Terms & Conditions

VALUE FENCING® - Terms and Conditions of Sale

Part 1 - Value DIY PVC - DIY Shop

Last Updated: 2025.12.11

Welcome to the Value Fencing® - Value DIY PVC - DIY Shop. These Terms and Conditions of Sale govern the sale of products through our online store. By accessing our website and/or placing an order, you agree to be bound by these Terms.

These Terms are intended to be read together with our website policies, including our Privacy Policy, Returns Policy, and any product-specific notices displayed on product pages, in the cart, at checkout, or in written quotations or order confirmations.

1. Supplier Details

This online store is operated by Value Fencing® / Value DIY PVC - DIY Shop.

Email: info@valuefencing.co.za

Phone: 021 065 1614

Address: Unit 9, Anterama Park 35, 41 Drommedaris Street, Charleston Hill, Paarl, 7646, South Africa

Website: https://valuefencing.co.za/products/cat/2/diy-shop⁠

Where required by law, our full legal and business details, contact details, and other website disclosures form part of these Terms. ECTA requires online suppliers to make information such as identity, address, contact details, pricing, delivery, returns, record-keeping, and payment/security information available on the website.

2. Application of These Terms

2.1. These Terms apply to all online purchases made from the Value DIY PVC - DIY Shop.

2.2. By placing an order, you confirm that you have read and accepted these Terms.

2.3. We may update these Terms from time to time. The version published on the website at the time you place your order will apply to that order.

2.4. If any part of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue to apply.

3. Important Notices

3.1. Certain terms in this document limit risk or responsibility, create obligations for you, or require you to accept certain responsibilities when ordering DIY products.

3.2. You should read all product descriptions, compatibility notes, warnings, cart notices, quotations, and checkout confirmations carefully before placing an order.

3.3. Nothing in these Terms is intended to unlawfully exclude or limit any rights you may have under applicable South African law, including rights that cannot legally be excluded. The CPA restricts unfair or excessively one-sided terms and preserves statutory remedies for defective goods.

4. Product Information

4.1. We aim to display product descriptions, dimensions, recommendations, images, colours, finishes, and specifications as accurately as reasonably possible.

4.2. Product images are for general illustration only and may not always reflect exact scale, colour tone, accessories, fittings, or site-specific installation requirements.

4.3. Unless expressly stated otherwise in writing, product references, guides, diagrams, installation notes, and compatibility notes are provided as general information only and do not constitute a site-specific design, engineering sign-off, quantity take-off, installation method statement, or project-specific bill of quantities.

4.4. Products are subject to availability. We may limit quantities, correct errors, withdraw items, or discontinue products without prior notice.

5. DIY Ordering, Compatibility and Quantity Responsibility

5.1. Many products sold on this store are offered on a DIY / self-selection basis.

5.2. Unless Value Fencing has provided you with a written quotation, written layout, written cut list, written bill of quantities, or written order confirmation expressly verifying suitability and quantities, you are solely responsible for ensuring that the items you order are:

• correct for your intended application,
• compatible with each other,
• suitable for your site and installation conditions,
• and sufficient in quantity.

5.3. This includes, without limitation, responsibility for ordering the correct type and quantity of:

• posts,
• post caps,
• rails,
• brackets,
• fasteners,
• fittings,
• joining components,
• reinforcing components,
• anchors,
• fixings,
• accessories,
• and any other required related items.

5.4. Where a product page states that a panel, screen, gate, or similar item is sold without posts, caps, or accessories unless separately listed, that product must be treated as a panel-only or component-only item.

5.5. If you place an order for fence panels, screens, or similar products without the required posts, post caps, accessories, or compatible supporting components, or with the wrong type or insufficient quantity of such items, and you did not obtain prior written confirmation from Value Fencing that your order was complete and correct, this will not constitute an incorrect supply by Value Fencing.

5.6. Any additional items required after such an order will be treated as a new or supplementary order and will be charged at the prices applicable at that time, together with any applicable delivery, packaging, handling, admin, or collection charges.

5.7. We may, but are not obliged to, contact you if we believe an order appears incomplete, incompatible, or unsuitable. Any such contact is a courtesy only and does not transfer responsibility for self-selected DIY quantities or compatibility to us unless we expressly confirm the order in writing.

5.8. No verbal advice, assumptions, customer interpretation, or informal discussion will override the written product listing, written quotation, or written order confirmation issued by us.

6. Product-Specific Notices

6.1. Product-specific notices displayed on the website form part of these Terms.

6.2. Where a product page states wording such as:

"Posts Not Included - Use 4040P (102x102mm) posts 2840mm & caps - Order separately"

or any similar wording, that notice must be read as an important product compatibility notice.

