Installation Terms and Conditions

1. Upon payment of the contract price, the CUSTOMER will be furnished with a 20-year guarantee against rust
and paint peeling. It is a condition precedent for the furnishings of a guarantee that all amounts payable in terms of this agreement have been
paid in full.
2. Without prejudice to any other rights which the Seller may have hereunder, and without prejudice to any
claim for damaged which the Seller may have, the Seller shall, in the event of nay default on the part of the Purchaser, be entitled to remove the
whole or any part of, the goods supplied. The Seller shall not be liable for to the Purchaser or howsoever for any damage or loss which may be caused
to any premises or howsoever by reason by the Seller’s removal of the goods aforesaid. The Purchased shall also have no claim against the Seller fore the
replacement of the original goods removed by the Seller.
3. No extension of time, or any other relaxation of indulgence granted by the Seller to the Purchaser shall
operate as, or be deemed to be, a waver by the Seller of any of its rights under this Contract, or notation of any terms and conditions of this Contract.
4. The proposed erection or installation date shall not constitute a material term of this contract, and any failure to adhere to such proposed date shall nor entitle the Purchaser to cancel his contract or relieve him from his strict performance of all his obligations thereunder.
5. The Seller shall be deemed to have complete the contract upon production of a signed Certificate, if
requested by the Purchaser, thereupon the Purchaser shall be obliged to effect payment of the full agreed amount to the Seller without any deductions or
retentions of whatsoever nature.
6. The Seller liability herein is limited to the above mentioned guarantee, and all other guarantees and warranties whether express or implied, are excluded. In particular, the Seller shall no be liable for any harm, loss or damage of whatsoever nature to; persons, animals, property, plants, shrubs, paint work, light fittings, windows, roof tiles, etc.; whether consequential or indirect.
7. The Seller is not liable for the supply and/or installation of any item not specifically specified herein.
8. The Purchaser shall be obliged to supply access to electrical points to the Seller, at the Purchaser’s own
cost, and to supply domestic water to the seller, at the Purchaser’s own cost, to enable the Seller to carry out his obligations in terms hereof.
9. No liability whatsoever shall attach to the Seller as a result of roof collapse, sagging or distorting due to inadequacy of design, bracing or timber
10. In the event of the Purchaser failing to comply with any of the obligations resulting in the Seller having to take legal action against the
Purchaser, the Purchaser shall be liable to pay all legal costs incurred on the Attorney Own Client Scale, including collection commission. The
Purchaser hereby consents to the jurisdiction of the Magistrate’s Court Act No. 32 of 1944 (as amended). Alternatively, in the Seller’s sole
discretion, the Seller shall be entitled to proceed against the Purchaser in any complement division of the Supreme Court of South Africa.
11. Should the Purchaser delay the commencement of completion of the installation for any reason, the Seller shall be entitled to increase the
agreed amount by an amount equivalent to the increase in the cost of materials and labour, for which the Purchaser shall be liable.
12. Notwithstanding anything to the contrary herein contained, in the event of the Seller considering in the Seller’s sole discretion, which decision
must be stated within 45 days from date hereof, that the Purchaser is not creditworthy\, the Seller shall be entitled to revile from this contract,
which shall thereupon be null and void.
13. The Purchaser will provide the necessary facilities for the Sellers workmen in executing the Contract.
14. The Purchaser hereby chooses domicilium citandi et executandi for all purpose’s incidental to, or arising out of this contract at the address given
on the reverse side hereof.
16. All installations undertaken by the Seller are done on the condition that the timber work on the structure for
the said installation. Replacement of timber will be for the Purchaser’s account.
17. All references to the Seller shall mean RAINBOW SEAMLESS GUTTERS
18. 1 The COMPANY undertakes to do the work:
A in a manner which the COMPANY in its sole discretion deems the best method under the circumstances;
B in a reasonable and diligent manner;
2 The COMPANY may in its sole discretion trim or remove any plants or any other obstructions.
3 The COMPANY will in it sole discretion:
A install the guttering as level as possible in the circumstances;
B change down pipe positions to suit run-off;
C install additional down pipes if necessary to accommodate run-off at an additional cost for the CUSTOMER.
19. If indicated on the front hereof that this agreement is subject to the CUSTOMER obtaining finance the CUSTOMER undertakes to obtain
finance for the total contract price form a recognized financial institution and written confirmation from such institution will be deemed prima
facie proof that such finance has been obtained. The COMPANY undertakes to assist the CUSTOMER as far as possible in obtaining the
finance. Notwithstanding anything to the contrary herein the COMPANY may in its sole discretion finance the contract price or any part thereof
on the same terms and conditions that would have applied if any recognized financial institution had granted the finance and in such event it
shall be deemed that the suspended condition has been fulfilled.
20. The COMPANY hereby reserves the right to unilaterally cancel this agreement on written notification to the CUSTOMER without any legal
consequences for the COMPANY.
21. The COMPANY may, without waiving its common law remedies, claim from the CUSTOMER damaged in an agreed and liquidated sum
calculated at 25% of the contract price should the CUSTOMER fail to co-operate to give effect to this agreement or fail to comply with any
obligation hereunder.
22. If in the execution of the work the COMPANY should in its absolute and sole discretion feel that the building or any portion thereof, whether by
reason of inferior brickwork, plaster or timber or any other reason whatsoever, is not suitable for the fixing of Rainbow Seamless Gutters aluminum
guttering, the COMPANY may insist that the position be remedied by the CUSTOMER at the latter’s expense and in the event of the CUSTOMER failing to do so within 7 (seven) days after receipt of written notification from the COMPANY to this end this effect the COMPANY may remedy the position at the expense of the CUSTOMER or may in its discretion except such refusal or failure as repudiation.
23. The commencement date stated on the front hereof is an anticipated commencement date. The COMPANY shall so it’s best to commence with the work on the commencement date but failure to perform timeously will not constitute any grounds for cancellation.
24. Unless stated otherwise on the front hereof the contract price is payable in cash on completion of the work.
The work will be deemed completed upon the COMPANY rendering a statement to the CUSTOMER. Interest on the monies outstanding will be charged at 5% per
annum above the highest prevailing overdrafts rate of FNB at the time the monies fall due for payment.
25. The COMPANY will be deemed to have duly fulfilled its obligation hereunder unless it has received written notification of any defects within ten
(10) days of the rendering of the account referred to.
26. The cost of any scaffolding needed by the COMPANY shall before the account of the CUSTOMER.
27. This quotation is valid for 30 (Thirty) days only.
28. If the installers find that the work is unworkable the COMPANY has the right to cancel the agreement.
29. Once the deposit is paid, a team is allocated and cost apply, should there be an cancelation, or major alteration/ Color / Size changes an overheads charge for that team will be deducted from the deposit.
30. Installation and installation duration can be affected by material availability, staff availability and weather. In these conditions may prolong or shorten installation date.
31. Same Seamless Gutters might have been cut in order to facilitate installation if access to the area is restricted in any way all joints will be covered under the warranty.
32. If water remains standing in gutters due to the angle of the roof solution can be to provide an addition downpipe at that position otherwise the water remain in the gutters, our gutters can not fix roofs and our solution is to that is to add an addition downpipe.
33. It is the clients responsibility to notify Rainbow Seamless Gutters which power supply at no additional costs to Rainbow Seamless Gutters to use. (Eskom, Solar, Generator)
34. We are not responsible for any loss or damage to solar power system if electricity is supplied for our machine operations. Generator is supplied if client prefer.


Ready to Add Value

Your property is a long term investment, let Rainbow Seamless Gutters add value to your investment, your property.