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Terms & Conditions
VALUE FENCING®
TERMS & CONDITIONS OF SALE
(Applicable to all Estimates / Quotations, Sales, Supply, Delivery and Installation Work)
1. DEFINITIONS AND INTERPRETATION
1.1 "Company" means the specific Value Fencing® legal entity expressly identified as the contracting party in the relevant Estimate / Quotation, Sales Order, Tax Invoice and/or Final Invoice, being either:
1.1.1 the franchisor entity, if expressly stated as such; or
1.1.2 an authorised Value Fencing® franchisee, if expressly stated as such.
1.2 "Franchisor" means the owner and franchisor of the Value Fencing® brand, franchise system, intellectual property, business methods, technical systems, service standards and network.
1.3 "Franchisee" means an independently owned and operated business authorised under licence to trade under the Value Fencing® brand within a defined territory.
1.4 "Customer" means the person, company, close corporation, trust, body corporate, partnership, contractor, developer, association or other entity accepting the Estimate / Quotation and/or purchasing Goods and/or Services from the Company.
1.5 "Estimate / Quotation" means any written estimate, quotation, proposal, tender submission, sales offer, pricing schedule, email offer, WhatsApp offer, scope document or similar document issued by the Company.
1.6 "Goods" means the products supplied by the Company, including but not limited to fencing, gates, pergolas, shutters, screens, wall screening, balustrades, louvres, hardware, accessories, posts, rails, panels, brackets, consumables and related items.
1.7 "Services" means all services rendered by the Company, including but not limited to measuring, design input, call-outs, delivery, installation, labour, site attendance, repairs, maintenance, removals, snag rectification and related work.
1.8 "Site" means the property, premises, complex, estate, building or location where Goods are delivered and/or Services are performed.
1.9 "Completion" means substantial completion of the supply and/or installation work, notwithstanding minor snags, touch-ups, adjustments, commissioning items or non-material outstanding items.
1.10 "CPA" means the Consumer Protection Act 68 of 2008, as amended, together with regulations applicable thereto, to the extent applicable.
1.11 "Applicable Law" means the laws of the Republic of South Africa, including the CPA where applicable.
1.12 Words importing the singular include the plural and vice versa. A reference to a natural person includes a juristic person where the context permits.
2. APPLICABILITY
2.1 These Terms and Conditions apply to all transactions between the Company and the Customer unless specifically varied in writing and signed by the Company.
2.2 These Terms and Conditions form part of every Estimate / Quotation, order, sale, supply, delivery and installation transaction undertaken by the Company.
2.3 Any terms contained in a Customer purchase order, contractor document, subcontract document, procurement portal, tender condition, JBCC documentation, email footer or internal standard terms shall not apply unless expressly accepted in writing by the Company.
2.4 If there is any conflict between these Terms and Conditions and any Customer terms, contractor conditions, site rules, procurement terms or JBCC documentation, these Terms and Conditions shall prevail unless the Company expressly agrees otherwise in writing.
3. CONTRACTING ENTITY AND BRAND CAPACITY
3.1 The Customer acknowledges that only the legal entity expressly identified on the relevant Estimate / Quotation and/or invoice is the contracting party.
3.2 The fact that a business trades under the Value Fencing® brand does not in itself make the Franchisor the contracting party.
3.3 Unless the Franchisor is expressly stated as the contracting party in writing, each Value Fencing® franchisee contracts with Customers for its own account as an independent business.
4. RETENTION OF TITLE (OWNERSHIP)
4.1 All Goods supplied remain the sole property of the Company until full and final payment has been received in cleared funds.
4.2 Ownership shall not pass merely because Goods have been delivered, installed, affixed or incorporated, to the fullest extent permitted by law.
4.3 The Company may, without limiting any other rights and where legally permissible, enter the premises or procure access to recover Goods for which payment has not been received.
4.4 The Customer shall not sell, cede, pledge, encumber or otherwise dispose of unpaid Goods without the prior written consent of the Company.
5. SUPPLIER DESIGNATION / NO SUBCONTRACTOR STATUS
5.1 The Company is appointed as supplier and/or installer only, as described in the Estimate / Quotation.
5.2 The Company rejects designation as a subcontractor unless expressly accepted in writing.
5.3 The Company shall not be bound by JBCC terms, retentions, penalties, pay-when-paid provisions, set-offs, back-charges, nominated-subcontractor obligations or other third-party contract terms unless expressly agreed in writing by the Company.
