Terms and Conditions
Terms and Conditions of JRK Wendys & Timber Projects
CONTACT INFORMATION
National Line (Sales): 087 711 0089
WhatsApp & Mobile: 076 571 6977
E-Mail: sales@jrk.co.za
TikTok: tiktok.com/@jrkwendys_official
Website: https://jrk.co.za/
Facebook: https://www.facebook.com/jrkwendys/
TABLE OF CONTENTS
1. Definitions
2. Application
3. Formation of Contract
4. Warranty
5. Quotations
6. Orders
7. Payments
8. Right to Sub-Contract
9. Schedule
10. Risk of Loss
11. Cancellation of Order
12. Delivery
13. General
14. Electricity & Plumbing Warranty Terms
TERMS AND CONDITIONS
1. DEFINITIONS
1.1. “JRK” refers to JRK Wendys & Timber Products.
1.2. “Client” refers to the person, firm, or company placing an order with JRK.
1.3. “Goods” refers to any goods and/or services provided by JRK as ordered by the Client.
2. APPLICATION
These terms and conditions apply to all goods and services (“Goods”) sold by JRK to the Client and shall govern the relevant sales contract (“Contract”) to the exclusion of all other terms unless JRK expressly agrees to them in writing. No conduct by JRK shall be deemed to constitute acceptance of any terms and conditions put forward by the Client.
3. FORMATION OF CONTRACT
A Contract shall be deemed to have been formed immediately upon the occurrence of any of the following events:
3.1. The Client has signed a document indicating that they have read and accepted JRK’s Terms and Conditions as provided herein; or
3.2. The Client has paid the quoted amount or agreed deposit and provided proof of payment via email.
By signing and accepting a quotation or making a payment, the Client acknowledges and accepts that they understand and agree to be bound by the Terms and Conditions set out below.
4. WARRANTY
4.1. JRK offers a one-year workmanship warranty on their wendy range, including wendy huts, tool sheds, guard huts, partitioned wendy huts, and mini cabins, subject to item 4.4.
4.2. JRK offers a three-year workmanship warranty on timber houses, ranging from one-bedroom houses and larger, subject to item 4.4.
4.3. To activate the product warranty, the Client must acknowledge satisfaction verbally or in writing upon handover of the final product on the day of inspection.
4.4. Maintenance Requirements for Warranty Purposes:
4.4a. Units treated/painted with Waksol Timber Sealer: Powafix Waksol is a solvent and wax-based timber sealer with excellent water repelling properties. Following these maintenance steps will help keep your wood surfaces protected and looking great for many years. Always follow the manufacturer’s instructions on the product label for specific guidance and safety information. Maintenance Process for Waksol Timber Sealer: Waksol will not dry 100% and will have a slightly oily residue, so should be used on exterior surfaces only, it can be used inside on out-of-reach surfaces.
Reapplication:
o Frequency: A maintenance coat should be applied within 2 weeks after date of installation. The frequency of reapplication depends on the wood’s exposure to the elements. For surfaces exposed to harsh weather or intense sunlight, it’s advisable to reapply Waksol Timber Sealer every 6-12 months. Less exposed surfaces may require less frequent maintenance.
o Process: For a complete reapplication, Apply Waksol by brush or dipping, applying a minimum of two coats for maximum protection against the harsh elements of our South African climate. Waksol will darken the timber to a transparent greenish-brown color
4.4b. Units treated/painted with Woodoc 50 – Exterior walls and exterior floors (veranda) must be treated with Woodoc 50 or equivalent. Following these maintenance steps will help keep your wood surfaces protected and looking great for many years. Always follow the manufacturer’s instructions on the product label for specific guidance and safety information. Maintenance Process for Woodoc 50: Woodoc 50 is a durable, penetrating exterior wood sealer designed to protect wood surfaces from the elements. Here’s a general maintenance process to ensure the longevity and effectiveness of Woodoc 50:
Regular Maintenance:
o Inspection: Regularly inspect the wood surface for signs of wear, such as dulling, fading, or any areas where the sealer has worn off.
o Cleaning: Clean the surface with a mild detergent and water. Avoid using harsh chemicals that could damage the finish. Rinse thoroughly and allow it to dry completely.
o Touch-Ups: For minor wear or small areas where the sealer has worn off, lightly sand the affected area and reapply Woodoc 50 as per the initial application instructions.
