1. PARTIES & RECITALS
This Sales and Erection Agreement is entered into between La Cock Signature Homes (Pty) Ltd, Registration No. 2024/XXXXXX/07, having its principal operational place of business at 8 Ferox Street, Aloe Park, Albertinia, Western Cape, 6695 ("the Seller"), and the individual or legal entity designated in Section 1 herein ("the Purchaser").
2. SCOPE OF SUPPLY & STRUCTURAL SPECIFICATIONS
The Seller agrees to manufacture, supply, and erect on-site the designated SmartSpace Modular Unit referenced in Schedule A. The unit shall be built using cold-formed galvanised Light Steel Frame (LSF) elements in accordance with SANS 517 engineering guidelines, with composite insulated exterior cladding panels, Colorplus roofing profiles, and heavy-duty industrial door systems.
3. CONTRACT PRICE & MILESTONE PAYMENT SCHEDULE
The Purchaser agrees to pay the Contract Total Price specified in Schedule A according to the following strict construction milestones:
- Milestone 1 (50% Deposit): Payable immediately upon signature of this Agreement to secure material procurement, cold-formed steel fabrication, and delivery scheduling.
- Milestone 2 (40% Progress Payment): Payable upon delivery of component packs to the Purchaser's site and completion of structural steel framing and roof sheeting erection.
- Milestone 3 (10% Final Handover Payment): Payable upon practical completion, snag clearance, and joint sign-off handover.
4. SITE CONDITIONS & ACCESS REQUIREMENTS
The Purchaser warrants that the installation site is cleared of vegetation, rocks, and debris, reasonably level (within 100mm tolerance over the footprint area), and that clear pedestrian access (minimum 900mm width) is accessible from the offload point. The Purchaser shall provide access to single-phase 220V electricity and potable water for assembly operations.
5. TIMELINE & PRACTICAL COMPLETION
Fabrication and on-site assembly shall commence within 10 (ten) to 15 (fifteen) business days following receipt of the Milestone 1 Deposit and site readiness confirmation. On-site erection typically spans 2 to 5 business days, subject to force majeure, extreme weather, and municipal access permissions.
6. STRUCTURAL WARRANTIES & GUARANTEES
The Seller provides a 5 (five) Year Structural Warranty on the Light Steel Frame core and primary chassis against material degradation, corrosion, and structural failure. Hardware, locks, and door seals carry a standard 1 (one) year manufacturer defect warranty. Units are approved for sensitive environmental estates and eco-developments.
7. OWNERSHIP, TITLE & RISK
Risk of loss in the unit passes to the Purchaser upon practical completion. Ownership and title in all materials and equipment remain vested in La Cock Signature Homes until the Contract Price has been paid in full.
8. CANCELLATION & DISPUTE RESOLUTION
In accordance with the South African Consumer Protection Act (CPA), cancellation by the Purchaser after fabrication commencement is subject to a reasonable cancellation charge covering customized cold-formed steel materials and labor expended. Any dispute shall be submitted to mediation under the Arbitration Foundation of Southern Africa (AFSA).
9. ELECTRONIC COMMUNICATIONS & TRANSACTIONS ACT (ECTA)
In terms of Section 13 of the Electronic Communications and Transactions Act 25 of 2002, the parties expressly agree that executing this contract via electronic signature constitutes a valid, binding, and enforceable original signature in South African law.
