Studio Merkmann
Trading Terms and Conditions of Sale

1. Definitions

1.1: Contract of Sale: the accepted written quotation along with these stipulated terms
and conditions of sale as issued by the Seller and signed by both parties
1.2 CPA: means Consumer Protection Act. 68 of 2008
1.3 Delivery date: date at which the Seller will deliver the goods (in their entirety or in
batches as necessary) to the premises of the Buyer
1.4. Design changes: a reworking of design appearance, functionality, scope or materials
1.5. Design fee: fee charged for the compilation of the design portfolio
1.6. Design overview: presentation of design concept, purposed to convey only the look and
feel of the intended design.
1.7. Design portfolio: Collation of design renders, layout documents, reference
images and material and finishing rosters.
1.8. Finish: treatment applied to protect and enhance the Goods
1.9. Hardware and accessories: auxiliary components, not produced by the Seller,
added to the goods to provide functionality or aesthetic appeal respectively
1.10. His: serves as a generic pronoun denoting no particular gender.
1.11. Installation: the physical placing and fixing of the goods and services as per the
specified layout
1.12. Layout: general orientation and positioning of the goods
1.13. Prime rate: base rate of commercial borrowing as published by the Seller’s bank
1.14. Purchase price: the full cost of the goods, inclusive of VAT, as reflected on the Seller’s
quotation plus any supplementary charges or fees and any other relevant statutory
1.15. Snag list: list of imperfections or incomplete facets of installation
1.16. The Buyer: the purchaser of the goods and services under the Contract of Sale
1.17. The Goods: the goods and services provided by the Seller under the Contract of
1.18. The parties: the Buyer and the Seller
1.19. Working days: Monday through Friday excluding public holidays

2. Quotation

2.1 On acceptance of the design overview and quote estimate presented by the
Seller, the Buyer shall be obliged to pay a “design fee” equal to approximately
5% of the estimated project value.
2.1.1. This fee shall secure the Seller’s service in preparing a comprehensive
design portfolio and quotation for the Buyer.
2.1.2. On presentation, by the Seller of the design portfolio, the Buyer shall be
entitled to two rounds of design changes, thereafter the Seller shall
charge the Buyer for changes at a rate equal to the attendances of the
appointed designer. The Seller shall be obliged to inform the Buyer of the
appointed designers charge rate prior to commencement of any charged
2.1.3. Should the client accept the quotation this fee will be set as a credit
against the Buyer’s account. The design fee will not be refunded in the
event that the Buyer chooses not to accept the quotation.
2.2. Should the Buyer not accept the Seller’s quotation, but wishes to retain the
design portfolio presented by the Seller, the client shall be obliged to pay a
“release fee” equal to 10% of the quotation value.
2.3. The issue of a quotation by the Seller shall serve as an invitation to the Buyer to
2.4. The quotation is subject to withdrawal by the Seller until such time as the Buyer’s
deposit, contemplated in 4.1.2, has cleared in the Seller’s bank account.
2.5. The quotation is valid for 30 days from date of first presentation.
2.6. Should the project be delayed through no fault of the Seller, for a period longer
than 6 months, the Seller reserves the right to adjust the quotation to account for
any changes in supply costs that may have occurred.

3. Job specifications and design

3.1. Acceptance, by the Buyer, of the Seller’s quotation serves as confirmation of full
understanding of and agreement to:
3.1.1. design and layout of the Goods
3.1.2. finishes and materials used to construct the Goods
3.1.3. limitations of said finishes and materials
3.2. Further, on acceptance of quotation, the design and specification becomes final
and the Seller shoulders no obligation to accept further changes. Any variation
from the quoted design specification shall only be accepted by the Seller on the
following basis:
3.2.1. Changes will be subject to additional cost at the Seller’s sole discretion.
3.2.2. The Seller reserves the right to adjust the delivery date of the Goods.
3.2.3. The Seller may at its sole discretion reject changes if production has
already commenced.

4. Payment and fees

4.1.The Buyer agrees to the following payment terms:
4.1.1. design fee of 5% of approximate job value as contemplated in 2.1
deposit equal to 65% of total Goods value (net of design fee), due on
acceptance of quotation
4.1.3. progress payment equal to 30% of total Goods value, due on
commencement first day of installation.
4.1.4. Final payment equal to 5% of total Goods value or outstanding balance
on completion of installation and fulfilment of the snagging process
contemplated in 7.7 below
4.1.5. In the event that no installation is required, as with free standing furniture
items, full payment of the final 40% is due on delivery of the Goods.
4.2. The Buyer agrees to the following fees and charges
4.2.1. as contemplated in 2.2, the Buyer shall pay a release fee equal to 10% of
the value of the Goods should he wish for the Seller to release the design
portfolio. This fee shall be waived in the event that the Buyer accepts the
Seller’s quotation.
4.2.2. a storage fee for the Goods contemplated in 7.3.1 below
4.2.3. interest charged on late payments as contemplated in 5.3 below.
4.2.4. a collection charge in the event of non-payment or dispute at the rate of
10% of the outstanding balance as contemplated in 10.2.

