Prepared by: JDS Projects (Pty) Ltd t/a JRK Wendys & Timber Projects

🌐 Website: https://jrk.co.za  📧 Email: sales@jrk.co.za  📞 Sales Hotline: 087 711 0089  📱 WhatsApp: 076 571 6977

TABLE OF CONTENTS

1. Definitions
2. Application Of Terms
3. Formation Of Contract
4. Warranty Policy
5. Conditions For Making A Warranty Claim
6. Recommended Maintenance For Longevity
7. Quotations
8. Orders
9. Payments
10. Right To Sub-Contract
11. Project Schedule
12. Risk Of Loss
13. Cancellation Of Order
14. Delivery
15. General
16. Liability And Dispute Resolution

TERMS AND CONDITIONS

This document constitutes a legally binding contract between JDS Projects (Pty) Ltd, trading as JRK Wendys & Timber Projects (“JRK”), and the Client. It sets out the terms and conditions, warranty provisions, payment terms, and other important information governing the sale, manufacture, delivery, and installation of timber buildings and associated services by JRK.
By entering into this agreement, both parties accept and agree to be legally bound by the provisions herein.

1. DEFINITIONS

For the purpose of these Terms and Conditions, the following definitions shall apply:

1.1. “JRK” refers to JDS Projects (Pty) Ltd t/a JRK Wendys & Timber Projects, a company duly registered and operating in the Republic of South Africa, including its directors, employees, subcontractors, agents, and authorised representatives.

1.2. “Client” means any individual, company, close corporation, trust, organisation, or other legal entity placing an order with JRK for Goods or Services, whether in their personal or representative capacity.

1.3. “Goods” refers to any timber products, structures, wendy houses, cabins, platforms, modular buildings, or components thereof, including any accessories, finishes, or fixtures supplied by JRK, and may include related installations such as plumbing, electrical works, or custom modifications.

1.4. “Services” means the design, manufacturing, delivery, assembly, and installation of Goods, as well as any site work or technical labour performed by JRK or its representatives.

1.5. “Contract” refers to the legally binding agreement formed between JRK and the Client once the terms of sale have been accepted, either in writing or by conduct, and includes all quotation documents, written correspondence, order forms, and these Terms and Conditions.

1.6. “Warranty” means the structural and workmanship guarantee provided by JRK, as specified in Section 11 of these Terms and Conditions, and subject to the exclusions and Client responsibilities stated therein.

1.7. “Installation” means the transport, assembly, and construction of the Goods at the Client’s designated site or premises, performed by JRK or its subcontractors.

1.8. “Completion Date” means the date upon which JRK declares installation complete and hands over the Goods to the Client, either verbally or in writing, regardless of whether cosmetic or minor touch-up work is still pending.

2. APPLICATION OF TERMS

2.1. These Terms and Conditions apply to all quotations, offers, sales, orders, deliveries, and services rendered by JRK to the Client, whether confirmed verbally, in writing, by email, or by conduct.

2.2. By placing an order, accepting a quotation, signing a work order, or making any form of payment to JRK, the Client confirms that they have read, understood, and accepted these Terms and Conditions in full.

2.3. These Terms shall override and supersede any conflicting terms proposed by the Client unless JRK expressly agrees to such amendments in writing and such changes are signed by an authorised director of JRK.

2.4. No employee, agent, or subcontractor of JRK is authorised to make oral representations or agreements that alter or vary these Terms. Any such statements shall not be binding unless confirmed in a formally signed written agreement.

3. FORMATION OF CONTRACT

3.1. A binding contract (“FORMATION OF CONTRACT Contract”) is deemed to have been formed between JRK and the Client upon the earliest of the following events:

• 3.1.1. The Client signs a quotation, order form, or similar acceptance document referencing these Terms and Conditions;
• 3.1.2. The Client makes a deposit or full payment and/or submits proof of payment to JRK by email, WhatsApp, or other written means; or
• 3.1.3. JRK begins manufacture, procurement, or delivery of Goods following written confirmation from the Client.

3.2. By performing any of the actions in Clause 3.1, the Client confirms full agreement with and acceptance of these Terms and Conditions.

3.3. The Contract becomes valid and legally enforceable at the time of acceptance, without requiring any further confirmation by JRK, and will govern the relationship between the parties throughout the project lifecycle.

4. WARRANTY POLICY

JRK Wendys & Timber Projects (“JRK”) is committed to delivering quality workmanship. The following warranties are offered in respect of products and services supplied directly by JRK. These warranties are non-transferable and subject to the Client’s strict compliance with all maintenance requirements.

04.1 Warranty Scope

4.1.1. This warranty applies only to defects arising from defective workmanship performed directly by JRK. It does not extend to components or materials sourced from third-party suppliers.

4.1.2. Materials not manufactured by JRK (e.g. doors, windows, roofing sheets, electrical or plumbing fittings) are used in good faith based on supplier standards. JRK provides no independent guarantee for these items, and the Client must lodge any claims directly with the relevant supplier or manufacturer, whose warranty terms shall apply.

4.1.3. The warranty shall be void if the defect arises due to:

• Misuse, neglect, or abuse of the structure;
• Unauthorized repairs, alterations, or installations;
• Inadequate or omitted maintenance by the Client;
• Acts of God or environmental factors beyond JRK’s control;
• External damage, tampering, or accidents post-installation.

04.2 Wendy-Style Structures – Workmanship Warranty

JRK provides a six (6) month limited workmanship warranty on the following standard products:

• Wendy huts and tool sheds;
• Guard huts and mini cabins;
• Partitioned wendy-style units.