Reapplication:
o Frequency: The frequency of reapplication depends on the wood’s exposure to the elements. For surfaces exposed to harsh weather or intense sunlight, it’s advisable to reapply Woodoc 50 every 12-18 months. Less exposed surfaces may require less frequent maintenance.
o Process: For a complete reapplication, lightly sand the entire surface to remove the old layer of sealer and provide a good key for the new layer. Clean the surface, then apply a fresh coat (or coats) of Woodoc 50, following the same steps as the initial application.
Special Considerations:
o UV Protection: Woodoc 50 contains UV inhibitors to protect against sun damage. However, direct sunlight can still cause some degradation over time, making regular maintenance crucial.
o Water Resistance: Regular maintenance ensures the wood remains water-resistant, preventing rot, mildew, and other moisture-related issues.
4.4c. Interior Flooring must be sealed with Woodoc 25 or equivalent. Following these maintenance steps will help preserve the appearance and durability of the Woodoc 25 finish, ensuring that your wood surfaces remain protected and beautiful over time. Always refer to the specific instructions provided by the manufacturer for detailed guidance and safety precautions. Maintenance Process for Woodoc 25: Woodoc 25 is a high-quality interior wood sealer designed to provide a clear, durable finish that enhances and protects wood surfaces. It is particularly suitable for high-wear areas such as floors. Here’s a general maintenance process for Woodoc 25:
Initial Application:
o Preparation: Ensure the wood surface is clean, dry, and free from dust, grease, and other contaminants. Sand the surface with fine sandpaper, following the wood grain, and remove all dust.
o Application: Apply the first coat of Woodoc 25 with a brush, roller, or cloth. Allow the sealer to penetrate the wood and dry thoroughly (typically 2-6 hours, depending on conditions). Lightly sand the surface with fine sandpaper (220 grit or higher) to remove any raised wood fibers, then clean the surface.
o Additional Coats: Apply at least two more coats, allowing sufficient drying time between coats. Lightly sand between coats to ensure a smooth, even finish. A minimum of three coats is recommended for optimal protection.
Regular Maintenance:
o Cleaning: Clean the sealed surface with a mild soap and water solution or a cleaner specifically designed for sealed wood surfaces. Avoid abrasive cleaners or harsh chemicals, as they can damage the finish.
o Dusting: Regularly dust the surface with a soft cloth to prevent the buildup of dirt and debris, which can scratch the finish.
Periodic Reapplication:
o Inspection: Periodically inspect the surface for signs of wear, such as dullness or minor scratches. The frequency of reapplication will depend on the level of use and wear. High-traffic areas may require more frequent maintenance.
o Preparation for Reapplication: Lightly sand the entire surface with fine sandpaper to remove the top layer of the sealer and provide a good key for the new coat. Ensure the surface is clean and free from dust.
o Reapplication: Apply a fresh coat (or coats) of Woodoc 25, following the same steps as the initial application. Allow each coat to dry thoroughly and sand lightly between coats.
Special Considerations:
o Protection: Use protective pads under furniture legs to prevent scratches and avoid dragging heavy objects across the sealed surface.
o Moisture Control: Although Woodoc 25 provides good resistance to moisture, it’s important to wipe up spills promptly to prevent water damage.
Additional Tips:
• Ventilation: Ensure proper ventilation during application and drying to facilitate the curing process and reduce the risk of inhaling fumes.
• Temperature and Humidity: Apply Woodoc 25 in a well-ventilated area with moderate temperature and humidity for optimal results.
4.4(d). In the event that the Client elects to purchase a product devoid of floor sealant from JRK, the Client shall assume the obligation to apply sealant to both the interior and exterior floors within twenty-four (24) hours subsequent to the final inspection. Additionally, the Client is mandated to adhere to the maintenance guidelines delineated herein.
4.5. The Client is required to retain receipts or tax invoices for materials utilized in exterior wall weather guarding and floor sealant applications. These documents must be presented upon submission of warranty claims. The purchase dates reflected on these receipts or invoices must align with the purchase date of the Goods and must fall within the time frame stipulated within this clause.
4.6. Any acquisition of materials from a JRK staff member that is not accompanied by an invoice, or any work performed that is not documented on the Client’s invoice, will be deemed fraudulent. Legal proceedings will be initiated under such circumstances, resulting in the immediate voidance of the Client’s warranty.