6. ESTIMATES / QUOTATIONS / VALIDITY
6.1 All Estimates / Quotations are subject to these Terms and Conditions.
6.2 Due to ongoing geopolitical instability, raw material shortages, manufacturing volatility, maritime disruption, shipping route instability, exchange rate volatility, freight increases and rapid supplier cost changes, all quotations issued by the Company are strictly valid for twenty-four (24) hours from the date and time of issue unless expressly stated otherwise in writing.
6.3 Any quotation not formally accepted in writing within the validity period shall automatically lapse and may be withdrawn, amended or re-issued.
6.4 Acceptance of the quotation must be accompanied by confirmation of the applicable payment terms and any required deposit in order to secure pricing, stock allocation, production scheduling and installation booking.
6.5 The Company reserves the right to withdraw, amend or correct any Estimate / Quotation where an error exists, including incorrect pricing, incorrect quantities, omissions, scope errors, incorrect line items or obvious mistakes.
6.6 All quoted quantities are estimates and remain subject to final measurement, actual installation requirements, site conditions, cutting losses, accessory requirements, slope conditions, structural requirements and approved final layout.
6.7 Delivery and installation dates are estimates only and may change due to stock availability, site readiness, weather, transport, imports, project sequencing, manufacturing lead times, labour constraints or supply chain disruptions. The Company shall not be liable for losses arising from reasonable delays, subject always to rights that cannot lawfully be excluded.
6.8 Images, brochures, renderings, website illustrations, social media images and emailed or messaged pictures are for illustration only. Final appearance, accessory types, hardware, finish detail and minor visual differences may vary reasonably depending on product upgrades, supply availability and technical suitability.
6.9 Unless expressly included in writing, gates, motors, automation, electrical work, painting, demolition, approvals, engineering input, waterproofing, scaffold, skip hire, specialist access equipment and non-standard accessories are excluded.
6.10 Product and material warranties, where applicable, become operative only once the account has been paid in full.
6.11 The Customer consents to reasonable risk-control checks, including identity verification, company verification and credit checks where required.
6.12 Customer personal and business information may be collected, retained and processed in accordance with the Company's applicable privacy and lawful operational requirements.
7. PRICING BASIS / REPLACEMENT VALUE PRINCIPLE / PRICE ESCALATION
7.1 All pricing is calculated on the basis of current supplier pricing, raw material costs, production costs, labour inputs, exchange rates, transport costs, energy costs, packaging costs and related cost inputs applicable at the time of quotation.
7.2 Due to volatility in material and logistics markets, pricing is based on the replacement value principle, meaning Goods shall not be sold below the realistic cost required to replenish, reproduce or replace stock under prevailing market conditions.
7.3 PVC, aluminium, steel hardware, packaging, transport, energy and imported inputs are subject to material and sometimes sudden price fluctuation.
7.4 Should there be any material increase in:
7.4.1 raw material costs;
7.4.2 supplier prices;
7.4.3 extrusion or manufacturing costs;
7.4.4 packaging costs;
7.4.5 fuel or energy costs;
7.4.6 freight or transport charges; or
7.4.7 exchange-rate impacted imported inputs,
before production, dispatch or delivery, the Company reserves the right to revise pricing proportionally and reasonably.
7.5 Where pricing is revised prior to manufacture or dispatch, the Customer will be notified and may either accept the revised pricing or cancel the affected order before manufacture or dispatch proceeds.
7.6 Any escalation shall be objectively motivated, commercially reasonable and subject to Applicable Law.
8. PAYMENT TERMS
8.1 A 60% deposit is required before production, preparation, procurement, reservation of materials, scheduling or dispatch preparation begins, unless expressly stated otherwise in writing.
8.2 The full balance becomes due immediately upon Completion and/or issue of the final invoice, whichever occurs first.
8.3 The Customer may not withhold payment, including any retention amount, due to snags, touch-ups, minor adjustments, non-material outstanding items or disputes unrelated to the specific invoiced amount.
8.4 Any discount granted is a settlement discount and automatically lapses if payment is not received in full within 7 (seven) calendar days from invoice date.
8.5 If payment is not received within 14 (fourteen) calendar days, the Company may cancel the invoice and reissue at current pricing, without prejudice to any other rights.