This warranty covers structural workmanship and installation faults, subject to exclusions listed in Sections 04.1 and 06 (Maintenance & Care).

04.3 Log Home Range – Structural Warranty (3 Years)

JRK provides a three (3) year structural warranty for its timber log homes and larger residential units. This warranty covers the following:

• Load-bearing timber framework and external walls;
• Elevated base platforms and structural flooring;
• Roof framing (excluding cladding material);
• Foundation components, where installed by JRK.

Exclusions include:

• Modifications made by the Client;
• Ground movement, subsidence, or soil instability;
• Damage caused by weather disasters (storms, flooding, etc.);
• Improper maintenance, such as failure to seal exposed wood.

04.4 Roof Leak Warranty – 6 Months

JRK guarantees its roof installations against leaks for a period of six (6) months, provided:

• The roof remains free of third-party fixtures;
• The structure is used under normal residential conditions;
• The roof covering was supplied and installed by JRK.

Exclusions include:

• Impact damage (e.g. tree branches, hail);
• Leaks caused by external devices (e.g. solar panels, satellite dishes);
• 0.3mm zinc sheeting (see 04.15 below).

04.5 Minor Defect Liability – 3 Months

JRK will address minor workmanship-related defects reported in writing within three (3) months of final handover. Covered minor defects may include:

• Doors or windows sticking due to natural settlement;
• Cosmetic blemishes or small gaps in cladding or trim;
• Surface irregularities not affecting structural performance.

All minor defect claims must be submitted in writing and, where possible, supported by photographic evidence.

Natural Timber Movement Disclaimer

Timber is a natural material that expands and contracts in response to environmental factors such as temperature, humidity, and sun exposure. This may cause visible but harmless changes in appearance over time, including:

• Hairline cracks on the surface of timber boards;
• Small gaps between boards or planks;
• Minor warping or cupping of cladding or trims;
• Colour variations or drying marks.

These occurrences are not considered defects unless they result in:

• A safety hazard, or
• A structural failure affecting the function or integrity of the unit.

As such, non-structural cracks, surface splits, and minor movements caused by natural timber behaviour are excluded from warranty coverage.

🛈 Client Note: These natural timber changes are common and should be expected over time, especially in outdoor or semi-treated timber products. JRK uses quality, treated timber, but natural variations remain part of the material’s character.

04.6 Warranty Activation

4.6.1. The Client is required to inspect the Goods in the presence of JRK’s team on the day of installation, before the installation team leaves the site. This inspection must include all accessible components, including doors, windows, flooring, and cladding.

4.6.2. Warranty activation is contingent on this same-day inspection and the Client’s confirmation of satisfaction, whether:

• Signed on-site,
• Confirmed verbally in front of JRK’s team, or
• Confirmed in writing via WhatsApp or email on the same day.

4.6.3. In cases where the Client is not physically present at the time of completion, they must assign a responsible representative to perform the inspection and provide immediate feedback. Failure to do so will result in the structure being deemed accepted as-is, and any return visits for unresolved issues will incur a call-out and labour fee.

4.6.4. No warranty claims will be accepted for visible defects (e.g. sticking doors, finish blemishes, panel alignment) if those issues were not reported before the JRK team departed the site.

🛈 Important Note: Due to site distances and logistical costs, any remedial work required after site departure may be subject to fees. JRK reserves the right to schedule such work at its discretion.

04.7 Floor Sealant Requirement

4.7.1. Floor treatment is an optional service offered by JRK Wendys & Timber Projects at an additional cost. This service must be requested and quoted in writing prior to installation.

4.7.2. If the Client chooses not to include floor treatment in their order, they accept full responsibility for applying a suitable floor sealant or paint within 24 hours of handover.

4.7.3. Failure to treat the floor timeously will result in the floor warranty being void, including claims relating to:

• Water damage,
• Swelling or warping,
• Mould or rot,
• Discolouration or premature wear.

4.7.4. If the Client chooses to apply the treatment themselves, they must:

• Use a weather-resistant, exterior-grade sealant suitable for softwood timber flooring; and
• Follow the maintenance schedule outlined in Section 06.

🛈 Client Note: Exposed timber floors are vulnerable to moisture. Delays in sealing may lead to damage that is not covered under any warranty.

04.8 Proof of Maintenance Products

The Client must retain dated invoices or receipts for any weatherproofing or sealant products they apply. Such proof must be submitted with any warranty claim related to deterioration or moisture ingress.

04.9 Fraudulent Claims and Improper Purchases

Purchases made directly from JRK staff without an official company invoice will not be recognised. Any materials or labour obtained through unofficial means will be considered fraudulent. This will result in:

• Immediate cancellation of all warranties; and
• Potential legal action against the Client.

04.10 Timber Movement Exclusion

Due to the natural properties of wood, swelling, warping, or sticking of wendy-style doors and timber windows may occur. These are not covered under warranty unless they result from installation fault and are reported immediately upon completion.

The Client must ensure all operable elements (doors, windows, locks) function properly before JRK’s installation team departs the site.

04.11 Post-Handover Repairs

Defects not raised during final inspection or reported within 72 hours of handover will be deemed post-handover issues. Any return visits for such repairs will be chargeable at JRK’s discretion.

The Client must perform a thorough inspection at delivery and document all concerns in writing.

04.12 Normal Wear and Tear

Wear and tear associated with normal usage, particularly on flooring, cladding, and trims—is excluded from warranty protection. The Client is responsible for regular upkeep to preserve the condition of the Goods.