4.7. Expansion or swelling of timber utilized in wendy style doors and timber-framed windows is excluded from JRK’s warranty coverage. It is the Client’s responsibility to ensure that these doors and windows are in proper operational condition at the time of inspection and prior to the departure of the installation team from the site.
4.8. Should the installation team be required to return to address issues related to the Goods that were not reported and rectified on the day of initial inspection, the associated costs shall be borne by the Client. The Client is responsible for conducting a comprehensive inspection of the Goods upon delivery and ensuring their complete satisfaction with the quality of the Goods. In the event of any unforeseen issues pertaining to JRK’s workmanship, the Client shall notify JRK in writing. JRK will subsequently investigate the matter and provide a written response to the Client regarding the findings.
4.9. The warranty does not cover wear and tear on the floors of any Goods.
4.10. The warranty shall not be applicable to any product in instances where the Client has evicted or removed JRK’s staff during normal business hours, thereby preventing the completion of the installation of Goods.
4.11. The warranty is non-transferable and shall be applicable solely to the original purchasing Client.
4.12. Zinc roofs are excluded from warranty coverage as they are considered inferior to Harvey tile roofs. Zinc roofs are designed for light precipitation conditions and may not withstand heavy rainfall. Consequently, JRK does not guarantee the prevention of leaks in zinc roofs. It is the Client’s responsibility to ensure the waterproofing of the zinc roof, which includes the application of Flash Harry with the membrane at each joint and on both sides of the flashing to reduce the likelihood of leaks.
4.13. JRK will transfer warranties received from suppliers and subcontractors to the Client for goods and services such as locks, doors, windows, electrical, and plumbing, contingent upon the terms and conditions and warranties stipulated by said suppliers and subcontractors.
4.14. Goods are not warranted against damage resulting from acts of God, war, or civil unrest and therefore carry no warranty under such conditions
5. QUOTATIONS
5.1. Assumption of Compliance with Municipal Requirements
JRK assumes that all necessary municipal requirements are satisfied upon the placement of an order by the Client. The Client has the discretion to register their project with the relevant municipality. If the Client chooses to do so, it is their sole responsibility to ensure compliance with all applicable municipal requirements prior to purchasing goods from JRK. JRK shall not be liable for any loss or damage, nor bear any responsibility or cost, whether direct or consequential, resulting from the Client’s failure to comply with municipal requirements. The Client must inform JRK of all municipal requirements and specifications during the initial quotation stage so that these can be included in the quotation, as they may not be part of JRK’s standard manufacturing practice. All architectural plans and other municipal requirements are the responsibility and expense of the Client.
5.2. Sample Floor Designs
The sample floor designs provided by JRK are for informational purposes only and do not replace architectural or building plans. Measurements are calculated from exterior to exterior and may vary to accommodate framework, interior, and exterior cladding.
5.3. Site Visits
Site visits are available upon request. Costs for site visits are calculated based on travel distance and include travel expenses and expert advice, with a minimum fee of R 1,500.00.
5.4. Price and Quotation Validity
Prices are subject to change without prior notice. Quotes are valid for five (5) working days and will automatically expire unless otherwise agreed in writing by JRK.
5.5. Purchase Price
The price of the goods shall be as stated in the relevant quotation or as accepted and agreed between JRK and the Client (“Purchase Price”).
5.6. Estimated Times for Manufacture and Delivery
Times quoted for manufacture, delivery, repair, or replacements are estimates only. JRK will make every effort to meet such estimates but shall not be liable for any loss or damage, whether direct or consequential, arising from failure to manufacture, deliver, repair, or replace any goods within the quoted timeframe.
5.7. Measurements of Goods
All quoted goods’ measurements are calculated from exterior to exterior. Interior measurements may vary to accommodate wall thickness and interior finishing.
5.8. Verification of Quotation Accuracy
It is the duty of the Client to confirm that the quotation delivered by JRK accurately details the specifications and any special requests made by the Client.
5.9. Special Offers and Holding Deposits
Special offers’ prices are valid for thirty (30) calendar days and must be secured with a non-refundable deposit of 10% of the total quotation value. The balance of the deposit is payable within thirty (30) calendar days from the date of the initial 10% “holding deposit.”
