Terms and Conditions

These terms and conditions govern all services provided by Timb&Co. Please read them carefully before engaging our services.

Last Updated: January 2025

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1. Acceptance of Terms

By engaging Timb&Co (Pty) Ltd for any services, you agree to be bound by these terms and conditions. These terms constitute a legally binding agreement between you (the "Client") and Timb&Co (the "Company").

Company Information

  • Company Name: Timb&Co (Pty) Ltd
  • Registration: South African Private Company
  • BEE Status: Level 1 Certified
  • Location: Durban, KwaZulu-Natal, South Africa
  • Director: Marco Ramcharan

Agreement Formation

A binding contract is formed when:

  1. The Client accepts a written quotation from Timb&Co
  2. The Client makes the required deposit payment
  3. Timb&Co confirms acceptance of the project in writing

Important Note

These terms supersede all previous agreements, whether oral or written. Any modifications must be agreed to in writing by both parties.

2. Services Provided

Residential Services

  • Custom kitchen design and installation
  • Bedroom furniture and built-in wardrobes
  • Bathroom vanities and storage solutions
  • Entertainment centers and TV units
  • Wooden flooring installation
  • Complete home interior transformations

Commercial Services

  • Office fit-outs and reception areas
  • Hotel interior solutions
  • Restaurant and retail fit-outs
  • Commercial storage solutions

Additional Services

  • Design consultation and planning
  • Project management
  • Installation and finishing
  • After-sales support and maintenance

Service Scope

All services will be provided in accordance with the specific written quotation and project specifications agreed upon with the Client.

3. Quotations and Estimates

Quotation Validity

  • Standard Projects: Quotations are valid for 30 days from issue date
  • Large Projects (>R200,000): Valid for 21 days due to material price fluctuations
  • Custom Quotes: Validity period will be specified on the quotation

Quotation Accuracy

Our quotations are based on:

  • Site measurements taken by our team
  • Current material prices from suppliers
  • Standard installation requirements
  • Information provided by the Client

Price Changes

Prices may be subject to change if:

  • Site conditions differ from initial assessment
  • Client requests modifications to original specifications
  • Material prices increase significantly (>10%) before project commencement
  • Additional work is required due to unforeseen circumstances

Important Notice

Any changes to the original quotation must be approved in writing by both parties before implementation. Additional costs will be charged accordingly.

4. Payment Terms

Payment Schedule

Project Value Deposit Progress Payment Final Payment
Under R50,000 50% on acceptance - 50% on completion
R50,000 - R150,000 40% on acceptance 40% at 50% completion 20% on completion
Over R150,000 30% on acceptance 40% at 50% completion 30% on completion

Payment Methods

  • Electronic Fund Transfer (EFT) - preferred method
  • Cash payments (for amounts under R25,000)
  • Bank guaranteed cheques

Payment Terms

  • Deposit: Due within 48 hours of quotation acceptance
  • Progress Payments: Due within 7 days of invoice
  • Final Payment: Due on project completion and handover
  • Late Payment: 2% per month interest on overdue amounts

Work Suspension

Timb&Co reserves the right to suspend work if payments are not made according to the agreed schedule. Additional costs may apply for project delays caused by late payments.

5. Materials and Workmanship

Material Quality

  • All materials used meet or exceed industry standards
  • Premium hardwoods sourced from reputable suppliers
  • Hardware and fittings from established brands
  • Finishes applied according to manufacturer specifications

Material Selection

Unless otherwise specified:

  • Material selection remains at Timb&Co's discretion within quotation parameters
  • Client-specified materials must be approved by Timb&Co before use
  • Price adjustments may apply for premium material upgrades
  • Material availability may affect project timelines

Workmanship Standards

  • All work performed by qualified craftsmen
  • Installation according to industry best practices
  • Quality control inspections at key project milestones
  • Final quality assurance before project handover

Material Variations

Natural materials may exhibit variations in:

  • Grain patterns and wood color
  • Texture and natural markings
  • Dimensional tolerances within acceptable limits

Natural Wood Characteristics

Wood is a natural product and variations in grain, color, and texture are normal and not considered defects. These characteristics add to the unique beauty of each piece.