04.13 Client Conduct and Site Interference

If JRK staff are forcibly removed, harassed, or prevented from completing work during business hours, all related warranties shall be null and void.

Should the Client create a hostile, unsafe, or abusive work environment, JRK reserves the right to abandon the site and cancel any remaining warranty on unfinished work.

04.14 Non-Transferable Warranty

All warranties are issued to the original purchasing Client and are not transferrable to subsequent owners, tenants, or third parties unless agreed to in writing by JRK.

04.15 0.3mm Zinc Roofing – Leak Disclaimer

Roofs clad with 0.3mm zinc sheeting are not covered by the roof leak warranty due to their limited water resistance. Clients who select this material must:

• Apply Flash Harry membrane tape at all joins and flashings; and
• Maintain and reseal as necessary.

JRK accepts no liability for water ingress when 0.3mm zinc is used.

04.16 Electrical and Plumbing Warranty – 12 Months

04.16.1 What’s Covered

JRK provides a one (1) year warranty on electrical and plumbing works installed by its own team, covering:

• Wiring, connections, and fittings installed by JRK;
• Plumbing pipes, joints, and fittings installed by JRK.

04.16.2 What’s Not Covered

JRK’s plumbing and electrical warranties do not cover the following:

• Misuse, neglect, or poor maintenance by the Client;
• Unauthorised repairs, alterations, or modifications made without JRK’s written consent;
• Damage caused by natural disasters (e.g., storms, floods, lightning strikes, earthquakes);
• Damage resulting from extreme environmental conditions, including freezing temperatures, frost, or rapid temperature fluctuations that may cause pipes to burst or crack;
• Wear and tear resulting from age, exposure, or high usage;
• Indirect or consequential losses, including but not limited to damaged appliances, flooding, business interruption, or loss of income.

🛈 Client Note: Plumbing installed in uninsulated structures or exposed to severe cold must be properly drained or insulated by the Client during winter months. JRK is not liable for pipe damage due to freezing conditions after handover.

04.16.3 Subcontracted Work

Where licensed subcontractors are engaged, JRK will pass on their warranty terms to the Client. JRK does not assume responsibility for performance or defects in third-party work beyond what is covered under their terms.

04.16.4 Limitation of Liability

JRK’s liability is limited to repairing or replacing defective components installed by its own team. Under no circumstances will JRK be liable for loss of income, damage to other property, or business interruption.

04.16.5 Legal Jurisdiction

This warranty is governed by the laws of the Republic of South Africa. All disputes shall be resolved under South African legal procedures in the jurisdiction where the work was performed.

5. CONDITIONS FOR MAKING A WARRANTY CLAIM

05.1. Inspection Fee Requirement

To initiate a warranty claim, the Client must first pay the following fees:

• A R500 refundable inspection fee, which covers the administration and evaluation of the claim; and
• A non-refundable transport fee, calculated based on the Client’s location and the distance from JRK Wendys’ operational base.

Both fees must be paid in full before any inspection or repair team is scheduled for dispatch.

If the claim is found to be valid and falls within the scope of JRK’s workmanship warranty:

• The R500 inspection fee will be refunded in full.
• The transport fee remains non-refundable under all circumstances, as it reflects direct operational costs incurred by JRK.

05.2. Warranty Claim Process

Upon receiving the Client’s completed claim (including photos and proof of maintenance) and payment of the inspection and transport fees, JRK will proceed as follows:

• Conduct an inspection of the reported issue within 30 business days, subject to weather, scheduling, and operational capacity.
• If the defect is covered under the applicable warranty, JRK will carry out the necessary repairs or replacement at no additional charge (excluding transport).
• If the defect is found to be outside the scope of the warranty, JRK will issue a written report explaining the outcome, and no refunds will be made.

05.3. Invalid or Excluded Claims

The following claims are not covered under warranty and will be rejected:

• Defects arising from misuse, neglect, or damage after handover;
• Normal wear and tear, natural timber shrinkage, or movement;
• Any unauthorised alterations or additions made by the Client or third parties;
• Environmental or weather-related damage, including floods, extreme temperatures, frost, or wind;
• Claims submitted after the warranty period has expired.

🛈 Client Reminder: All claims must include proof of purchase, photos, and documented maintenance receipts where applicable.

05.4. Transport Fee for All Warranty Site Visits

A transport fee will be charged for all warranty-related site visits, whether for:

• Inspections,
• Repairs, or
• Follow-up assessments.

This transport fee is:

• Calculated based on the Client’s location and distance from JRK’s operational base;
• Quoted to the Client in writing before dispatch;
• Separate from the inspection fee, and
• Strictly non-refundable, even if the claim is upheld.

The fee covers direct travel costs, fuel, vehicle use, staff time, and logistical coordination. By submitting a warranty claim, the Client acknowledges and agrees to the applicable transport charge as a precondition for any site visit.

SECTION 06: RECOMMENDED MAINTENANCE FOR LONGEVITY

Proper maintenance is critical for preserving the appearance, integrity, and lifespan of all timber products supplied by JRK Wendys & Timber Projects. Failure to follow these guidelines may result in premature deterioration and will invalidate related warranty claims.

The Client is solely responsible for ensuring that appropriate maintenance is carried out using suitable products, at the correct intervals. Always refer to the official manufacturer’s instructions for the most accurate and up-to-date product guidance.

06.1 Waksol Timber Sealer – For Exterior Surfaces

Applies to: Walls, exterior trims, and selected roof timber components treated with Waksol.