5.10. Delivery Address Confirmation
The Client must ensure that the delivery address is correct at the quotation stage before making payment. Should there be an error in the distance or address due to the Client’s mistake, JRK reserves the right to refuse delivery until the correct amount is paid. JRK will reschedule the delivery at its earliest convenience, adhering to strict deadlines.
5.11. NHBRC and Building Association Compliance
The Client must inform JRK during the initial quotation stage if compliance with NHBRC requirements is necessary. The advertised prices are based on a cost-effective product and do not include additional specifications mandated by the NHBRC or any other Building Association. Any costs and responsibilities related to NHBRC enrollment, including architectural plans, soil testing, municipal approvals, and appointment of roof inspectors, are the Client’s responsibility. Once the architectural plans and engineer’s specifications are received, JRK will issue a customized quotation based on the provided information. Although JRK is not registered with the NHBRC or other Home Building associations, JRK can manufacture and construct goods according to the engineer’s and architect’s specifications and instructions if required.
6. ORDERS
Order Acceptance and Payment
Upon acceptance of the quotation, the Client must complete and sign the relevant “Email Body” as well as the Order Form (quotation) and make deposit payment using the relevant quotation reference number. Proof of payment and the accepted and completed quotation must be emailed on the same day to salesdept@jrk.co.za.
7. PAYMENTS
7.1. Wendy Range Payment Schedule
1st Payment: 80% Deposit on Quotation Value.
2nd Payment: 20% on Quotation Value before commencement of roof installation.
7.2. Log Homes Payment Schedule
1st Payment: 50% Deposit on order placement.
2nd Payment: 25% on floor completion.
3rd Payment: 20% on commencement of roof installation.
4th Payment: 5% on the day of completion of the log unit, before the JRK installation team leaves the site.
7.3. Final Payment
The final payment must be made through an instant payment or immediate transfer to prevent delays on the construction site. JRK strongly recommends Electronic Funds Transfer (EFT). All direct cash payments will incur an additional 2.5% levy on the deposited value.
7.4. Ownership of Goods
Ownership of the goods remains with JRK until full payment is received.
7.5. Payment Terms
The Client shall pay JRK all invoices in full without any set-off, counterclaim, or deduction unless otherwise agreed in writing by JRK.
7.6. Late Payments
Late payments will incur interest at a rate of 2% per month.
8. RIGHT TO SUB-CONTRACT
JRK reserves the right to subcontract any part of the work or supply of goods or services under the contract.
9. SCHEDULE
9.1. Delivery Dates
JRK will use reasonable endeavours to meet the dates stipulated in the Client’s order form or quotation but shall not be liable for any loss or damage, whether direct or consequential, arising from failure to meet such dates.
9.2. Indicative Timeframes
Any time or date specified by JRK for delivery, installation, or any other matter relating to the performance of JRK’s obligations shall be indicative only and shall not be of the essence of the contract.
10. RISK OF LOSS
The risk in the goods shall pass to the Client upon delivery to the Client or the Client’s nominated representative.
11. CANCELLATION OF ORDER
11.1a. Cancellation After Purchase of Materials
If JRK has already procured materials, either partially or in full, for the Client’s order, the cancellation of the order by the Client shall not be valid, as JRK purchases materials specifically for each project.
11.1b. Cancellation Before Purchase of Materials
If the Client cancels an order before JRK has purchased project-related materials, JRK reserves the right to charge the Client for all costs incurred up to the cancellation date. These costs may include administrative expenses, planning and design costs, and other directly associated expenses.
11.2. Right to Cancel Orders
JRK reserves the right to cancel any order if the Client fails to comply with these Terms and Conditions or any other agreement between JRK and the Client. This includes, but is not limited to, non-payment, breach of contract, or failure to provide necessary information or approvals timely. JRK will notify the Client of such cancellation in writing, specifying the reasons. Any costs incurred by JRK up to the point of cancellation may be charged to the Client.
12. DELIVERY
12.1. Delivery Endeavours
JRK will use reasonable efforts to deliver the goods to the delivery address specified in the quotation or order form.
12.2. Estimated Delivery Dates
Delivery dates are estimates only and may be subject to change.
12.3. Non-liability for Delayed Delivery
JRK will not be liable for any loss or damage arising from delayed delivery.
12.4. Client Responsibility for Delivery Address
The Client is responsible for ensuring that the delivery address is accessible and suitable for delivery.
