This On-Site Works, Client Responsibilities & Site Conditions Policy forms part of the minimalist cpt’s quotation, order, agreement and/or terms and conditions relating to any installation, fabrication, measurement, delivery, assembly, modification or other work performed at a client’s premises or at any third-party site. The purpose of this Policy is to establish clear responsibilities between the minimalist and the client and to ensure that all site-specific requirements, restrictions, risks and instructions are communicated before work commences. Our work is undertaken based on the information, drawings, specifications, measurements, instructions and site conditions made available to us. Scope of Work Our responsibility is limited to the scope of work specifically described in the applicable written quotation, approved drawings, specifications, order confirmation or other written agreement. Any work, alteration, repair, drilling, cutting, fixing, modification or additional installation requirement that falls outside the agreed scope may constitute additional work and may be subject to additional charges. Where additional work is required because of site conditions, client instructions, concealed services, inaccurate information, changes to the site, or circumstances that could not reasonably have been identified before commencement, we reserve the right to charge for the additional labour, materials, transport and other costs incurred. Client Responsibility To Provide Complete Information The client is responsible for providing us with all information that may reasonably affect the manufacture, delivery or installation of the work. This includes, but is not limited to: •Structural restrictions. •Electrical wiring, conduits and electrical points. •Plumbing and water lines. •Gas lines. •Underfloor heating or other concealed systems. •Reinforcement, steelwork or structural members concealed within walls, floors or ceilings. •Waterproofing. •Fibre, data, alarm or security systems. •Irrigation systems. •Hidden pipes, cables or services. •Restrictions relating to drilling, cutting, fixing or anchoring. •Restrictions imposed by landlords, body corporates, estate management companies, architects, interior designers or other appointed professionals. •Any areas into which drilling, cutting, fastening or fixing is prohibited. •Any fragile, sensitive or specially finished surfaces. •Any other known condition that could affect our ability to safely or correctly perform the work. All such information must be provided to us in writing before the relevant work commences. Written Instructions and Communication We rely on written information when determining how work is to be performed. For purposes of this Policy, written communication includes email, signed documentation, approved drawings, written site instructions and other agreed electronic communication that can be retained as a record. Verbal instructions, conversations, assumptions or statements made on site should not be relied upon as amendments to the agreed scope unless confirmed in writing. If the client has a specific requirement regarding how or where an installation must be performed, that requirement must be clearly communicated to us before the relevant work begins. This includes specific instructions such as: •“Do not drill into this wall.” •“Do not drill into the floor.” •“Do not drill above this height.” •“Do not use anchors in this surface.” •“Do not penetrate this wall.” •“Do not use adhesive on this surface.” •“This area contains concealed services.” •“This surface must not be marked, drilled, cut or modified.” Where such restrictions are not disclosed to us in writing, we cannot reasonably be expected to know of them unless they are apparent from the site conditions or otherwise communicated to us before the work is undertaken. Drilling, Cutting, Fixing and Anchoring Where installation requires drilling, cutting, fastening, anchoring, screwing, bolting, bonding or otherwise fixing an item to a wall, floor, ceiling, cabinetry or other surface, the client is responsible for informing us in writing of any known restrictions or concealed services affecting the proposed fixing locations. Where no contrary written instruction or reasonable visible indication exists, we may proceed with the installation using the fixing method that we reasonably consider appropriate for the approved installation and the apparent site conditions. The client acknowledges that walls, floors, ceilings and other building elements may contain concealed services or structures that are not reasonably visible from the surface. We are not responsible for damage to concealed services, structures or installations where: 1.The existence or location of the service or structure was not disclosed to us in writing before the work; 2.The relevant information was not reasonably apparent or visible at the time of installation; and 3.We acted reasonably and in accordance with the agreed scope of work. This provision does not exclude or limit any liability that cannot lawfully be excluded or limited. Site Conditions and Hidden Conditions Our quotation and installation planning are based on the site information available to us at the time. We cannot accept responsibility for conditions that are concealed, inaccessible or not disclosed to us and that could not reasonably have been identified before or during the relevant work. Examples include, but are not limited to: •Concealed electrical