Terms and Conditions of Sales & Services
Company Registration No. 2013/235374/07 | VAT No. 4630265835
This document forms an integral part of the quote provided. Acceptance of the quote constitutes full agreement to these terms, whether by payment, written approval, or signature.
1. Quotation and Scope
1.1 This quotation includes only the items and services specifically listed. Any additional items, changes in scope, or deviations from the original design must be confirmed in writing and may incur additional charges.
1.2 The quotation is valid for 7 calendar days from the date of issue.
2. Acceptance and Deposit
2.1 A 70% deposit is required to confirm the order, secure or procure materials, and reserve production and installation capacity.
2.2 No work will commence until the deposit has been received in full.
2.3 Payment of the deposit by the client constitutes full and binding acceptance of the quotation and all accompanying Terms and Conditions. No signature is required for this agreement to be enforceable.
2.4 Once paid, the deposit is non-refundable if the client cancels the project, except where a refund is required by applicable law or where Mammoth Solid Surfaces is unable to perform the agreed work.
2.5 The deposit may be applied toward materials, administration, design or estimating work, production planning, reserved capacity, fabrication, and other costs incurred in preparing for the project
3. Balance of Payment
3.1 The remaining 30% balance becomes payable immediately upon completion of the project and confirmation of satisfaction by the client.
3.2 Written confirmation of satisfaction, including via WhatsApp, SMS, or email, will be accepted as final approval of the completed work.
3.3 Once satisfaction is confirmed, the client will have 3 business days to raise any concerns or defects in writing. If no concerns are raised within this period, the project will be deemed fully accepted and payment will remain due.
3.4 Overdue invoices will attract interest at 2% per month, compounded monthly, from the due date until final payment is received.
4. Ownership and Risk
4.1 All goods and materials supplied remain the property of the supplier until full and final payment has been received.
4.2 Risk in the goods passes to the client upon delivery or installation.
5. Refunds, Cancellations and Call-Out Fees
5.1 All cancellation requests must be submitted in writing.
5.2 If the client cancels after paying the deposit, the deposit is non refundable, subject to applicable law. The client also remains liable for any work completed, materials ordered, fabrication performed, third-party charges, or other costs exceeding the deposit.
5.3 Special-order, cut-to-size, fabricated, customised, or otherwise client-specific products cannot be cancelled or returned once procurement or production has commenced, unless defective or otherwise required by law.
5.4 If Mammoth Solid Surfaces cancels the project and cannot provide the agreed goods or services, amounts paid for undelivered goods or services will be refunded, less any amount lawfully due for work already completed or goods already supplied.
5.5 Any residential consultation, call-out, or measurement fee must be paid before the appointment is confirmed.
5.6 If the client accepts the quotation, proceeds with the project, and pays the required project deposit, the qualifying call-out or measurement fee will be credited in full against the final project invoice. This is an invoice credit and not a cash refund.
5.7 If the client does not proceed with Mammoth Solid Surfaces, the call-out or measurement fee is nonrefundable because it covers the time, travel, consultation, and measurement service already provided.
5.8 Call-out, stand-down, rescheduling, return-to-site, travel, storage, or other charges caused by a site not being ready, denied access, unsafe conditions, or client-caused delays are not qualifying measurement fees and will not be credited or refunded.
5.9 Where a refund is approved or legally required, it will normally be initiated to the original payment method within 7 to 10 business days after written approval. Bank or payment-provider processing times may apply.
6. Installation Requirements and Exclusions
6.1 Substrates are not included in the scope of supply.
6.2 Sanitary ware, fittings, and fixtures are excluded unless explicitly stated otherwise.
6.3 Removal or disposal of existing tops is excluded unless specified in writing.
6.4 There needs to be adequate support every 700 mm.
6.5 Surfaces are heat-resistant, not heatproof.
6.6 Wall preparation, plastering, painting, and other finishing works are not included.
Warranty and Care Note
Solid surfaces are durable, non-porous, and repairable but not indestructible. Normal wear and tear, impact damage, heat exposure, or chemical misuse are not covered under any workmanship warranty. Proper care and maintenance are essential to preserve the finish and integrity of the surface. Detailed cleaning and care guidelines are available on request.
7. Legal Recovery and Costs
7.1 In the event of non-payment, the supplier has the right to pursue legal recovery of outstanding amounts.
7.2 The client agrees to be liable for all legal and collection costs, including but not limited to attorney fees on an attorney-and-own-client scale, tracing fees, and disbursements.
7.3 The client consents to the jurisdiction of the Magistrate’s Court for the enforcement of any claims, regardless of the value of the claim.
8. Removal of Goods
8.1 If payment is not received within 14 calendar days of final invoicing, the supplier reserves the right to seek a court order for the removal of installed goods.
8.2 The client shall remain liable for any damages, losses, or reinstallation costs resulting from the removal.
9. Disputes and Defects
9.1 Any defects, complaints, or concerns must be submitted in writing within 3 business days of the client confirming satisfaction.
9.2 If no issues are raised within this period, the work shall be deemed fully accepted.
9.3 Slight variations in texture, colour, or pattern due to batch differences or manufacturing limitations shall not be considered defects.
9.4 Mammoth Solid Surfaces must be given a reasonable opportunity to inspect and, where appropriate, repair, replace, or otherwise remedy an alleged defect before any refund or deduction is considered.
10. Media and Marketing
10.1 The supplier reserves the right to photograph completed work and use such images for marketing, social media, and portfolio purposes, unless expressly declined by the client in writing before completion.
