Terms & Conditions

VALUE FENCING®

TERMS AND CONDITIONS OF SALE

Part A - DIY SHOP:

Terms and Conditions of Sale for Value Fencing Online Store (DIY SHOP)

Last Updated: 2026.03.11

Welcome to the Value Fencing Online Store. By accessing or using our website (https://valuefencing.co.za/products/cat/2/diy-shop" rel="noopener noreferrer" target="_blank">https://valuefencing.co.za/products/cat/2/diy-shop) to purchase products, you agree to be bound by these Terms and Conditions of Sale. Please read them carefully.

1. General Information

1.1. These Terms and Conditions govern the sale of products by Value Fencing (hereinafter referred to as "we," "us," or "our") to you (the "Customer" or "you").

1.2. We reserve the right to amend these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of the website after any changes constitutes your acceptance of the new Terms and Conditions.

2. Product Information

2.1. We strive to provide accurate descriptions of our products. However, we do not warrant that product descriptions, images, or other content on our site are accurate, complete, reliable, current, or error-free.

2.2. All products are subject to availability. We reserve the right to limit quantities or discontinue products at any time.

3. Orders and Payment

3.1. By placing an order, you agree to purchase the selected products at the listed prices. All prices are in ZAR (South African Rand) and include applicable taxes unless stated otherwise.

3.2. Payment can be made via the available payment methods on our website. You agree to provide valid payment information and authorize us to charge the total amount of your order.

3.3. Once your order is placed, you will receive an order confirmation via email. This confirmation does not constitute a contract; we reserve the right to cancel your order for any reason.

4. Delivery, Shipping & Packaging Terms - Value DIY Shop

4.1. We will make reasonable efforts to deliver products within the estimated delivery time. However, we are not responsible for any delays caused by external factors.

4.2. Delivery fees will be calculated at checkout based on the selected shipping method and delivery address.

4.3. Risk of loss and title for products pass to you upon delivery. You are responsible for inspecting the products upon receipt and must report any damages or discrepancies within 2 days of delivery.

4.4. All delivery quotes provided by Value DIY Shop are provisional estimates only and subject to final confirmation based on real-time courier rates at the time of dispatch.

4.5. South African Deliveries (Local & National)

• Delivery quotes displayed or sent via the website are valid only for deliveries within South Africa.
• These estimates are based on standard road freight to major metropolitan areas.
• Final courier charges may vary based on:
• Actual dimensions, weight, and volumetric rates
• Remote area surcharges, tolls, fuel levies, or estate/farm access fees
• Customers will be informed of the final confirmed delivery fee before dispatch. Orders will not be shipped until this is accepted and settled.

4.6. International Orders (Outside South Africa)

• Global freight, customs clearance, import duties, local taxes, and all cross-border charges are the sole responsibility of the client/buyer.
• Value DIY Shop does not provide international shipping quotes or customs support.
• All international orders are processed on an Ex Works (EXW) basis: collection must be arranged by the client from our premises.

4.7. Packaging, Crating & Export Handling

• Standard packaging is included for most local deliveries.
• For fragile items, international shipments, or export handling, specialized packaging and/or crating is available on request at an additional cost.
• This may include wooden crates, reinforced wrapping, foam protection, corner guards, or moisture-resistant materials as needed.
• Please request a packaging quote in advance if your order includes delicate or high-value components.

Important Notes:

• Deliveries are handled by independent, third-party courier partners.
• Value DIY Shop / Value Fencing cannot be held liable for delays, damage, or loss once the order is handed over to the courier.
• Customers must ensure that full and correct delivery address and access information is provided at checkout.

4.8. By placing your order, you confirm acceptance of these terms and acknowledge that:

• Courier quotes are provisional until final dispatch,
• Export-related charges and logistics are client-managed, and
• Optional crating / packaging services are available at extra cost when required.

5. Returns and Refunds

5.1. We want you to be satisfied with your purchase. If you are not satisfied, you may return unused products within 7 days of receipt for a refund or exchange.

5.2. To initiate a return, please contact our customer service team at info@valuefencing.co.za. Return shipping costs may apply.

5.3. Refunds will be processed to the original payment method within 14 days after we receive the returned products.

6. Limitation of Liability

6.1. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or products.

6.2. Our total liability to you for any claims arising out of these Terms and Conditions shall not exceed the amount you paid for the products in question.

7. Governing Law

7.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.

7.2. Any disputes arising from these Terms and Conditions shall be resolved in the courts of South Africa.

8. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

• Email: info@valuefencing.co.za
• Phone: 021 065 1614
• Address: Unit 9, Anterama Park 35, 41 Drommedaris Street, Charleston Hill, Paarl, 7646

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

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.

Images