cables. •Concealed plumbing. •Gas lines. •Structural steel or reinforcement. •Unexpected wall or floor construction. •Weak, hollow or unsuitable substrates. •Waterproofing systems. •Hidden services. •Previously installed fixtures or infrastructure. •Undisclosed alterations to the building. •Defective or deteriorated substrates. •Incorrect information supplied by the client or another appointed party. If an unforeseen condition is discovered, we may pause the relevant work and request further instructions before proceeding. Any additional work, materials, labour, specialist services or delays resulting from such conditions may be charged to the client where permitted by law and the applicable agreement. Client’s Responsibility For The Site The client must ensure that the site is reasonably prepared and suitable for our team to perform the agreed work. The client must provide: •Safe and reasonable access to the work area. •Sufficient working space. •Access to the relevant installation area. •Access to electricity where reasonably required. •Necessary permissions to perform the work. •Removal or protection of personal belongings where required. •Access to lifts, loading areas, parking or other facilities where applicable. •Any required building, estate, landlord or body corporate approvals. Where access is restricted, unsafe or materially different from what was represented to us, we may postpone or suspend the work until suitable access and conditions are provided. Additional attendance, transport, labour or other costs resulting from unsuitable or unavailable site conditions may be charged to the client. Measurements and Site Information Where measurements, dimensions or site information are supplied by the client or another third party, we are entitled to rely on that information unless we have specifically agreed in writing to verify it. Where the minimalist cpt undertakes site measurements, those measurements are taken for the purpose of the agreed scope and may be subject to reasonable site tolerances. The client remains responsible for notifying us of any changes to the site between measurement, manufacture and installation. Changes to the site after measurements have been taken may result in additional costs, modifications or remanufacturing. Client-Requested Changes On Site Any change requested by the client, architect, designer, contractor or other representative after fabrication or installation has commenced may affect the cost, programme and/or completed work. We are entitled to request written confirmation of any material change before proceeding. Additional costs arising from approved changes may include: •Additional materials. •Additional labour. •Additional fabrication. •Remanufacturing. •Additional transport. •Additional installation time. •Removal or alteration of completed work. •Third-party services. No employee, installer or subcontractor is authorised to approve a material variation to the contract price on behalf of the minimalist cpt unless authorised by management. Site Safety We reserve the right to refuse or suspend work where we reasonably believe that the working environment is unsafe, inaccessible or unsuitable for our team, equipment or the proposed work. The client is responsible for informing us of known site hazards before work commences. Where specialist services, permits, structural assessments, electrical work, plumbing work or other professional services are required, these must be arranged by the appropriate party before we proceed unless specifically included within our written scope. Damage and Liability We will take reasonable care when carrying out work. However, where damage results from a concealed condition, undisclosed information, inaccurate instructions, unsuitable existing structures or surfaces, third-party work, or circumstances outside our reasonable control, responsibility will be determined with reference to the applicable agreement and law. Nothing in this Policy is intended to exclude, restrict or limit any right, warranty, remedy or liability that cannot lawfully be excluded or limited. Where damage is alleged, the client must notify us as soon as reasonably possible and provide photographs and sufficient information for us to investigate the matter. We reserve the right to inspect the affected area before accepting responsibility or agreeing to remedial work. Third-Party Instructions Where we are working at the instruction of an architect, interior designer, contractor, project manager, property owner, tenant or other representative, the person providing the instruction must have authority to do so. The client remains responsible for ensuring that all relevant parties have communicated their requirements and restrictions to us. Conflicting instructions must be resolved in writing before we proceed with the affected work. Approval of Work Where practical, we may provide drawings, renders, measurements, samples, photographs or other information for client approval. The client is responsible for carefully reviewing and approving such information before manufacture or installation. Once written approval has been provided, manufacture and/or installation may proceed on the basis of that approval. Any subsequent changes may result in additional costs. Approval does not remove or limit any statutory rights or remedies applicable under South African law. Completion and Site Inspection Upon completion of the relevant installation, the client or authorised