Cape Decking Home Renovations & Solar (PTY) LTD – Terms & Conditions
For the purposes of this document, Cape Decking Home Renovations & Solar (PTY) LTD is hereinafter referred to as “the Company.”
These Terms and Conditions govern all quotations, installations, products, and services supplied by the Company. By engaging our services or using our website (www.cape-decking.co.za), you agree to these Terms. If you do not agree, you must discontinue use immediately.
1. Scope of Work, Installation & Maintenance
The Company provides construction, renovation, improvement, and maintenance services, including but not limited to timber structures, decking, painting, solar installations, plumbing, electrical work, tiling, and other building-related services.
All installations and materials are subject to wear, weather, movement, and environmental factors beyond our control. Regular client maintenance is required to preserve installations. The Company cannot be held liable for deterioration, cracking, fading, corrosion, or other effects caused by natural or environmental conditions. If maintenance services are requested, these are quoted separately. Any work by third-party contractors remains their own responsibility.
2. Limitation of Liability & Third-Party Services
The Company, its directors, employees, and affiliates shall not be liable for any damages, defects, or losses arising from any service or product, except where required by law. Certain work may be outsourced to independent third-party contractors. By accepting our quotation, you acknowledge and agree that any guarantees, workmanship issues, damages, or claims resulting from such work are the sole responsibility of the respective contractor. Engagement with such contractors constitutes a separate contractual relationship between you and the contractor. The Company assumes no responsibility for the conduct, timeliness, or quality of third-party work and shall not be a party to any disputes between you and the contractor.
3. Reviews, Communications & Defamation
We strive for excellent workmanship and service. However, reviews or public comments that are false, misleading, or defamatory—including those that attribute responsibility for third-party errors to the Company—may result in legal action.
We welcome feedback provided constructively and directly to our management team for resolution.
4. Quotations, Acceptance & Variation Orders
All quotations are valid for 14 days from issue. Prices are based on current material costs and our existing schedule. Acceptance beyond this period may result in price adjustments.
Upon acceptance of a quotation, it will be converted into an invoice. The invoice is valid for 7 days from the invoice date, during which the required deposit must be paid to secure the project at the quoted price and preferred installation dates. Failure to pay within this period may result in price adjustments or loss of the secured installation schedule. To secure your project at the quoted price and preferred dates, please confirm acceptance before expiry.
For security purposes, banking details will only be shared upon written acceptance of the quotation. Clients are advised to verify banking details by telephone before making payment to prevent fraud.
Any changes, modifications, additions, or variations to an approved quotation or to work already in progress must be requested by the client in writing via a formal Variation Order (also referred to as a Change Order). Verbal requests for changes will not be actioned until confirmed in writing.
A Variation Order must clearly detail the requested change, and Cape Decking will assess and provide a written quotation for any additional costs arising from such variation. Additional costs may include, but are not limited to:
– Additional labour hours or specialised labour
– Additional materials or upgraded materials
– Additional transport, delivery, or logistics costs
– Additional equipment or machinery hire
– Additional time required causing schedule adjustments
– Administrative costs associated with the variation
– Any third-party contractor costs arising from the change
No variation work will commence until the client has received, reviewed, and provided written acceptance of the Variation Order quotation, and any required additional deposit or payment has been received in full. The original quotation price remains fixed only for the originally agreed scope of work. All variations are charged separately and in addition to the original quotation amount.
Alterations to approved work may affect scope, cost, and timelines, and the Company reserves the right to adjust project completion dates accordingly. The client acknowledges that changes requested after work has commenced may result in higher costs than if the same changes were requested prior to commencement, due to potential rework, material wastage, or scheduling disruptions.
Refunds, where approved, will exclude all incurred costs such as labour, materials, administration, third-party expenses, and any costs associated with approved or partially completed variations.
5. Delays & External Factors
The Company shall not be liable for delays caused by supply chain disruptions, load-shedding, adverse weather, transport delays, or any other events beyond our control. Should such delays extend a project, we reserve the right to amend the final invoice to reflect any cost changes from suppliers.
6. Planning, Permissions and Legal Compliance
The client acknowledges that it is their sole responsibility to obtain all required municipal approvals, building plan approvals, neighbour consents, body corporate permissions, zoning clearances and any other statutory permissions required for the project. Cape Decking shall not be responsible or liable for securing such approvals and shall not be held liable for any delays, enforcement actions, compliance notices, fines or demolition orders arising from failure to obtain the necessary permissions. Where requested, Cape Decking may provide referrals to independent architects or planning professionals, which the client may appoint at their own discretion and cost.
7. Warranties & Guarantees
Cape Decking does not manufacture, supply, or directly perform installation services. All products, materials, and installation work are outsourced to independent third-party suppliers, contractors, and service providers. Accordingly, Cape Decking does not offer or provide any warranties or guarantees of its own.
