Afristone Decorative Concrete cc Terms & Conditions

1. Interpretation

1.1 “The CC” shall mean Afristone Decorative Concrete CC;
1.2 “The client” shall mean the company, close corporation, partnership, trust, proprietor or individual utilizing the services of the CC.

2. THE PARTIES

The CC provides cement flooring and screeds, decorative and other, will only provide services subject to these terms
and conditions. The client acknowledges having read and understood these terms and conditions.

3. TERMS OF PAYMENT

3.1 The CC does not offer credit and all services are to be paid for in cash.

3.2 The Client shall be obliged to pay 60 % (sixty percent) of the quoted price before commencing with the work.

3.3 On completion of the substrate preparation, floor overlay and colour wash, if any, the client shall be obliged to pay
a further 30% (thirty percent) of the quoted price.

3.4 The final payment of 10% (ten percent) will be due on completion of the application of final wash, floor sealer,
and handover to client.

3.5 On large projects where the cost of materials on site high, the CC will indicate in the quotation, the amount which
must be paid to the supplier for materials on site including freight charges, in addition to the 60% deposit
before commencement of work.

3.6 The CC shall, without prejudice to any other right, be entitled to immediately suspend their services should the
Client be in breach of its obligations, until such time as the breach has been remedied. If the breach is non-
payment then the suspension of services will be until such time as payment is made in accordance with the agreed terms.

3.7 After the CC has completed the work, the client has five working days within which to list any snags or problems
in writing. If the client has failed to provide any written notice of defects or snags the he shall be deemed to
have accepted the workmanship and will have no claim whatsoever against the CC for damages for alleged
defective workmanship.

3.8 Any amounts not paid on due date shall incur interest at a rate of prime plus 5% and shall be calculated daily and
added monthly, at the end of the month calculated from due date to date of payment.

3.9 Should the CC deem it necessary to take legal action against the client, and subject to the interest at prime plus
5%, all legal costs will be for the client’s account on the scale as between attorney and own client and the
client indemnifies the CC in respect of all costs including collection commission.

4. OBLIGATIONS OF THE CLIENT

4.1 Before the commencement of the work, the client shall be obliged to finalize the colour choice and pattern by
signing the appropriate quotation form which will indicate his acceptance thereof. Any variations thereafter will
be charged for over and above the quoted price.

4.2 The client acknowledges that Texturecoat, Smoothcoat and/or screeds are hand applied and subject to colour
and texture variations on application and the client will therefore not be entitled to delay payment or fail to
make payment as a result of a variation in texture or colour.

4.3 The client acknowledges that machine straight lines are not always possible and as a result acknowledges that it
shall not be entitled to withhold payment as a result of the lines not being perfectly straight.

4.4 The client shall be obliged to clear the site at its own cost prior to the CC commencing to render their services.
Should the client insist that the CC clear the site then it shall do so at an additional cost which must be paid
together with the 50% deposit referred to in clause 3 above. Should any movables be damaged by the CC, the
Client acknowledges that it will have no claim against the CC even in the event of the CC’s employees or agents
being negligent.

4.5 For the duration of the project the client shall be obliged to ensure that the CC has unhindered access to-:

4.6 The CC will inform the client of the curing time of the product. If damage is caused to the floor as a result of
other contractors, the client or the client’s agent during the curing period, then the client shall be liable to pay the
CC to repair the damage. The client shall not be entitled to delay payment while the repairs are being effected
and the CC shall not be obliged to effect the repairs until such time as payment for the repairs has been made.

5. GENERAL

5.1 Every attempt shall be made by the CC to deliver the services timeously. However the client shall not be
entitled to cancel the agreement, deduct any amount from the contract price or hold the CC liable for damages
as a result of late delivery of the services.

5.2 The parties acknowledge that the CC has no control as to what happens in the substrate. The CC’s product is
bonded to the substrate, thus if the substrate cracks for any reason whatsoever, then it will crack through the
CC’s products. The client shall not be entitled to cancel the agreement, deduct any amount from the contract
price or hold the CC liable for damages as a result of cracks in the substrate.

5.3 Any claim by a client against the CC for damages for any reason whatsoever shall be limited to the cost to the
pro rata invoiced cost of the allegedly defective workmanship as a percentage of the whole project.
That notwithstanding, in the event of the client claiming damages from the CC from whatsoever nature arising, the
CC’s aggregate liability shall not exceed an amount equal to the invoiced cost of the specific order and shall
specifically exclude consequential loss or damages.

5.4 The client waives any possible claim which it may have against the CC over and above the invoiced cost of the
specific order and any claims for consequential loss or damages and the client hereby indemnifies the CC against
any such costs, damages, claims or expenses.

5.5 Any action or motion which may in any way arise out of these conditions or in respect of any services, shall be
brought at the CC’s sole election and discretion either in such division of the High Court of South Africa as is chosen
by the CC or in such magistrates Court as is chosen by the CC, in which latter case the client consents to
such jurisdiction in terms of section 46 read with section 48 of Act 32 of 1944 as amended.

5.6 Notwithstanding anything to the contrary contained herein, at the CC’s sole election, any dispute may be referred
To arbitration to be held at Johannesburg in a summary manner, that is, on the basis that it shall not be necessary
to observe or carry out the usual formalities or procedures (e.g. there shall not be any pleadings or discovery)
or the strict rules of evidence, immediately with a view of it being decided in accordance with the Arbitration Act no.42
of 1958 as amended, provided that the arbitrator shall be a counsel of not less than 10 years standing chosen by
the CC. The arbitrator‘s decision shall be final and binding on the parties and not capable, in the absence of
manifest error, to be referred to a review or appeal and shall be carried into effect and shall be capable of being
made an order of any Court of competent jurisdiction.

5.7 The CC reserves the right to revise the terms and conditions at any time without notice. Such changes will be posted
on the CC’s website (www.afristone.co.za) and shall be deemed to have been accepted by the client if the client
continues utilizing the services of the CC. The obligation therefore is on the client to review the terms and
conditions at regular intervals.

5.8 These terms and conditions as varied by the CC from time to time pursuant to clause 5.6 above, constitutes the
whole agreement between the parties. Save as specifically provided for in clause 5.6 above, no variation or amend-
ment of the terms and conditions contained herein shall be of any force or effect unless agreed to by the CC in
writing and signed by the CC’s duly authorized representative.

5.9 If any particular term or condition of these terms and conditions is found to be defective or unenforceable then
the remaining terms and conditions or part thereof shall continue to be of full force and effect.

6.0 The client chooses the street address as stipulated on the signed Quotation as its domicilium citandi et executandi
for purposes of service of all notices and processes and any other address in the Republic of South Africa as advised
to the CC in writing from time to time.

6.1 Formal signatures are not required to render this agreement valid.