Terms and Conditions
If within 30 days of the completion of the installation of the Paving, the Paving is found to not have been installed in accordance with the Product Installation Specifications set out in clause 9 and taking into account the Acknowledgements by Customer in clause 10 (of the Customer Contract), and the Contractor is unable to rectify such defect within 90 days of such finding, the Contractor shall refund to the Customer the full purchase price, subject to the following conditions:
1. The installation of the Paving must be complete, signed off by the Customer and the contract price must have been paid in full;
2. The Customer must notify the Contractor in writing within 30 days of completion of the installation of each discrepancy requiring rectification — only these discrepancies shall form the basis of this guarantee;
3. Access to the property must be given to the Contractor during normal business hours in order for the Contractor to be given an opportunity to repair the discrepancy;
4. If after the 90 day period, a dispute arises between the Customer and the Contractor as to whether the discrepancy has been rectified, the Contractor may invoke the provisions of clause 14.3 (of the Customer Contract);
5. This guarantee may not be invoked by a Customer due to him/her not being satisfied with his/her choice of colour, style or pricing of the Paving.
Product Installation Specifications:
1. The area in which the Paving is to be installed will be scarified (loosened), and then graded to achieve the best obtainable falls for drainage (in the sole opinion of the Contractor) — unless agreed otherwise between the Contractor and the Customer;
2. The area then will be moistened to optimal moisture content and compacted with a vibrating plate compactor. The above will ensure a base of sufficient strength to support vehicle loading on the paving up to 4000kg.
3. Butt Jointed Paving — Where practical the paving will have a minimum of 2% fall and the screed will be no more than 25mm. Gaps in paving will not exceed 10mm. Variations in grade will not exceed 12mm over a distance of 3000mm except were the variations form part of a change in grade. Where the pattern involves continuous straight lines, the deflection off-line will not exceed 12mm over 3000mm. The gaps between the pavers will be cement grouted and a plate compactor will be passed over the pavers before application of the grout. All unretained edges will be restrained by a concrete edging containing stone and brick force reinforcement.
4. Open Jointed Paving — The same procedure as for Butt Jointed Paving shall be applied but with the following differences; gaps between the pavers will not exceed 15mm, the gaps between the pavers will be filled with a wet mixture of sand and cement and depressions will not exceed 6mm from the top of the paver. In the case of wet cast tiles the height variation between tiles will not exceed 5mm, and due to the nature of manufacture, and texture patterns in the tile, height variations between tiles will exist, but will not exceed 5mm. Random cobble paving is open jointed paving and the pavers are brick waste and may comprise of whole pavers or portions of pavers and joints will not be regular but will not exceed 70mm. Pavers are laid on a circular pattern, and pavers for borders are not full pavers.
5. Sealing and Cleaning Option — Should client elect, at an additional cost, to have paving sealed and cleaned, a sealer will be used to enhance the colour of the paving, protect the paving from UV light and enable easier cleaning and removal of dirt from the paving, however, such sealer will not guarantee total stain removal.
Acknowledgements by Customer:
1. Cement staining can occur due to cement wash grouting or sponge grouting of pavers but will not exceed five percent of the total area. Staining may not be concentrated in one area;
2. The Contractor cannot warrant that the colour of the sample paver or colour of the paver in a brochure will not vary from the supplied paver. There may also be slight markings in the pavers. All of these possibilities may come about from sand moisture, sand colour, different types of cement, and general manufacturing variables in raw materials;
3. Due to the methods of handling the pavers, the Contractor shall not be liable to replace pavers with slightly chipped edges and corners which are less than 1cm in diameter, as these are seen as industry norms in paving bricks and slabs;
4. In the event the Customer elects to have a sealer applied to the Paving, it is the Customer’s responsibility to maintain the Paving.
12 Year Warranty:
1. The Contractor hereby warrants all workmanship and materials for a period of 12 years from the date of completion of installation, upon the following terms and conditions:
1.1. The contract price is paid in full;
1.2. The Customer notifies the Contractor of any defects as soon as the Customer becomes aware of it. The Contractor will not be responsible for repairing additional damage occasioned by a delay in notification by the Customer;
1.3. The warranty relates only to damage due to defects in the materials or its installation;
1.4. An exact colour match for replacement of the materials cannot be guaranteed;
1.5. Any repair or replacement of the materials or any part thereof by anyone other than the Contractor shall result in this warranty becoming null and void;
1.6. This warranty shall be further limited by the provisions of the remaining clauses of these T & C’s, including but not limited, to clauses 10 and 15.
2. The paving sealer and application thereof carries a 4 year warranty
3. For any breaches by either party, if the defaulting party fails to rectify such breach within 7 days of receipt of notice thereof, and if the parties do not agree to mediation by an independent 3rd party agreed to by the parties, either party may refer the matter to arbitration, which arbitration shall be held in terms of the Arbitration Act. The arbitrator shall be entitled to determine the format and procedure of the arbitration, taking into account the need to resolve the dispute as quickly as possible. The arbitrator shall further determine the costs of the arbitration. The arbitrator shall be appointed jointly by the parties within 3 working day of calling for the arbitration, failing which, the Arbitration Foundation of South Africa shall appoint such arbitrator.