Product Description:

Waksol is a wax- and solvent-based water repellent timber sealer that offers surface protection against weathering. It does not fully dry and leaves an oily residue, making it suitable only for exterior use or internal out-of-reach areas.

Maintenance Guidelines:

• Initial Maintenance Coat:

A recoat must be applied within 2 weeks of installation.

• Ongoing Reapplication:

Reapply every 6–12 months, depending on weather exposure. Surfaces in full sun or heavy rain areas may require more frequent treatment.

More Info:

Visit the product page for instructions and safety guidance:

👉 https://www.powafix.co.za/product/waksol  

06.2 Woodoc 50 – For Exterior Walls and Veranda Floors

Applies to: Treated exterior walls, veranda floors, railings, and exposed timber components.

Product Description:

Woodoc 50 is a high-performance, UV- and moisture-resistant wood sealer designed for external applications. It penetrates timber surfaces, enhancing durability and weather resistance.

Maintenance Guidelines:

• Inspection:

Check regularly for signs of wear, such as fading, dulling, or patchiness.

• Full Reapplication:

Every 24 months, or sooner for high-exposure areas.

More Info:

👉 https://www.woodoc.com/products/woodoc-50  

06.3 Woodoc 25 – For Interior Flooring

Applies to: All sealed interior floor surfaces.

Product Description:

Woodoc 25 is a clear, durable interior wood floor sealer formulated for high-wear areas. It enhances wood grain while providing resistance to scuffing and moisture.

Maintenance Guidelines:

• Regular Cleaning:

Clean using mild soap and water or a cleaner formulated for sealed wood. Avoid harsh chemicals or abrasive scrubbing.

• Periodic Reapplication:

Inspect periodically for wear. For worn areas:

o            Lightly sand the full surface;

o            Remove dust and apply one or more new coats.

More Info:

👉 https://www.woodoc.com/products/woodoc-25  

06.4 General Maintenance Responsibilities

• Clients must retain receipts for all sealant or maintenance product purchases. Proof may be required for warranty validation (see Section 04.8).
• Surfaces must be treated at recommended intervals. Failure to reapply timely will void all moisture-related warranties.
• Proper ventilation, drying time, and manufacturer instructions must be followed during product application.
• Use protective pads under furniture on sealed floors and avoid dragging heavy items across treated timber.

06.5 Disclaimer

JRK Wendys & Timber Projects does not manufacture or distribute the above-listed maintenance products. Recommendations are made in good faith based on proven compatibility. Clients are responsible for reviewing the manufacturer’s latest usage instructions, health and safety data, and environmental suitability.

JRK accepts no liability for product misuse, incorrect application, or failure to maintain timber surfaces according to the guidelines above.

7. QUOTATIONS

07.1. Municipal Compliance Responsibility

JRK Wendys & Timber Projects assumes that the Client has complied with all applicable municipal regulations, by-laws, and planning approvals prior to placing an order. While Clients may choose to register their project with the relevant municipality, it remains the sole responsibility of the Client to:

• Obtain required approvals and consents;
• Notify JRK of any regulatory specifications affecting the design or construction of the Goods;
• Secure inspections, building line relaxations, heritage approvals, or zoning permissions where required.

JRK accepts no liability for losses, penalties, enforcement action, or other consequences arising from the Client’s failure to meet municipal requirements. Any architectural drawings, planning fees, or professional reports are the responsibility of the Client unless expressly agreed in writing.

07.2. Sample Floor Designs

Sample floor plans provided by JRK are for reference purposes only. These are conceptual layouts intended to illustrate typical configurations.

• Such drawings are not formal architectural or municipal plans.
• All measurements are taken from external wall to external wall, unless otherwise stated.
• Actual internal dimensions may vary due to framework, cladding thickness, or finish variations.

07.3. Site Visit Fees

Site visits are available upon request and are charged as follows:

• A minimum call-out fee of R1,500.00 applies.
• This includes travel time, on-site measurement or consultation, and professional input.
• The total fee is based on distance from JRK’s operational base and will be quoted in advance.

Fees for site visits are non-refundable, even if the Client later decides not to proceed with the order.

07.4. Quotation Validity

Unless otherwise agreed in writing, all quotations issued by JRK are valid for five (5) working days from the date of issue.

Thereafter, JRK reserves the right to revise prices based on fluctuations in:

• Timber and material costs,
• Transport rates,
• Labour or operational expenses.

07.5. Purchase Price Definition

The final purchase price payable by the Client is:

• The amount stated on the formal, itemised quotation issued by JRK; or
• A revised amount formally agreed to in writing, where changes are made.

The price includes only the products, finishes, and optional extras expressly listed. Any change requested after acceptance will require a new or amended quotation, which may affect cost and lead time.

07.6. Estimated Manufacturing & Delivery Timelines

All delivery and manufacturing timelines provided by JRK are estimates, issued in good faith. These timelines are subject to change due to:

• Material availability,
• Supplier delays,
• Adverse weather,
• Public holidays, load-shedding, or other operational factors.

JRK shall not be held liable for any direct or indirect loss, inconvenience, or damages arising from reasonable delivery delays beyond its control.

07.7. Measurement Standards

Unless otherwise specified, all quoted dimensions are measured from external wall to external wall.

The Client acknowledges that:

• Internal usable space will be reduced due to structural framework and interior cladding thickness.
• It is their responsibility to ensure that quoted external dimensions are suitable for their intended use.

