Terms & Conditions

1. Commencement of Work

A valid Purchase Order (PO) or letter of appointment must be provided prior to commencement of any work, service, maintenance, inspection, or supply of equipment. All Purchase Orders must be authorised and signed by two duly authorised representatives of the Client.

2. Terms of Payment

Our terms of payment are on presentation of the invoice, unless otherwise stipulated.

2.1. Small Works Projects and Orders Below R20,000

For all work, services, maintenance, inspections, and equipment supply with a value below R20,000.00, payment in full is required prior to commencement of any work or supply of goods.

2.2. Small Works Projects and Other Orders Above R20,000

For all works, services, maintenance, inspections, and equipment supplied with a total value of R20,000.00 or more, the Client shall pay a deposit equal to 50% of the total quoted amount prior to the commencement of any work. The remaining balance shall be payable in full immediately upon completion of the works and presentation of the final invoice, and prior to the issuance of any Certificate of Completion, commissioning certificate, certificate of compliance, handover documentation, warranties, or the release of any project documentation.

Should the Client fail to settle any amount due within the prescribed payment period, First Fire reserves the right, without prejudice to any other rights or remedies available at law, to report such payment default to the relevant credit bureaus or credit reporting agencies. The Client hereby irrevocably consents to First Fire furnishing such information for the purpose of recording the Client's payment history and acknowledges that such reporting may adversely affect the Client's credit profile.

2.3. Contract Works Subject to Payment Certificates

Where First Fire performs work as a contractor or subcontractor under a main contract in respect of which payment certificates are issued, payment shall be made in accordance with the value of the works certified in the applicable payment certificate.

Unless expressly agreed otherwise in writing, certification of First Fire's work by the principal agent, engineer, project manager, or other duly authorised certifier shall constitute acceptance of the value of the works performed for payment purposes.

Upon receipt of the relevant payment certificate, First Fire shall issue a tax invoice for the certified amount. Unless otherwise agreed in writing, payment of the invoice shall be due immediately upon presentation.

3. Credit Facilities

Approval of any credit facility is not guaranteed and remains subject to First Fire's internal credit assessment and approval procedures.

4. Ownership of Goods

All goods supplied and installed remain the property of First Fire until paid for in full.

In the event of non-payment, First Fire reserves the right, without prejudice to any other rights or remedies available in law or under this agreement, to suspend services, revoke any certificates issued, and enter the Client's premises, upon reasonable notice where required by law, to remove and repossess any goods, equipment, materials, or products supplied and/or installed that remain unpaid. Any costs incurred by First Fire in exercising its right of repossession, including transportation, labour, storage, legal, and recovery costs, shall be for the Client's account.

5. Warranty and Guarantee

All workmanship and equipment is guaranteed for a period of twelve (12) months from the date of completion, fair wear and tear excepted. It is agreed that First Fire will not be liable for fair wear and tear of equipment, nor for any damage to equipment howsoever arising in connection with tampering, modification, or repair of the equipment by third parties.

6. Site Access and Work Area Requirements

This quotation is based on the assumption that First Fire will have uninterrupted access to the site, continuity of the works, and reasonably clear and unobstructed working areas. The Client shall ensure that all stock, equipment, furniture, valuables, and other movable items are removed from the work area prior to First Fire's arrival on site.

First Fire shall not be liable for any loss of or damage to property arising from the Client's failure to adequately clear or protect the work area before the commencement of the works.

Where work is carried out on an existing water-filled or live system, First Fire shall not be liable for any unforeseen water leakage, discharge, flooding, or consequential water damage arising during the execution of the works, except to the extent caused by the gross negligence or wilful misconduct of First Fire.

Should First Fire's access to the site or the progress of the works be delayed or interrupted due to circumstances beyond its reasonable control, including but not limited to restricted site access, the actions or omissions of the Client or third parties, or site conditions, First Fire reserves the right to claim an extension of time and recover any additional costs reasonably incurred as a result of such delay.

7. Structural Integrity and Indemnity

The Client warrants that the structure, building, or surface on which the equipment is to be installed is structurally sound and capable of safely supporting the equipment and any associated loads. The Client further indemnifies and holds First Fire, its directors, employees, and subcontractors harmless against any loss, damage, liability, claim, cost, or expense arising out of or in connection with the failure of the structure to safely support the equipment or any breach of this warranty.

