Service terms and conditions

1. Parties and Definitions

1.1 These Service Terms & Conditions ("these Terms") are entered into between:

(a) Lock Front Automation (Pty) Ltd, registration number 2021/401626/07, trading as LockFront (the "Service Provider"); and

(b) the person or entity who accepts a quotation from, or places an order with, the Service Provider for the supply, installation, repair or maintenance of security and automation products or services (the "Customer").

The Service Provider and the Customer are each a "Party" and together the "Parties".

1.2 In these Terms:

• "Order" means a quotation accepted, or a job confirmed, by the Customer in accordance with clause 3;
• "CPA" means the Consumer Protection Act 68 of 2008;
• "Site" means the property at which the Service Provider carries out work under an Order;
• "Website Terms of Use" and "Privacy Policy" mean the Service Provider's website terms of use and privacy policy published on its website, as amended from time to time.

2. Application of These Terms

2.1 These Terms govern the security and automation products and services the Service Provider supplies, installs, repairs or maintains, including gate motors, garage doors, garage door motors, boom gates, CCTV, electric fencing, intercoms, access control systems and associated wood or steel works.

2.2 These Terms apply once a quotation is accepted and take precedence over any other terms relating to that Order, unless the Parties expressly agree otherwise in writing. These Terms should be read together with the Service Provider's Website Terms of Use and Privacy Policy.

2.3 Where the Customer is a consumer as defined in the CPA, the CPA applies to the Order, and nothing in these Terms limits the Customer's rights under it. Clause 16 (Consumer Protection Act) explains how the CPA and these Terms work together.

3. Formation of Contract

3.1 An Order is only formed once the Customer has accepted the quotation in writing (whether by signature, email, or other written confirmation) and paid the required deposit, unless the Parties agree otherwise in writing. A data message such as an email satisfies this written-acceptance requirement, in accordance with section 11 of the Electronic Communications and Transactions Act 25 of 2002.

4. Cancellation by the Customer

4.1 The Customer may cancel an accepted Order by giving the Service Provider written notice, in line with the Customer's right to cancel under section 17 of the CPA.

4.2 If the Customer cancels before the Service Provider has started production or ordered materials for the Order, the Service Provider will charge a cancellation fee of 10% of the quoted price, to cover administration and preparation costs already incurred. If the Customer cancels after production has started or materials have been ordered, the Service Provider will instead charge a fee reflecting its reasonable costs actually incurred up to that point, which may exceed 10%, in line with section 17 of the CPA.

4.3 The cancellation fee in clause 4.2 does not apply where the Order ends because the Service Provider cancels it under clause 5, as that is not the Customer's fault.

5. Cancellation by the Service Provider

5.1 The Service Provider may cancel an Order if: (a) the deposit is not paid within 14 days of acceptance of the Order; (b) there is a substantial change in the cost or availability of materials or systems required for the Order; or (c) circumstances beyond the Service Provider's control make it impossible to guarantee delivery.

5.2 The Service Provider is not liable for any claim for damages, whether direct, indirect or consequential, arising from a cancellation under clause 5.1.

5.3 Where the Service Provider cancels an Order under clause 5.1 after receiving a deposit, it will refund the deposit to the Customer once the Customer has provided an official bank-issued account confirmation letter, to ensure the refund is paid to the correct account.

6. Extended Projects and Price Changes

6.1 If, through no fault of the Service Provider, an Order takes longer than three months to complete, the Service Provider may give the Customer notice of a reasonable price adjustment reflecting changes in the cost of materials or labour over that period. If the Customer does not accept the adjusted price, the Customer may cancel the remaining work without penalty, paying only for the work and materials already supplied.

6.2 Any change to design, quantity, specification or scope requested by the Customer, or any suspension of work requested by the Customer, will result in an adjustment to the quoted price. The Service Provider will confirm the adjusted price with the Customer in writing before carrying out the altered scope of works.

6.3 Quoted prices are valid for 30 days from the date of the written quotation. After this period, prices are subject to confirmation.

7. Timelines

7.1 Stated delivery times and dates are approximate and are calculated from the date the deposit is received.

7.2 Production and installation will only commence once the deposit has been received.

7.3 The Service Provider is not liable for any delay caused by the Customer, including a delay in making the Site available, providing access, or meeting a site requirement under clause 8.

8. Site Requirements

8.1 The Customer must make a 220V electrical supply and/or water available at the Site, at or near the location of the proposed work.