12.5. Inspection of Goods Upon Delivery
The Client must inspect the goods upon delivery and notify JRK of any defects or discrepancies within 24 hours.
12.6. Site Requirements
Due to the size and delivery distance of some orders, the JRK installation team may need to stay over for one or more days to complete a project. To minimize costs for the Client, the JRK installation team (2 to 6 individuals) will temporarily reside on-site for the project’s duration.
12.6a. Client Responsibilities for Site Requirements
The Client must ensure that basic facilities are available on-site before the project’s commencement. If these facilities are lacking, it is the Client’s responsibility to either arrange their provision within a 10km radius or provide suitable alternative accommodation.
12.6b. Safety and Security
The Client must ensure that adequate safety and security measures are in place to maintain a safe work environment and prevent vandalism and theft at the building and accommodation site.
12.6c. Accommodation
A leveled camping area must be provided to pitch four tents or provide safe alternative accommodation. During the winter months, the Client must supply adequate accommodations to protect the construction team from cold and severe weather conditions.
12.6d. Water
Drinking water must be available on-site. Water for mixing materials and equipment cleaning must also be provided.
12.6e. Electricity
At least two (2) temporary electrical supply points must be available 24 hours a day for welfare facilities, lighting, and equipment throughout the construction period. If there is no electrical point or during load shedding, the Client will be responsible for generator and fuel costs.
12.6f. Ablution Facilities
A flushable or portable toilet (e.g., Sanitech, B-One Hire) must be provided. A shower with both hot and cold water in an enclosed area must be available. The Client’s compliance with these requirements is essential for the smooth and timely completion of the project. Failure to meet these conditions may result in additional charges or delays.
13. GENERAL
13.1. Entire Agreement
These Terms and Conditions constitute the entire agreement between JRK and the Client and supersede all previous agreements, arrangements, and understandings, whether written or oral, related to the subject matter.
13.2. Amendments
No amendment, alteration, or addition to these Terms and Conditions shall be effective unless made in writing and signed by a duly authorized representative of JRK.
13.3. Severability
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, which shall remain in full force and effect.
13.4. Governing Law and Jurisdiction
These Terms and Conditions and any Contract shall be governed by and construed in accordance with the laws of South Africa, and the parties submit to the exclusive jurisdiction of the South African courts.
14. WARRANTY POLICY ON ELECTRICAL AND PLUMBING WORKS
14.1. Warranty Coverage:
JRK provides a limited warranty on all electrical and plumbing works performed by our team. This warranty covers defects in workmanship and materials used in the installation or repair of electrical and plumbing systems.
14.2. Warranty Period:
The warranty period for electrical and plumbing works is 12 months from the date of completion of the work. Any defects or issues arising within this period will be addressed by JRK at no additional cost to the Client.
14.3. Scope of Warranty:
This warranty covers:
Electrical wiring and connections
Installation of electrical fixtures and appliances
Plumbing pipework and connections
Installation of plumbing fixtures and appliances
14.4. Exclusions:
This warranty does not cover:
Damage or defects caused by misuse, neglect, or improper maintenance by the Client.
Modifications, repairs, or alterations made by third parties not authorized by JRK.
Normal wear and tear, including the natural aging of materials.
Damage resulting from natural disasters, such as floods, earthquakes, or storms.
Any consequential or incidental damages arising from defects in the electrical or plumbing
works.
14.5. Warranty Claims:
To make a warranty claim, the Client must:
Notify JRK in writing of any defects or issues within the warranty period.
Provide access to the property for inspection and necessary repairs.
Provide proof of the original purchase and installation date.
14.6. JRK’s Responsibilities:
Upon receiving a valid warranty claim, JRK will:
Inspect the reported defect or issue.
Determine if the defect or issue is covered under this warranty.
Repair or replace any defective materials or workmanship at no cost to the Client.
14.7. Limitation of Liability:
JRK’s liability under this warranty is limited to the repair or replacement of defective materials or workmanship. JRK is not liable for any indirect, incidental, or consequential damages arising from defects in the electrical or plumbing works.
14.8. Transferability:
This warranty is non-transferable and applies only to the original Client who purchased the services from JRK.
16.9. Governing Law:
This warranty policy shall be governed by and construed in accordance with the laws of the jurisdiction in which the services were provided.