K.E.S. charge an inspection fee to do a full report on your property and only once the inspection fee is paid we will forward the quotation and report to obtain a valid compliance certificate.

K.E.S. will not issue the compliance certificate until payment is made in full or an arrangement has been made with K.E.S which such arrangement has been accepted by K.E.S. in writing.

K.E.S take utmost care in their workmanship and offer 6 month guarantee on all their work.

Materials used will be covered by the supplier of the manufacturer. K.E.S. passes onto the Customer all conditions and benefits of its guarantees with its suppliers. In most cases the Supplier will, at its expense and through K.E.S, make good any defects in material and workmanship of its products under proper use and within its guarantee, being six (6) months from the date of delivery from K.E.S to the Customer. Liability is limited to the repair or replacement of the product, at the discretion of the Supplier, and this liability specifically excludes injury or consequential damage to other equipment or production losses or penalty claims no matter how caused. Such repair or replacement shall take place at the premises of either the Supplier, or K.E.S, as required by the Supplier. The Customer shall not be entitled to cancel the contract by virtue of any defects occurring in the goods.

1. DEFINITIONS

1.1 In these conditions:

1.1.1 “K.E.S.” shall mean Kommetjie Electrotech (Pty) Ltd Registration number: 2018/290376/07;

1.1.2 “The Customer” shall mean the person, firm, association, company or close corporation requesting the Services and or Goods from K.E.S;

1.1.3 “The Quotation” shall mean K.E.S.”s quotation form which is completed at or about the time an enquiry is received from the Customer;

1.1.4 “The Goods” shall mean the goods supplied to the Customer and remain the property of K.E.S until fully paid for.

2. CONSTITUTION OF CONTRACT

2.1 The particulars endorsed on the quotation read with these conditions of sale shall constitute the contract between K.E.S. and The Customer.

2.2 The Customer’s acceptance of the quotation shall be conveyed to K.E.S by way of acceptance of the quotation online and via email together with the payment of the 70% deposit being paid by the Customer by way of EFT into the bank account of K.E.S.

2.3 These conditions constitute the sole agreement between the parties and the Customer acknowledges that it did not enter into the agreement as a result of any oral statements, recommendations, figures, advice, specifications, price quoted, acceptances, representations or warranties of any kind whatsoever, save and except as specifically set out in the quotation and herein.

2.4 K.E.S. reserves the right to carry out changes and amendments to any of the terms contained herein, subject to reasonable notice thereof having been given to the Customer in writing.

2.5 By accepting the quotation, the Customer acknowledges that it has read and understands the terms, conditions, notice periods and disclaimers contained herein and agree to be bound thereby.

3. QUOTATIONS & PAYMENT

3.1 Prices quoted are valid for a period of 30 (thirty) calendar days from date of issue. The price quoted may however be subject to increase, due to circumstances beyond the control of K.E.S, which will be conveyed to the Customer.

3.2 K.E.S shall provide goods and/or services as set out in the quotation, unless otherwise varied upon agreement between the parties and reduced to writing. Any variations requested by the Customer after acceptance of the quotation may result in additional expenses, the cost of which shall be borne by the Customer.

3.3 A minimum deposit of 70% of the quoted sum is payable on acceptance of the quotation.

3.4 Although K.E.S. endeavors to ensure that the prices reflected in the quotation are correct, it will not be bound to any price that contains an inadvertent and/or obvious error.

3.5 All payments must be made directly to K.E.S by way of EFT:
BANK: FIRST NATIONAL BANK (FNB)
BRANCH: LONGBEACH MALL
ACCOUNT NUMBER: 628 444 622 92
BRANCH CODE: 260 300
REFERENCE: PLEASE USE QUOTATION OR INVOICE NUMBER

3.6 Progress payments, for project related work, must be made at each stage of the installation. A written quotation will be submitted to the Customer setting out the payment schedule.

3.7 If any payment is not made on the due date the Customer shall forfeit any discount allowed to it and the full purchase price shall then become due, owing and payable.

4. CALL OUTS

4.1 In the event of a call out, during hours: 8:00 – 17:00 Monday – Friday, an initial fee of R 690.00 (Six hundred and ninety rand), excluding VAT, will be levied for the first hour of service and thereafter at an hourly rate of R 600.00 (six hundred rand), excluding VAT, or part thereof will apply.

The aforementioned fee excludes any materials used.

4.2 The initial fee must be paid via eft upon K.E.S.’s electrician’s completion on site. Any additional fees are due and payable upon receipt of the invoice from K.E.S. All goods remain the property of K.E.S. until paid for in full.

5. WORKS

5.1 K.E.S. reserves the right to refuse the provision of goods and/or services until the full deposit as well as the signed quotation and conditions of trade have been received. The Customer agrees that it will not hold K.E.S liable for any loss or damage, of whatsoever nature, suffered occasioned by the Customer’s failure in timeously furnishing K.E.S with the aforementioned deposit and signed documentation / acceptance.

5.2 K.E.S undertakes to furnish the Customer with the goods as set out in the quotation and will advise the Customer should any of the goods be superseded, replaced, discontinued or otherwise become unavailable. K.E.S however reserves the right to provide the Customer with alternative goods of a comparable quality, at prevailing prices to those ordered by the Customer. The Customer by approving such goods will have accepted that it will be provided in substitution of the goods originally quoted.