representative should inspect the work. Any visible installation-related concern should be brought to our attention as soon as reasonably possible. Where a completion sign-off is provided, it confirms that the client has inspected the visible work and considers the installation to have been completed in accordance with the agreed scope, subject always to any rights or warranties that cannot lawfully be excluded. Documentation and Record Keeping We may retain records relating to the project, including: •Quotations. •Drawings. •Measurements. •Photographs. •Pre-installation photographs. •Installation photographs. •Written instructions. •Email correspondence. •Approvals. •Site reports. •Completion records. These records may be used to establish the agreed scope, instructions, site conditions and work performed. Clients are encouraged to provide all important site instructions in writing so that there is a clear record available to all parties. No Implied Site Instructions The absence of a written instruction does not automatically mean that every possible site restriction has been disclosed to us. The client remains responsible for communicating known restrictions, concealed services and specific requirements that are not reasonably apparent from the site. We will not be responsible for acting contrary to a restriction that was not communicated to us and could not reasonably have been identified by us before the relevant work was undertaken, subject to applicable law. Right to Pause Work We reserve the right to pause work where: •Site conditions materially differ from those disclosed to us. •New information is discovered. •A safety concern arises. •Conflicting instructions are received. •Additional work outside the agreed scope is required. •The client requests a change that requires further consideration. •We require clarification regarding an installation method or site restriction. Where reasonably possible, we will notify the client of the reason for the pause and provide the information required to determine how the work should proceed. Additional Cost Resulting From Site Conditions Where additional costs arise due to circumstances outside our original agreed scope, including undisclosed site conditions, client-requested changes, restricted access, failed access, additional installation requirements or incorrect information supplied to us, such costs may be quoted separately before the additional work is undertaken where reasonably practicable. If urgent action is reasonably required to protect persons, property or the work itself, we may take reasonable steps to make the site safe and will notify the client as soon as reasonably practicable. Compliance With Applicable Law This Policy is intended to operate subject to applicable South African law, including the Consumer Protection Act 68 of 2008, as amended from time to time. Nothing contained in this Policy is intended to: •Exclude a statutory consumer right; •Exclude a statutory warranty; •Exclude liability that cannot legally be excluded; •Prevent a consumer from exercising a remedy available under applicable law; or •Override any mandatory provision of applicable legislation. Where any provision of this Policy is found to be invalid or unenforceable, that provision shall be interpreted or severed to the minimum extent necessary, while the remaining provisions shall continue to apply to the extent permitted by law. Client Acknowledgement By approving a quotation, placing an order, granting site access or instructing The Minimalist CPT to commence work, the client acknowledges that: 1.The work will be performed based on the agreed written scope and information made available to us. 2.The client is responsible for communicating known site restrictions and concealed services. 3.Specific instructions regarding drilling, cutting, fixing, anchoring or other installation methods should be provided in writing before work commences. 4.Site conditions may affect the installation and may require reasonable adjustments. 5.Additional work resulting from undisclosed conditions or client-requested changes may incur additional costs. 6.The client has had an opportunity to review this Policy before work commences. 7.This Policy forms part of the applicable quotation, order and/or agreement. 8.Nothing in this Policy limits any rights or remedies that cannot legally be limited. Written Instructions Requirement For the avoidance of doubt, if a client has a specific requirement, restriction or instruction relating to how work must be carried out, that requirement must be communicated to the minimalist cpt in writing before the relevant work commences. This is particularly important where the instruction relates to: drilling • cutting • fixing • anchoring • wall penetration • floor penetration • electrical services • plumbing • concealed services • structural elements • waterproofing • fragile surfaces • access restrictions • safety requirements. Where the client has knowledge of a restriction and fails to communicate it to us before the relevant work is undertaken, the consequences of that undisclosed information will be assessed in accordance with the applicable agreement and South African law. Contact For written site instructions, amendments, restrictions or queries relating to this Policy: the minimalist cpt Email: info@theminimalistcpt.com Clients are encouraged to provide all important instructions by email so that a clear and permanent project record is maintained.