The following standard terms and conditions will regulate the relationship between 'MY FLORIDA MAINTENANCE REPAIR AND SERVICES'LLC and the 'CUSTOMER' in respect of all work effected in terms of this agreement.
5. PROVISION OF MATERIALS AND EQUIPMENT
6. LAWS, BYLAWS AND REGULATIONS
7. EXECUTION OF WORK IN ACCORDANCE WITH AGREEMENT AND DRAWINGS
8. ACCESS TO THE WORK SITE
9. PRACTICAL COMPLETION
10. TIME TO COMPLETE WORK
12. EXCLUSION OF LIABILITY
13. DELAY IN COMPLETION OF WORK
14. SUSPENSION OF WORK
MFM shall be entitled to suspend performance of the work in terms of this agreement in the event of:
1.1 Non payment of any interim invoice, or amounts on the date on which it may be owing in terms of this agreement.
1.2 The failure by the CUSTOMER to supply any material in terms of its obligations that may be reasonably required for the performance of the work by MFM.
1.3 The CUSTOMER not granting MFM access to the work, or any part thereof.
1.4 The CUSTOMER not making available any electricity, or water which may be required for purposes of the execution of the work.
1.5 The CUSTOMER not making available any drawings by an architect, or not arranging for the appointment of an engineer, where required, for the performance of the work.
1.6 Where the CUSTOMER fails to remedy its obligations to enable MFM to proceed with the work.
2.1 Cancel this agreement and retain all amounts paid.
2.2 Insist on payment of the balance of the contract price as stipulated on the face hereof.
2.3 Remove all unfixed materials from the premises without any compensation to the CUSTOMER.
2.4 Remove any machinery and equipment from the premises.
2.5 Exercise his lien in respect of payment for all amounts that may be due and owing in terms of the agreement and without prejudice to any of the above, or other rights MFM may have in Law, to lock the CUSTOMER out until such payment has been effected.
1.1 By accepting MFM quotation the CUSTOMER accepts MFM Terms and Conditions.
1.2 MFM shall not be binded to CUSTOMER payment terms, unless otherwise agreed by MFM and the CUSTOMER in a dated written and signed document format.
1.3 The CUSTOMER will be charged a 10% intrest on outstanding amounts not paid within seven (7) days of date of invoice every seven (7) days or part thereof untill handed over to debt collecting agent or paid in full.
1.4 The CUSTOMER must notify MFM within a maximum period of five (5) days of date of invoice with a written letter by the CUSTOMER explaining payment delay reasons with a written arrangement agreement supplied to the CUSTOMER in terms of MFM acceptance of new payment date arrangement.
1.5 The CUSTOMER shall pay the full charged amount issued by a dept collector agency, lawyer firm or third party for collection of late payments.
16. GUARANTEES AND WARRANTIES
1.1 If MFM is of the view that the work is of acceptable standard, it shall notify the CUSTOMER, in writing, of its findings as well as the reasons therefore.
1.1.1 If the CUSTOMER does not accept MFM’S findings, he shall be entitled, within a period of fourteen (14) days from the date of notification by MFM, to refer the matter to arbitration to resolve the complaint. MFM may in its own discretion be entitled appoint an architect of no less than ten (10) years experience in the Building and Construction Industry as an arbitrator. All costs in this instance will be for the CUSTOMER’S account.
1.1.2 If the matter is referred to arbitration, the arbitrator shall be requested to complete his findings within a period of thirty (30) days and his finding shall be final and binding upon both parties.
1.2 If MFM is of the view that the work is of unacceptable standard then any defects in the workmanship, MFM supplied materials, or damage to the work, or the premises which is as a result of defective material supplied by MFM, or inadequate workmanship shall be repaired byMFM, within a period of fourteen (14) days, to the reasonable satisfaction of the CUSTOMER, at MFM’S costs.
18. SUB MFM AND SERVICES LLC
UPDATE JAN 19