8.2 The use of electrical welding equipment at the Site may damage inverters, generators or other backup power equipment. It is the Customer's responsibility to notify the Service Provider before any welding work is carried out, and the Service Provider is not liable for damage to such equipment arising from welding work at the Site.

9. Quality of Work and Liability

9.1 The Service Provider will carry out all work with the skill and care that a reasonably competent installer would exercise, as required by section 54 of the CPA. The Service Provider is liable for damage to the Customer's property caused by its own negligence in carrying out the work, and will remedy that damage or cover the reasonable cost of repairing it.

9.2 The Service Provider is not liable for: (a) pre-existing damage or defects in the Customer's property (for example, existing issues with glass, water pipes, electrical cabling, carpets, tiles, brick paving or walls); (b) damage arising from a hidden condition that the Service Provider could not reasonably have identified before starting work (for example, unmarked pipes or cables, or unstable ground); or (c) damage caused by something outside the Service Provider's reasonable control. Nothing in this clause limits the Service Provider's liability for gross negligence or wilful misconduct.

9.3 Where the Service Provider fits tracks for sliding driveway gates or carries out other wood, steel or masonry works, erecting or installing retaining walls, brickwork or similar structural work falls outside the scope of the work unless separately quoted and charged for. Once installed, items such as concrete tracks, gates or posts form part of a permanent installation at the Site; the Service Provider remains liable for damage they cause through its own negligent installation, but not for damage caused by misuse, a force majeure event, or a third party.

9.4 Clearing rubble, debris or old steelwork is not the Service Provider's responsibility unless it is expressly included in the quotation or order document, recorded in writing between the Parties.

10. Existing Equipment

10.1 Where the Service Provider integrates new components (such as motors, intercoms, photocells or cabling) with the Customer's existing electronic equipment or steelwork, and that existing equipment is found to be, or becomes, faulty, the Service Provider will use its best endeavours to assist, but is not responsible for rectifying a fault in equipment it did not supply. Where the Service Provider is able to rectify, this will be quoted and charged separately.

11. Electrical Compliance

11.1 Electrical connections for gate motors, garage door motors, electric fences and steelwork installations are carried out by the Service Provider's own technicians. No certificate of compliance (electrical, electric fence or engineering) is issued as part of the standard installation, unless expressly included in the quotation or order documents.

11.2 Where a certificate of compliance is required, the Service Provider will arrange for a suitably qualified third party to carry out the connection and issue the certificate, at an additional charge.

12. Payment

12.1 Unless otherwise agreed in writing, all payments are due on completion of work (C.O.D.).

12.2 Outstanding amounts bear interest at the prevailing prime rate plus 2 percentage points.

12.3 Ownership of all goods supplied remains with the Service Provider until paid in full.

12.4 If the Customer defaults on payment, the Service Provider may remove the goods it supplied, and the Customer agrees to allow the Service Provider (or its assignees) reasonable access to the Site for this purpose. Any deposit paid is not refunded in these circumstances, and the Customer is liable for the cost of de-installation and removal.

12.5 If any portion of the amount due is withheld or not paid in full, the Service Provider may decline to carry out further work or call-outs until the account is settled. This does not affect any right the Customer has under clause 13 (Guarantee) or the CPA in respect of work already completed and paid for.

13. Guarantee

13.1 Steelwork, automation systems and installations are guaranteed for 12 months from the date of invoice, excluding paintwork (see clause 13.4). Repairs and maintenance to woodwork are guaranteed for 6 months, unless otherwise stated. These guarantees exclude normal wear and tear, malicious damage, and force majeure events (circumstances beyond the Service Provider's reasonable control, such as extreme weather or natural disaster).

13.2 Batteries do not carry any Service Provider's guarantee, due to operating conditions outside the Service Provider's control. Batteries instead carry the equipment manufacturer's own warranty only, where one applies.

13.3 It is the Service Provider's recommendation that installed equipment be serviced in line with the manufacturer's (OEM) specifications, relative to its stated duty cycle, to keep it in good, safe working order. Servicing and maintenance are the Customer's responsibility and, outside the guarantee period, for the Customer's account. No guarantee applies to damage, accidents or injury caused by equipment that has not been maintained or serviced as recommended.

13.4 Steelwork paintwork is guaranteed for 6 months from the date of invoice. Steelwork is supplied with a red-oxide primer and, where requested, a top coat. After the guarantee period, re-painting is the Customer's responsibility and cost.

13.5 Wooden gates are treated with an exterior oil-based paint before leaving the factory. The Customer should re-paint them within 3–6 months of delivery, and thereafter every 6 months (or more often, depending on weather conditions). No guarantee applies where the Customer has not maintained the paintwork as recommended.

