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STANDARD TERMS AND CONDITIONS

1. Definitions

In these Standard Terms and Conditions, unless the context indicates otherwise:

  • “DART” means Dart Ventures (Pty) Ltd or any of its appointed representatives.
  • “Client” means the entity or individual to whom the quotation is issued and/or who enters into a contractual agreement with DART.
  • “Project Site” refers to the physical location where work is to be performed.
  • “Equipment” includes all machinery, tools, vehicles, dredgers, boats, excavators, or apparatus provided by DART for the execution of the works.
  • “Standby” refers to idle time caused by delays beyond DART’s control.
  • “Force Majeure” refers to events beyond the reasonable control of either party, including but not limited to natural disasters, pandemics, strikes, or acts of government.
  • “Work” or “Services” includes all activities undertaken by DART as per the project scope.
  • “Scope Change” means a material deviation (increase or decrease) of more than 10% in the original project specifications.
  • “Free-Issue Items” are items or services to be provided by the Client at no cost to DART, as specified in the quotation.
2. Working Hours

Unless otherwise agreed in writing, DART’s standard working hours are 9 hours per day, Monday to Friday, excluding public holidays.

3. Scope Changes

Should the project scope increase or decrease by more than 10% (measured in time, material quantities, or project value) after commencement, DART reserves the right to revise the contract pricing accordingly.

4. Equipment Hire

Equipment is deemed "on hire" from the time of arrival at the project site until its departure, regardless of usage.

5. Standby Time

5.1 Standby rates apply when delays occur due to causes beyond DART’s control.

5.2 The standby rate shall be the greater of:

  • 70% of the standard quoted rate; or
  • Actual cost plus 25%.
    (All amounts exclude VAT.)

5.3 Standby conditions include, but are not limited to:

  • Unavailability of fuel, water, or power.
  • Client-requested work stoppages.
  • Delayed inspections or instructions.
  • Lack of access or permits not attributable to DART.
  • Failure to provide Free-Issue Items, such as cranes or booster pumps.
  • Blockages exceeding 5% of allowed operational time.
6. Fuel, Power & Utilities

Unless expressly stated otherwise, all fuel, electricity, and water are excluded from the quoted rates and must be supplied by the Client.

7. Client Authorizations

The Client is responsible for obtaining all necessary permits, licenses, and statutory approvals. DART shall be indemnified against any costs, delays, or liabilities resulting from non-compliance.

8. Equipment Modifications & Inspections

Any required modifications to DART’s equipment for the project are for the Client’s account. The Client may inspect the equipment at DART’s premises by prior arrangement.

9. Permits Prior to Mobilization

The Client must ensure that all relevant site and operational permits are in place prior to DART’s mobilization. Delays caused by non-compliance shall result in additional charges.

10. Design Responsibility

Unless explicitly agreed in writing, DART accepts no responsibility for project design or any design-related failures.

11. Fuel or Electricity Price Fluctuations

In the event of material fluctuations in fuel or electricity prices after the quotation date, DART reserves the right to adjust invoice charges accordingly.

12. Damage from Foreign Objects

The Client is liable for damage caused to equipment due to foreign materials, obstructions, or adverse site conditions, including associated downtime.

13. Document Precedence

In the event of a conflict between these Terms and any quotation, these Terms shall prevail.

14. Consequential Damages

DART shall not be liable for any indirect, incidental, or consequential damages, including loss of profit or opportunity.

15. Indemnity

The Client indemnifies DART against all losses, damages, or claims arising from:

  • Acts of war, terrorism, strikes, or civil unrest.
  • Natural disasters, radiation, or sonic disturbances.
  • Environmental spills or liner damage.
  • Health and safety incidents.
  • Site-specific access constraints, designs, or instructions provided by the Client.
16. Breach and Termination

If either party breaches this agreement and fails to rectify the breach within 7 calendar days of receiving written notice, the non-defaulting party may terminate the agreement with immediate effect.

17. Insolvency

If either party is placed under business rescue, liquidation, or similar proceedings, the other party may terminate the agreement immediately and without penalty.

18. Termination Fee

Upon early termination (for any reason), DART shall be entitled to:

  • Payment for all work completed to date.
  • Reimbursement for procured and delivered materials.
  • Repatriation and demobilization costs.
  • Liquidated damages equal to 30% of the value of unexecuted work.
19. Limitation of Liability

DART’s total liability is limited to 0% of the contract value. DART shall not be liable for any indirect or consequential loss.

20. Insurance

Each party shall maintain its own adequate insurance coverage unless agreed otherwise in writing.

21. Payment Terms

All invoices are payable within 30 days of invoice date. All prices exclude VAT unless explicitly stated otherwise.

22. Credit & Reporting Consent

The Client consents to DART conducting credit and behavioural reference checks and reporting payment conduct to registered credit bureaus.

23. POPIA Compliance

Both parties shall comply with the Protection of Personal Information Act (POPIA) and ensure the lawful, secure processing of all personal data.

24. Craneage

If the Client undertakes to provide a crane and fails to do so, DART may arrange one at the Client’s expense, plus a 15% handling fee.

25. Material Properties

DART is not liable for delays or cost overruns arising from unforeseen or misrepresented site conditions, including materials differing from those disclosed.

26. Equipment Availability

All offers are subject to equipment availability at the time of order placement.

27. Intellectual Property

All documents, drawings, calculations, and records created by DART remain its intellectual property. All Client-supplied materials remain the Client’s property.

28. Exclusions

Unless otherwise stated in writing, the following are excluded from quotations:

  • Cranes
  • Booster pumps
  • Pipelines
  • Surveys
  • Fuel and electricity
  • Security
  • Disposal of removed material
  • Site preparation (e.g., liners, sumps)
29. Equipment Removal and Site Access

29.1 Upon project completion or valid termination, DART may remove its equipment from the site without delay.

29.2 The Client shall not obstruct or delay such removal.

29.3 If the Client unreasonably delays equipment removal by more than 48 hours after written notice, the Client shall be liable for:

  • Continued hire at 150% of the standard daily rate;
  • All costs incurred by DART in recovering the equipment, including transport, legal, and enforcement costs;
  • Loss of income from deployment delays.

29.4 DART may obtain an urgent interdict or court order for access and removal at the Client’s cost. This right does not preclude DART from claiming additional damages.