6.3. We recommend that all such notices be read together with the cart and checkout warnings before payment is made.

7. Orders

7.1. Placing products in a cart does not reserve stock and does not create a binding sale.

7.2. When you submit an order, you are making an offer to purchase the selected products subject to these Terms.

7.3. An automated order confirmation, payment acknowledgement, or email receipt does not necessarily mean that the order has been accepted by us as a final binding contract.

7.4. An order will only be accepted once we confirm dispatch, collection readiness, or otherwise confirm acceptance in writing.

7.5. We reserve the right to refuse, place on hold, amend, or cancel an order where reasonably necessary, including in cases of:

• pricing or listing errors,
• stock unavailability,
• suspected fraud or payment risk,
• incomplete or unverifiable customer information,
• delivery infeasibility,
• obviously incompatible or incomplete DIY orders,
• or any other lawful and reasonable ground.

7.6. If we cancel an order before dispatch and after payment has been received, we will refund the amount paid for the cancelled order or the affected item, subject to applicable law.

8. Pricing and Payment

8.1. All prices are listed in South African Rand (ZAR) unless otherwise stated.

8.2. Prices include VAT where applicable, unless expressly stated otherwise.

8.3. Delivery, packaging, crating, handling, customisation, remote-area surcharges, export-related costs, or other additional charges may apply depending on the order.

8.4. You are responsible for ensuring that all billing and payment details submitted are accurate and complete.

8.5. Payment must be received in full and cleared before dispatch or collection, unless we have agreed otherwise in writing.

8.6. We reserve the right to correct obvious pricing, calculation, listing, or typographical errors before dispatch.

9. Delivery, Collection and Shipping

9.1 General

9.1.1. Delivery times shown on the website are estimates only unless expressly confirmed in writing.

9.1.2. We will use reasonable efforts to prepare and dispatch goods within a reasonable time, but we are not liable for delays caused by stock constraints, third-party carriers, unrest, weather, force majeure, access issues, or other events outside our reasonable control.

9.1.3. You must ensure that the delivery address, contact details, and access instructions are accurate and complete.

9.2 Local South African Deliveries

9.2.1. Delivery charges shown on the website or quoted before dispatch are provisional estimates unless expressly confirmed as final.

9.2.2. Final courier or freight charges may change based on actual dimensions, mass, volumetric calculations, route, remote-area surcharges, tolls, fuel levies, estate or farm access restrictions, or other carrier-imposed charges.

9.2.3. We may contact you before dispatch to confirm revised delivery charges where applicable. Goods will not be dispatched until any required balance is settled.

9.2.4. Deliveries are performed by independent third-party carriers. However, nothing in these Terms is intended to exclude any rights you may have under applicable law where goods are damaged, lost, or incorrectly supplied before receipt by you.

9.3 Inspection on Delivery

9.3.1. You must inspect goods as soon as reasonably possible upon delivery or collection.

9.3.2. Any visible transit damage, shortages, incorrect items, or packaging issues should be noted immediately and reported to us in writing, preferably with photographs, within 2 business days of receipt.

9.3.3. Reporting within this period helps us investigate freight and packing issues promptly, but does not limit any non-excludable statutory rights you may have in respect of defective goods.

9.4 Collection by Customer or Customer-Appointed Carrier

9.4.1. Where you collect goods yourself, or appoint your own courier, transporter, freight forwarder, or agent, risk in the goods passes to you upon handover to you or your nominated carrier/agent at our premises.

9.4.2. You are responsible for ensuring that your chosen carrier, vehicle, loading method, packaging requirement, and transport insurance are suitable for the goods collected.

9.5 International Orders

9.5.1. Unless we expressly agree otherwise in writing, international orders are supplied on an Ex Works (EXW) basis from our premises in Paarl, South Africa.

9.5.2. For international orders, the client/buyer is solely responsible for arranging and paying for:

• collection or freight forwarding,
• export and import procedures,
• customs clearance,
• duties, taxes, VAT, levies, brokerage, port, storage, demurrage, and destination charges,
• and any required shipping insurance.

9.5.3. Unless specifically quoted and paid for, international freight, export-grade crating, specialized packaging, customs support, shipping insurance, and regulatory documentation are not included.

10. Packaging and Crating

10.1. Standard packaging suitable for normal local handling may be included for certain local deliveries.

10.2. Fragile items, export shipments, high-value components, or special handling requirements may require additional paid packaging, reinforced wrapping, foam protection, corner protection, shrink wrapping, palletising, wooden crating, or other measures.

10.3. If you need specialized packaging or crating, you must request this in advance. Additional charges will apply.

10.4. Standard local packaging may not be suitable for international transport unless upgraded by prior arrangement.

11. Risk and Ownership

11.1. Ownership in goods will pass to you once we have received full payment in cleared funds and the goods have been delivered to you, or handed over for collection, whichever applies in law and context.