11. Site Readiness, Access and Stand-Down Charges
11.1 Client Site Readiness Obligations. The Client warrants that, by the scheduled start date and time, the Site will be safe, accessible, and ready for the Works, including: level and secure substrates, walls and structures suitable to receive the Company’s product; all preceding trades completed with adequate cure times; clear access routes, hoisting or parking permissions and working space; live power and lighting; weather protection for external works; and all required approvals or permits.
11.2 Readiness Confirmation. The Client must confirm Site readiness at least 48 hours before the scheduled visit. The Company may request photographs, drawings, or a signed checklist as reasonable evidence.
11.3 Aborted or Delayed Visits. If the Site is not ready, access is denied, or conditions are unsafe, the Company may charge the following without prejudice to any other rights:
11.3.1 Stand-Down Fee: R650 per person-hour, with a minimum of four hours per scheduled team member. After-hours, weekends, or public holidays are charged at 1.5 times the normal rate, being R975 per person hour.
11.3.2 Call-Out Fee: R850 per site attendance, plus R6.50 per kilometre travel charge, calculated round-trip.
11.3.3 Rescheduling Fee: R1,200 to reallocate production and installation capacity.
11.3.4 Storage and Handling Fee: R250 per sheet or worktop per day where materials have been fabricated or procured but cannot be installed.
11.3.5 Return-to-Site: The full cost of any additional visits, permits, or labour required due to the Aborted Visit.
11.3.6 Progress Invoicing: The Company may invoice completed off-site works and materials, and labour time allocated to the Aborted Visit as if the visit had proceeded.
11.3.7 Extension of Time: Completion dates and milestones will be extended by at least the delay period plus reasonable re-programming time.
11.4 No Liability for Site-Caused Delays. The Company is not liable for liquidated damages, penalties, acceleration costs, or consequential losses, including loss of profits or use, arising from an Aborted Visit, lack of Site readiness, delays caused by other trades or the Client, or circumstances beyond the Company’s control.
Mammoth Solid Surfaces | valdo@mssurfaces.co.za | Unit 9B, Middle Park Business Complex, 77 Craig Road, Anderbolt, Boksburg, 1459
11.5 Special-Order and Fabricated Items. Risk of loss and payment obligations for special-order materials and fabricated items remain with the Client. Aborted Visits do not entitle the Client to suspend or withhold payment.
11.6 Evidence of Non-Readiness. The Company may complete a Site Readiness Report with time-stamped photographs, video, and notes. If the Client declines to sign, the report may still be used as evidence of nonreadiness.
11.7 Variations. Extra works, temporary protections, or out-of-sequence work required due to non-readiness constitute Variations and will be charged at the Company’s prevailing rates plus VAT.
11.8 Priority and Conflict. If there is a conflict between a purchase order’s penalties or liquidated damages and this clause regarding Site-caused delay or non-readiness, this clause prevails.
12. After-Hours / Remedial Work Disclaimer (Special Works)
12.1 Where Mammoth Solid Surfaces is appointed to perform remedial or after-hours work on material, fabrication, or installation originally supplied or undertaken by a third party, Mammoth Solid Surfaces accepts no
responsibility for the integrity, suitability, condition, or quality of the original material, fabrication, substrate, or installation.
12.2 Mammoth Solid Surfaces’ role is limited strictly to the remedial, joining, repair, alteration, or finishing work described in the accepted quotation. This may include cutting, inserting inlay strips, sanding, polishing, or other work intended to achieve a practical joint or repair. Unless expressly guaranteed in writing, such joints or repairs may remain visible.
12.3 Where additional or replacement material must be sourced, the client acknowledges that batch, colour, pattern, grain, texture, gloss, age, weathering, or manufacturing variations may prevent an exact match. These natural or manufacturing differences do not constitute a defect in Mammoth Solid Surfaces’ remedial work.
12.4 By proceeding, the client acknowledges that remedial or after-hours work is performed under urgency, restricted access, incomplete information, existing defects, or other limitations and that the finished result may differ aesthetically from a newly fabricated installation.
12.5 Unless expressly stated otherwise in writing, Mammoth Solid Surfaces provides no warranty or guarantee over the underlying third-party material, fabrication, installation, substrate, or pre-existing work. Any workmanship warranty applies only to the specific remedial work performed by Mammoth Solid Surfaces and remains subject to the limitations recorded in the quotation.
12.6 The client accepts the risks inherent in working on existing or third-party installations. Mammoth Solid Surfaces shall not be liable for pre-existing defects, concealed conditions, colour or batch differences, movement, cracking, failure of surrounding work, or indirect or consequential loss arising from the original work or material.
12.7 Payment Terms for Remedial or After-Hours Work. Unless the quotation expressly states otherwise, full payment of 100% is required before materials are ordered, production or scheduling is confirmed, or work commences. Once paid, this amount is non-refundable if the client cancels, subject to applicable law and the refund provisions in clause 5.
12.8 No work, including ordering materials, reserving after-hours capacity, or commencing off-site preparation, will begin until the required payment has cleared in full.
13. Governing Law
13.1 This agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
13.2 Nothing in these terms limits any non-excludable rights available under applicable South African law.
14. Acknowledgement
14.1 By accepting the quote through deposit payment or by confirming satisfaction via written communication, including email, SMS, or WhatsApp, the client confirms that they have read, understood, and agreed to all the Terms and Conditions outlined above.