed for by client or responsible person on site, in the event that keys are lost, client will be quoted for new cylinders and labour for replacement thereof.

Definitions:

“Agreement” means the Agreement between the parties regarding the Project as embodied herein, read with the Quote, Scope of Work, and any Special Conditions.
“Contractor” means the Florida Supplies (Pty) Ltd, a company incorporated within the Republic of South Africa.
“Contract Price” means the total price payable by the Client to the Contractor in respect of the Material and/or Services to be provided in respect of the Project.
“Effective Date” means the date of commencement of the Project as specified in the Quote, or the rendering of the Services as identified therein, whichever occurs first in time.
Material and/or Services” means the building material and construction and related services required for the execution of the Project, as specified in the Quote.
Invoice” means a valid tax invoice issued in terms of and complying with the VAT Act of the Republic of South Africa.
Project” means the building project as more fully specified in the Quote, and/or the Scope of Work.
“Scope of Work” means the Material and/or Services to be provided in respect of the Project, as more fully detailed in the Quote as well as any attached documents and drawings, if applicable.
“Special Conditions” means any special conditions, if any, relating to the Project varying or adding to these general terms and conditions as documented in a separate annexure.

 

Scratches and Touch-up Coating:

 

Traffic Marks and Fretting Abrasions

Traffic marks and fretting abrasions, typically dark in colour, result from relative movement or rubbing between contacting metal surfaces during transit.

Light marks or scuffs on the metal surface caused by handling or packing materials are not grounds for rejection unless they compromise the product’s functionality or visual integrity under normal lighting conditions. 

Touch-Up Spray Coating

Touch-up spray coatings may be used to repair damaged or scratched surfaces and to match the aluminium’s colour.

Any touch-up coating applied is done at the client’s own risk.

The company does not accept responsibility for colour variations that may arise due to the use of touch-up spray coatings.

Manufacturing:

A Lead time of +/- 30 working days is to be allowed to manufacture standard items of stock. Special items or colors could take longer, or as advised by Florida Supplies.

Powder Coating & Anodizing of special colors +/-15 working days, Client to provide correct color code or sample.

This quotation is subject to the express condition that Florida Supplies shall in no way be liable for any consequential loss, damage or delay to the customer arising from an Act of God, Act of State, breakdown of equipment, labour dispute, war, riot civil commotion, transport  delay or any other causes beyond the control of Florida Supplies.

Deliverables: Time of the essence.

Delivery of the Material and/or the rendering of the Services shall occur pursuant to the Scope of Work as specified in the Quote against full payment of the Contract Price.

Quote:

Once a Quote is accepted, Florida Supplies shall generate an invoice.

Materials and services shall be specified on the Quote and shall include material/s, labour, glass and aluminium installation, external silicon, and standard hardware (i.e., handles and hinges) unless stated differently.

The Quote shall include all needed for the complete installation and completion of the Scope of Work stated on the Quote, with no hidden costs.

Unless included and provided for in the Quote, a Quote shall expressly exclude the following:
external sealants for aluminium frames where the masonry is not/will not be plastered will come at an additional charge for the Client’s account.
exclude cleaning.
exclude any entrance fees required to enter a site.
wrapping of windows.
any structural steel and/or supports that may be required. (Unless stated differently on Quote).
any equipment (i.e., scaffolding, cherry picker etc.) that may be necessary to install products at excessive heights, this will come at an additional cost (unless stated differently).
any electrical work.

Final measurements are to be taken by an employee of Floridasupplies. If a client insists on providing their measurements, said Client will be required to do so in writing and expressly indemnify Florida Supplies for any additional costs incurred by Florida Supplies should the Client measurements be inaccurate.

If required-, and to provide a Quote, the Client shall provide Florida Supplies with the following:
Building plans, design, and window schedule.
Physical address.
Glazing specification.
Aluminium finish (colour).
Aluminium section specification.
Wind Load.
U-Value.
New Building/renovation.
Plastered/Face brick.

If a client neglects or refuse to provide the values noted in point 5.6 default values and standard colours shall apply. Any changes to defaults used after manufactured and/or installed products will come at an additional cost.
The Client accepts and acknowledges the colour of the aluminium and glass upon acceptance of the quotation. Where the aluminium and glass have already been cut, and the Client notifies Florida Supplies of proposed changes, the Client shall remain responsible for the cost of any glass and aluminium that is not salvageable for the Project.
Unless specifically quoted, Florida Supplies shall not be responsible for any demolition, building, or plasterwork. All construction remains the sole responsibility of the Client.
It is the responsibility of the Client to confirm and accept the Quote as correct. Any alterations or changes to a Quote may lead to additional costs.
It is the Client’s responsibility to ensure that the opening direction of all sliding-, sliding folding- and hinged doors are correct, as a change in direction will come at an additional cost for the Client’s account.
Florida Supplies shall be the sole contractor responsible for the
Works, another contractor may only be appointed with the
written consent of Floridasupplies.
WARRANTIES

Florida Supplies warrants that it has clear title to all Material furnished hereunder and that the same is being delivered free and clear of any encumbrances.
Florida Supplies warrants that the Services will be provided in a timeous, proper, and efficient manner.
Florida Supplies further warrants that all Material and the Services shall conform to the Quotes specifications and requirements.
Upon completion of the installation, Florida Supplies provides the Client with a 6-month Contractors Warranty. A Contractors Warranty shall be provided where the Client can provide a copy of this signed terms and conditions document, and Florida Supplies has been paid in full.
If a product has been tampered with by any other than Florida Supplies Glass Aluminium or an Act of God (i.e., floods, earthquakes etc.) occur, the Contractors Warranty will be immediately void.