11.2. Risk passes as follows:

• for local deliveries arranged by us: upon delivery to you, subject to any rights you may have under applicable law;
• for customer collections or buyer-appointed couriers: upon handover at our premises;
• for international EXW orders: upon handover to the buyer, buyer-appointed carrier, freight forwarder, or agent at our premises.

12. Returns, Exchanges and Refunds

12.1. This clause must be read together with your rights under applicable South African law. Nothing in these Terms excludes statutory rights that cannot lawfully be excluded.

12.2. Our returns and refund handling may differ depending on whether the issue is:

• a customer change of mind,
• incorrect self-selection or incorrect quantity ordered by the customer,
• an item specially made, cut, customised, or procured for the customer,
• a product defect,
• transit damage,
• or an incorrect item supplied by us.

12.3 Change of Mind / Customer Ordering Error

12.3.1. Subject to applicable law, we may in our discretion accept the return of unused standard-stock items where:

• return approval is obtained from us in writing first,
• goods are unused, uninstalled, undamaged, and in resalable condition,
• goods are returned with original packaging where reasonably required,
• return takes place within the period specified in our Returns Policy or as otherwise approved by us,
• and the customer pays return transport and any reasonable handling or restocking charges disclosed by us in advance.

12.3.2. We are not obliged to accept returns of goods that were incorrectly selected by the customer, ordered in the wrong quantity, ordered without the required accessories, or ordered in an incompatible configuration, except to the extent required by law.

12.4 Non-Returnable or Restricted-Return Items

12.4.1. Subject to applicable law, we may refuse returns or only accept them on special conditions for goods that are:

• specially ordered,
• customised,
• cut to size,
• made to order,
• non-standard,
• damaged after delivery,
• used, installed, or altered,
• or no longer in resalable condition.

12.5 Defective Goods / Incorrect Supply by Us

12.5.1. If we supplied the wrong goods, or goods that are materially defective, unsafe, or fail to meet applicable legal quality standards, your statutory rights will apply. The CPA provides consumers with protections, including an implied six-month warranty for goods that fail legal quality standards.

12.5.2. If you believe goods are defective or incorrectly supplied, you must notify us promptly and provide reasonable supporting information, including photographs where applicable.

12.5.3. We may inspect, collect, test, or require return of the goods before finalising the remedy, where reasonably necessary and lawful.

12.6 Direct Marketing Cooling-Off Rights

12.6.1. Where a transaction results from direct marketing and the law gives the consumer a cooling-off right, that right will apply as required by law. Under the CPA, a consumer may rescind a transaction resulting from direct marketing within five business days in the circumstances set out in the Act.

13. Warranties and Use of Products

13.1. Any product-specific warranty offered by us will apply only to the extent expressly stated in writing and subject to the stated warranty conditions.

13.2. Products must be stored, handled, transported, installed, used, and maintained correctly and for their intended purpose.

13.3. We are not responsible for loss, failure, damage, or performance issues caused by:

• incorrect self-selection,
• incorrect installation,
• incompatible components ordered by the customer,
• misuse,
• abnormal conditions,
• site-specific conditions not disclosed to us,
• unauthorised modification,
• improper storage or transport after risk has passed,
• or failure to follow written instructions.

13.4. General advice or product guidance does not amount to professional design, engineering, or site supervision unless expressly agreed in writing.

14. Limitation of Liability

14.1. To the fullest extent permitted by law, we will not be liable for indirect, special, incidental, punitive, or consequential loss, including loss of profits, project delays, loss of use, or third-party costs arising from the use of our products or website.

14.2. Nothing in these Terms excludes liability where such exclusion is unlawful.

14.3. Subject to applicable law, and except where a specific statutory remedy applies, our total liability in relation to any claim arising from a product sold by us will not exceed the amount actually paid by you for that product.

14.4. Where goods were self-selected on a DIY basis and no written suitability confirmation was provided by us, we will not be liable for losses arising from the customer's incorrect quantity take-off, omission of required components, or selection of incompatible items.

The CPA restricts unfair, unreasonable or unjust terms, so limitation clauses should be clear, fair, and not used to exclude non-waivable consumer rights.

15. Website Use, Errors and Availability

15.1. We do not guarantee that the website will always be uninterrupted, error-free, or free from technical malfunction.

15.2. We may suspend, update, modify, or withdraw any part of the website at any time.

15.3. We reserve the right to correct website errors, omissions, images, descriptions, specifications, pricing, and availability information before dispatch.

16. Privacy and Electronic Transactions

16.1. By placing an order online, you consent to us processing your information as reasonably necessary to process payment, fulfil your order, communicate with you, and comply with legal obligations.

16.2. You consent to receiving communications, records, invoices, and notices electronically where legally permissible.

16.3. We will keep transaction records in accordance with our legal and operational requirements. ECTA requires online suppliers to disclose how consumers may access and maintain a full record of the transaction.

