Terms & Conditions

TERMS AND CONDITIONS

1. Borematic Water Solutions is a (Proprietary) Limited, registered in South Africa and is in the business of providing drilling services in Kwazulu Natal.

Registered address is 1 Butleigh, Fairway Road, St Michaels on Sea, Kwazulu Natal, 4275.

2. Except as otherwise agreed to in writing, all services for the supply of the drilling services shall be interpreted subject to South Africa’s CPA and the

Credit Act.

3. Borematic shall take all reasonable steps to protect the personal information of customers. For the purpose of this clause, “personal information”

shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

Quotes

1. Quoted prices are for the drilling of a conventional borehole to a maximum depth of 200 meters, excluding boulders, dolomites or collapsing

formations. In the case of such we can quote but please note the pricing structure is different. Payment is required in full for all work completed up

to the point of abandoning the borehole due to boulders collapsing or formations that cause jamming of the drilling bit. The company reserves the

right to determine if a borehole is to be abandoned, and in such case payment must be made in full for work completed and materials used.

2. The company reserves the right to revise the rates stated in the Quotation consequent upon any increase in the cost of materials, goods, services,

transport or other unforeseen contingencies.

3. The rates stated in the quotation are exclusive of value added tax, unless stated to the contrary. Where applicable, value-added tax will be charged at

the rate ruling at the time of delivery.

4. The said rates are based on the assumption that the soil and site conditions are as notified to the Contractor before the date of the Estimate. If the

Contractor encounters any rock or running sand, or the like or other injurious material or obstruction which has not been so notified, then the said

rates may be varied by such amount as is reasonable to take account of any increase in the costs incurred by the Contractor in carrying out the Work.

5. Quote is valid for 14 days from date of issue
6. A 70% deposit is required before any commencement of work

Payment

1. The customer shall pay the balance of the price of the Work upon presentation of invoice. The work will be invoiced according to the quantity of

materials supplied and the work done on the basis of the rates stated in the Quotation.

2. The company shall be entitled to charge interest at the rate of seven per cent per annum above the prime overdraft rate charged by the company’s

bankers for the time from date of invoice until the time of payment.

3. Any legal fees arising from non-payment will be for the account of the customer

Suspension of Work

1. The Contractor shall be entitled to suspend work in carrying out the work until payment in full is made of the price for the work calculated in

accordance with the Estimate or (at his discretion) to terminate this Contract forthwith upon written notice to the Customer in any of the following

events:

2. the customers failure to comply with his obligations hereunder;
3. the Customer committing any act of insolvency as defined in the law relating for the time being to insolvency;
4. the Customer being a natural person, dies or being a private company, sustains a change of shareholding;
5. a judgement being entered against the Customer and such judgement remaining unsatisfied in whole or in part for a period of seven days;
6. Upon termination as aforesaid the Contractor shall be entitled to payment in full at the rates specified in the Estimate in respect of work done and

materials supplied up to the date thereof or (as the case may be) a fair and reasonable proportion of the price stated in the Estimate in respect of all

work done and materials supplied up to the date thereof.

Customers Undertaking

The Customer undertakes to take all reasonable precautions for the protection of the public, during the execution of the Work and to complete at his cost any

fencing required whether for safety or other purposes:

(i) To supply water if it is required for drilling purposes

(ii) To ensure no electrical cables or sewage pipes at drilling sites and indemnify the Contractor from any claims that may arise from any damage to

such or any other type of claim

(iii) Customer undertakes to obtain necessary permissions from required authorities to drill and ensure legal compliance

(iv) Customer is responsible for clean-up of drill site

Warranty as to workmanship and materials

The Contractor hereby warrants, for the periods mentioned in sub-clauses

(i) the standards of workmanship involved in the performance of the contract and fitness of materials supplied by the Contractor for use in

performance of the contract shall be of no less quality than that laid down by the South African Bureau of Standards (SABS 1200 series of

specifications) for general standards of workmanship as issued from time to time.