8.6 Repair jobs, maintenance jobs, cash jobs, small-call-out jobs and supply-only jobs may be payable fully upfront.
8.7 Payment shall only be deemed made once cleared funds reflect in the Company's nominated bank account.
8.8 Acceptance of a quotation may occur through written approval, signature, email confirmation, SMS confirmation, WhatsApp confirmation, deposit payment, instruction to proceed or allowing access to site for delivery or installation. Such acceptance constitutes acceptance of these Terms and Conditions.
9. CUSTOMER RESPONSIBILITIES
9.1 The Customer is responsible for obtaining all approvals, permissions and consents required for the works, including municipal approvals, estate approvals, body corporate approvals, HOA approvals, landlord consent or any other required authority approvals, unless the Company has expressly agreed in writing to manage same.
9.2 The Customer is responsible for ensuring compliance with title deeds, estate rules, municipal by-laws, National Building Regulations, SANS requirements where applicable, and any other applicable rules or restrictions.
9.3 Unless specified otherwise, post caps quoted are standard flat caps. Any upgraded cap option is extra.
9.4 The Customer confirms that the quoted scope, specification, style, dimensions, layout and product selection have been understood and approved before manufacture, preparation or procurement begins.
9.5 The Customer must provide:
9.5.1 safe and reasonable access to site;
9.5.2 water and 220V power where reasonably required;
9.5.3 access to both sides of walls or boundaries where required;
9.5.4 a suitable mixing or work area where required;
9.5.5 animal restraint and any required access codes;
9.5.6 reasonably usable toilet facilities for workers where possible.
9.6 Materials stored on site remain at the Customer's risk unless otherwise agreed in writing.
9.7 The Customer must provide accurate site plans and/or identification of underground and hidden services, including stormwater, piping, irrigation, ducting, sleeves, electrical cabling and related services. If this is not provided, the Customer indemnifies the Company against related damage and claims to the fullest extent permitted by law.
10. INSTALLATION / TECHNICAL / SITE CONDITIONS
10.1 Any specific spacing, gap, alignment requirement, visual symmetry requirement or architectural instruction must be requested in writing on acceptance.
10.2 Any scope changes after acceptance may result in additional costs, revised lead times and revised installation scheduling.
10.3 Certain styles and site conditions may require stepping, sloping, extra posts, extra labour, extra concrete, extra consumables, revised panel layout or additional structural measures.
10.4 Standard clearance gap under fencing, wall screening or similar products is typically approximately 40mm to 50mm, unless otherwise agreed in writing and unless site conditions reasonably require variation.
10.5 The Company may reasonably determine whether sections are stepped, sloped, bracket-fixed, core-fixed or otherwise technically installed, unless the Customer requests otherwise in writing and such request is technically suitable.
10.6 Balustrade installations are aligned to principal compliance criteria relevant to the quoted scope unless the Customer instructs a reduced-spec or non-compliant installation, in which case liability for that instruction remains with the Customer.
10.7 PVC products are not designed for soil retention, retaining-wall use or unintended structural loading. Such use voids applicable warranties.
10.8 The Company's pricing is based on normal and reasonably accessible site conditions. Hidden conditions, hard digging, rock, demolition, restricted access, unstable walls, defective structures, abnormal concrete requirements, scaffold requirements, generator requirements and unusual access constraints may result in additional charges.
11. 12-MONTH INSTALLATION AND WORKMANSHIP WARRANTY
11.1 The Company provides a limited Installation and Workmanship Warranty of 12 (twelve) months from the date of Completion, unless a different written workmanship period is expressly stated in the quotation or invoice.
11.2 This workmanship warranty covers reasonable workmanship-related defects attributable solely to installation workmanship performed by the Company.
11.3 This workmanship warranty does not cover:
11.3.1 tampering, third-party repairs, alterations or adjustments;
11.3.2 storm, wind, flood, vandalism, impact or accidental damage;
11.3.3 movement of walls, structures, paving, soil, foundations, columns or substructures;
11.3.4 misuse, abuse, neglect or use contrary to instructions;
11.3.5 damage caused by use before concrete or anchoring systems have adequately cured;
11.3.6 normal wear and tear;
11.3.7 environmental deterioration or lack of maintenance;
11.3.8 products or work not fully paid for.
11.4 Warranty claims must be submitted in writing with reasonable detail and photographs where possible.
11.5 The Company shall inspect and, where a valid workmanship claim exists, rectify same within a reasonable period subject to weather, stock availability, scheduling and access.
