These Terms and Conditions apply to all quotations, work, services, goods, equipment, installations, inspections, repairs, maintenance, load testing, breakdowns, alterations, upgrades, and any other services supplied by AC Crane Maintenance (Pty) Ltd. These terms are based on the document we started with and the clauses we added around payment, penalties, cancellation, rental, certification, and site responsibility.
For the purpose of these Terms and Conditions, the following words shall have the meanings set out below, unless the context clearly indicates otherwise.
“Company” means AC Crane Maintenance (Pty) Ltd, including its directors, employees, representatives, subcontractors, agents, and authorised personnel.
“Client” means any person, company, close corporation, trust, body, entity, representative, site owner, contractor, principal contractor, or authorised person who accepts a quotation, instructs work, receives Goods, or benefits from Services supplied by the Company.
“Services” means all work performed by the Company, including but not limited to crane installations, overhead crane services, gantry crane services, breakdowns, inspections, load testing, lifting machinery maintenance, alterations, upgrades, repairs, structural work, electrical work, commissioning, supply, fabrication, rigging, technical support, consulting, or related services.
“Goods” means all equipment, materials, components, parts, spares, cranes, hoists, beams, electrical items, control systems, lifting equipment, manufactured items, fabricated steelwork, and any other goods supplied, installed, delivered, modified, or allocated by the Company.
“Quotation” means any written quotation, estimate, proposal, offer, pricing document, scope document, or written communication issued by the Company setting out pricing, scope, terms, exclusions, timelines, or conditions.
“Site” means any property, premises, factory, workshop, construction site, plant, building, or location where the Company is required to supply Goods or perform Services.
“Variation” means any change, addition, omission, instruction, delay, extra work, change in site condition, or deviation from the original quoted scope, whether verbal, written, implied, requested, or required due to circumstances.
These Terms and Conditions apply to all Goods supplied and Services rendered by the Company, whether the work is once-off, project-based, emergency, maintenance-based, inspection-based, or ongoing.
The Client accepts and agrees to these Terms when any one of the following occurs:
These Terms shall apply even if the Client does not sign a separate agreement, provided that the Client accepted, instructed, allowed, or benefited from the work.
These Terms override any terms or conditions supplied by the Client, including purchase order terms, unless the Company expressly agrees to those terms in writing.
All quotations issued by the Company are valid for 7 calendar days from the date of issue, unless a different validity period is stated in writing.
A quotation is based strictly on the information available to the Company at the time of quoting, including:
The Client acknowledges that if any information supplied is incorrect, incomplete, outdated, misleading, or omitted, the Company may revise the price, timeline, scope, or method of work.
Acceptance of a quotation may take place by:
Once accepted, the quotation becomes binding, subject to these Terms.
No price shall include additional work unless it is clearly stated in the quotation. Any work outside the quoted scope shall be treated as a Variation and charged separately.
Payment terms shall be those stated on the quotation, invoice, statement, or written agreement issued by the Company.
Unless otherwise agreed in writing:
The Client acknowledges that payment on time is a material condition of the agreement. The Company relies on timeous payment to allocate labour, purchase materials, schedule work, and release documentation.
No Client may delay payment because of internal payment runs, administrative delays, missing purchase orders, internal approvals, disputes between third parties, or other internal processes.
No change to payment terms shall be valid unless confirmed in writing by the Company.
The Company may require a deposit before work starts, before materials are ordered, before manufacturing begins, or before labour is booked.
The Company may, at its sole discretion, grant the Client a credit facility. Any credit facility remains a privilege and not a right.
Where a credit limit is granted:
The Company may at any time:
The Company is not liable for delays caused by suspension due to credit limits, unpaid invoices, or non-compliance with payment terms.
If the Client fails to pay any amount on due date, the Client shall be in default without the need for further notice.
In the event of late payment or non-payment:
The Client shall be liable for all recovery costs, including:
Where any Goods, equipment, materials, components, cranes, hoists, structures, or installations supplied by the Company remain unpaid, ownership remains with the Company.
If the Client continues using unpaid Goods, such use shall be deemed continued commercial use of Company-owned property.
The Company shall be entitled to charge a reasonable rental fee for such continued use from the date payment became due until the date full payment is received.
Such rental:
If a court finds that the interest rate is not enforceable in whole or in part, the Company reserves its right to claim rental, damages, loss of use, or any other lawful remedy available.
The Client may not withhold, delay, reduce, deduct, or set off any payment due to the Company for any reason whatsoever.
This includes, but is not limited to:
All invoices must be paid in full and without deduction.
Any dispute must be dealt with separately and does not suspend the Client’s obligation to pay.
All Goods supplied by the Company remain the sole property of the Company until full payment has been received.
This applies whether the Goods have been:
Until full payment has been made, the Client may not:
The Client must keep unpaid Goods identifiable as Company property where reasonably possible.
The Client authorises the Company, where legally permitted, to enter the premises where unpaid Goods are located for purposes of inspection, disconnection, removal, or recovery.
