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:
- The Client accepts a written quotation from Timb&Co
- The Client makes the required deposit payment
- 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:
- Contact Timb&Co within 7 days of discovering the issue
- Provide photographic evidence of the problem
- Allow reasonable access for inspection and repair
-
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
- Written notice of termination (7 days minimum)
- Final account reconciliation within 14 days
- Return of any advance payments for unperformed work
- 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:
- Requested in writing by the client
- Assessed by Timb&Co for feasibility and cost
- Quoted separately with timeline implications
- 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
-
Direct Negotiation: Attempt to resolve through
direct discussion
-
Mediation: If negotiation fails, proceed to
mediation
-
Arbitration: Binding arbitration if mediation
unsuccessful
-
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.