STANDARD TERMS AND CONDITIONS OF SALE
- BBBuilding (Pty) Ltd - Construction Services
- Effective: January 2025
SCOPE AND APPLICATION
- These terms and conditions apply to all construction services, quotations, contracts, and related work performed by BBBuilding (Pty) Ltd ("the Contractor") for the client ("the Client").
- The Client explicitly waives its own standard terms and conditions. These terms supersede any conflicting terms, whether provided before or after contract execution. Any variation must be agreed to in writing and signed by an authorized representative of BBBuilding (Pty) Ltd.
- Acceptance of any quotation, commencement of work, or payment of any deposit constitutes acceptance of these terms in full.
QUOTATIONS AND CONTRACT FORMATION
- All quotations are valid for 10 days from the date of issue unless otherwise stated. Quotations are based on site conditions as assessed at the time of inspection.
- Quotations exclude VAT unless expressly stated otherwise. VAT at the current rate (15%) will be added to all invoices.
- The contract is formed upon written acceptance of the quotation and receipt of the deposit payment by the Contractor.
- If unforeseen site conditions, latent defects, or variations are discovered after commencement, the Contractor reserves the right to adjust the contract price accordingly upon written notification to the Client.
PAYMENT TERMS
3.1 Standard Payment Structure:
Deposit: 50% of the total contract value payable upon acceptance of quotation
Progress Payments: 40% upon completion of agreed milestones (as specified in the contract)
Final Payment: 10% upon practical completion and handover (including 5% retention)
Milestone-Based Projects: For projects exceeding R100,000, payment will be staged as follows:
30% upon commencement
30% upon completion of structural work
30% upon completion of finishes
10% upon final handover (including retention)
Interest will accrue at a rate of 2% per month compounded (or the prescribed rate under the National Credit Act, whichever is lower) on overdue amounts
The Contractor may suspend work immediately without notice until payment is received
The Contractor may terminate the contract and remove all materials and equipment from site
All costs of debt recovery, including legal fees on an attorney-client scale, will be payable by the Client
Inclement weather preventing construction (excessive rain, extreme heat, etc.)
Client-requested variations or changes
Delays in obtaining permits, approvals, or inspections
Non-availability of materials or services beyond the Contractor's control
Force majeure events
Late payment or non-payment by the Client
Site access restrictions
Clear and unobstructed access to the site during working hours (Monday to Friday, 07h00-17h00, and Saturday 07h00-13h00)
Adequate and safe storage facilities for materials and equipment
Connection to water and electricity supply at no cost to the Contractor
All necessary permits, approvals, and building plans (unless the Contractor has agreed to obtain these)
Timely decisions and approvals regarding material selections and design choices
Perform work in a professional and workmanlike manner
Supply materials and labor as specified in the contract
Comply with relevant SANS standards (SANS 10400) and Building Regulations
Maintain contractor's all-risk insurance and public liability insurance
Ensure compliance with Occupational Health and Safety Act requirements
Obtain CIDB grading as required for the project value
Remove rubble and waste from site upon completion
Normal wear and tear
Damage caused by the Client, third parties, or natural disasters
Defects arising from Client-supplied materials
Work performed by third parties after handover
Failure to maintain the work in accordance with the Contractor's recommendations
Structural defects in existing structures (unless caused by the Contractor's work)
Consequential or indirect losses (loss of profit, loss of use, etc.)
Damage to existing structures not caused by the Contractor's negligence
Delays beyond the Contractor's reasonable control
Payment is not received within 7 days of the due date
The Client breaches these terms
Site conditions become unsafe or illegal
The Client interferes with or obstructs the Contractor's work
Payment remains outstanding for more than 14 days after the due date
The Client materially breaches these terms and fails to remedy within 14 days of written notice
The Client becomes insolvent or enters business rescue
All work completed to date
All materials ordered or delivered
A cancellation fee of 25% of the remaining contract value
All costs incurred by the Contractor in demobilizing from site
If hand-delivered: on the date of delivery
If emailed: on the date of transmission (provided receipt confirmation is received)
If sent by registered mail: 7 days after posting
National Building Regulations (SANS 10400)
Occupational Health and Safety Act
Construction Regulations
CIDB Act and Regulations
National Credit Act (where applicable)
Consumer Protection Act (where applicable)
3.3 Invoice Payment Terms: All invoices are payable within 30 calendar days from the date of invoice, unless otherwise agreed in writing.
