These Terms and Conditions ("Agreement") constitute a legally binding agreement between Nailed It Solutions Pty Ltd, hereinafter referred to as the "Company," and the customer, hereinafter referred to as the "Customer," collectively referred to as the "Parties."
---
### *1. SERVICES OFFERED*
The Company provides property renovation, waterproofing, and property maintenance services, as described on its website, in brochures, or through written agreements. The scope of services, including pricing and additional terms, will be specified in a Quotation agreed upon and accepted through a deposit payment between the Parties.
---
### *2. PAYMENT AND BILLING*
Payment terms, including pricing, fees, and billing cycles, shall be as outlined in the Quotation. The Customer agrees to make payments promptly as specified. Failure to comply may result in additional charges or termination of services.
---
### *3. SCHEDULING AND APPOINTMENTS*
The Company will make reasonable efforts to accommodate the Customer's scheduling preferences. Scheduling is subject to availability and may be adjusted to ensure efficient service delivery. The Customer agrees to provide access to the premises and be available at the scheduled appointment time.
---
### *4. CANCELLATION AND RESCHEDULING*
The Customer may cancel or reschedule appointments with advance notice, as stipulated in the written agreement or on the Company's website. Insufficient notice may result in cancellation fees or rescheduling restrictions.
---
### *5. WARRANTY AND GUARANTEE*
The Company warrants that all services will be performed professionally and workmanlike. Specific warranties or guarantees related to the services will be detailed in the written agreement.
5.1 - *Roof Waterproofing Guarantee*:
The Company offers a 15-year product guarantee for roof waterproofing.
This guarantee is applicable only to projects where the entire roof is waterproofed by Nailed It Solutions.
The warranty is a product warranty only and applies exclusively to product failure.
Applying other products or materials over the waterproofing product will void the warranty.
---
### *6. LIABILITY AND DAMAGES*
The Company is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any property loss, arising from the provision of its services unless expressly stated in the written agreement.
---
### *7. CUSTOMER RESPONSIBILITIES*
The Customer must provide accurate and complete information about the scope of work and relevant details. The Customer is responsible for removing personal property or valuables from the work area before services commence.
---
### *8. FEES AND ADDITIONAL WORK*
Fees may change if additional or altered requirements lead to extra work.
Additional work due to unforeseen circumstances will be communicated before proceeding, allowing the Customer to approve the costs.
All work is weather-dependent.
---
### *9. PAYMENT TERMS AND PROJECT ACCEPTANCE CLAUSE*
A deposit is required to secure a booking and must be paid in full before confirmation or project scheduling.
The balance payment is strictly Cash on Delivery (COD) and must be settled in full upon project completion.
Any concerns regarding the completed work must be reported in writing within three (3) days of completion. If no written notification is received, the work will be deemed satisfactory.
---
### *10. TERMINATION*
Either Party may terminate the agreement with written notice, as outlined in the written agreement or on the Company's website. The Company reserves the right to terminate services for non-payment, violation of terms, or other valid reasons.
---
### *11. GOVERNING LAW*
This Agreement shall be governed by South African laws. Legal action arising from this Agreement shall be adjudicated in the appropriate courts in South Africa.
---
### *12. ENTIRE AGREEMENT*
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements related to its subject matter.
---
### *13. AMENDMENTS*
The Company may unilaterally amend these Terms and Conditions by publishing updates on its website. Services rendered or agreements concluded after publication will adhere to the amended Terms.
---
### *14. QUOTATION AND PRICING ADJUSTMENTS*
14.1 - The Company reserves the right to cancel, amend, or withdraw a quotation if it becomes impractical or uneconomical to fulfill at the quoted rate, with no liability to the Customer.
14.2 - Quotations are subject to revision due to changes in costs, exchange rates, or external factors.
---
### *15. ROOF WATERPROOFING GUARANTEE (DETAILED)*
Refer to section 5.1 for terms specific to the 15-year roof waterproofing guarantee.
---
### *16. CONTACT US*
For questions or concerns regarding these Terms and Conditions, please contact us at admin@naileditsolutions.co.za.
---
### *29. QUOTATIONS & ESTIMATES*
29.1 - Nailed It Solutions shall be entitled at any time, by notice to the Client, to cancel, amend, or withdraw any quotation or estimate if it becomes impracticable or uneconomical to fulfill the contract at the quoted or estimated rate. The Client shall have no claim whatsoever against Nailed It Solutions for any loss arising from such cancellation, amendment, or withdrawal.
29.2 - Without limiting clause 29.1, all quotations, estimates, and agreements are subject to revision without notice due to increases in material costs, labor rates, equipment hire, or other unforeseen expenses. Any revisions will reflect such changes, and failing agreement, the rates shall be determined by auditors acting as experts, whose decision shall be final and binding.
29.2.1 - *Indemnification for Erroneous Quote*: The Client indemnifies Nailed It Solutions against any losses or damages incurred due to reliance on an erroneous quote.
29.2.2 - *Unforeseen Additional Costs Clause*: The Client acknowledges that the quote excludes unforeseen costs, such as structural changes, regulatory compliance, or other additional requirements, which shall be for the Client's account.
29.2.3 - *Expiry Period for Quotes*: Quotations have a specified expiry period, after which they are subject to review and potential revision. The Client should confirm current rates if the quotation has expired.
29.2.4 - *Fluctuation of Rates Clause*: Rates may fluctuate due to changes in market conditions, including material prices or labor costs. Accordingly, quotes may be adjusted to reflect these changes.
---
### *30. NO CLAIMS AGAINST NAILED IT SOLUTIONS’ MEMBERS AND EMPLOYEES*
The Client agrees that no claim shall be made against any director, employee, or contractor of Nailed It Solutions for any liability in connection with services rendered. The Client waives all such claims.
---
By engaging the Company’s services, the Customer acknowledges they have read, understood, and agree to these Terms and Conditions. If not, they should refrain from using the services or making a deposit payment.