12. SNAGS / FINALISATION / PAYMENT NOT SUSPENDED
12.1 Snags do not suspend payment obligations.
12.2 Minor snagging, touch-ups, adjustments, finishing items, commissioning items, accessory replacements, remedial sealing, alignment refinement or call-backs shall not constitute non-completion and shall not justify non-payment or partial payment.
12.3 The Company shall rectify verified workmanship snags within a reasonable period, subject to weather, stock, scheduling, access and technical practicality.
12.4 The Customer acknowledges that, in the construction and installation environment, minor snagging is normal and does not entitle the Customer to withhold payment for completed substantive work.
13. AIRCON COVER DISCLAIMER
13.1 PVC aircon covers are designed primarily for screening, concealment and aesthetic improvement, and not as weatherproof enclosures, sealed housings or climate-control structures.
13.2 While the Company takes reasonable care during installation, the Company accepts no responsibility for damage to:
13.2.1 air conditioner condenser units;
13.2.2 coils, fans, electronics, controls or sensors;
13.2.3 refrigerant piping, brackets or mounts;
13.2.4 corrosion, overheating, restricted airflow or performance issues,
arising after installation, including where caused by existing defects, environmental conditions, incorrect prior installation, lack of maintenance or unit-specific airflow requirements.
13.3 The Customer remains responsible to ensure that the aircon unit is serviced, ventilated and installed according to the manufacturer's requirements. If uncertain, the Customer must obtain HVAC advice before installation.
14. PERGOLAS / SHEETING / COVERING DISCLAIMER
14.1 Value Fencing® pergolas are supplied and installed strictly in accordance with the specific scope described in the Estimate / Quotation.
14.2 Any installation of sheeting, coverings or related materials onto any pergola structure by any person whatsoever, including the Customer, a third-party contractor, an unauthorised installer or any Value Fencing® franchisee not specifically appointed in writing for such scope, shall automatically void any pergola warranty insofar as it relates to structural performance, sagging, warping, deflection, leaks, water pooling, fastener failure and related resultant damage.
14.3 Where pergola sheeting or covering installation is undertaken, the Customer acknowledges that all warranties and liabilities relating to such sheeting or covering work rest solely with the installer who performed that work, and not with the Franchisor or the broader franchise network unless expressly agreed in writing.
14.4 The Company shall not be liable for leaks, damp, ceiling damage, mould, water ingress, water staining or similar damage arising from any sheeting, coverings, flashings, waterproofing or roofing additions.
15. ACCESSORIES DISCLAIMER
15.1 Accessories and hardware are sourced from suppliers reasonably considered reputable by the Company; however, the Company does not provide any unconditional guarantee against rust, corrosion, coating failure, mechanical failure, wear, finish deterioration or supplier manufacturing defects.
15.2 Any supplier warranty, if applicable, shall apply subject to that supplier's own terms and conditions.
15.3 Stainless steel and related hardware require normal maintenance, cleaning and care. Surface contamination, tea staining or corrosion may occur if not maintained, especially in coastal, corrosive or high-salt environments.
16. STAND TIME / DELAYS CAUSED BY CUSTOMER / SITE
16.1 The Customer shall be liable for additional costs reasonably incurred due to:
16.1.1 lack of access;
16.1.2 no power or no water where required;
16.1.3 site not being ready;
16.1.4 delays caused by other contractors;
16.1.5 animals, tenants or occupants preventing work;
16.1.6 restricted working times not disclosed in advance;
16.1.7 abnormal access requirements;
16.1.8 additional tools or specialist equipment required due to undisclosed conditions;
16.1.9 aborted trips or repeat visits caused by Customer delay or Customer instruction.
17. SUPPLY CHAIN DISRUPTION / SUPPLIER FAILURE / FORCE MAJEURE
17.1 The Customer acknowledges that the building materials and manufacturing environment is currently subject to significant instability and volatility.
17.2 Product availability, production scheduling, lead times and delivery timelines may be affected by circumstances beyond the reasonable control of the Company, including:
17.2.1 raw material shortages;
17.2.2 supplier manufacturing delays;
17.2.3 transport disruption;
17.2.4 shipping disruption or container shortages;
17.2.5 port congestion;
17.2.6 maritime route disruption;
17.2.7 sanctions, trade restrictions or embargoes;
17.2.8 labour unrest or strikes;
17.2.9 utility interruptions or power shortages;
17.2.10 natural disasters, flood, fire or extreme weather;
17.2.11 war, armed conflict, terrorism or civil unrest;
17.2.12 pandemics or public health emergencies;
17.2.13 supplier failure, supplier insolvency or supplier non-performance.
