TERMS AND CONDITIONS –
In addition to the terms and conditions of the use of the Builders website, by ordering glass cutting services on the Builders website, you hereby agree to the following additional terms and conditions.
Builders a division of Massmart Retail (Pty) Ltd offers glass cutting services to its Customers. In this regard, Builders is not a subcontractor or an installer and offers the glass cutting services in respect of all types of glass including windows, glass sheets, glass doors and like glass products. Builders does however, have its own approved installers for installation purposes.
Should the Customer require installation of any sort for the glass that has been cut, the Customer shall pay for all installation fees quoted and will proceed to sign all further documentation required in respect of the installation with such installer.
Should the Customer wish to have the glass that has been cut installed by a Builders approved installer, Builders shall arrange for an installer to provide the installation services on request from the Customer. All installation is quoted at an approved rate with such installers.
The price stated is based on the details and measurements requested by the Customer and based on the available glass cutting services as advertised on the website. The website offers the Customer a calculator to assist in measurements for the product. The calculator is to be used as a guide on product recommendations only and will be based on the information provided at the time of the quote.
Cutting and installation fees which are not specified in the stated price and are not included in the price stated will result in an additional cost being charged to the Customer.
By accepting and clicking on the link to which these terms are attached, the Customer hereby accepts these terms and conditions.
Once the Customer has accepted these terms and conditions the order will be placed.
Builders will not be liable for any incorrect measurements and sizes selected by the Customer and the Customer is urged to ensure that all measurements are correct before placing the order. Should the above occur, the Customer hereby indemnifies Builders and/or the installer and keeps Builders and/or the installer indemnified against any loss and/or damage experienced by the Customer or any third party. The website offers the Customer a calculator to assist in measurements for the product. The calculator is to be used as a guide on product recommendations only and will be based on the information provided at the time of the quote. It is the Customer’s responsibility to adhere to the all glass regulations, including but not limited to SANS10400-N (the application of the National Building Regulations Part N:Glazing, SANS10137 (the installation of glazing in buildings) and SANS1263-1 (safety and security glazing materials for buildings – Part 1: Safety performance of glazing materials under human impact). The Customer hereby indemnifies Builders and/or the installer and keeps Builders and/or the installer indemnified against any loss and/or damage experienced by the Customer or any third party from a failure to comply with the necessary regulations as aforementioned or as required by Law.
The glass cutting service will only commence on receipt of payment of the full purchase price.
The installation costs are to be paid in full by the Customer prior to Builders requesting the installation.
Builders provides the glass cutting service in accordance with the Customer’s specifications to meet the Customer’s specific requirements and the glass cutting service is therefore considered special order goods. Any orders that are cancelled prior to the glass cutting service having commenced will be subject to a 10% (ten percent) cancellation fee; however, once the order has begun or has been completed, the cancellation fee will be equal to the value of the service as stated, paid and agreed for.
It will take between 2 (two) to (four) business days from order confirmation for the glass to be cut according to the specifications provided by the Customer or such shorter time as may be communicated by Builders to the Customer from time to time. Completed orders are to be collected by the Customer and no deliveries will be completed for any glass products. The time for installation of the glass, should the Customer request installation services, shall be communicated by the installer to the Customer. Builders shall advise the Customer accordingly should the above lead times not be available at time of receipt of the order by the relevant Builders department.
Upon collection or delivery, the Customer or its appointed representative must examine the glass to ensure that it complies with the material specification of the order. Builders’ collection note/delivery note will need to be signed on collection to confirm this, by a person authorised to sign same.
After collection the Customer must immediately cover, protect and make the necessary arrangements to have the glass suitably stored and/or covered to avoid breakage, cracks and/or damage. Neither Builders, nor the installer, shall be liable for any loss or damages caused to the glass after collection by the Customer.
Risk in and to the glass passes to the Customer on collection.
Where a Customer has utilised a Builders approved installer, at completion of the installation, if the Customer is satisfied with the work completed, the Customer must sign a letter of satisfaction confirming that he/she/it is satisfied with the work done. If the Customer is not satisfied with the work at date of completion, this must be communicated to the installer immediately and the installer will attend to the complaints of the Customer immediately or as soon as reasonably possible.
Builders’ warrants that the glass cutting services will be provided in accordance with applicable law, subject to these terms. This warranty does not cover damage resulting from factors beyond Builders’ and/or the installer’s control, including floods, heavy rain, riots, strikes, war, acts of terror and including elements of nature causing damage to the glass (“force majeure event”), as well as any external causes or Customer abuse or negligence. Should a force majeure event arise, Builders shall notify the Customer without delay and the Parties shall meet within 7 (seven) calendar days of such notice to negotiate in good faith alternative methods of fulfilling its obligations in terms hereof, if any. In addition, Builders and/or the installer shall continue to provide the glass cutting and/or the installation services, and the Customer shall continue to pay for that not affected by a force majeure event. Should either Builders and/or the installer be unable to fulfil a material part of its obligations under these terms and conditions and any terms and conditions of the installer, for a period in excess of 30 (thirty) calendar days due to circumstances of force majeure, the Customer may at its sole discretion cancel this Agreement forthwith by written notice.
The warranty will not apply if the Customer does not install, use or care for the glass in accordance with Builders’ instructions or if the glass is used for a purpose other than what it was designed and manufactured for.
In the event of alleged defect, the Customer is requested to contact our customer contact centre immediately on 0860 284 533.
Unless the law provides otherwise, Builders will not he held liable for any loss or damage, including consequential and economic loss, or injuries arising out of the cutting and where applicable, installation of the glass and/or the use of the glass or any element of this agreement.
These terms and conditions constitute the entire agreement between the parties. No addition to or variation, consensual cancellation or novation of these terms and conditions and no waiver of any right arising from these terms and conditions or their breach or termination shall be of any force or effect unless reduced to writing and signed by Builders, the Customer and the installer or their duly authorised representatives.