07.8. Client Responsibility to Verify Quotation Accuracy

The Client must thoroughly review the quotation before making payment to ensure it accurately reflects:

• The correct unit size and specifications;
• All requested optional extras and finishes;
• Delivery address and contact details.

JRK accepts no responsibility for omissions, misunderstandings, or miscommunications not raised by the Client prior to deposit payment. Changes requested thereafter may incur administrative or revision fees.

07.9 Promotional Pricing & Holding Deposits

07.9.1. From time to time, JRK Wendys & Timber Projects may offer promotional or discounted pricing on selected products or services.

07.9.2. To secure pricing under such a promotion, the Client is required to pay a minimum 10% non-refundable holding deposit.

07.9.3. This holding deposit entitles the Client to:

• Lock in the quoted promotional price; and
• Reserve production space and lead time for a period of thirty (30) calendar days from the date the holding deposit is received.

07.9.4. The holding deposit is non-refundable under all circumstances, including if the Client fails to proceed with the order, cancels the order, or fails to pay the remaining deposit within the specified timeframe.

07.9.5. Production will not begin until the full required deposit (typically 60% or 80%, as per Section 09) is paid in full. Lead times are calculated from the date of full deposit, not from the holding deposit date.

07.9.6. If the Client fails to pay the full deposit within the 30-day holding period, JRK reserves the right to:

• Revise the quotation in line with current material and labour costs; and
• Reschedule the production timeline based on current capacity and availability.

🛈 Important: The holding deposit is intended solely to reserve pricing and does not guarantee stock availability or immediate production.

07.10. Delivery Address Confirmation

The Client is responsible for providing the final and correct delivery address before making payment.

If delivery costs are underquoted due to:

• An incorrect, incomplete, or ambiguous address provided by the Client, or
• Failure to disclose location-specific access issues (e.g., 4×4 access, stairs, estate security, restricted entry),

Then JRK reserves the right to:

• Suspend delivery until the correct transport charge is paid in full;
• Reschedule delivery at the next available operational date.

07.11. NHBRC and Formal Homebuilding Compliance

JRK Wendys & Timber Projects offers bespoke timber units that Clients may use for various purposes, including residential dwellings. While certain structural aspects are built with reference to general industry or NHBRC guidelines, the following must be noted:

• JRK is not registered with the NHBRC or any other building regulatory association.
• NHBRC enrolment, municipal plan submission, and compliance inspections are not included in standard quotations.
• If NHBRC compliance is required, the Client must:

o            Notify JRK at the quotation stage;

o            Appoint their own registered architect or engineer;

o            Supply approved building plans and specifications;

o            Bear all costs related to enrolment, documentation, and inspections.

Upon receipt of engineer-approved plans, JRK will revise the quotation accordingly and can build in accordance with those approved specifications.

8. ORDERS

08.1 Order Confirmation

An order shall be deemed confirmed and binding once the Client has completed any two of the following actions, unless otherwise agreed in writing:

1. Signed the official quotation or JRK-issued Order Form;
2. Provided written acceptance of the order via email, WhatsApp, or other written communication referencing the quotation;
3. Paid the required deposit and submitted proof of payment to JRK via email or WhatsApp.

In addition, the Client is required to:

• Sign and return the full email body that accompanies the Sage quotation. This email includes the detailed scope of work, product specifications, and terms related to the offer, which may not appear on the Sage quote document alone.
• Submit the signed email body together with the signed quotation and proof of payment.

🛈 Important: JRK will not proceed with production or scheduling until all required documentation and deposit have been received. This ensures both parties have a clear, shared understanding of what is being supplied and at what price.

08.2 Deposit Payment and Reference

The Client must make the required deposit payment using the unique quotation reference number provided. A copy of the completed quotation and proof of deposit must be submitted on the same day the payment is made.

Accepted submission methods:

• Email to salesdept@jrk.co.za, or
• WhatsApp to 076 571 6977 (official JRK mobile and WhatsApp line).

Failure to provide both the proof of payment and signed quotation may result in:

• Scheduling or production delays,
• Loss of reserved delivery dates, and
• Suspension of the order until compliance is met.

9. PAYMENTS

09.1 Payment Schedule: Wendy-Style Units

For all Wendy-style structures (including site huts, garden offices, and storerooms):

• 80% deposit payable upon order confirmation;
• 20% balance payable prior to commencement of roof installation.

09.2 Payment Schedule: Log Homes & Larger Timber Units

For all log homes and larger timber buildings:

• 60% deposit payable upon order confirmation;
• 20% second payment upon completion of the flooring;
• 17.5% third payment upon completion of the roof installation;
• 2.5% final balance payable on the day of pre-inspection.

09.3 Final Payment Method (Log Homes & Larger Timber Units Only)

For log homes and larger timber units, the final payment (2.5%) is due on the day of pre-inspection.

JRK will not complete any outstanding work or attend to items raised during the pre-inspection unless the full outstanding balance has been paid and cleared in JRK’s bank account.

Final payments must be made via Instant Payment or Immediate EFT to avoid delays in completing the project.

⚠️ Note: Direct cash deposits into JRK’s account will incur a 2.5% cash handling fee on the deposited value. EFT remains the preferred and recommended payment method.

09.4 Ownership of Goods

Ownership and legal title to all goods, structures, and materials supplied by JRK Wendys & Timber Projects shall remain vested in JRK until the full contract amount has been paid and cleared in JRK’s bank account.

Until such time:

• The Client may not sell, transfer, pledge, alter, or move any goods or components; and
• JRK retains the right to recover unpaid goods in accordance with applicable law.