17.3 The Company shall not be liable for any failure or delay in performance arising directly or indirectly from such circumstances.
17.4 In such circumstances the Company may, to the extent reasonably necessary and lawful:
17.4.1 substitute equivalent materials where appropriate;
17.4.2 adjust production timelines;
17.4.3 revise pricing where lawfully permissible;
17.4.4 suspend, delay or cancel affected orders.
17.5 Any delivery date or installation timeline provided is an estimate only and does not constitute a guaranteed date unless expressly stated in writing as a fixed date accepted by the Company.
18. INDEMNITY / LIMITATION OF LIABILITY
18.1 To the fullest extent permitted by law, the Company, its directors, employees and agents shall not be liable for:
18.1.1 movement or failure of walls, columns, structures or substructures;
18.1.2 wind, storms, tampering, vandalism, third-party damage or criminal acts;
18.1.3 damage to paving, plaster, brickwork, paintwork, tiles or services during drilling, cutting or digging where services were not clearly identified;
18.1.4 claims arising from Customer instructions to install non-compliantly, reduced-spec or unusually;
18.1.5 security loss arising from partial removal of old fences or incomplete boundary conditions outside the Company's control;
18.1.6 indirect, consequential or special loss, including loss of profit, rental, use or opportunity.
18.2 Where liability cannot lawfully be excluded, liability shall be limited to the fullest extent permitted by law and, where lawful, shall not exceed the value of the specific Goods or Services giving rise to the claim.
19. PRIVACY / POPIA / PAIA
19.1 Customer personal and business information may be collected, stored, processed and used by the Company for lawful operational purposes, including quotation, order fulfilment, delivery, installation, accounts, warranty administration, compliance, logistics, customer communication and lawful debt recovery.
19.2 Such information may be shared within the Value Fencing® network only to the extent reasonably necessary for fulfilment, administration, compliance, logistics, warranty handling, dispute resolution or lawful debt recovery.
19.3 Processing of personal information shall be undertaken subject to Applicable Law and the Company's applicable privacy practices.
20. FRANCHISOR NON-LIABILITY CLAUSE
20.1 The Customer expressly acknowledges that Value Fencing® operates as a franchise network consisting of independently owned and operated franchise businesses.
20.2 Unless the Franchisor entity is expressly stated as the contracting party in the relevant Estimate / Quotation, Sales Order or Tax Invoice, the Franchisor shall not be deemed to be the supplier, installer, contracting party or service provider in the transaction.
20.3 Each Value Fencing® franchisee operates as an independent contractor and independent business, trading under the Value Fencing® brand pursuant to a franchise agreement, and not as agent, partner, employee, joint venture partner or legal representative of the Franchisor merely by virtue of operating within the franchise network.
20.4 Any contractual relationship arising from acceptance of an Estimate / Quotation shall exist solely between the Customer and the specific Value Fencing® legal entity identified on the quotation or invoice as the contracting party.
20.5 The Franchisor shall therefore not be liable for any loss, damage, delay, defect, omission, misrepresentation, negligence, breach of contract or other claim arising from or related to:
20.5.1 quotations issued by a franchisee;
20.5.2 pricing, discounts or payment arrangements agreed by a franchisee;
20.5.3 installation workmanship performed by a franchisee;
20.5.4 delays in supply, delivery or installation by a franchisee;
20.5.5 site management or operational conduct of a franchisee;
20.5.6 acts or omissions of a franchisee's employees, subcontractors or agents;
20.5.7 warranty claims relating to work performed by a franchisee;
20.5.8 any operational, legal or financial obligations of a franchisee.
20.6 Any claim arising from the supply of Goods and/or Services by a franchisee shall be directed solely against the contracting franchisee entity stated on the Estimate / Quotation or invoice.
20.7 Nothing in this clause excludes liability which cannot lawfully be excluded where the Franchisor has directly contracted with the Customer or has otherwise assumed liability in writing.
20.8 The inclusion of Value Fencing® trademarks, branding, website references, marketing materials or network affiliation shall not in itself create any contractual relationship between the Customer and the Franchisor unless expressly confirmed in writing.