Any warranties or guarantees applicable to products, materials, or workmanship are those provided directly by the relevant third-party manufacturer, supplier, or contractor, and remain subject to their specific terms, conditions, and limitations. The client acknowledges that warranty claims must be directed to and resolved with the applicable third party, and Cape Decking acts solely as a facilitator in referring such claims where reasonably possible.
Cape Decking makes no representations or warranties, express or implied, regarding the quality, performance, durability, or fitness for purpose of any products, materials, or services provided by third parties. Where warranty information is communicated by Cape Decking, this is done on a goodwill basis for the client’s convenience and does not constitute an assumption of liability or warranty obligation by Cape Decking.
The client is advised to obtain and retain all warranty documentation directly from manufacturers, suppliers, and contractors, and to familiarise themselves with the terms and claim procedures of any applicable warranties.
8. Indemnity
By using our services, you indemnify and hold harmless the Company, its owners, and staff from any claims, damages, or expenses (including legal fees) arising from your actions, breach of these terms, or third-party issues.
You are responsible for ensuring appropriate site access, security, and insurance for all materials and tools left on-site.
9. Risk, Access & Insurance
Risk for all materials, fixtures, and equipment on-site transfers to the client upon delivery. The client must ensure safe storage and adequate insurance cover. The Company is not responsible for theft, vandalism, or damage to materials or structures once delivered or installed.
10. Payment Terms
Work begins only after payment of the required deposit. The remaining balance is due immediately upon completion unless otherwise agreed in writing. Late or withheld payments may result in suspension of work, withheld materials, or cancellation of the project.
Overdue accounts (after 7 working days) will be referred for debt collection. All legal and administrative recovery costs will be billed to the client. In the event of project cancellation after commencement, all incurred costs (labour, materials, transport, admin, or third-party charges) will be deducted from any refundable amount.
11. Cancellation, Custom Materials & Non-Refundable Work
Once a client has accepted a quotation and work has commenced, all materials used are considered custom to the installation. These may include wood, screws, solar components, concrete, stone, steel, or other materials that are cut, drilled, poured, adjusted, or otherwise modified to fit the specific project. Such materials become non-reusable and of no commercial value once installed or prepared, and cannot be refunded if the installation is cancelled or removed. Labour already performed, fuel, transportation, material handling, delivery, or machinery hire are all non-refundable under any circumstances, as these are service-based costs that cannot be recovered.
If a client requests refund of and/or the removal of a completed or partially completed installation, this will be subject to a separate removal quotation covering associated labour, transport, possible machinery hire, and the safe collection or disposal of materials. Timelines for such removal are subject to mutual written agreement and full prepayment of the quoted removal fee. This removal service is subject to availability and discretion. The Company reserves the right to decline providing such a removal service or quotation and may permit the client to appoint an alternative contractor. The Company will not be held responsible for any damage, alteration, or permanent change to buildings, ground, or structures surrounding the installation, including but not limited to holes drilled, fastenings made, or foundation work performed before or after an installation or removal. It is to be expected the area cannot be returned to the previous state or condition it was in prior to installation or removal. Where any foundation work (such as concrete footings or cement slabs) has been installed, this may require highly labour- or cost-intensive removal and will only be undertaken upon acceptance of a removal quotation. If you decline this quotation, you may appoint a third-party contractor to perform the removal; however, no removal of any structure or materials may take place by any party if there is an outstanding balance on the original invoice.
11A. Refunds, Credit Notes and Repayment Terms
Where the Company agrees in its sole discretion to issue a refund or credit note, the following terms and conditions shall apply:
The Company reserves the right to take up to 90 (ninety) calendar days from the date of approval to process and pay any refund or credit note amount. The actual timeframe for repayment will depend on the nature and circumstances of the refund request, the amounts involved, and the Company’s operational and financial position at the time.
All refunds and credit notes are subject to deduction of costs already incurred by the Company. This includes, but is not limited to:
– Labour costs (whether by Company employees or third-party contractors)
– Materials purchased, prepared, cut, or customised for the project
– Transportation, delivery, and logistics costs
– Equipment or machinery hire charges
– Administrative and processing costs
– Any payments already made to suppliers, manufacturers, or third-party contractors
– Bank charges, transaction fees, or payment processing costs
– Any other direct or indirect costs reasonably incurred in connection with the project
The client acknowledges that in many cases, the Company has already paid suppliers, manufacturers, or third-party contractors for materials, services, or labour in advance. Where this is the case, the Company is dependent on receiving refunds or credits from those third parties before being able to refund the client. The Company shall only be obligated to refund amounts to the client once the Company has itself received cleared funds from the relevant third parties. This may result in delays beyond the Company’s control, and the client agrees that the Company shall not be liable for any such delays.