3.4 Retention: A retention amount of 5% of the total contract value will be held and released within 30 days of the end of the defects liability period, provided no defects remain outstanding.
3.5 Late Payment: In the event of non-payment by the due date:
3.6 Payment Methods: Payment must be made by Electronic Funds Transfer (EFT) to the Contractor's nominated bank account. Cash and cheque payments are not accepted unless expressly agreed in writing.
4. VARIATIONS AND ADDITIONAL WORK
4.1 Variation Orders: All variations, additions, or modifications to the original scope of work must be authorized in writing by the Client before commencement. Verbal instructions will not be recognized.
4.2 Variation Pricing: Variations will be charged at the rates specified in the original quotation or, if not specified, at the Contractor's prevailing rates plus 15% for administration.
4.3 Delay Caused by Variations: The Contractor will not be liable for delays caused by Client-requested variations. The contract completion date will be extended accordingly.
4.4 Prime Cost (PC) and Provisional Sums: Where PC or provisional sums are included in the contract, the Client will be liable for the actual cost incurred. Any savings will be credited; any excess will be invoiced.
5. PROJECT DURATION AND COMPLETION
5.1 Commencement Date: Work will commence within 7 working days of receipt of the deposit, subject to weather conditions, permit approvals, and material availability.
5.2 Completion Date: The estimated completion date is indicative only and not a contractual obligation unless expressly stated as a "fixed completion date" in the contract. The Contractor will use reasonable endeavors to complete work within the estimated timeframe.
5.3 Extensions of Time: The Contractor is entitled to an extension of time for delays caused by:
5.4 Practical Completion: Practical completion is achieved when the work is substantially complete and fit for its intended purpose, notwithstanding minor defects or omissions (snagging items).
6. CLIENT OBLIGATIONS
6.1 The Client must provide:
6.2 The Client must ensure that the site is vacated and clear of occupants, furniture, and belongings before commencement, unless otherwise agreed.
6.3 The Client is responsible for insuring the existing structure and contents. The Contractor's insurance covers only construction works in progress.
7. CONTRACTOR OBLIGATIONS
7.1 The Contractor will:
7.2 The Contractor will use reasonable skill and care but does not guarantee specific outcomes or results. Construction is subject to inherent risks beyond the Contractor's control.
8. MATERIALS AND WORKMANSHIP
8.1 Materials: All materials will be new and of merchantable quality unless otherwise specified. The Contractor reserves the right to substitute specified materials with equivalent alternatives if the original materials are unavailable.
8.2 Client-Supplied Materials: If the Client supplies materials, the Contractor accepts no liability for defects, shortages, or delays caused by such materials. The warranty will not cover Client-supplied materials.
8.3 Sub-Contractors: The Contractor may engage qualified sub-contractors for specialist work. The Contractor remains responsible for coordinating and supervising all sub-contracted work.
9. WARRANTY AND DEFECTS LIABILITY
9.1 Warranty Period: The Contractor provides a 12-month defects liability period from the date of practical completion for workmanship and materials supplied by the Contractor.
9.2 Exclusions: The warranty does not cover:
9.3 Defects Notification: The Client must notify the Contractor in writing of any defects within 7 days of discovery. The Contractor will rectify defects within a reasonable timeframe.
9.4 NHBRC Warranty (if applicable): For projects requiring NHBRC enrollment, the NHBRC structural warranty terms will apply in addition to this warranty.