21. PERSONAL SURETYSHIP (WHERE CUSTOMER IS A JURISTIC PERSON)
21.1 Where the Customer is a company, close corporation, trust, partnership, body corporate, association or other juristic person, the person signing acceptance on behalf of the Customer warrants that they are duly authorised to bind the Customer.
21.2 If the Estimate / Quotation, acceptance page or credit application expressly includes a suretyship signature block or suretyship wording for signature, the signatory shall, by signing same, bind themselves personally as surety and co-principal debtor in favour of the Company for the due and punctual payment of all amounts owing by the Customer to the Company.
21.3 Such suretyship shall include liability for:
21.3.1 payment of invoices;
21.3.2 interest where lawfully applicable;
21.3.3 legal costs and collection costs recoverable by law and contract;
21.3.4 damages arising from breach of contract.
21.4 The liability of the surety shall not be affected by any indulgence, extension of time, compromise or variation granted by the Company to the Customer.
21.5 The surety may be required to sign a separate written deed of suretyship and, where requested by the Company, no credit or deferred payment shall arise until such document has been properly signed.
21.6 This clause applies only to the extent permitted by law.
22. BRAND CONTINUITY / FRANCHISE NETWORK PROTECTION
22.1 The Customer acknowledges that Value Fencing® is a franchise network and brand system operating through authorised franchisees under licence from the Franchisor.
22.2 The Customer further acknowledges that the Value Fencing® brand, systems, intellectual property, product families, service standards and customer continuity structures remain the property of the Franchisor, irrespective of which authorised franchisee performs the work.
22.3 In the event that a Value Fencing® franchisee:
22.3.1 ceases trading;
22.3.2 sells its business;
22.3.3 loses its franchise licence;
22.3.4 is terminated from the franchise network;
22.3.5 becomes insolvent;
22.3.6 defects from the network;
22.3.7 rebrands under another name; or
22.3.8 is otherwise no longer authorised to operate under the Value Fencing® brand,
the Franchisor shall have the exclusive right to appoint another authorised franchisee or approved contractor to complete, continue, service, maintain, repair or honour any existing Value Fencing® installation, supply contract, warranty or service obligation.
22.4 The Customer agrees that any warranty, service, maintenance, support or follow-up work relating to Value Fencing® products may remain within the Value Fencing® network, and the Customer shall not be entitled to insist that such work be performed by any former franchisee no longer authorised under the brand.
22.5 Where a franchisee has ceased to be authorised, the Customer acknowledges that such former franchisee no longer represents Value Fencing® and may not present itself as affiliated with the Value Fencing® network.
22.6 Nothing in this clause prevents the Customer from engaging any contractor of their choice for entirely new work unrelated to existing Value Fencing® warranties or existing contractual obligations.
23. BRAND AUTHORISATION / MISREPRESENTATION / NO APPARENT AUTHORITY
23.1 Only a business holding a valid and current Value Fencing® franchise licence, dealership licence or other written authority from the Franchisor is authorised to represent itself as part of the Value Fencing® network.
23.2 The Customer acknowledges that a franchisee or former franchisee who has ceased to hold valid written authority is no longer authorised to represent the Value Fencing® brand or franchise system.
23.3 The Franchisor shall not be liable for any quotation, representation, undertaking, warranty statement, marketing statement or work performed by any person or business purporting to represent Value Fencing® without current authority.
23.4 The Customer is encouraged, where uncertainty exists, to verify current authorisation through official Value Fencing® channels.
23.5 No former franchisee, terminated franchisee, defecting franchisee or unauthorised third party shall have any apparent authority to bind the Franchisor or the Value Fencing® network.
24. WARRANTY CONTINUITY WITHIN THE VALUE FENCING® NETWORK
24.1 Any product warranty issued in respect of Value Fencing® products shall remain subject to the terms of the original supply and the terms of this document.
24.2 Where a franchisee ceases to be authorised to operate under the Value Fencing® brand, warranty service may be provided by another authorised franchisee or approved contractor appointed by the Franchisor.
24.3 The Customer acknowledges that repairs, alterations, modifications or adjustments carried out by persons not authorised by the Value Fencing® network may void applicable warranties to the extent lawfully permissible.
24.4 Nothing in this clause obliges the Franchisor to assume obligations that were not originally its own contractual obligations, but it preserves the Franchisor's right to manage continuity within the network.
25. NON-RELIANCE / ENTIRE WRITTEN RECORD
25.1 The Customer confirms that they have not relied on any verbal statement, sales talk, estimate, projection, assurance or representation not expressly recorded in the Estimate / Quotation or in written correspondence from the Company.