17. Dispute Resolution

17.1. If you have a complaint, please contact us first so that we can attempt to resolve the matter promptly and in good faith.

17.2. Nothing in this clause prevents either party from exercising rights available under applicable law, including complaint mechanisms or court processes where appropriate.

17.3. If we subscribe to any alternative dispute resolution code, ombud process, or industry scheme, details will be made available on the website where required by law. ECTA specifically requires disclosure of any applicable ADR code on the website.

18. Governing Law and Jurisdiction

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

18.2. Subject to any mandatory consumer-law rights, any dispute arising from these Terms or a sale transaction will be subject to the jurisdiction of the South African courts.

19. Contact Details

For any order, delivery, returns, compatibility, or product questions, contact:

Value Fencing® / Value DIY PVC - DIY Shop

Email: info@valuefencing.co.za

Phone: 021 065 1614

Address: Unit 9, Anterama Park 35, 41 Drommedaris Street, Charleston Hill, Paarl, 7646, South Africa

20. Customer Acknowledgement

By placing an order, you acknowledge and agree that:

• you have read these Terms;
• you understand that many products are sold on a DIY self-selection basis;
• unless we have provided written confirmation otherwise, you are responsible for ensuring that your order includes the correct and sufficient compatible components;
• products such as fence panels may be sold without posts, caps, brackets, fixings, or accessories unless expressly listed;
• additional items required because of customer self-selection, incorrect quantities, or compatibility mistakes may need to be purchased separately;

courier or freight charges may require final confirmation before dispatch;

• and your statutory rights under applicable South African law remain applicable where they cannot lawfully be excluded.

By placing an order, you agree to these shipping terms and accept that all courier quotes are provisional until final confirmation.

Part 2 - Installed Jobs:

(Applicable to all Estimates, Quotations, Sales, Supply and Installation Work in the Republic of South Africa)

These Terms and Conditions apply to all quotations, supply of goods, installation work and services provided under the alue Fencing® brand.

These Terms must be read together with the applicable quotation, invoice, warranty document and any written project scope issued by the contracting Value Fencing® entity.

Acceptance of a quotation, payment of a deposit, or allowing installation work to commence constitutes acceptance of these Terms.

Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 ("CPA").

1. DEFINITIONS & INTERPRETATION

In these Terms and Conditions, unless the context indicates otherwise:

1.1 "Company" means Value Fencing®, including its franchisor entity (where applicable), and/or any authorised Value Fencing® franchisee trading under the Value Fencing® brand (as the contracting party stated in the Estimate/Quotation or Invoice).

1.2 "Customer" means the person / entity accepting the Estimate/Quotation and/or purchasing Goods and/or Services from the Company.

1.3 "Estimate/Quotation" means the document issued by the Company reflecting the estimated pricing, scope, and terms for the supply of Goods and/or Services.

1.4 "Goods" means the products supplied (including but not limited to PVC fencing, gates, pergolas, screens, shutters, accessories, etc.) as listed in the Estimate/Quotation.

1.5 "Services" means any services rendered (including measurements, delivery, installation, labour, call-outs, repairs, etc.) as listed in the Estimate/Quotation.

1.6 "CPA" means the Consumer Protection Act 68 of 2008, as amended, including its regulations.

1.7 Any reference to the singular includes the plural and vice versa.

2. APPLICABILITY

2.1 These Terms and Conditions apply to all transactions between the Company and the Customer unless specifically varied in writing and signed by the Company.

2.2 If there is any conflict between these Terms and Conditions and any Customer terms, purchase order terms, contractor conditions, or JBCC documentation, these Terms and Conditions shall prevail unless the Company expressly agrees otherwise in writing.

3. RETENTION OF TITLE (OWNERSHIP)

3.1 All Goods supplied remain the property of Value Fencing® until full and final payment (cleared funds) is received.

3.2 The Company may, without limiting its rights, enter the premises (where legally permissible) to recover Goods for which payment has not been received.

4. SUPPLIER DESIGNATION / NO SUBCONTRACTOR STATUS

4.1 Value Fencing® shall be appointed as a supplier and/or installer only.

4.2 Value Fencing® rejects designation as a subcontractor and shall not be bound by JBCC terms, retentions, penalties, set-offs, or other third-party contract terms not agreed to in writing.

5. ESTIMATES / QUOTATIONS / VALIDITY (GENERAL TERMS)

5.1 All Estimates/Quotations are subject to these Terms and Conditions.

5.2 Due to ongoing global geopolitical instability, maritime route disruptions, raw material shortages, currency volatility, and rapid fluctuations in international freight and manufacturing costs, all quotations issued by Value Fencing® are strictly valid for twenty-four (24) hours from the date and time of issue, unless expressly stated otherwise in writing.