10. SITE SAFETY AND SECURITY
10.1 The Contractor will implement reasonable health and safety measures in accordance with the Occupational Health and Safety Act and Construction Regulations.
10.2 The Client acknowledges that construction sites are inherently hazardous. The Client, visitors, and occupants enter the site at their own risk.
10.3 The Client is responsible for securing the site outside working hours. The Contractor is not liable for theft, vandalism, or damage to materials stored on site.
10.4 The Contractor reserves the right to exclude any person from the site who poses a safety risk or interferes with construction operations.
11. INSURANCE AND LIABILITY
11.1 The Contractor's liability is limited to the contract value. The Contractor is not liable for:
11.2 The Client must maintain insurance on the existing structure and contents. The Contractor is not responsible for damage to the Client's property outside the construction area.
12. SUSPENSION AND TERMINATION
12.1 Suspension by Contractor: The Contractor may suspend work immediately without notice if:
12.2 Termination by Contractor: The Contractor may terminate the contract if:
12.3 Termination by Client: The Client may terminate the contract by giving 14 days' written notice. Upon termination, the Client must pay:
12.4 Upon termination or suspension, the Contractor may remove all materials, equipment, and partially completed work from the site until payment is received in full.
13. DISPUTE RESOLUTION
13.1 Disputes: Any disputes arising from this contract will first be referred to good faith negotiation between the parties' senior management.
13.2 Mediation: If negotiation fails, the parties agree to submit the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) before pursuing legal action.
13.3 Arbitration: If mediation fails, disputes may be referred to arbitration under AFSA rules. The arbitrator's decision will be final and binding.
13.4 Legal Action: Either party may pursue legal action in the Magistrate's Court or High Court of South Africa with jurisdiction over the Contractor's registered address (Pretoria, Gauteng).
13.5 Debt Collection: If payment is outstanding more than 60 days after the due date, the matter will be referred to a debt collection agency or attorneys. All collection costs, including legal fees on an attorney-client scale, tracing fees, and collection commission, will be payable by the Client.
14. NOTICES
14.1 All notices must be delivered in writing to:
BBBuilding (Pty) Ltd
39 De Wet Ave
Nestpark AH, Bapsfontein
Johannesburg, Gauteng, 1510
Email: info@bbbuilding.co.za
Phone: 063 903 0040
14.2 Notices are deemed received:
15. GENERAL PROVISIONS
15.1 Governing Law: This contract is governed by the laws of the Republic of South Africa.
15.2 Jurisdiction: The parties consent to the jurisdiction of the Magistrate's Court or High Court of South Africa (Gauteng Division, Pretoria).
15.3 Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
15.4 Entire Agreement: This contract, together with any signed quotation and specifications, constitutes the entire agreement between the parties. No verbal representations or agreements are binding unless reduced to writing.
15.5 Amendments: No amendment or variation of these terms is valid unless agreed to in writing and signed by authorized representatives of both parties.
15.6 Assignment: The Client may not assign or transfer this contract without the Contractor's prior written consent.
15.7 Compliance with Legislation: All work will comply with:
15.8 Tax Compliance: All amounts are subject to VAT at the prevailing rate (currently 15%). The Contractor is registered for VAT and holds a valid Tax Clearance Certificate.
15.9 Withholding Tax: The Client is prohibited from withholding any amounts from invoices for tax purposes unless legally required and agreed to in writing. The full invoice amount is payable to the Contractor.
15.10 Force Majeure: Neither party will be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, civil unrest, pandemics, strikes, or government action.
16. ACCEPTANCE
By signing the quotation, making a deposit payment, or allowing work to commence, the Client confirms that they have read, understood, and accept these Standard Terms and Conditions in full.
BBBuilding (Pty) Ltd
Registration Number: 2025 / 425902 / 07
VAT Number: 9845187195
Contact:
Email: info@bbbuilding.co.za
Phone: 063 903 0040
Website: www.bbbuilding.co.za
Document Version: 1.0
Effective Date: January 2025
Last Updated: January 2026