25.2 No employee, installer, representative, subcontractor, salesperson or franchise representative has authority to vary these Terms and Conditions unless such variation is recorded in writing and signed by the Company.
25.3 The Customer confirms that the written quotation, written scope, written approvals and these Terms and Conditions form the full written record of the agreement.
26. CLIENT NON-SOLICITATION PROTECTION CLAUSE
26.1 The Customer acknowledges that the Value Fencing® brand, client relationships, customer records, warranty systems, service structures, marketing goodwill and network support systems form part of the Value Fencing® franchise system.
26.2 Where the Customer was introduced to the Goods, Services, brand, warranty structure or service relationship through Value Fencing®, the Customer acknowledges that the ongoing support relationship for existing Value Fencing® work is intended to remain within the authorised Value Fencing® network.
26.3 If a franchisee ceases to be authorised, is terminated, defects, rebrands or otherwise exits the Value Fencing® network, the Customer agrees that no former franchisee shall acquire any automatic right to continue servicing, maintaining, repairing, extending, modifying or warranting existing Value Fencing® installations under the Value Fencing® brand.
26.4 The Customer further agrees that no former franchisee or unauthorised party may solicit, divert or intercept existing Value Fencing® warranty, servicing, maintenance or after-sales relationships by representing that it remains authorised by Value Fencing® when it is not.
26.5 The Franchisor reserves the right, in order to protect continuity, warranty integrity and brand standards, to reassign the Customer's existing Value Fencing® service relationship to another authorised franchisee or approved contractor.
26.6 Nothing in this clause prevents the Customer from using any contractor of its own choice for unrelated new work, provided that such contractor does not misrepresent itself as being authorised by Value Fencing® and provided further that any such unrelated appointment shall not enlarge or transfer any Value Fencing® warranty or network service obligation.
26.7 This clause exists to protect the integrity of the Value Fencing® brand, the continuity of warranty and service obligations, and the lawful stability of the franchise network.
27. SECURITY DISCLAIMER
27.1 Where existing fencing, gates, barriers or boundary elements are removed for installation of new work, the Customer acknowledges that temporary security exposure may arise.
27.2 The Company shall not be responsible for theft, intrusion, escape of animals, trespass or related security incidents occurring during periods where fencing has been removed, is incomplete or cannot be completed due to factors beyond the reasonable control of the Company.
28. INTELLECTUAL PROPERTY
28.1 All Value Fencing® trademarks, logos, product names, designs, profile systems, technical drawings, layouts, installation methodologies, specifications, brochures, marketing materials and other intellectual property remain the exclusive property of the Franchisor and/or its licensors.
28.2 The purchase or installation of Value Fencing® products does not confer any licence upon the Customer or any third party to reproduce, replicate, manufacture, reverse engineer, distribute or commercially exploit any Value Fencing® design, system or branded material.
29. BREACH / RECOVERY / LEGAL COSTS
29.1 If the Customer breaches these Terms and Conditions or fails to pay any amount on due date, the Company may, without prejudice to any other rights:
29.1.1 suspend further work, delivery or warranty service;
29.1.2 cancel any discount;
29.1.3 cancel or suspend the contract;
29.1.4 recover unpaid Goods where lawful;
29.1.5 institute legal proceedings;
29.1.6 claim legal costs and collection costs recoverable by law and contract.
29.2 Any indulgence granted by the Company shall not constitute a waiver of any rights.
30. GOVERNING LAW / JURISDICTION / SEVERABILITY
30.1 These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
30.2 Subject to applicable law, the Customer consents to the jurisdiction of the court having jurisdiction over the Company's principal place of business, provided that the Company may institute proceedings in any other court having lawful jurisdiction.
30.3 If any provision of these Terms and Conditions is found unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.
30.4 These Terms and Conditions, together with the Estimate / Quotation, written approved scope and/or invoice, constitute the entire agreement between the parties.
30.5 No amendment, waiver or variation shall be valid unless reduced to writing and signed by the Company.
31. RELEVANT LINKS
Warranty: https://valuefencing.co.za/warranty" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/warranty
POPIA: https://valuefencing.co.za/popia" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/popia
PAIA: https://valuefencing.co.za/paia" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/paia
Privacy Policy: https://valuefencing.co.za/privacy-policy" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/privacy-policy
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