5.3 It is the responsibility of the Customer to arrange and appoint any other specialists that may be required to complete any further work . The Customer acknowledges that K.E.S. is an electrical company and does not do plastering, painting, cosmetic work, carpentry, tiling, waterproofing or anything such related work that is not electrical work.

5.4 If the Customer is not on site, K.E.S. will endeavour to contact the Customer in order to inform it of any goods and/or services exceeding those that have been agreed upon in the Quotation.

6. CANCELLATION & SUSPENSION OF DELIVERIES

6.1 K.E.S, reserves its right to, impose a cancellation fee in the event of the Customer’s cancellation of services and/or goods after acceptance thereof.

6.2 If any amount due and payable by the Customer to K.E.S is in arrears, K.E.S. shall have the right, until such amount has been paid, to suspend any deliveries under this and/or any other contract then in force between K.E.S and the Customer.

7. OWNERSHIP

7.1 All goods remain the property of K.E.S. until paid for in full. The Customer acknowledges that it shall be liable for any loss sustained by K.E.S. due to the Customer’s failure to secure the goods after delivery. The Customer acknowledges that it shall be responsible for the full replacement value of the goods and shall reimburse K.E.S within 1 day from date of invoice.

7.2 The Customer is not entitled to sell or dispose of any unpaid goods without the prior written consent of K.E.S.

7.3 Unless otherwise agreed in writing between the parties, all surplus materials remain the property of K.E.S.

8. DISCLOSURE/PRIVACY OF INFORMATION

8.1 The Customer agrees for K.E.S. to:

8.1.1 Furnish K.E.S with the all personal information requested by K.E.S in order to assess the credit worthiness of the client, which information may include but is not limited to identity number of the Customer and/or directors/members if the client is a juristic person. K.E.S reserves its rights to withhold the provision of services until such time as it receives the aforementioned personal information;

8.1.2 obtain from a credit reporting agency a credit report containing personal credit information in order to verify the Customer’s credit worthiness;

8.2 K.E.S confirms that all personal information collected shall be confidential and will only be disclosed:

8.2.1 In order to comply with applicable law or with legal process served on K.E.S. 8.2.2 In order to protect and defend the rights or property of K.E.S;

8.2.3 With employees and/or third parties who assist K.E.S. in providing services to the Customer and thus require The Customer’s personal information in order to render a proper and efficient service. K.E.S will ensure that all such employees and third party service providers, having access to The Customer’s personal information, are bound by confidentiality agreements.

9. LIMITATION OF LIABILITY

9.1 K.E.S , to the extent allowed by law, shall not be liable for any loss, harm and/or damage, of whatsoever nature, suffered by the Customer if the aforesaid, which may include but is not limited to:

– 9.1.1 Results from the Customer’s failure to adhere to usage, installation and/or warning instruction furnished by K.E.S;
– 9.1.2 Results from the Customer’s failure to advise K.E.S. about existing or previous difficulties or defects in respect of an existing installation. K.E.S. cannot be held liable for any additional repairs/maintenance when working on part of the installation. The Customer acknowledges its responsibility to advise K.E.S thereof as K.E.S may not be able to identify such issues due to the nature of electrical installations;
– 9.1.3 is beyond the reasonable control of K.E.S.
– 9.1.4 K.E.S. will not take responsibly or be liable to any prior installation that was not carried out by K.E.S.

10. BREACH

10.1 Should the Customer:
– 10.1.1 Fail to pay any amount due under this or any other contract on due date thereof;
– 10.1.2 Allow any judgement against him/it to remain unsatisfied for (7) days;
– 10.1.3 Commit any act of insolvency or enter into a compromise with their creditors;
– 10.1.4 Be placed under provisional or final liquidation or judicial management or voluntarily surrenders his estate;

K.E.S. shall, without prejudice to and in addition to its other legal remedies be entitled to, give the Customer notice to rectify such breach within 7 (SEVEN) days and if not so rectified within the aforementioned notice period elect to cancel the agreement or any unfulfilled part thereof and claim payment of the full price or the balance thereof as the case may be.

10.2 In the event of the Customer obstructing K.E.S. in the process of removing its goods from the Customer’s property, thereby necessitating the obtaining of a Court order, K.E.S. shall be entitled to obtain an award of costs against the Customer on a punitive scale.

11. DISPOSAL OF PARTS

Customers are required to specify whether they require the return of any old part(s) after completion of the repair or replacement.

12. DOMICILIM

12.1 The client accepts as it domicilium citandi et executandi (service address) for all purposes hereunder the address as set out in the quotation.

13. LEGAL COSTS

13.1 In the event of K.E.S instructing its attorneys to recover money or the goods from the Customer, the Customer shall be liable for and pay all legal costs incurred by K.E.S. which such costs fall within those legally allowable and including collection commissions within the legislative requirements of South Africa.

14. JURISIDCTION AND INTERPRETATION

14.1 The contract shall be interpreted according to the laws of the Republic of South Africa.

14.2 The Customer consents to the jurisdiction of the Magistrate’s Court of the district of Cape Town.

14.3 The Customer agrees that no indulgence whatsoever by K.E.S. to enforce any of rights in terms of this agreement shall constitute a waiver by K.E.S. in respect of any of the rights contained herein. Under no circumstances will K.E.S. be prevented from exercising any of its rights in terms of this agreement.

14.4 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.