MAIN CONTRACTOR:

MCH Interiors will be the main contractor for the project. MCH interiors’ contract will be signed directly with the end customer, from whom payment will be expected. MCH Interiors reserves the right to appoint sub-contractors to execute all or part of the work to be executed.

PAYMENT TERMS:

MCH Interiors payment terms are as follows:

The contract price shall be the price on our quotation or failing a quotation, shall be our invoice price. A 50% deposit shall be payable upon engaging our services and the balance shall be paid upon delivery or tendered delivery, whichever be the earlier. Payments are to be made via electronic funds transfer (EFT) directly into MCH Interiors Bank Account.

The account details are as follows:

Account Holder: MCH Interiors CC (Reg No: 1992/02598/23 ) Bank: ABSA Bank Branch: Parow; Branch Code: 632005 Account number: 450142700 Reference: [Invoice Number/Job Number]All materials and installations will be the property of MCH Interiors until the contract value has been settled in full. MCH Interiors reserves the right to remove these materials and installations should there be any default on the terms and conditions as contained herein.

VARIATIONS ON ORDERS:

In the quotation process, allowance is made for all goods and services to be rendered by MCH Interiors as per plans submitted. However, unforeseen variations may arise on projects once actual work commences. Elective variations may also be made to the contract on drawings and in discussions with yourselves. These items result in additional costs to the project over and above the quoted price. 2 These variations will be noted, discussed and authorized by the project manager and will be invoiced separately.

Warranties:

All Warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. MCH Interiors warranty for breach of warranty hereunder is limited solely to the replacement of the defective goods. It is to be noted that such defects should not have been caused during transport or shipment by the Client and or any of its agents. Failure by the Client to notify MCH Interiors in writing of any defects within 48 hours of goods being delivered shall constitute a waiver by the Client of all claims in respect to such goods and/or services. The foregoing shall constitute the sole remedy of the Client and the sole liability of MCH Interiors under this warranty.

Returns:

No Goods shall be returned for credit without written consent from MCH Interiors management.

Delivery:

The Client/Buyer shall assume all risk of loss or damage upon collection by the Client/Buyer or on delivery by MCH Interiors. MCH Interiors shall not be liable for any damages once the goods have been collected from its factory premises by the client. Goods ready for dispatch and to be collected by the client will be subject to a quality check and sign off by the client or any of its agents used in transporting the goods. Goods delivered by MCH Interiors will be required to be inspected and approved by the client prior to delivery. Claims by the client for shortages or errors in delivery Must be reported in writing within 48 hours of delivery thereof, failing which the client shall be presumed to have received the correct number of items. Goods manufactured and Installed by MCH Interiors are subject to standard manufacturing practices as per the shopfitting industry norms and standards. Scheduled dates of delivery are determined upfront and agreed to by MCH Interiors and the Client. Any variation to the agreed delivery date is to be communicated to MCH Interiors timeously and depending on MCH Interiors capacity it will endeavor and not guarantee to meet such changed delivery date.

Delay:

If the Client requests deferral of deliveries, MCH Interiors agreement to defer delivery shall not excuse the Client from its obligation to pay for the goods and services at the same times and in the same quantities as the original delivery schedule, including interest due pursuant to these terms and conditions. In addition to adhering to the original payment schedule, the Client shall pay such storage charges as MCH Interiors may assess for storing the goods awaiting delivery. If the Client requests deferral prior to commencement of production, MCH Interiors may require progress payments in connection with expenses for materials and services incurred by MCH Interiors in anticipation of production.

Cancellation:

Orders accepted by MCH Interiors are subject to cancellation by the client only upon the express written consent of MCH Interiors. Upon such cancellation and consent, MCH Interiors shall cease work and hold for the Client/Buyer all completed and partially completed articles and work in progress and Client/Buyer shall pay MCH Interiors for all work and materials that have been committed to and/or identified to MCH Interiors’ order plus a cancellation charge as prescribed by MCH Interiors, in addition to a reasonable profit to MCH Interiors on the entire contract.

Indemnification:

The Client agrees to save and hold MCH Interiors harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by the Client or Client’s customers, agents, employees or invitees involving the use of the goods supplied by MCH Interiors. This indemnification shall include all costs, attorney’s fees and other expenses paid or incurred by or imposed upon MCH Interiors in connection with the defense of any such claim.

Default:

In the case of default or breach by the Client in the performance of any or all of the provisions as set out above, MCH Interiors may cancel any outstanding order from the Client and declare all obligations immediately due and payable, and shall in addition have all remedies afforded to it in Law. The Client shall in addition, be liable for MCH Interiors expenses incurred in exercising any remedies available to it, including reasonable attorney’s fees and legal expenses. All unpaid obligations shall bear interest at the contract rate provided under terms of payment above.

Governing Law:

These terms and Conditions as set out herein shall be subject to and construed in accordance with the laws of South Africa and the parties hereby agree and submit to the jurisdiction of the South African Courts