🛈 For JRK’s right to withhold optional or non-essential extras prior to final payment, refer to Clause 09.7.

09.5 Payment Obligations

All amounts invoiced by JRK are payable in full, without deduction, set-off, or delay, unless otherwise agreed to in writing by an authorised JRK representative.

Partial or conditional payments will not constitute compliance with payment terms unless expressly accepted by JRK in writing.

09.6 Late Payment Penalties

In the event that any payment due under this agreement is not received by JRK Wendys & Timber Projects on or before the agreed due date, the outstanding balance shall accrue interest at a rate of 2% per month, calculated daily from the due date until full payment is received and cleared.

JRK reserves the right, without prejudice to any other remedies, to:

• Suspend all further work in progress,
• Postpone delivery or installation,
• Withhold all warranties, handover documents, or compliance certificates,

until such time as all outstanding amounts are settled in full.

⚠️ Repeated or prolonged delays in payment may result in contract termination or legal recovery action, at JRK’s discretion.

09.7 Withholding of Extras Pending Final Payment

(Applies to Log Homes & Larger Timber Units Only)

If the Client fails or refuses to make the final payment due on the day of pre-inspection, JRK Wendys & Timber Projects reserves the right to take the following actions without penalty or liability:

• Suspend handover and defer any remaining installation or completion work;
• Withhold the installation or delivery of non-essential extras, including but not limited to stoves, geysers, lighting fixtures, and other client-specific add-ons;
• Restrict access to the structure (where safe and feasible) until full payment is received and cleared in JRK’s account.

These withheld items remain the property of JRK until paid for in full and shall not be considered part of the delivered unit until final settlement is complete.

JRK shall not be held liable for any delay, inconvenience, or consequential loss resulting from the Client’s failure to make timely final payment. JRK further reserves the right to pursue legal recovery of any outstanding balance through appropriate civil channels.

10. RIGHT TO SUB-CONTRACT

JRK Wendys & Timber Projects reserves the right to subcontract any part of the work, supply, or installation under this agreement to qualified and approved third-party service providers.

Subcontracting shall not relieve JRK of its responsibilities. JRK remains fully accountable for:

• The performance and quality of all subcontracted work,
• Ensuring that subcontractors comply with applicable laws and safety requirements, and
• Rectifying any non-compliance at its own cost.

11. PROJECT SCHEDULE

11.1 Delivery and Installation Dates

JRK undertakes to deliver and install the Goods using reasonable skill, care, and diligence, based on the agreed schedule. However, all delivery dates are estimates.

JRK shall not be held liable for any:

• Delay caused by weather, third-party disruptions, supplier delays, or
• Consequential loss, damages, or penalties arising from any delay.

11.2 Indicative Timelines and Verbal Estimates

Any timelines or delivery dates provided by JRK Wendys & Timber Projects—whether stated in writing on a quotation, by email, or verbally—are to be regarded as indicative only and shall not be considered binding or guaranteed.

Such estimates are issued in good faith based on current conditions at the time of quotation or discussion. However, the Client acknowledges that delivery, manufacturing, or installation timelines may be affected by:

• Weather conditions,
• Supplier or material delays,
• Labour shortages or logistical disruptions,
• Load-shedding or public holidays, or
• Other factors outside JRK’s direct control.

⚠️ Important: JRK does not warrant or guarantee any specific delivery or completion date unless expressly confirmed in writing as a fixed delivery term, signed by a Director.

Time shall not be of the essence in this agreement unless explicitly agreed to in writing.

12. RISK OF LOSS

Risk of loss, damage, or deterioration of the Goods passes to the Client when:

• The Goods are delivered to the Client,
• Delivered to the Client’s nominated representative, or
• Delivered at the agreed delivery location.

From that point forward, the Client assumes full responsibility for:

• The protection, safekeeping, and maintenance of the Goods,
• Losses or damages due to theft, weather, or mishandling.

Ownership, however, remains with JRK until full payment is received (see Section 09.4).

13. CANCELLATION OF ORDER

13.1 Cancellation After Procurement of Materials

If JRK Wendys & Timber Projects has already procured materials—whether in part or in full—for the Client’s order, cancellation by the Client will not be accepted as valid.

Materials are ordered specifically for each bespoke unit and are not reusable or returnable. The Client shall remain fully liable for:

• The total cost of all materials procured; and
• Any associated planning, labour, storage, or administrative costs incurred up to the cancellation date.

No refunds or order reversals will be considered in such instances.

13.2 Cancellation Before Procurement of Materials

If the Client requests cancellation before JRK has purchased any project-related materials, JRK may, at its sole discretion, allow the cancellation subject to:

• Payment of any reasonable costs incurred up to the date of cancellation, including:

o            Administrative time,

o            Design and planning work,

o            Quotation preparation or consultations,

o            Site visits or travel costs.

⚠️ Note: A minimum cancellation fee of R1,500.00 or 10% of the order value, whichever is greater, may be charged to recover business losses, even if no materials have been procured.

13.3 JRK’s Right to Cancel

JRK reserves the right to cancel any order, in full or in part, if:

• The Client fails to make payment as required;
• The Client fails to provide necessary documentation, approvals, or instructions;
• The Client breaches any provision of these Terms and Conditions or any separate agreement with JRK;
• JRK is unable to proceed due to force majeure or unforeseen supply chain disruptions.

JRK will notify the Client of such cancellation in writing, specifying the reason(s). The Client shall remain liable for:

• All material, labour, and administrative costs incurred up to the date of cancellation, and
• Any cancellation-related losses suffered by JRK due to breach or delay by the Client.