5. Late payment and cancellation

5.1 The Goods contemplated in this contract of sale constitute “special order goods”
in terms of the CPA. As such, in terms of section 17 of the CPA, the Buyer
requires written consent from the Seller to cancel any Goods order.
5.1.1. Should the Seller consent to cancellation, the Buyer shall: forfeit any costs that the Seller has incurred up to the point of
cancellation with respect to the design and production of the
Goods. be liable to pay a reasonable “cancellation fee” equal to 10% of
the total value of the Goods.
5.2. In the event of cancellation of the agreement whether by reason of non-payment
or by reason of any other breach, the Seller shall, without incurring any liabilities
whatsoever be entitled to:
5.2.1. retake possession of the Goods
5.2.2. retain all payments made and claim all payments due at the time of
5.2.3. claim damages in lieu of the aforegoing
5.3. Interest shall be charged at a rate of the prime rate of lending charged at the
Seller’s bank plus 4% compounded monthly, where a late payment is defined as
any payment not received within 5 business days of the payment dates set out in 4.1
5.3.1 In the event that interest is due, any payment shall first be apportioned to
interest cost before being applied to the capital amount.

6. Extension of credit and suretyship

6.1. The Buyer hereby authorises the Seller or his appointed agent to perform credit
checks and access any information necessary for the making of decisions
pertaining to the granting of credit.
6.2. In the event that the Buyer is entering into the agreement on behalf of a legal or
natural person other than himself, then the Buyer hereby warrants his authority to
do so and binds himself as surety and co-debtor.

7. Delivery and installation

7.1 On acceptance of the Seller’s quotation, the Seller and Buyer shall agree to a
delivery date which will apply to the delivery of the Goods and commencement of
applicable installation:
7.2 The Seller may, inform the Buyer of delays in delivery not less than 5 workingbusiness
days prior to the agreed delivery date. Any such notification must be reduced to
writing by the Seller and shall entitle the Buyer to no prejudicial action against the
Sseller so long as the delay arises from any of the following causes:
7.2.1. supplier delays
7.2.2. serious and unforeseen impediments to production
7.2.3. strike action
7.2.4. civil unrest
7.3 Any postponement of the agreed installation date by the Buyer must be reduced
to writing, with verbal notification to be of no force or effect. Should the Buyer
postpone the agreed installation date by more than 10 working days the Seller
may, at its sole discretion:
7.3.1. levy a “storage fee” the storage fee will be set at a rate equal to the rate charged by
the nearest storage facility to the Seller’s premises . the storage fee will be applied to the total area of the footprint of
the Goods
7.3.2. dictate a new delivery date that falls within a three month window of the
original delivery date.
7.3.3. The Seller may at its sole discretion deem the delivery date to be
postponed under the following conditions: verbal or written postponement from the Buyer or his representative access to the Buyer’s premises by the Seller or it’s
representatives is restricted the area is not sufficiently prepared or protected for installation of
the Goods the positioning of services is not in accordance with the plumbing
and electrical layout provided to the Seller during design. spaces prepared for the Goods deviate from provided plans
7.3.4. In the event that the delivery is delayed for any of the reasons given in through above, the Seller is: under no obligation to commence installation shall not be eligible for penalties of any kind for late delivery
7.4 The Seller shall be under no obligation to accommodate any variance from
building plan that is greater than 1% from the stipulated specification.
7.4.1. In the event of such a variance, the Seller may at its sole discretion levy a
fee against the Buyer that is equal to the attendance of the Seller in
modifying, redesigning or remaking the Goods.
7.5. The Buyer shall have no claim of any nature whatsoever and howsoever arising
against the Seller for any loss, damage or injury which the Buyer may directly or
indirectly sustain in consequence of delivery and installation of the Goods, not
precluding gross negligence buy the Seller.
7.6. The Seller accepts no liability for drilling into buried services including but not
limited to water, electrical, gas, telecommunication and IT services.
7.7. On notification of completion of installation the purchaser Buyer may inspect all work
and prepare a snag list for the benefit of the Seller. Upon receipt of the snag list
from the Buyer, the Seller shall address snags within 10 working days. When
snagging is complete, the Buyer may inspect the Goods once more to ensure
that snagging has been completed. If any snags have not yet been addressed
the Seller shall address them immediately. The Buyer may not introduce any new
snags not on the original list at this point except for latent defects and should 
the workmanship of the Seller not be to the satisfaction of the Seller.
7.7.1. The following shall not constitute legitimate snags: Damage to the Goods caused by anyone other than the Seller or
those for whom the Seller is responsible. This includes but is not
limited to damage to hardware and materials caused by exposure
to dust, water or any other element. The Seller cannot be held responsible for variations in grain,
colour, or pattern in natural materials such as timber or natural
board products. Moderate bowing or movement of timber. Although this occurs
due to the fact that timber is a natural and non-uniform product,
the Seller shall take every care to construct in a way that mitigates
potential movement. Any aesthetic or functional element that has been built to
specification as per the designs signed off by the Buyer. Inconsistencies or inaccuracies in existing structures and the
visual impact that they may have on the Goods.