5.5.1 Any quotation not formally accepted in writing within this period shall automatically lapse and become null and void, and a revised quotation may be required.

5.2.2 Acceptance of the quotation must be accompanied by confirmation of the applicable payment terms and any required deposit in order to secure pricing and production scheduling.

5.3 The Company reserves the right to withdraw or amend any Estimate/Quotation where an error exists, including incorrect quantities, omissions, or incorrect line items.

5.4 All quoted quantities are estimates and subject to final measurement and actual installation requirements.

5.5 Delivery and installation dates are estimates only and may change due to stock availability, imports, weather, site readiness, or project sequencing. The Company shall not be liable for losses arising from such delays, subject always to applicable CPA rights.

5.6 Images / emailed pictures are for illustration only. Actual appearance and accessory types may reasonably vary depending on availability and product upgrades.

5.7 Unless explicitly included: gates, motors, automation, and accessories are excluded.

5.8 Warranty activation: Product/material warranties apply only once the account is fully paid. Warranty documentation may be issued upon request.

5.9 The Customer consents to an ITC / credit check where required for risk control.

5.10 Customer personal/business information may be retained in line with the Company's POPIA / PAIA / Privacy Policy, solely for lawful operational and warranty purposes.

6. PAYMENT TERMS

6.1 A 60% deposit is required before production/preparation of materials begins, unless stated otherwise.

6.2 The full balance becomes due immediately upon completion and/or issuing of the final invoice.

6.3 The Customer may not withhold payment (including any retention amounts) due to snags, touch-ups, or minor outstanding items. Such items will be addressed in accordance with Clause 10 (Snags).

6.4 Any discount granted is a settlement discount and automatically lapses if payment is not received within 7 days from invoice date.

6.5 If payment is not received within 14 days, the Company may cancel the invoice and reissue at current pricing.

6.6 Repair jobs / cash jobs are payable in full upfront.

6.7 Acceptance may occur through written approval, email/SMS confirmation, payment, or allowing access for installation. Such acceptance constitutes acceptance of these Terms & Conditions.

7. CUSTOMER RESPONSIBILITIES

7.1 The Customer is responsible for obtaining all approvals/permissions (municipality, body corporate, estate, HOA, etc.).

7.2 The Customer is responsible to ensure compliance with title deeds, municipal by-laws, NBR/SANS requirements, and estate rules (unless the Company has agreed in writing to manage approvals).

7.3 Unless specified: post caps quoted are standard flat caps. Upgraded caps are extra.

7.4 The Customer confirms that the scope and specification has been understood and approved before manufacture/prep begins.

7.5 The Customer must provide:

• safe access to site
• water + 220V power
• access to both sides of walls where needed
• a concrete mixing area
• animal restraint / access codes
• toilet facilities for workers

7.6 Materials stored on site remain at Customer risk (unless otherwise agreed).

7.7 The Customer must provide accurate site plans indicating underground services (stormwater, piping, ducting, irrigation, electrical etc.). If not provided, the Customer indemnifies the Company against related damage/claims.

8. INSTALLATION & TECHNICAL TERMS

8.1 Spacing / gaps must be requested in writing on confirmation.

8.2 Any scope changes after acceptance may result in additional costs.

8.3 Certain styles may require stepping on slopes and could require additional posts, labour, concrete and consumables.

8.4 Standard clearance gap under fencing/screening typically ±40-50mm, unless otherwise agreed.

8.5 The Company may reasonably determine whether sections are stepped/sloped unless the Customer requests otherwise in writing.

8.6 Balustrade installations are aligned to SANS 10400 principal criteria unless the Customer instructs a non-compliant installation (in which case liability remains with the Customer).

8.7 PVC products are not designed for soil retention; using them for this voids warranties.

9. 1-YEAR INSTALLATION & WORKMANSHIP WARRANTY

9.1 The Company provides a limited Installation & Workmanship Warranty of 12 (twelve) months only from date of installation completion.

9.2 This workmanship warranty covers reasonable workmanship-related defects attributable solely to installation workmanship performed by the Company.

9.3 This warranty does not cover:

• tampering / third-party repairs or adjustments
• storm / wind / impact damage
• movement of walls, soil, foundations, paving or structures
• use of the product contrary to instructions
• damage caused by early use before concrete curing
• normal wear and tear

10. SNAGS / FINALISATION

10.1 Upon completion of installation the Customer may reasonably inspect the work performed.

10.2 Minor adjustments, cosmetic touch-ups or small outstanding items ("snags") do not constitute incomplete work.

10.3 Minor snags shall not justify withholding the full contract payment.

10.4 Where a material defect substantially affects functionality or usability, the Customer must notify the Company in writing and allow the Company a reasonable opportunity to inspect and remedy the issue.

10.5 The Customer may reasonably withhold only the portion of payment directly attributable to the defective work, and not the entire contract value.

