BOREHOLE DRILLING

1. The Contractor – Collateral Trading 456 cc trading as iWater Management hereinafter is referred to as the contractor.
2. The Customer – The customer and/or the property owner being the liable party to settle all invoices of the contractor in full.
3. Any change or amendment or variation of whatsoever nature to the terms of this contract shall be reduced to in writing and signed by both parties hereto.
4. Payment – EFT, a deposit of 70% for booking of project, and balance of 30% immediately payable within 7 days of completion of the agreed work. Amounts under R30 000 are not split and is required in full upfront payment for quoted services.
5. The contractor does not guarantee the interception, quantity, quality and clarity of water, regardless of by whom or whatsoever method the drilling position is determined.
6. In the event of water not being intercepted i.e., a dry hole, and/or the water yield not being sufficient, the customer shall be liable to the contractor for the depth drilled, together with whatever casing might have been used including the cost of the yield test. The same shall be payable in cash or EFT, upon termination of drilling for whatsoever reason. The price per meter in the event of a dry hole remains as quoted and is not reduced. The customer confirms acceptance of this by accepting the quote.
7. Permission to drill rests with the customer and if the quote is accepted, it is agreed that permission to drill was obtained by authority from the customer.
8. In the event of the customer refusing to allow the contractor to proceed with the commencement of drilling and/or its obligations in terms of this contract, whether orally or in writing, for whatever reason, then and in such an event, repudiation of this contract shall entitle the contractor, in its sole and absolute discretion, to recoup pre-estimated damages amounting to 70% of the agreed amount of the contract price. This amount is payable within 48 hours of cancellation of this contract.
9. The removal of the drilling mud and chips or dust is the responsibility of the customer.
10. The contractor shall be exonerated of any damage to movable or immovable property and will not be held liable for any direct loss or consequential loss that may occur due to the drilling process, and or the movement of vehicles and equipment due to the installation process, on or in proximity to the customer’s property.
11. The contractor is also not liable for the loss of life or whatever injury to any person or animal or goods, due to the drilling process, movement of vehicles, equipment or resulting from the instillation process.
12. Serviceability: Use is made of various size drilling rods and bits in the drilling process, and if after completion free rotation and up and down movement is obtained, the borehole will be accepted as serviceable.
13. If Dolomite cavities are encountered and cannot be successfully cased of, and drilling is terminated through loss of air, the client remains responsible for full payment of drilling and casing.
14. In the event of geological subterranean movements, earth tremors or earthquakes which can cause complete or partial collapse of, or render the borehole unusable, the contractor cannot be held liable for any direct or consequential loss that may result.
15. The borehole and installed equipment remain the property of iWater Management until fully paid for. The risk in and to the goods shall pass from the contractor to the customer on the date of delivery of goods to the customers premises.
16. The parties consent to Magisterial Jurisdiction if any dispute arises through this agreement. The customer shall be liable for all costs incurred by iWater Management.
17. The “Customer” hereby agrees and grants permission for iWater Management to use the aforementioned graphics, logos, pictures, videos and/or trademarks for all purposes connected with the business. It is understood that iWater Management may use the aforementioned graphics, logos, pictures, videos and/or trademarks for advertising relating to iWater Management. iWater Management may use the aforementioned graphics, logos, pictures, videos and/or trademarks for these purposes without further permission in terms of the POPI ACT. The “customer” hereby releases iWater Management from all liability relating to the publication or use of the aforementioned graphics, logos, pictures, videos and/or trademarks.

Please note that this Contract and All Quotations and Invoices are Accepted in its entirety, T&C`s once a Deposit is made.