14. DELIVERY

14.1 Delivery Efforts

JRK Wendys & Timber Projects will make every reasonable effort to deliver the goods to the delivery address specified in the Client’s official quotation or order form, subject to availability, scheduling, and operational logistics.

14.2 Estimated Delivery Dates

All delivery and installation dates provided by JRK are estimates only and are issued in good faith based on current capacity, weather forecasts, supplier timelines, and production schedules. These dates are subject to change without prior notice.

14.3 No Liability for Delayed Delivery

JRK shall not be held liable for any direct, indirect, or consequential loss, inconvenience, or damages arising from a delay in delivery or installation caused by:

• Weather conditions;
• Load shedding;
• Labour disruptions or illness;
• Material shortages or supplier delays;
• Unforeseen access issues or client-related delays.

14.4 Client Responsibility for Delivery Site

The Client is solely responsible for ensuring that:

• The delivery address provided is complete, accurate, and final;
• The site is accessible and prepared for delivery and installation (e.g., no blocked driveways, no steep terrain requiring special access, etc.);
• Any access restrictions, estate rules, or delivery limitations are disclosed in advance.

JRK reserves the right to refuse delivery or reschedule installation if the site is inaccessible or unsafe. Any resulting cost or delay will be borne by the Client.

14.5 Inspection and Acceptance of Goods

To ensure quality assurance and avoid disputes:

• The Client (or authorised representative) must be present on the day of installation.
• Upon completion, the Client must inspect the goods immediately to confirm that they meet the agreed specifications and quality standards.
• Any visible defects, damages, or discrepancies must be reported to the on-site JRK team before they depart.
• Verbal confirmation of acceptance will be requested before the team leaves the premises.
• JRK’s Project Manager will conduct a follow-up confirmation call with the Client prior to the team’s departure to verify satisfaction and close out the job.

⚠️ Note: If defects or concerns are only reported after the installation team has left site, transport and service charges will apply for any return visits or remedial work.

14.6 On-Site Installation Requirements

• For certain projects, JRK’s installation team (typically 2 to 6 individuals) may be required to remain on-site for one or more days. To enable this, the Client must provide or facilitate the following throughout the project for JRK’s installation team:

14.6.1 Basic Accommodation Options

One of the following options must be made available within 10km of the site:

• A safe, level area suitable for pitching up to four tents, or
• Access to an alternative, secure accommodation facility (e.g., staff quarters, B&B, cottage).

14.6.2 Seasonal Accommodation Requirements

• Summer (Sept–April): Tent camping is acceptable if the site is safe and sheltered.
• Winter (May–August): Tent camping is only permitted if the under-roof area is fully enclosed, insulated, and adequately protects against cold, wind, and rain. If such conditions cannot be met, the Client must provide alternative warm, weatherproof accommodation for the team.

⚠️ If the provided accommodation is deemed unsafe or inadequate by JRK’s team leader or project manager, the Client will be required to immediately arrange compliant accommodation at their own cost. Failure to do so may result in work stoppage or delay.

14.6.3 Safety and Security

The Client must ensure adequate site security to protect:

• The JRK installation team and their belongings,
• Tools and materials stored overnight, and
• The unit during and after construction.

14.6.4 Water Supply

The Client must provide:

• Clean, safe drinking water suitable for human consumption.
• Working water access for mixing materials, washing tools, and general use during construction.

14.6.5 Electricity Supply

The Client must ensure the site has:

• At least one to two live electrical points with 24-hour access, and
• A generator and fuel, if power is not available or load shedding is anticipated.

⚠️ All generator hire costs and fuel shall be at the Client’s expense unless otherwise agreed in writing.

14.6.6 Ablution and Shower Facilities

The Client must provide access to suitable on-site toilet and shower facilities for the JRK installation team during extended projects.

Minimum requirements:

• Flushable toilets or professionally maintained portable units (e.g. chemical toilets); and
• A private enclosed shower with access to both hot and cold water.

To assist with hiring portable ablution facilities, the Client may contact:

• Sanitech: www.sanitech.co.za
• B-One Hire: www.b-one.co.za

⚠️ JRK reserves the right to pause or delay work if sanitation standards are not met. All costs associated with hiring or maintaining these facilities are the Client’s responsibility unless otherwise agreed in writing.

14.6.7 Non-Compliance and Delays

Failure to comply with these installation requirements may result in:

• Delays to project completion;
• Additional call-out or standby fees;
• JRK temporarily withdrawing the team until conditions are met.

JRK shall not be held liable for delays or cost overruns caused by the Client’s failure to meet on-site accommodation, water, electricity, ablution, or safety requirements.

14.7. Data Privacy & POPIA Compliance
JRK Wendys & Timber Projects (“JRK”) is committed to protecting the privacy of its clients in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
By engaging JRK for the supply of goods or services, the Client acknowledges and agrees that:

• JRK may collect and process personal information including, but not limited to, names, ID numbers, contact details, physical addresses, and estate access documentation where required for project delivery.
• This information will be collected directly from the Client and used strictly for purposes relating to the Client’s quotation, order, delivery, invoicing, after-sales service, or legal compliance.
• All personal information will be stored securely, and JRK will take reasonable steps to prevent unauthorised access, loss, or misuse.
• JRK does not sell or share personal data with unrelated third parties. Information may be shared only with authorised subcontractors or service providers directly involved in the Client’s project (e.g., delivery services, installation teams).
• Clients may request access to their stored information or request correction or deletion by contacting salesdept@jrk.co.za.