10.6 The Company shall rectify verified workmanship defects within a reasonable time subject to weather conditions, product availability, site access and reasonable scheduling constraints.

10.7 The Customer shall not appoint third-party contractors to remedy alleged defects without first giving the Company a reasonable opportunity to do so.

11. AIRCON COVER DISCLAIMER (NO CONDENSER / UNIT LIABILITY)

11.1 PVC aircon covers are designed primarily for screening, concealment and aesthetic improvement, not as a weatherproof or climate-control enclosure.

11.2 While the Company takes reasonable care during installation, the Company accepts no responsibility for any damage to:

• air conditioner condenser units
• coils, fans, electronics, sensors
• refrigerant piping / brackets
• corrosion, overheating, restricted airflow or performance issues

that occurs after installation, regardless of cause, including (but not limited to) environmental exposure, existing defects, incorrect aircon installation, lack of servicing, or restricted airflow due to unit-specific requirements.

11.3 The Customer remains responsible to ensure the aircon unit is serviced, ventilated and installed according to manufacturer specifications. If uncertain, the Customer must consult an HVAC technician before installation.

12. PERGOLAS - SHEETING DISCLAIMER & WARRANTY POSITION

12.1 Value Fencing® pergolas are supplied/installed in accordance with the specific scope described in the Estimate/Quotation.

12.2 Any installation of sheeting (including polycarbonate, IBR, Chromadek, shade cloth, waterproofing, flashings or coverings) onto any Value Fencing® pergola structure by any person whatsoever, including:

• the Customer
• any third-party contractor
• any Value Fencing® franchisee not appointed for such sheeting scope
• any installer not expressly authorised in writing

shall automatically:

• void the pergola warranty in relation to structural performance, sagging, warping, deflection, leaks, water pooling, fastener failure, and any resultant damages.

12.3 Where pergola sheeting installation is undertaken, the Customer acknowledges that all warranties and liabilities for such sheeting work rest solely with the installer who performed the sheeting installation at franchisee/contractor level, and not with the Value Fencing® franchisor or the broader franchise group.

12.4 The Company shall not be liable for any leaks, water damage, damp, ceiling damage, mould, or water ingress-related damages arising from any coverings/sheeting.

13. INDEMNITY / LIMITATION OF LIABILITY

13.1 The Company, its franchisor, franchisees, directors, employees and agents shall not be held liable for:

• movement or failure of walls/columns/substructures
• wind, storms, tampering, third-party damage
• damage to paving/tiles/plaster/brickwork/services during drilling/digging where services were not clearly identified
• claims arising from Customer instructions to install non-compliantly
• security loss due to incomplete fences/removed fences beyond the Company's control

13.2 Where liability cannot legally be excluded under the CPA, liability shall be limited to the extent permitted by law.

14. ACCESSORIES DISCLAIMER

14.1 Accessories are sourced from reputable suppliers; however, the Company does not guarantee accessories against rust, corrosion, mechanical failure or supplier manufacturing defects.

14.2 The supplier's warranty (if applicable) applies and claims must be directed accordingly.

14.3 Stainless steel requires maintenance; surface rust may occur and must be prevented by periodic cleaning/oiling.

15. STAND TIME / DELAYS CAUSED BY CUSTOMER / SITE

The Customer is liable for additional costs caused by:

• lack of access / no power / no water
• site not ready
• delays caused by other contractors
• animals / tenants preventing work
• additional tools required (scaffolding, generators, jackhammers etc.)

16. PRICE ESCALATION

16.1 Prices are based on current material and transport costs and are subject to change where:

• material costs increase significantly
• shipping/transport increases unexpectedly
• delays push work into a new financial year

16.2 Any escalation will be reasonable, objectively motivated and compliant with the CPA.

17. ENTIRE AGREEMENT / AMENDMENTS

17.1 These Terms & Conditions, together with the Estimate/Quotation and/or Invoice, constitute the entire agreement.

17.2 No amendment is valid unless in writing and signed by the Company.

17.3 If any provision is found unlawful/unenforceable, the remaining provisions remain enforceable.

18. Quotation Validity, Pricing Volatility, Supply Chain Disruption & Force Majeure Terms

18.1. Pricing Basis & Replacement Value Principle

All pricing is calculated based on current supplier pricing, raw material costs, manufacturing inputs, freight charges, and exchange rates applicable at the time of quotation.

Due to the volatility of global material markets, pricing is based on the replacement value principle, meaning products cannot be sold below the realistic cost required to replenish stock under prevailing market conditions.

Where market conditions materially change between quotation and order confirmation, Value Fencing® reserves the right to revise pricing accordingly to reflect current replacement costs.

18.2. Raw Material Escalation Clause

PVC, aluminium, steel hardware, and related manufacturing inputs are internationally traded commodities subject to rapid price fluctuations.