WATER TREATMENTS PLANTS AND SOLAR POWERED SYSTEMS 

1. The Contractor – Collateral Trading 456 cc trading as iWater Management hereinafter is referred to as the contractor.
2. The Customer – The customer hereby agrees to settle all invoices of the contractor in full timeously.
3. Any change or amendment or variation of whatsoever nature to the terms of this contract shall be reduced to in writing and signed by both parties hereto.
4. Payment – EFT, a deposit of 70% for booking of project, and balance of 30% immediately payable within 7 days of completion of the agreed work. Amounts under R30 000 are not split and is required in full upfront payment for quoted services.
5. The contractor does not guarantee that the water quality as per test result will remain the same in future and therefore regular testing is required.
6. Permission to utilize water rests with the customer and if the quote/contract is accepted by signature, it is agreed that permission to utilize water was obtained by all authorities for the customer by the customer.
7. If and when the contractor has been stopped and prevented from proceeding by the client for a period of time, the client hereby agrees to pay the customer on a daily rate for downtime. This daily rate is agreed to R20 000.00 per day (excluding VAT).
8. The removal of rubble will be carried out by contractor as per quote.
9. The contractor shall be exonerated of any damage to movable or immovable property and will not be held liable for any direct loss or consequential loss that may occur during the construction of the water treatment plant, and or the movement of vehicles and equipment during the installation process, on or in proximity to the customer’s property, caused by the customer and or any third party. The contractor does have public liability insurance.
10. The contractor is also not liable for the loss of life or whatever injury to any person, animal or goods due to the water treatment process, movement of vehicles, equipment or resulting from the installation process, if caused by the customer and or any third party.
11. In the event of geological subterranean movements, earth tremors or earthquakes which can cause complete or partial collapse of, or render the borehole unusable, the contractor cannot be held liable for any direct or consequential loss that may result in the water treatment plant not being usable due to the lack of water.
12. The water treatment plant and all installed equipment remain the property of iWater Management until fully paid for. The risk in and to the goods shall pass from the contractor to the customer on the date of goods delivered on side.
13. The parties consent to Magisterial Jurisdiction if any dispute arises through this agreement.
14. The “Customer” hereby agrees and grants permission for iWater Management to use the aforementioned graphics, logos, pictures, videos and/or trademarks for all purposes connected with the business. It is understood that iWater Management may use the aforementioned graphics, logos, pictures, videos and/or trademarks for advertising relating to iWater Management. iWater Management may use the aforementioned graphics, logos, pictures, videos and/or trademarks for these purposes without further permission in terms of the POPI ACT. The “customer” hereby releases iWater Management from all liability relating to the publication or use of the aforementioned graphics, logos, pictures, videos and/or trademarks.
15. These above-mentioned terms and conditions for the water treatment plant construction forms part of the quote of phase 2, and or phase 3, and forms part of this contract.
16. Warranties: iWater Management only enforces the manufactures warranties. No additional warranties are offered unless specified in quotations and agreed to by all parties. Labour may not be included in the warranty and will be chargeable.
17. Solar: In the event that we design our water treatment plant with solar power, the following will also apply, over and above all other terms and conditions of the water treatment plant here above:
17.1 The existing electrical installation must be electrical compliant, and a valid certificate of compliance must be available if so requested prior to any installation by the contractor.
17.2 Should any additional work on the existing electrical installation be required to get it compliant, the work will be done at an extra cost to the client, over and above the existing quote.
17.2 Supporting Structures:
17.2.1 The Customer warrants that the supporting structures are of sufficient stability, durability and strength to take up the imposed loads of the mounting structures, ballasts, rails and modules.
17.2.2 The Customer expressly understands that iWater Management does not design roof structures or concrete slabs, nor is able to offer an independent opinion to the suitability thereof.
17.2.3 The Customer herewith indemnifies iWater Management should the supporting structure fail or not be able to endure the additional loadings.
17.2.4 iWater Management will endeavour to its best ability to advise the Customer as to the suitability of the supporting structure but in no manner whatsoever does this imply a structural approval or assume design responsibility thereof.
17.3 All electronic equipment, cable runs, boxes, distribution boards, storage systems, switches and displays must be kept clean, dry and dust free by the Customer at all times after installation.
18. The Goods will be commissioned on or before the date of handover.
19. All Goods are to be included in the Customers “homeowners /Body corporate” or building insurance on date of delivery to site.
20. The risk in the products passes onto the customer immediately when delivered to the site by iWater Management.
21. Ownership vests with iWater Management until full and final payment is received by iWater Management irrespective whether the equipment is installed or not.
22. Warranty:
22.1 iWater Management warrants that it has the necessary expertise to install the Solar System and in this regard provides the customer with a 2-year installation warranty.
22.2 In the event of the goods replaced under supplier warranty, iWater Management will reinstall the Goods free of any labour charge for a period of 2-years from date of initial commissioning.
22.3 In the event of the goods being replaced under this sub clause 22.2 the Customer will be liable for charges for the replacement of all consumables, cables, cable links, fuses, surge arrestors, switches, disconnectors, circuit breakers and indicator lights.
22.4 All warranties provided by the suppliers to iWater Management will be passed directly on the client for same time frame.
23 No Warranty – Goods:
23.1 iWater Management shall have no liability in respect of and does not provide any warranty in relation to the Manufacturer’s Specifications, whether same have been supplied by iWater Management to the Customer or not.
23.2 The Customer acknowledges and accepts that iWater Management is not the manufacturer of the Goods and acts merely as a contractor for the distributor of the Goods. Accordingly, iWater Management is excluded to the fullest extent permitted by law of all warranties, conditions and other terms implied by statute, common law or otherwise.
23.3 iWater Management warrants that on delivery and on commissioning, the Goods shall be free from material defects in design, material and workmanship.
23.4 The warranties contained in clause 23.3 do not include:
23.4.1 Any equipment, materials or supplies not supplied by iWater Management.
23.4.2 Damage or loss of function sustained during periods with wind speeds exceeding 40 km per hour or submersion in water unless the Goods are designed to operate in such conditions.
23.4.3 Any accidental loss or damage not caused by iWater Management or any loss or damage caused by any acts of God or any loss or damage to the extent contributed by any acts of God;
23.4.4 defects, failures, damages, or performance limitations caused in whole or in part by power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside iWater Management control.
24. The conditions set out in this clause shall apply to any new, repaired or replacement Goods supplied to the Customer.
25. Any valid warranties will be void if any third parties besides iWater Management were to be instructed by the client to do any work on this system.
Please note that this contract/signed quotation and any invoices thereafter are deemed accepted by the customer in its entirety, including all T&C`s, alternatively once a deposit is made.
Bank details will be provided on quote.