15. GENERAL

15.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between JRK Wendys & Timber Projects (“JRK”) and the Client in respect of the goods and services provided. They replace and supersede all previous discussions, negotiations, representations, undertakings, and agreements—whether oral or written—related to the subject matter herein.

No additional terms, conditions, or amendments shall be binding unless expressly agreed to in writing and signed by both parties.

15.2 Amendments and Variations

No amendment, variation, or addition to these Terms and Conditions shall be valid or enforceable unless reduced to writing and signed by a duly authorised representative of JRK.

Verbal agreements, informal promises, or assurances shall carry no legal force or effect unless formally documented and acknowledged in writing by JRK.

15.3 Severability

If any provision of these Terms and Conditions is determined by a competent court or authority to be invalid, unlawful, or unenforceable, such provision shall be severed from the remainder of the agreement. The remaining provisions shall continue to be valid, enforceable, and binding to the fullest extent permitted by law.

15.4 Waiver

No delay or failure by JRK in exercising any right, power, or remedy under this agreement shall constitute a waiver thereof, nor shall it prevent or impair any future exercise of that right.

Any waiver granted by JRK must be expressly made in writing and shall apply only to the specific instance and purpose for which it is given.

15.5 Assignment and Subcontracting

The Client may not assign, cede, transfer, or delegate any of their rights or obligations under this agreement without the prior written consent of JRK.

JRK reserves the right to assign or subcontract any portion of its obligations, goods, or services without prior notice to the Client. Such subcontracting shall not relieve JRK of its obligations under this agreement.

15.6 Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Both parties consent to the exclusive jurisdiction of the South African courts, specifically those located within the province in which JRK’s principal place of business is located, for the resolution of any disputes arising from this agreement.

15.7 Legal Disclaimer and Consumer Rights

Nothing in these Terms and Conditions shall be interpreted as limiting, excluding, or waiving any statutory rights the Client may hold under applicable South African consumer protection legislation, including but not limited to:

• The Consumer Protection Act, 68 of 2008,
• The National Credit Act, 34 of 2005 (where applicable), and
• Applicable common law principles of contract.

Where the Client qualifies as a “consumer” under the Consumer Protection Act, these Terms and Conditions shall be interpreted in a manner that is fair, reasonable, and consistent with the Client’s minimum legal rights.

16. LIABILITY AND DISPUTE RESOLUTION

16.1 Risk of Loss, Damage, or Theft

Upon delivery of goods, panels, or materials to the designated site or to a storage area under the Client’s control, all risk and responsibility transfers to the Client.

JRK Wendys & Timber Projects shall not be liable for:

• Theft, vandalism, or deterioration,
• Damage caused by third parties or weather,
• Losses occurring during on-site storage—even if construction has not yet commenced.

16.2 Force Majeure (Events Beyond JRK’s Control)

JRK shall not be held liable for any delay, disruption, or inability to perform its obligations due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters (e.g. floods, storms, fire, lightning);
• Civil unrest, riots, strikes, or national protests;
• Acts of war, sabotage, or terrorism;
• Pandemics or epidemic outbreaks;
• Regulatory or permit-related delays;
• Load-shedding, fuel shortages, or supplier disruptions.

In such events, JRK may suspend, delay, or cancel part or all of the project, without liability for damages or losses incurred by the Client.

16.3 Client-Induced Delays

JRK will not be responsible for delays caused by the Client, including but not limited to:

• Failure to provide access to the site;
• Late or incomplete payments;
• Inadequate facilities, services, or documentation.

In such cases:

• Project timelines will be extended accordingly;
• JRK reserves the right to recover additional costs incurred due to schedule changes, idle time, or return travel.

16.4 Indemnity by the Client

The Client hereby indemnifies and holds harmless JRK, its directors, employees, and subcontractors from any and all claims, liabilities, or damages arising from:

• Damage to materials, tools, or the structure caused by the Client or their representatives;
• Unauthorised modifications, interference, or misuse of the goods;
• Failure to maintain the structure according to JRK’s written or verbal instructions;
• Injury, death, or property damage occurring on the Client’s premises during or after construction, unless caused by JRK’s gross negligence proven in court.

This indemnity shall survive the completion of the project and termination of the agreement.

16.5 Access for Inspection and Repairs

In the event of a reported defect or warranty claim, the Client must grant JRK:

• Reasonable and safe access to the site during normal working hours; and
• Access to all relevant areas of the structure required to assess or complete the work.

If access is delayed, denied, or made unsafe:

• JRK may suspend its warranty or service obligations until access is restored;
• The Client will be liable for additional call-out, transport, or time-loss costs.

16.6 Dispute Resolution

In the event of a dispute relating to this agreement, the structure, or the services rendered:

1. Both parties shall attempt to resolve the issue through informal negotiation within ten (10) business days of the dispute arising.
2. If unresolved, the dispute shall be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA), or another mediator agreed to in writing.
3. If mediation fails, either party may escalate the matter to:

o            The Magistrate’s Court or

o            High Court of South Africa with jurisdiction over the area where services were rendered.

⚠️ Note: This clause does not prevent either party from seeking urgent interim relief from a competent court, where necessary (e.g. to stop damage or enforce payment).

This document constitutes a legally binding agreement between JRK Wendys & Timber Projects (“JRK”) and the Client. By placing an order, requesting a quotation, or making any payment, you confirm that you have read, understood, and agreed to these Terms and Conditions in full. All rights reserved.