Terms & Conditions
The Client appoints ALUCORE GROUP (PTY) LTD with registration number 2014/273456/07 (“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 ALUCORE GROUP (PTY) LTD accepts.
DEFINITIONS:
1.1 “Agreement” means the Agreement between the parties regarding the Project as embodied herein, read
with the Quote, Scope of Work, and any Special Conditions.
1.2 “Contractor” or “Alucore” means ALUCORE GROUP (PTY) LTD, a company incorporated within the Republic
of South Africa.
1.3 “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;
1.4 “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;
1.5 “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;
1.6 “Invoice” means a valid tax invoice issued in terms of and complying with the VAT Act of the Republic of
South Africa;
1.7 “Project” means the building project as more fully specified in the Quote, and/or the Scope of Work;
1.8 “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 accompanying documents and drawings, if applicable;
1.9 “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.
MATERIAL AND SERVICES
2.1 Alucore agrees to provide the Material and/or Services per, and within the time frame, as set out in the
Quote as read with these terms and conditions, as well as the Special Conditions.
2.2 By responding to the Quote in the affirmative, or through payment of the initial deposit (or any deposit)
the Client and Alucore will be deemed to have accepted and agreed to these terms and conditions.
DELIVERABLES: TIME OF THE ESSENCE
3.1 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
4.1 Once a Quote is accepted, Alucore shall generate an invoice.
4.2 Materials and services shall be specified on the Quote and shall include material/s, labour, glass and
aluminium installation and standard hardware (i.e. handles and hinges) unless stated differently.
4.3 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.
4.4 Unless included and provided for in the Quote, a Quote shall expressly exclude the following:
i) 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;
ii) exclude cleaning;
iii) exclude any entrance fees required to enter a site.
iv) any structural steel and/or supports that may be required (unless stated differently on Quote);
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v) 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);
vi) any electrical work.
4.5 Final measurements are to be taken by an employee of Alucore. If a Client insists on providing their
measurements, said Client will be required to do so in writing and expressly indemnify Alucore for any
additional costs incurred by Alucore should the Client’s measurements be inaccurate.
4.6 If it is required, and to provide a Quote, the Client shall provide Alucore with the following:
i) Building plans, design and window schedule;
ii) Physical address;
iii) Glazing specification;
iv) Aluminium finish (colour);
v) Aluminium section specification;
vi) Wind Load;
vii) U-Value;
viii) New Building/renovation;
ix) Plastered/Face brick.
4.7 If Client neglects or refuses to provide the values noted in point 4.6, default values and standard colours
will be used. Any changes to defaults used after manufactured and/or installed products will come at
additional costs.
4.8 The Client accepts and acknowledges the colour of the aluminium and glass upon acceptance of the
quotation. In the event that the aluminium and glass are cut, and the Client notifies Alucore of proposed
changes, the Client shall remain responsible for the cost of any glass and aluminium that is not salvageable
for the Project.
4.9 Unless specifically quoted, Alucore shall not be responsible for any demolition, building, or plasterwork. All
construction remains the sole responsibility of the Client.
4.10 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.
4.11 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.
4.12 Alucore shall be the sole contractor responsible for the Works, another contractor may only be appointed
with the written consent of Alucore.
GUARANTEES AND WARRANTIES
5.1 Alucore warrants that it has clear title to all Material furnished hereunder and that the same is being
delivered free and clear of any encumbrances.
5.2 Alucore warrants that the Services will be provided in a timeous, proper, and workmanlike manner.
5.3 Alucore further warrants that all Material and the Services shall conform to the Quotes specifications and
requirements.
5.4 Upon completion of the installation, Alucore provides the Client with a 12-month Contractors Warranty. A
Contractors Warranty shall be provided where the Client can provide a copy of this signed terms and
conditions document, and Alucore has been paid in full.
5.5 If a product has been tampered with by anyone other than Alucore or an Act of God (i.e. floods, earthquakes
etc.) occurs, the Contractors Warranty will be immediately void.
5.6 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.
5.7 The Client warrants that it shall provide Alucore with reasonable access to the site to complete the Works.
LEAD TIME
6.1 Lead times will be applicable when:
a. 60% 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.
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b. An employee of Alucore has taken final measurements.
6.2 Lead times range from 15 – to 20 working days. The installation date will be confirmed (“installation”) and
shall be confirmed once payment of the deposit has been received and allocated.
6.3 Any changes made to the design of products after accepting the quotation may influence lead times and
pricing.
6.4 Lead times will be influenced should the apertures be required to be set correctly for installation.
6.5 Lead times exclude contracts that include special powder-coated aluminium, double-glazing, special and
toughened safety glass, custom framed showers.