6. Project Timeline and Completion

Timeline Estimates

  • Small Projects (1-3 items): 2-4 weeks from deposit
  • Medium Projects (Kitchen/Bedroom): 4-8 weeks from deposit
  • Large Projects (Full home/Commercial): 8-16 weeks from deposit

Timeline Factors

Project timelines may be affected by:

  • Material availability and delivery schedules
  • Weather conditions affecting installation
  • Client-requested changes or delays
  • Site access limitations
  • Unforeseen structural or technical issues

Client Responsibilities

To ensure timely completion, clients must:

  • Provide clear site access during working hours
  • Make timely decisions on design and material selections
  • Ensure all required permits are obtained
  • Make payments according to the agreed schedule
  • Notify Timb&Co of any site condition changes

Timeline Delays

Timb&Co is not liable for delays caused by factors beyond our control. Additional costs may apply if delays result in material price increases or scheduling conflicts.

7. Warranties and Guarantees

Workmanship Warranty

  • Standard Warranty: 12 months from completion date
  • Structural Work: 24 months warranty
  • Hardware and Fittings: As per manufacturer warranty

Warranty Coverage

Our warranty covers:

  • Defects in workmanship and installation
  • Structural integrity of custom-built items
  • Proper functioning of hardware and mechanisms
  • Finish quality according to specifications

Warranty Exclusions

The warranty does not cover:

  • Normal wear and tear
  • Damage caused by misuse or accident
  • Natural wood movement and seasonal changes
  • Damage from water, moisture, or environmental factors
  • Modifications made by third parties
  • Failure to follow care and maintenance instructions

Warranty Claims

To make a warranty claim:

  1. Contact Timb&Co within 7 days of discovering the issue
  2. Provide photographic evidence of the problem
  3. Allow reasonable access for inspection and repair
  4. Do not attempt repairs by third parties without authorization

Warranty Response

We will respond to warranty claims within 48 hours and schedule repairs within 14 days of claim validation, subject to parts availability.

8. Liability and Insurance

Public Liability Insurance

  • Timb&Co maintains comprehensive public liability insurance
  • Coverage amount: R2,000,000 minimum
  • Covers accidental damage to client property during work
  • Insurance certificates available on request

Limitation of Liability

Timb&Co's liability is limited to:

  • The value of the specific project contract
  • Direct damages only (no consequential damages)
  • Repair or replacement of defective work
  • Reasonable costs incurred by the client

Client Responsibilities

Clients are responsible for:

  • Ensuring adequate site insurance coverage
  • Protecting personal belongings during construction
  • Providing safe working conditions
  • Notifying Timb&Co of any hazards or special conditions

Force Majeure

Timb&Co is not liable for delays or damages caused by:

  • Natural disasters or extreme weather
  • Government regulations or restrictions
  • Labor strikes or material shortages
  • Acts of terrorism or civil unrest
  • Pandemic-related restrictions or lockdowns

Maximum Liability

In no event shall Timb&Co's total liability exceed the total contract value for the specific project. Liability for consequential, indirect, or special damages is expressly excluded.

9. Cancellation and Termination Policy

Client Cancellation Rights

Clients may cancel projects under the following conditions:

Before Work Commences (Within 7 days of contract)

  • Full refund minus 10% administration fee
  • No custom materials must have been ordered
  • Written cancellation notice required

After Work Commences

  • Client liable for all work completed to date
  • Client liable for all materials ordered or delivered
  • Cancellation fee: 25% of remaining contract value
  • Custom-made items cannot be refunded

Timb&Co Cancellation Rights

Timb&Co may terminate contracts if:

  • Client fails to make payments according to schedule
  • Site conditions become unsafe or unsuitable
  • Client repeatedly interferes with work progress
  • Client requests work outside legal building codes

Termination Process

  1. Written notice of termination (7 days minimum)
  2. Final account reconciliation within 14 days
  3. Return of any advance payments for unperformed work
  4. Removal of materials and equipment from site

Mutual Agreement

Projects may be cancelled by mutual written agreement at any time. Financial settlements will be negotiated fairly based on work completed and materials supplied.