8. Working Hours and Overtime

Unless otherwise stated in the applicable quotation, all quotations issued by First Fire are based on work being performed during normal business hours. Should overtime, weekend work, public holiday work, or work outside normal business hours be required for any reason not attributable to the negligence or default of First Fire, including at the Client's request or as a result of site constraints, delays, or the actions of third parties, the additional labour and associated costs shall constitute a variation to the contract and shall be payable by the Client.

9. Pricing Adjustments and Credit Assessment

All quotations issued by First Fire are based on the scope of work, quantities, site conditions, and programme available at the time of quotation. First Fire reserves the right to revise individual prices should the works not proceed simultaneously, be delayed, suspended, phased, or otherwise materially altered from the original programme or scope.

Unless expressly stated otherwise in the applicable quotation, prices are based on the exchange rates, supplier pricing, freight charges, import duties, taxes, and other costs applicable on the date the quotation is issued. Any increases in these costs, or any other circumstances beyond the reasonable control of First Fire, may result in a corresponding adjustment to the contract price.

First Fire further reserves the right to adjust its pricing where there are changes to the scope of work, quantities, specifications, applicable legislation, regulatory requirements, or where additional works or variations are requested by the Client.

First-time Clients and Clients applying for credit facilities may be subject to a credit assessment. Should the outcome of such assessment not meet First Fire's credit requirements, First Fire reserves the right to refuse the credit application, amend the approved credit limit or payment terms, require additional security, or require full or partial payment prior to the commencement or continuation of the works, without incurring any liability.

10. Utilities and Excluded Items

Unless expressly stated otherwise in the applicable quotation, all water, electricity, and other utilities required for the execution and completion of the works shall be provided by the Client at the Client's cost.

Unless specifically included in the applicable quotation, no allowance has been made for extraordinary supports, brackets, structural modifications, in-rack back-to-back ties, additional steelwork, builder's work, civil works, core drilling, making good, or any other ancillary works not expressly described in the quotation. Should any such items or works be required, they shall constitute a variation to the contract and shall be quoted for and charged separately.

11. Exclusion of Consequential Damages

Except as expressly prohibited by law, in no event will either party be liable for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue; or any incidental, indirect, consequential, special, punitive, or exemplary damages arising out of or in connection with these terms and conditions and the goods and/or services provided.

12. Limitation of Liability

Notwithstanding anything contained herein, our cumulative liability for all claims arising out of or in connection with these terms and conditions and the goods and/or services provided in terms hereof, regardless of the nature of the claim, shall in no event exceed the amounts paid by you in respect of the invoice related to such claim. This limitation of liability shall apply whether or not any other provision has been breached, proven ineffective, or failed of its essential purpose.

13. Force Majeure

In the event of any circumstances arising, or action taken, beyond or outside the reasonable control of either party preventing the performance of any obligation under this agreement ("Force Majeure"), the affected party shall be relieved of its obligations during the period that such Force Majeure continues (excluding payment obligations for materials purchased), but only to the extent so prevented.

The affected party shall provide written notice of the Force Majeure event as soon as reasonably possible and shall provide prompt written notice when the event has ended.

Should the Force Majeure event continue for more than sixty (60) days, either party shall be entitled to cancel this agreement. Neither party shall be liable for any loss suffered by the other as a result of the Force Majeure event.

14. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the Magistrate's Court in respect of any dispute arising from these terms, notwithstanding that the amount in dispute may otherwise exceed that court's jurisdiction.

15. Notices and Domicilium

The parties choose the physical and email addresses recorded in this Customer Onboarding Form as their domicilium citandi et executandi for the purpose of giving notices and serving legal process. A notice sent by email shall be deemed received on the date of transmission, unless the sender receives notification that delivery failed.

16. Confidentiality

Each party shall keep confidential all proprietary or commercially sensitive information disclosed by the other party in connection with these terms and shall not disclose it to any third party without the prior written consent of the disclosing party, except where disclosure is required by law.

17. Severability

Should any provision of these terms and conditions be found invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

18. Variation

No addition to, variation of, or agreed cancellation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by duly authorised representatives of both parties.

19. Cancellation by Client

Should the Client wish to cancel a confirmed order or accepted quotation, First Fire reserves the right to recover any costs already incurred — including materials ordered, work performed, and a reasonable cancellation charge — prior to accepting such cancellation.

20. Entire Agreement

We shall not be bound by, and you shall not have, any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise, or the like not included or recorded in this document, whether it induced the contract and/or whether it was negligent or not.