8. Transfer of risk and ownership

8.1 Risk of the Goods sold shall pass to the Buyer immediately upon delivery of the
Goods and he shall be liable for any loss or damage to the Goods of any nature
whatsoever and howsoever arising with the exception of damage to the Goods
caused by the Seller or those for whom the Seller is responsible.
8.2. Notwithstanding 8.1 above or arising by operation of law, ownership of the Goods
shall remain with the Seller until the full purchase price has been paid by the
Buyer to the Seller.
8.3. The Buyer acknowledges that any subsequent delivery of the Goods and transfer
of possession thereof to a third party, shall not, in any manner whatsoever,
deprive the Seller of the ownership of the said Goods until the full purchase price
thereof has been paid.

9. Guarantees

9.1. The Seller offers a ten year limited warranty on materials and workmanship. This
warranty is void in the event of improper care of the Goods or any modification or
repair attempted by the Buyer in his own capacity.
9.2. The following limitations apply to the warranty contemplated in 9.1:
9.2.1. damage due to wear and tear
9.2.2. damage caused by damp, temperature extremes or element exposure
unless the Goods have been expressly designed to withstand any of
these factors.
9.2.3. variations caused by the natural properties of wood or any other natural
9.2.4. any experimental materials or construction methodology used at the
Buyer’s express request.
9.3 All hardware and accessories used are only subject to guarantees provided by
the hardware or accessory manufacturer.
9.4 The Buyer shall be responsible for saving any warranties and provisions provided
with the Goods

10. Proper law

10.1. The Buyer hereby consents to the Jurisdiction of the Magistrates Court in terms
of Section 45(1) of the Magistrate's Court Act. 32 of 1944 as amended, which in
terms of Section 28 (1) of the said Act has jurisdiction in respect of any action or
proceeding which the Seller may institute against the Buyer arising out of or in
connection with this agreement notwithstanding that the action or proceeding in
question is otherwise beyond the ordinary jurisdiction of such Court.
10.2. If in consequence of Buyer default in fulfilling any of the terms and conditions of
this agreement, the Seller instructs its attorneys to make demand and/or institute
legal proceedings against the Buyer for such relief as the Seller is entitled to
under this Agreement, the Buyer shall in either event be responsible for and shall
on demand pay all legal costs and disbursements so incurred including
particularly collection charges at the rate of 10% and costs as between Attorney
and Client.
10.3. The Buyer hereby chooses domiciIium citandi et executandi for all purposes
hereunder at the address of the Buyer on the face of the Studio Merkmann
invoice document.
10.4. This agreement constitutes the entire agreement between the Parties and no
agreement at variance with the terms and conditions hereof shall be binding on
the Seller unless reduced to writing and signed by the Parties.
10.5. No extension of time, concession, relaxation or any other indulgence granted by
the Seller to the Buyer in respect of any of the terms and conditions hereof shall
be deemed in any way to effect prejudice or derogate from the rights of the Seller
under this agreement in any respect, nor shall it in any way be regarded as
waiver of any rights hereunder, a novation of the terms and conditions hereof or
operate an estoppel against the Seller.
10.6. In the event of a dispute between the Parties as to any of the terms and
conditions of this agreement or as to any alleged defects in the Goods or the
installation thereof the Buyer shall on no account be entitled to withhold payment
of the purchase price or portion thereof which shall be paid over to the Seller in
accordance with the payment schedule contemplated in paragraph 4. In the
event of said dispute, such dispute shall be determined expeditiously by the
Parties, by means of an appointment of a single arbitrator who shall be appointed
by both parties and failing agreement by the President at the time of the Master
Builder’s Association (Western Cape). Arbitration rules shall be the Restricted
Representation Arbitration Rules recommended and published by the
Association of Arbitrators (Southern Africa) at the time the dispute arises. In the
event of the said arbitrator ruling that the said Goods and/or the installation
thereof are indeed defective, the Buyer shall on no account be entitled to cancel
this agreement but the Seller shall forthwith replace and/or repair the Goods and
remedy the defective workmanship in the installation thereof.

Why choose StudioMerkmann 

No matter what your design needs are, we can create a custom solution that's perfect for you.

Precision Craftsmanship

At Studiomerkmann, quality is our top priority. I combine years of experience with modern production methods to create the perfect kitchen for our customers.

Innovation Designs

If you're looking for a kitchen that is both stylish and functional, Studiomerkmann is the perfect choice for you.

Ahead of the Times

We pride ourselves on our quality craftsmanship and attention to detail, so you can rest assured that your new kitchen will be both beautiful and durable.

Unique Pieces in Space

The idea of connected cabinets and functional interiors defined the forerunner of later fitted kitchens

The German Craftsman

innovation, design, and sophistication
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