10. Project Changes and Variations

Change Request Process

All project changes must be:

  1. Requested in writing by the client
  2. Assessed by Timb&Co for feasibility and cost
  3. Quoted separately with timeline implications
  4. Approved and signed by both parties before implementation

Cost Implications

  • Additional work charged at current rates
  • Material wastage may be charged to client
  • Timeline extensions may affect scheduling
  • Changes may require new permits or approvals

Change Limitations

Some changes may not be possible if:

  • Work has already progressed beyond the change point
  • Materials have been custom-manufactured
  • Changes conflict with building codes or regulations
  • Structural modifications are required

Change Order Authorization

No additional work will commence without a signed change order. Verbal instructions do not constitute authorization for additional work or costs.

11. Disputes and Governing Law

Dispute Resolution Process

  1. Direct Negotiation: Attempt to resolve through direct discussion
  2. Mediation: If negotiation fails, proceed to mediation
  3. Arbitration: Binding arbitration if mediation unsuccessful
  4. Legal Action: Court proceedings as last resort

Governing Law

  • Governed by South African law
  • Subject to KwaZulu-Natal High Court jurisdiction
  • Consumer Protection Act applies where applicable
  • Construction Industry Development Board (CIDB) regulations apply

Mediation and Arbitration

  • Conducted by accredited mediators/arbitrators
  • Costs shared equally between parties
  • Decisions are final and binding
  • Process to be completed within 90 days where possible

Legal Costs

In legal proceedings:

  • Unsuccessful party pays successful party's legal costs
  • Each party bears own costs in mediation
  • Arbitration costs shared unless otherwise determined

Preferred Resolution

Timb&Co is committed to resolving all disputes amicably and fairly. We encourage open communication to prevent misunderstandings and resolve issues quickly.

12. Health and Safety

Site Safety Responsibilities

  • Timb&Co maintains comprehensive safety protocols
  • All workers provided with appropriate safety equipment
  • Compliance with Occupational Health and Safety Act
  • Regular safety briefings and risk assessments

Client Safety Obligations

Clients must:

  • Ensure safe access to work areas
  • Keep children and pets away from work zones
  • Report any safety hazards immediately
  • Not interfere with safety equipment or procedures

Site Conditions

  • Work may be suspended in unsafe conditions
  • Additional safety measures may incur extra costs
  • Asbestos or hazardous materials require specialist handling
  • Electrical work must be performed by certified electricians

Safety First

Safety is our top priority. Work will be suspended immediately if unsafe conditions are identified, regardless of project timelines.

13. Privacy and Confidentiality

Client Information Protection

  • All client information treated as confidential
  • Project details not disclosed to third parties
  • Photography requires explicit client consent
  • Marketing use subject to separate agreement

Site Security

  • All workers sign confidentiality agreements
  • Security systems respected and maintained
  • Access limited to authorized personnel only
  • Tools and materials secured at end of each day

Data Protection

In accordance with POPIA (Protection of Personal Information Act):

  • Personal information collected only for project purposes
  • Data stored securely and accessed on need-to-know basis
  • Information not shared without explicit consent
  • Clients may request data deletion after project completion

Portfolio Use

Use of project images for marketing requires separate written consent. Clients may request anonymization of their projects in our portfolio.

14. General Provisions

Entire Agreement

These terms, together with the specific project quotation, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

Modifications

No modifications to these terms are valid unless:

  • Made in writing
  • Signed by both parties
  • Clearly identified as amendments
  • Referenced to the original agreement

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Assignment

  • Clients may not assign their rights without written consent
  • Timb&Co may subcontract work to qualified specialists
  • All subcontractors bound by these same terms

Notices

All formal notices must be:

  • In writing (email acceptable)
  • Delivered to registered addresses
  • Deemed received within 3 business days

Questions About Terms

If you have any questions about these terms and conditions, please contact us before accepting any quotation. We're happy to clarify any provisions.

Questions About These Terms?

If you need clarification on any of these terms and conditions, please contact us before accepting any quotation.

Address

Durban, KwaZulu-Natal
South Africa

Company: Timb&Co (Pty) Ltd
Director: Marco Ramcharan
BEE Level: 1 Certified
Governing Law: South African Law