(ii) The Contractor cannot guarantee sufficient supply of water to the borehole and any water strikes

(iii) The Contractor will not take responsibility for borehole pumps that fall down the borehole.

(iv) The contractor will not take responsibility for any water quality changes of the borehole water.

(v) The contractor is not liable for any damage to the Borehole system, filtration System or any other system installed by the contractor should

there be physical damage, water damage, Flood damage , Lightning damage , Power surges or damages to the borehole equipment due to poor

quality of the water and Should the client not carry out necessary maintenance.

(vi) The contractor supplies a 3-month warranty from the date of installation of borehole equipment. Should failure of the system not be related to

the above-mentioned damages.

(vii) The contractor’s suppliers carry a 1-year manufacturing guarantee, should there be any failure to the equipment due to poor manufacturing.

Limitation of liability

(i) The Contractor shall carry out the Work with reasonable care and skill and within a reasonable time. All other warranties, terms and conditions

implied by common law, statute, trade usage or otherwise shall be excluded save insofar as such exclusion is made void or prohibited by law;

(ii) If the Customer considers that the Work does not comply with the Specification he will forthwith and in any event within fourteen days after

presentation of final invoice following completion of the Work give notice in writing to the Contractor of the alleged defect, whereupon the

Contractor shall undertake to examine the same and if such examination reveals any failure to comply with the specification shall repair or

make good the relevant defect;

(iii) If the Customer considers that the Work does not comply with the warranties hereinbefore contained or with any other warranty, term or

condition implied by law exclusion of which is made void or prohibited by law he will forthwith and in any event within seven days after the

alleged defect has come to his attention give notice in writing to the Contractor of the alleged defect, whereupon the Contractor shall

undertake to examine the same and if such examination reveals any failure to comply with the said warranties, terms or conditions shall repair

or make good the relevant defect;

(iv) Save as otherwise provided in clause 8 above the warranties, terms and conditions herein contained shall only be operative for a period of

twelve months after the Contractor has notified the Customer in writing that the Work has been completed and thereafter the Contractor shall

be under no liability whatsoever to the Customer;

(v) Save insofar as the relevant damage or defect is caused by the Contractor or its employees the Contractor shall accept no liability whatsoever in

the following cases (without derogation from the generality of the aforegoing):

(vi) defects or damage caused by negligence of the Customer;

(vii) defects or damage caused by circumstances beyond the control of the Contractor;

(viii) damage caused to cables, water, gas, electric mains or sewers, or any other underground services, the existence and location and depth of

which has not been disclosed to the Contractor at least seven days prior to commencement of the Work.

(ix) subsidence, heave, flooding or water pollution.

(x) the Contractor is under no obligation to arrange insurance cover of whatsoever nature; if expressly requested in writing the Contractor shall

seek to arrange at the Customers expense insurance cover for such risks or losses as the Customer shall request;

(xi) Work may be suspended in the event of any strike, lockout, trade dispute, fire, tempest, flood, bad weather, breakdown (save where caused by

the Contractors negligence), accident, riot, theft, crime, civil disturbance, war, force majeure or other occurrence impeding or retarding the

execution of the Contractors obligations and no responsibility shall attach to either party for any loss or damage, default or delay in carrying out

any obligation under this contract (other than the payment of monies due) due to any causes beyond that party’s reasonable control

Indemnity

(i) The Customer shall indemnify the Contractor against all liability, loss damage or cost incurred by the Contractor by reason of:

(ii) Any act of omission occurring in the course of the execution of the Work or the Contractors compliance with its obligations hereunder insofar as

such liability, loss, damage or cost has been caused by the negligence or fault of the Customer or his officers, employees or agents, and/or

(iii) Any claim made by any third party against the Contractor in the course of or arising from the execution of the Work or any act or omission

occurring in the course of the Contractors compliance with its obligations hereunder.

(iv) The Customer shall take out at his expense such policy of insurance as may be sufficient and reasonably practicable to cover against the risk of

liability under this clause and will permit the Contractor on request to inspect the policy taken out. If the Customer is unable to obtain adequate

insurance cover, he shall notify the Contractor accordingly.