The amount refundable to the client will be calculated as:
Total amount paid by client, LESS all costs incurred (as outlined above), LESS any non-refundable deposits or fees, LESS any administrative processing fee (if applicable).
In some circumstances, depending on the extent of costs already incurred, the refundable amount may be reduced to zero, or the client may remain liable for outstanding costs even after any credits are applied.
The Company will endeavour to process refunds as quickly as reasonably possible, but the client acknowledges and agrees that:
– The 90-day period is a maximum timeframe, not a guaranteed timeframe
– Refunds may be processed in parts or instalments as funds become available from third parties
– The Company may prioritise repayment based on the size of the refund, with smaller amounts processed first where operationally feasible
– The Company is under no obligation to use its own working capital or credit facilities to expedite refunds where third-party reimbursements are pending
All refund and credit note requests must be submitted in writing, clearly stating the reason for the request, the amount claimed, and supporting documentation where applicable. The Company will assess each request on a case-by-case basis and is under no obligation to approve any refund or credit note request.
Once a credit note is issued, it may be used against future invoices with the Company, subject to expiry terms stated on the credit note (if any). Alternatively, if a cash refund is approved, payment will be made via electronic funds transfer (EFT) to the bank account from which the original payment was received, or to an alternative account nominated in writing by the client.
The client waives any right to claim interest, damages, or compensation for any delay in processing refunds or credit notes, provided the Company acts in accordance with these terms.
No refund or credit note shall be issued where the client is in breach of any term of this agreement, including but not limited to failure to obtain necessary approvals, interference with the scope of work, or failure to provide site access.
13. Uninstallation and Removal of Installed Works
Once Cape Decking or any third-party contractor appointed by Cape Decking has partially or fully installed any construction, structure or related works, Cape Decking shall not be obliged or required to remove or uninstall such works at the client’s request unless all outstanding amounts for the original installation have first been settled in full; thereafter, a separate written quotation will be issued for the removal, and only upon written acceptance and full payment thereof will such removal be undertaken, and Cape Decking shall not be held liable for any damage, structural changes, ground instability, building integrity issues, or the condition of any surface, structure or area following removal, as reinstatement, stabilisation or remedial works may be required at the client’s own cost.
14. Use of References, Photos & Marketing
By engaging our services, you grant the Company permission to use non-identifying project photos or references for marketing unless you request otherwise in writing.
15. Communication & Contractual Validity
All agreements, instructions, or variations must be in writing to be valid and enforceable. Verbal agreements are not binding unless confirmed in writing by both parties.
16. Health & Safety Compliance
The client agrees to provide a safe and secure working environment. The Company reserves the right to halt work if unsafe conditions are identified or if health and safety standards are compromised. All safety-related delays will be treated as client-caused delays.
17. Ownership Retention
All materials, products, and installations remain the property of the Company until full payment is received. Should payment default occur, the Company reserves the right to remove or recover such items without liability for restoration of the original condition.
18. Force Majeure
The Company shall not be liable for any delay, loss, or failure to perform caused by circumstances beyond its reasonable control, including but not limited to strikes, lockouts, fire, flood, storms, natural disasters, or governmental actions. Project timelines may be adjusted accordingly without penalty.
19. Privacy & Data Protection
The Company complies with South Africa’s Protection of Personal Information Act (POPIA). Client data is collected only for quotation, invoicing, and communication purposes. Information is not shared or sold to third parties except as required by law or to complete contractual work.
20. Governing Law & Dispute Resolution
These Terms are governed by South African law. Disputes must first be referred to mediation before any legal action. Should litigation be necessary, jurisdiction shall lie with a court of competent jurisdiction in South Africa.
21. Client Interference & Scope Integrity
If the client, their representative, or any person acting on their behalf becomes involved in any aspect of the work being carried out—whether by providing labour, tools, materials, instructions, or by performing any function ordinarily undertaken by the Company or its subcontractors—this shall be deemed to alter the original project scope.
Such involvement may affect the performance, quality, and timeline of the project and therefore voids any warranties, guarantees, or workmanship assurances provided by the Company.
No reduction, discount, or withholding of payment shall be permitted in such circumstances, as the work is no longer performed exclusively under the Company’s control. The Company will not be held responsible for any defects, damage, or delays arising from such client involvement or interference.
22. Updates to These Terms
The Company reserves the right to amend these Terms at any time without prior notice. Continued use of our services constitutes acceptance of the latest version.
23. Comprehensive Policy Reference
For full details, exclusions, or clarifications, please refer to the full Terms and Conditions available at www.cape-decking.co.za.
For any inquiries, please contact us at www.cape-decking.co.za. By proceeding, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