The Company’s right to recover Goods does not limit its right to claim outstanding amounts, rental, damages, interest, and legal costs.
Risk in all Goods passes to the Client upon the earlier of:
From the point risk passes, the Client is responsible for:
Risk passes regardless of whether ownership has transferred.
The Client must ensure adequate insurance is in place for all Goods on site, especially where equipment, crane components, hoists, steelwork, or electrical components are delivered before full installation or commissioning.
The Company may issue documentation, reports, inspection records, load test certificates, compliance certificates, drawings, technical documents, service reports, or other records as part of its Services.
No certificate, report, or compliance document shall be released, valid, effective, relied upon, or deemed issued until full payment has been received.
The Client agrees that the Company may withhold documentation where:
The Company shall not be liable for any operational, legal, insurance, production, or compliance consequences caused by the Client’s failure to pay and the resulting withholding of certificates or documentation.
The Client may not operate or rely on equipment requiring certification where the relevant certificate has not been formally issued by the Company.
The Client is responsible for ensuring that the site is ready, safe, accessible, and suitable for the Company to perform the Services.
The Client must provide:
The Client is responsible for delays caused by:
Any additional cost caused by Client delay or Client failure shall be for the Client’s account.
The Company will perform its Services in accordance with applicable South African health and safety requirements.
The Client must ensure that the site complies with all applicable safety laws, regulations, site rules, and access requirements.
The Company may refuse, suspend, or stop work if:
Any delay or cost caused by unsafe conditions shall be for the Client’s account.
The Company shall not be required to perform unsafe work, even if the Client insists.
The Client is responsible for the suitability and integrity of the site, building, structure, foundations, supports, columns, beams, floors, walls, roof structures, mounting points, electrical supply, and any existing infrastructure.
Unless specifically included in the quotation, the Company does not accept responsibility for:
Where the Company installs onto existing structures, the Client warrants that such structures are suitable and capable of carrying the required loads.
The Company is not liable for any failure, damage, delay, or cost arising from inadequate site conditions or structural defects not caused directly by the Company.
Where work involves electrical systems, control panels, wireless remote systems, VSDs, contactors, cabling, limit switches, isolators, or existing crane controls, the Company is not liable for pre-existing defects or faults.
The Client accepts responsibility for:
Where the Company integrates new equipment with existing systems, performance may depend on the condition and compatibility of existing equipment.
Any additional work required due to existing defects, unsafe wiring, non-compliant systems, or third-party interference shall be charged separately.
All materials, components, spares, hoists, motors, brakes, gearboxes, electrical components, steel, and manufactured items are subject to supplier availability and supplier lead times.
Quoted lead times are estimates and are not guarantees.
The Company is not liable for delays caused by:
If supplier pricing increases after quotation acceptance but before procurement, the Company may revise the price where such increase is outside its control.
Delivery and installation timelines are estimates based on information available at the time of quotation.
Timelines may be affected by:
Completion shall be deemed to occur when the Company has substantially completed the quoted work, even if minor snagging, documentation, or Client-requested extras remain outstanding.
The Client may not delay payment because of minor issues that do not prevent substantial use or completion of the work.
The Company may provide breakdown, emergency, and after-hours Services where available.
Response times are estimates only and are not guaranteed.
Emergency work may be charged at higher rates, including:
The Client accepts that emergency work may involve temporary repairs, fault finding, or recommendations before permanent repairs can be completed.
Any parts, repairs, or additional work required after initial fault finding shall be charged separately unless included in writing.
Any work not specifically included in the original accepted quotation shall be treated as a Variation.
Variations include:
Variations may be quoted separately or charged at the Company’s applicable labour, material, travel, and equipment rates.
Verbal instructions, WhatsApp instructions, email instructions, site instructions, or instructions from authorised Client representatives may be treated as approval for Variation work.
The Client remains liable for payment of Variation work once instructed, accepted, or allowed to proceed.
The Client must ensure that the Company has access to perform the work at the agreed time.
If the Company is delayed, prevented, or interrupted due to Client-related causes, the Company may charge standing time.
Client-related causes include:
The Company may charge for:
The Company may immediately suspend, postpone, or stop work if:
Suspension does not cancel the Client’s obligation to pay.
The Client shall be liable for all costs arising from suspension, including:
The Company is not liable for delays caused by lawful suspension.
All cancellations or postponements must be submitted in writing by the Client.
A cancellation or postponement shall only be effective once acknowledged by the Company in writing.
If the Client cancels, postpones, delays, or places work on hold after acceptance, the Client shall be liable for all costs already incurred or committed.
These include:
In addition to actual costs incurred, the Company may charge a handling and administration fee to cover procurement, scheduling, administration, resource allocation, and lost opportunity costs.
The handling fee may be charged as follows:
The exact fee shall depend on the stage of the project, costs committed, resources allocated, and losses suffered by the Company.
If the Client postpones or reschedules work, a minimum of 48 hours written notice is required.
If less than 48 hours’ notice is given, the Company may charge:
Repeated postponements may be treated as cancellation.