Should any increase occur in:

• raw material costs

• supplier manufacturing prices

• extrusion production costs

• packaging materials

• energy or fuel costs

• freight or shipping charges

prior to production or delivery, Value Fencing® reserves the right to adjust the quoted price proportionally to reflect such increases.

The customer will be notified of any adjustment and given the option to accept the revised price or cancel the order prior to manufacturing or dispatch.

18.3. Currency & Exchange Rate Volatility

Where pricing is influenced directly or indirectly by imported raw materials, international supplier inputs, or foreign currency denominated costs, Value Fencing® reserves the right to revise pricing in response to significant exchange rate fluctuations occurring between quotation and order confirmation.

This clause applies particularly to Rand-Dollar or other foreign currency volatility impacting imported components or raw materials.

18.4. Freight, Logistics & Shipping Cost Adjustments

International and domestic freight markets are currently subject to extreme volatility due to maritime route disruptions, container shortages, geopolitical conflicts, fuel price fluctuations, and port congestion.

Should transport or logistics costs materially increase between quotation and delivery, Value Fencing® reserves the right to adjust freight, delivery, or logistics charges accordingly.

18.5. Supply Chain Disruption

The customer acknowledges that the global building materials industry is currently subject to significant supply chain instability.

Accordingly, product availability, production scheduling, and delivery timelines may be affected by circumstances beyond the reasonable control of Value Fencing®, including but not limited to:

• raw material shortages

• supplier manufacturing delays

• shipping delays or container shortages

• port congestion or maritime disruptions

• international sanctions or trade restrictions

• transport infrastructure disruptions

• global logistics bottlenecks

Quoted lead times are therefore estimates only and may change depending on prevailing supply conditions.

Value Fencing® shall not be liable for reasonable delays caused by such circumstances.

18.6. Supplier Failure or Production Interruption

Where materials or components are sourced from third-party suppliers, Value Fencing® shall not be held responsible for supplier production failure, supplier insolvency, raw material shortages, or inability of suppliers to fulfil orders.

In such circumstances Value Fencing® reserves the right to:

• substitute equivalent materials where appropriate

• adjust production timelines

• revise pricing where necessary

• cancel affected orders where supply becomes impossible.

18.7. Global Geopolitical Risk Acknowledgement

The customer acknowledges that global trade is currently affected by international conflict zones, maritime route instability, sanctions regimes, and geopolitical tensions, including disruptions affecting key global shipping routes.

Such conditions may result in:

• sudden freight increases

• international shipping delays

• extended transit times

• import or export restrictions

• increased insurance costs

Where these factors materially impact supply, Value Fencing® reserves the right to adjust delivery schedules, sourcing arrangements, or pricing as reasonably required to continue supply operations.

18.8. Force Majeure

Value Fencing® shall not be liable for any failure or delay in the performance of its obligations where such failure or delay arises directly or indirectly from events beyond its reasonable control, including but not limited to:

• war, armed conflict, terrorism, or civil unrest

• maritime route closures or shipping disruptions

• natural disasters, floods, fires, or extreme weather

• pandemics or public health emergencies

• labour strikes or industrial action

• supplier failure or raw material shortages

• government regulation, trade sanctions, or embargoes

• port congestion or transport network disruption

• power shortages or utility interruptions

In such circumstances Value Fencing® reserves the right to suspend, delay, or cancel affected orders without penalty, subject to applicable law.

18.9. Delivery Estimates

Any delivery dates or production timelines provided are estimates only and do not constitute a guarantee of delivery by a specific date.

While Value Fencing® will make reasonable efforts to meet indicated timelines, the company shall not be liable for delays caused by supply chain disruptions, transport delays, supplier issues, or force majeure events.

18.10. Order Confirmation

Orders shall only be deemed confirmed once:

• written acceptance of the quotation has been received, and

• any required deposit or payment terms have been satisfied.

Until such confirmation occurs, Value Fencing® reserves the right to withdraw, amend, or re-issue quotations at its discretion.

19. RELEVANT LINKS

• Warranty: https://valuefencing.co.za/warranty" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/warranty
• POPIA: https://valuefencing.co.za/popia" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/popia
• PAIA: https://valuefencing.co.za/paia" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/paia
• Privacy Policy: https://valuefencing.co.za/privacy-policy" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/privacy-policy

20. FRANCHISOR NON-LIABILITY CLAUSE

20.1 The Customer expressly acknowledges that Value Fencing® operates as a franchise network consisting of independently owned and operated franchise businesses.

20.2 Unless the Value Fencing® franchisor entity is expressly stated as the contracting party in the relevant Estimate/Quotation, Sales Order, or Tax Invoice, the franchisor shall not be deemed to be the supplier, installer, contracting party or service provider in the transaction.