13.6 Locks supplied are of good quality. No guarantee applies to damage caused by a key forced in incorrectly or upside down, or where the Customer has had additional keys cut.

13.7 Repairs to existing electronic or steel work are guaranteed for 12 months, covering the invoiced work and parts only.

13.8 No guarantee applies where: (a) the Customer (or a third party on the Customer's behalf) has carried out corrective measures or alterations not agreed with the Service Provider; (b) the damage results from lightning, a force majeure event, an accident, vandalism or a forced break-in; or (c) the claim relates to rust, colour fading, or normal wear and tear. Where a claimed defect is found to be unjustified, the Service Provider may recover from the Customer part or all of the cost of investigating and responding to that claim.

13.9 These guarantees are in addition to, and do not replace or limit, any right the Customer has under sections 54 to 56 of the CPA where the Customer is a consumer as defined in the CPA, including the right to have defective goods repaired, replaced or refunded within 6 months of delivery.

14. Complaints

14.1 Please report any concern about workmanship or installation to the Service Provider as soon as reasonably possible, ideally in writing and within 7 days of noticing it, so the Service Provider can assist quickly. This timeframe is to help the Service Provider respond promptly and does not limit any right the Customer has under clause 13 (Guarantee) or the CPA.

15. Personal Information

15.1 Personal information the Customer provides to the Service Provider in connection with a quotation or Order (for example, name, contact details and Site address) is processed in accordance with the Service Provider's Privacy Policy.

16. Consumer Protection Act

16.1 These Terms are written in plain language, as required by section 22 of the CPA. If anything here is unclear, please contact the Service Provider, who will explain it.

16.2 Nothing in these Terms excludes or limits the Service Provider's liability for gross negligence, wilful misconduct, or death or personal injury caused by the Service Provider's negligence, and no clause purporting to do so applies (CPA, section 51).

16.3 Where the Customer is a consumer as defined in the CPA (broadly, a natural person, or a juristic person whose annual turnover or asset value is below the threshold set under section 5(2)(b) of the CPA), nothing in these Terms limits, excludes or requires the Customer to waive any right under the CPA, including the rights described in clauses 4.1, 9.1, 9.2, 13.9 and this clause 16. Where any provision of these Terms conflicts with the CPA, the CPA prevails to that extent.

16.4 In addition to the dispute resolution options in clause 17, a consumer may refer a dispute under this agreement to the National Consumer Commission, an accredited industry ombud, or another dispute resolution route available under section 69 of the CPA.

17. Governing Law and Dispute Resolution

17.1 These Terms are governed by the laws of the Republic of South Africa.

17.2 If a dispute arises under these Terms, the Parties will first attempt to resolve it through good-faith negotiation between authorised representatives.

17.3 If the dispute is not resolved within 14 days of one Party notifying the other of it, either Party may propose that it be referred to arbitration, on terms and before an arbitrator the Parties agree in writing (for example, under the rules of the Arbitration Foundation of Southern Africa). Arbitration under this clause is only binding where both Parties agree to it in writing for that specific dispute; it is optional, not a precondition to approaching the courts, and does not affect the Customer's right, where the Customer is a consumer as defined in the CPA, to approach the courts or any dispute resolution route under section 69 of the CPA at any time (clause 16.4).

17.4 Subject to clause 17.3, the Parties consent to the jurisdiction of the Magistrates' Court in respect of any dispute, even where the amount in dispute would otherwise exceed that court's jurisdiction. The Service Provider may, at its discretion, instead institute proceedings in the High Court of South Africa for any amount owing to it. All costs of such proceedings are for the Customer's account, except as a court may otherwise order.

18. General

18.1 These Terms, together with the Website Terms of Use and Privacy Policy, constitute the entire agreement between the Parties regarding the Order, and supersede any prior discussions or representations. No variation of these Terms is effective unless recorded in writing and agreed by both Parties.

18.2 If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

18.3 The Service Provider's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

18.4 Neither Party is liable for any delay or failure to perform caused by a force majeure event, being circumstances beyond that Party's reasonable control, including extreme weather, natural disaster, strike, civil unrest, or government action.

18.5 Legal notices between the Parties should be sent using the contact details in the "Contact" section below, or as set out in the domicilium clause of the Website Terms of Use.

Contact

Lock Front Automation (Pty) Ltd
Reg. 2021/401626/07
VAT 4300310663
83 Fifth Avenue, Northmead, Benoni, 1501
Tel: 087 821 2601
Email: info@lockfront.co.za