6.6 Lead times do not include the time acquired to complete the installation.
6.7 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’s a taxi, bus or train strike and/or
our employees are unable to attend a workday.
6.8 Lead times may be influenced due to the Suppliers of Alucore being out of stock or if their employees may
go on strike. Should Alucore 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.
PAYMENT
7.1 Client shall affect payment of the Contract Price as follow:
a) 60% of the Contract Price once the Quote is accepted.
b) 40% of the Contract Price once all products have been installed.
7.2 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 Alucore Terms and Conditions.
7.3 In the event that a Client neglects to provide Alucore 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.
7.4 Should the Client wish to terminate this Agreement after manufacturing having commenced, the Client shall
forfeit his/its entire deposit.
7.5 In the event that 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 20 calendar days. Interest shall be charged at 2% per month which accumulates to
24% per annum which can be charged on default payment.
7.6 Once Alucore has certified a project as complete, and notified a Client of such, a Client shall have no
retention on any remaining amounts due to Alucore. A Client shall immediate, and within a period of 24
hours, affect payment of the final 40% of the contract amount.
7.7 Notwithstanding any provisions of this Agreement, each party irrevocably waives any and all rights it may
have to set off, net, recoup or otherwise withhold or suspend payment between the Parties.
7.8 When the Works are substantially complete, Alucore will notify the Client in writing, who will within 5 (five)
business days, inspect the Works and provide Alucore 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.
7.9 Alucore shall have a period of no more than three months within which to remedy any faults or defects
noted on the Snag List.
7.10 Alucore reserves the right to withhold the Glazing Certificate and keys to the property until the Project is
paid in full.
7.11 All products manufactured and installed by Alucore will remain the property of Alucore until full payment
has been received. As a result, Alucore reserves the right to remove any and all items manufactured and
installed should full payment not be received when due. The Client expressly indemnifies Alucore, and it
will not be held liable for any damage or legal fees due to the removal of such items.
7.12 For the avoidance of doubt, until payment has been received in full, Alucore will exercise a builder’s lien
which exists against the Works.
7.13 If an installation is removed, the Client will remain liable for the outstanding amount and all damages and
costs.
7.14 Failure to affect payment may be regarded as a material breach of this Agreement, and Alucore may, in their
sole discretion, terminate this agreement and institute immediate legal action.
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7.15 In the event that a Client refuses, or in the alternate neglects to affect payment of the Contract Amount,
Alucore 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.
7.16 Should Alucore be forced to take legal steps against the Client due to the Client’s breach of any term hereof,
the Client shall be laible to pay the Client’s legal costs on an attorney-and-client scale, regardless fo whether
legal action is instituted or not.
7.17 The Client hereby consents in terms of Section 45(1) of the Magistrate’s Court Act No.32 of 1944 in respect
of any proceedings which may be instituted against it by Alucore arising out of or in connection with this
agreement to the jurisdiction of any Magistrate’s Court which at the time of the proceedings in question
has jurisdiction over the Client in terms of Section 28(1) of the said Magistrate’s Court Act. Notwithstanding
the foregoing, Alucore may in its discretion proceed in any other Court of competent jurisdiction.
INDEMNITY
8.1 Alucore will not be held liable for any loss or damage of/to any products, tiles, plaster work, paint work,
plumbing, paving, plants, grass or repair work required where old items have been removed and damage is
caused.
8.2 Alucore will not be held liable for any damage, should a client insist, against the advice of Alucore, on a door
opening direction (inward) that will cause water leakage.
8.3 Alucore will not take responsibility for leaking windows where construction is the cause (windowsills and
overhangs).
8.4 The Client hereby indemnifies Alucore regarding any liability for latent defects discovered beyond a period
of 12 months.
LIABILITY OF REPRESENTATIVE
9.1 In the event that the Client is a trust or a company or close corporation formed or to be formed, the person
representing such entity (“the Representative”), hereby agrees to bind himself as Surety for and on behalf
of and co-principal debtor in solidum with the Client for the due and punctual performance of all obligations
(including the payment) owed by the Client to Alucore in terms hereof.
9.2 The Representative understands that he will be bound by the same terms contained herein as the Client
and that this suretyship shall be a continuing suretyship, co-principal debtorship and guarantee, and shall
remain in full force and effect notwithstanding any fluctuation in or extinction for any period whatsoever of
the obligation.
9.3 For the purpose of this suretyship and any proceedings which may be instituted against the Representative
by virtue hereof, the Representative hereby chooses the principal place of business of the Client as his
domicilium citandi et executandi where all notices and processes may be effectively served and delivered
upon him.