20.3 Each Value Fencing® franchisee operates as an independent contractor and independent business, trading under the Value Fencing® brand pursuant to a franchise agreement, and not as agent, partner, employee, joint venture partner, or legal representative of the franchisor merely by virtue of operating within the franchise network.

20.4 Accordingly, the Customer agrees that any contractual relationship arising from the acceptance of an Estimate/Quotation shall exist solely between the Customer and the specific Value Fencing® entity identified on the quotation or invoice as the contracting party.

20.5 The franchisor shall therefore not be liable for any loss, damage, delay, defect, omission, misrepresentation, negligence, breach of contract or other claim arising from or related to:

• quotations issued by a franchisee

• pricing, discounts, or payment arrangements agreed by a franchisee

• installation workmanship performed by a franchisee

• delays in supply, delivery, or installation

• site management or operational conduct of a franchisee

• acts or omissions of a franchisee's employees, subcontractors or agents

• warranty claims relating to work performed by a franchisee

• any operational or financial obligations of a franchisee.

20.6 Any claim arising from the supply of Goods and/or Services by a franchisee shall be directed solely against the contracting franchisee entity stated on the Estimate/Quotation or invoice.

20.7 Nothing contained in this clause shall exclude any liability which cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable legislation where the franchisor has directly contracted with the Customer.

20.8 The inclusion of Value Fencing® trademarks, branding, marketing materials, website references, or network affiliation shall not in itself create any contractual relationship between the Customer and the franchisor unless expressly confirmed in writing.

21. PERSONAL SURETYSHIP (WHERE CUSTOMER IS A JURISTIC PERSON)

21.1 Where the Customer is a company, close corporation, trust, partnership, body corporate, association or other juristic entity, the person signing acceptance of the Estimate/Quotation on behalf of the Customer:

• warrants that they are duly authorised to bind the Customer; and

• may be required to bind themselves personally as surety and co-principal debtor for the obligations of the Customer.

21.2 By accepting the Estimate/Quotation, the signatory binds themselves jointly and severally as surety and co-principal debtor in favour of the Company for the due and punctual payment of all amounts which may become owing by the Customer to the Company.

21.3 The suretyship obligation shall include, but not be limited to:

• payment of all invoices

• interest where applicable

• legal costs recoverable by law

• collection costs

• damages arising from breach of contract.

21.4 The liability of the surety shall not be affected by any indulgence, extension of time, compromise, or variation of the agreement granted by the Company to the Customer.

21.5 The surety hereby renounces the benefits of excussion and division, the full meaning and effect of which the signatory acknowledges they understand.

21.6 The suretyship shall remain in force until all obligations of the Customer to the Company have been fully discharged.

21.7 Where required by the Company, the signatory may be requested to sign a separate written suretyship confirmation, but the absence of such separate document shall not invalidate the suretyship created by acceptance of the quotation.

21.8 This clause shall apply only to the extent permitted by applicable law.

22. BRAND CONTINUITY / FRANCHISE NETWORK PROTECTION

22.1 The Customer acknowledges that Value Fencing® is a registered franchise network and brand system operating through authorised franchisees under licence from the franchisor.

22.2 The Customer further acknowledges that the Value Fencing® brand, systems, intellectual property, client relationships and service standards remain the property of the franchisor, irrespective of which authorised franchisee performs the work.

22.3 In the event that a Value Fencing® franchisee:

• ceases trading,

• sells its business,

• loses its franchise licence,

• is terminated from the franchise network,

• becomes insolvent,

• defects from the network,

• rebrands under another name, or

• is otherwise no longer authorised to operate under the Value Fencing® brand,

the franchisor shall have the exclusive right to appoint another authorised Value Fencing® franchisee or approved contractor to complete, continue, service, maintain, repair or honour any existing Value Fencing® installation, supply contract, warranty or service obligation.

22.4 The Customer agrees that any warranties, servicing, maintenance or follow-up work relating to Value Fencing® products shall remain within the Value Fencing® franchise network, and the Customer shall not be entitled to demand that such work be performed by any former franchisee who is no longer authorised to operate under the Value Fencing® brand.

22.5 Where a franchisee has ceased to be authorised, the Customer acknowledges that:

• such former franchisee no longer represents Value Fencing®,

• such former franchisee may not present itself as affiliated with the Value Fencing® network, and

• the franchisor may reassign the Customer relationship to another authorised franchisee within the network.

22.6 Nothing in this clause prevents the Customer from engaging any contractor of their choice for new work unrelated to Value Fencing® warranties or existing contractual obligations.

22.7 This clause exists solely to protect the continuity, integrity, and service obligations of the Value Fencing® brand and franchise network.

23. ENTIRE AGREEMENT

These Terms together with the quotation, invoice and warranty documentation constitute the entire agreement between the parties.

No amendment shall be valid unless recorded in writing and signed by the Company.

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