General Terms & Conditions
Service & Inspection
Unless otherwise specifically agreed in writing, all inspections and services, tenders of service and all resulting contractual relationship(s) between SEDULITAS CC (hereinafter called the “Company”) and the client (hereinafter “Client”) shall be governed by these general terms and conditions of inspection and services (hereinafter the “General Terms & Conditions” – (GT’s&C’s)).
These GT’s&C’s are subject to the laws of the Republic of South Africa and all issues and/or disputes arising shall be subject to the jurisdiction of the South African courts.
All Client enquiries and orders for any occupational hygiene services must be accompanied by sufficient information, specifications and instructions to enable the Company to evaluate and/or perform the services required. The Company cannot be held responsible for any ambiguity in the Clients instructions nor for any incorrect or misleading information supplied or obtained
These GT’s&C’s and any other documents expressly referred to represent the entire agreement between the Client and the Company in connection with the appointed services and supersede any prior verbal or written agreements.
3. Scope of Work
The Company’s standard services may include all or any of the following:
- Quantitative and/or qualitative inspection.
- Workplace and/or worker risk exposure and hazard inspection
The Company will issue reports and certificates of inspection which reflect statements of opinion made with due care within the limitation of instructions received but the Company is under no obligation to refer to or report upon any acts or circumstances which are outside the specific instructions received.
4. Safety and Security
The Client shall inform the Company in advance of any known actual or potential hazards or dangers associated with any service or inspection, including, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or positions.
The Company undertakes to exercise due care and skill in the performance of its services, and will ensure that all necessary measures are taken for safety and security of personnel and working conditions during the performance of services in accordance with the usual professional practice and standards.
5. Unforeseen Elements
In the event that any unforeseen problems or expenditure arise in the course of carrying out any of the contracted services, the Company shall be entitled to make additional charges to cover additional time and cost necessarily incurred to complete the service.
6. Right to make changes to the agreement
Any changes to the signed agreement or contract must be discussed, agreed upon, stated in writing and signed by the Client and Company.
7. Confidentiality and Impartiality
The Company undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a court of law.
The Company and its officers and employees shall be held harmless and indemnified against all claims made by any third party for loss, damage or expense of whatsoever nature and howsoever arising relating to the performance, purported performance, or non-performance of any services.
9. Limitation of liability
The liability of the Company in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed the price paid for the appointed/assigned inspection and/or service.
The Company is not responsible for any indirect losses (including loss of income or revenue, loss of business, loss of profit from contracts, loss of anticipated savings, loss of data, etc.), arising under whichever circumstances and whether caused by breach of contract, tort or negligence, etc., even if foreseeable.
The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance.
Time bar all and any claims by the Client against the Company will be considered null and void unless submitted within one month starting from date of issue of final report.
10. Force Majeure Events (FME)
The Company cannot be held responsible or liable for any failure or inability to perform, and/or any delay in performance of any obligations under the signed contract/s caused by and/or arising from FME, including:
- Strikes, lockouts and other industrial actions;
- Civil commotions, riots, invasions, terrorist attacks and/or threats for such, any military preparations, threats or actions whether officially declared or not;
- Fires, explosions, storms, floods, earthquakes, subsidence, epidemics and/or other natural disasters;
- Unavailability or impossibility of the use of any means of public or private transport;
- Unavailability or impossibility of the use of public or private communication networks;
- The acts, decrees, legislation, regulations or restrictions of any government;
The Company’s service under any contract is deemed to be suspended/deferred for as long as the FME continues, and an extension of contract time for performance for the duration of that period will be effected. If possible, the Company will use all reasonable resources and endeavours to find a solution to allow continuation of the requested services despite the FME.
11. Payment terms
The Client will punctually pay on presentation of invoice or not later than 30 days after the relevant invoice date or within such other period as may have been agreed in writing by the Company all proper charges rendered by the Company failing which 15% interest will become rate from the date of invoice until payment.
In the event of any suspension of payment arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by the Company, the Company shall be entitled to suspend all further performances of its services forthwith and without liability.
In the event of the Client cancelling the contract or preventing the Company by reason of any cause whatsoever from performing or completing any service for which an order has been given or an agreement made, the Client will pay to the Company.
- The amount of all abortive expenditure actually incurred.
- A proportion of the agreed fee equal to the proportion (if any) of the service actually carried out: and the Company shall be relieved of any responsibility whatsoever for the partial or total non- performance of the required service.
12. Right to Revise these Terms and Conditions
The Company reserves the right to revise and amend these GT’s&C’s from time to time in order to reflect changes in market conditions, changes in relevant laws and regulations or regulatory requirements and/or changes in the Company’s business capabilities.
The Client will be subject to the policies and GT’s&C’s in force at the time that service and/or inspection request is reported on and the Company has the right to assume that the Client has accepted the aforementioned change.