To confirm the veracity of a warranty claim, a client is required to present the signed terms and conditions document and proof of payment for any warranty to be honoured.
The Client warrants that it shall provide FLORIDA SUPPLIES with
reasonable access to the site to complete the Works

Delivery:

Goods delivered with protection will be deemed to be in good condition.

The risk in and to the goods sold and delivered by Florida Supplies to the Client shall pass to the Client upon delivery.

Once goods are delivered Florida Supplies accepts no liability should damage occur. Florida Supplies will not be responsible for any loss, theft or damage to existing property or personnel injuries.

Lead Time:

Lead times will be applicable when:
seventy percent deposit of the Contract Price, a signed quotation with these terms and conditions and a copy of the Client’s ID document has been received.
An employee of Florida Supplies has taken final measurements.
Lead times range from 15 – to 30 working days. The installation date will be confirmed (“installation”) and shall be confirmed once payment of the deposit has been received and allocated.
On the installation date, the installation will commence after a further payment of 25% of the Contract Price.
Lead times will extend should the Client fail to affect the further payment.
The Client’s responsibility is to make the further payment of 25% of the Contract Price. If a Client neglects to affect a further payment, installation shall not commence, and the installation date shall be moved to a new installation date.
Any changes made to the design of products after accepting the quotation may influence lead times and pricing.
Lead times will be influenced should the apertures be required to be set correctly for installation.
Lead times exclude contracts that include special powder-coated aluminium, double-glazing, special and toughened safety glass, custom framed showers.
Lead times do not include the time acquired to complete the
installation.
Lead times may be influenced should access premises is in any way restricted. It may further be affected by public holidays, long weekends, and inclement weather is inclement, there is a taxi, bus, or train strike and/or our employees are unable to attend a workday.
Lead times may be influenced due to the Suppliers of Florida Supplies being out of stock or if their employees may go on strike. Should Florida Supplies be unable to receive the Material and hardware required to manufacture or complete the Project in time, it is agreed that it shall be communicated with the Client, and a new installation date shall be confirmed.

Installation:

Should site conditions delay installation, Florida Supplies reserves the right to be compensated for any additional expenses which may be incurred. If our installation teams are required to work according to Clients time schedule, “split installations” a new installation date will have to be rescheduled. All outstanding monies to be settled immediately.

Should our site commencement date exceed 2 months from date of appointment, we reserve the right to amend the glass & aluminium prices according to any increases received from our suppliers.

Duration of installation will vary depending on the status of the building once work commences.

After hours and weekend installation will be charged additional if Client insists installation to proceed after hours.

We will take care when installing our products, we will not be liable for damage caused to your property in the process, unless caused willfully. For example:

tiles almost certainly will break,

plaster will be damaged while removing existing windows & doors.

dust will be present and is unavoidable while working.

It’s difficult to work over/ between plant beds and not damage any plants.

Florida Supplies will not guarantee waterproofing for any Sliding door or Vista fold tracks being put “on top of tiles”.

We will not be held responsible for floors that are not level. Any adjustments or cutting of doors will be for Clients account.

Florida Supplies will supply access ladders up to 2.5m. Access equipment (scaffolding, hoists, etc.), would be an extra if required.

The appointment of a safety representative and safety files are excluded from this quote.

Client has the choice to leave protection on and clean himself or to ask us to clean while we are on site. Any call outs for cleaning and removal of protection will be charged for.

Whilst we will endeavor to meet the required installation date, such date shall not constitute a material term of this contract and any failure to adhere to such proposed date shall not entitle the Client to cancel this contract or to relieve him from his strict performance of all his obligations.

Once your project is complete, you will be notified and we require that you inform us of any concerns or snags within 48hours, or we will assume you are 100% satisfied.

Any scaffolding access, drainage and lifting is excluded from this quotation.

No amendment, alteration or additions to the quotation will be valid unless reduced to writing and signed by both parties.

All changes to the signed order, lead times, sizes, design and/or contracted obligations must be in writing/email to the estimator for the order. FloridaSupplies will not take any responsibility for any verbal commitments made by any staff member.

Cabin hooks, door stops and other accessories not part of our products are excluded from this quotation.

The supply of shop drawings is excluded from this quote. If required we will quote for this separately.

Products stored on site is and will remain the responsibility of the client once items have been delivered to site

Plastering and silicone sealing of reveals are excluded, removal of protective tape and protective materials and finishing will be the responsibility of the client/builder/contractor and should only be done on completion of plastering and painting.

Exclusions:

This quote excludes all or any building, plastering, painting and tile work.

We can arrange removal of waste material from the site, at additional cost to you.

This quotation specifically excludes sandblasting, night-latches, cabin hooks, burglar bars, weather strips or any special ironmongery unless so specified in writing.

Flush bolts do not fall under our guarantee. If broken flush bolts are assessed to have been damaged due to mishandling, they will be charged for.

 

 

Our Standard Terms and Conditions will apply once we received a 70% deposit:

All quotations are compiled based upon the information and specifications provided by yourself (or your professional consultants)

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, Florida supplies may include the costs and fees related to such alteration in its interim and final invoices.

The client confirms that they have read all above conditions, and have accepted such. This quote remains valid for 30 working days, thereafter may then become subject to material price increases.

We reserve the right to change these terms and conditions from time to time in our sole discretion. In the event of any violation of these Terms and Conditions, we reserve the right to seek any and all remedies available, whether by law or in equity.

We are Suppliers of New and Recycle Products.