Custom, fabricated, imported, manufactured, modified, or special-order Goods are non-cancellable and non-refundable once ordered, manufactured, allocated, or fabricated.
The Client remains liable for such Goods in full.
Cancellation does not release the Client from payment obligations already incurred.
Any warranty provided by the Company shall apply only where expressly stated in writing.
Unless otherwise stated, warranty applies only to workmanship performed by the Company and does not cover unrelated, existing, or third-party faults.
Warranty excludes:
Warranty shall become void if:
The Company shall be given a reasonable opportunity to inspect and remedy any alleged defect before the Client may involve third parties.
The Company shall not be liable for indirect, consequential, special, or economic losses.
This includes, but is not limited to:
The Company’s total liability, whether arising from contract, delict, negligence, warranty, or otherwise, shall be limited to the total value of the specific contract or invoice giving rise to the claim.
The Client accepts that crane work, lifting machinery, installations, inspections, and repairs involve operational risk, and the Company’s liability is limited to the direct work performed by the Company.
The Client indemnifies and holds the Company harmless against all claims, losses, damages, costs, penalties, demands, or legal action arising from:
This indemnity applies to claims by the Client, Client employees, contractors, site owners, insurers, third parties, or any other affected party, except where caused solely by proven gross negligence of the Company.
The Company shall not be liable for failure or delay caused by events beyond its reasonable control.
These include:
Where a force majeure event occurs, timelines shall be extended for a reasonable period.
The Client remains liable for all work performed and costs incurred before or during the event.
All designs, drawings, calculations, concepts, proposals, layouts, methods, technical documents, reports, pricing structures, and specifications prepared by the Company remain the intellectual property of the Company unless otherwise agreed in writing.
The Client may not:
Payment for Services does not transfer intellectual property rights unless specifically agreed in writing.
The Company may collect and process personal information required for quoting, invoicing, service delivery, legal compliance, communication, account management, and record keeping.
The Client consents to the Company processing information for these purposes.
The Company will take reasonable steps to protect personal information in accordance with applicable South African law.
Both parties shall treat confidential business, technical, commercial, and operational information as confidential and shall not disclose such information unnecessarily, except where required for service delivery, legal compliance, debt collection, insurance, or enforcement of rights.
If a dispute arises, the parties shall first attempt to resolve the matter through direct negotiation.
The Client may not use a dispute as a reason to withhold payment.
If the dispute cannot be resolved, the Company may proceed with legal action, debt collection, arbitration, mediation, or any other lawful remedy available to it.
Nothing in this clause prevents the Company from taking urgent legal action, suspending work, recovering Goods, or enforcing payment rights.
The Client consents to the jurisdiction of the Magistrates Court, even where the amount claimed may exceed the ordinary monetary jurisdiction of that court.
The Company may, at its sole discretion, institute proceedings in:
The Company’s choice of forum shall not limit its rights.
These Terms and all agreements between the Company and the Client shall be governed by the laws of the Republic of South Africa.
Any dispute, claim, enforcement action, or interpretation of these Terms shall be dealt with according to South African law.
These Terms, together with the accepted quotation, invoice, written scope, and any written variations, constitute the full agreement between the parties.
The Client confirms that it has not relied on any promises, statements, representations, or assurances not recorded in writing.
No verbal agreement, side arrangement, or informal statement shall amend these Terms unless confirmed in writing by the Company.
The Company may update these Terms from time to time.
The latest version made available by the Company shall apply to future quotations, work, Goods, and Services.
Continued instruction, acceptance, or use of Company Services after updated Terms are made available shall constitute acceptance of the updated Terms.
No amendment requested by the Client shall be binding unless accepted in writing by the Company.
The Company shall not be subject to any penalties, delay damages, liquidated damages, performance deductions, or similar claims unless such penalties are expressly agreed to in writing before commencement of the relevant work.
For penalties to apply, the written agreement must clearly state:
Penalties shall only be enforceable if all of the following conditions are met:
If any of the above conditions are not met, penalties shall automatically fall away and shall not be enforceable.
The Client is solely responsible for tracking any alleged penalty period.
The Client must provide clear, written, objective, verifiable evidence of:
The Client must notify the Company in writing immediately when penalties are alleged to start and immediately when they are alleged to stop.
On the same day the alleged penalty period stops, the Client must prepare a written document setting out the penalty period, calculation, reason, and evidence. This document must be signed by both parties.
No reliance may be placed on:
No penalties may be deducted from amounts due to the Company unless the Company expressly agrees in writing.
Any failure by the Client to comply strictly with this clause shall render the penalty claim invalid, unenforceable, and null and void.
Any ambiguity in the interpretation or application of penalties shall be interpreted in favour of the Company.
By accepting a quotation, issuing an instruction, granting site access, making payment, receiving Goods, or allowing work to proceed, the Client confirms that it has read, understood, and accepted these Terms and Conditions.
The Client further confirms that these Terms are clear, binding, and form part of every agreement with the Company.