Terms and conditions

 

  • These terms and conditions read together with the accepted quote shall be the sole agreement between the parties unless amendments are formally agreed in writing.

 

  • The Process:

  • A member of staff will confirm the position of the hole with the client/client representative who will be available at the agreed start date.

  • We will arrive on site to dig one or two large holes (approximately 1.5 x 1.5 x 1.5 meters) and/or a number of smaller ones- this is to accommodate the drilling mud that will be used during the process.

  • The drilling rig and the mud-pump will then be set up and positioned with all the necessary equipment.

  • The drilling process will commence and cannot be interrupted without incurring further costs- this may continue into the evening, and multiple days' work might be involved.

  • When it is established that the water table has been attained, or when the contracted depth has been achieved, the drill will be extracted.

  • PVC casings will be inserted into the ground to a level judged appropriate by the drilling operator.

  • It is possible that hard rock will be encountered during the drilling process.  In such cases the client has the choice of continuing with air percussion drilling with metal casings or amending the contract depth to the depth at which the rock was encountered.

  •  The prices exclude site cleaning and the reestablishment of walls, grass and/or garden etc unless specifically quoted. Drilling is a noisy, messy and destructive process to the garden. The long-term benefits will hopefully compensate for this.

  • The drilling contractor drills to an agreed depth and does not guarantee that water or any other specific substance will be found.

  • Unless otherwise agreed, the Client undertakes responsibility for the following

  • Be within constant reach by telephone during the drilling process and able to make decisions as issues arise.

  • Providing water for the drilling process (this might be up to 5 000 litres for a 50m borehole.)

  • Securing the site from children, other vulnerable people and the general public

  • Provide staff with ablution/toilet facilities

  • Providing a domestic use power supply

  • Test water before use and taking measures appropriate for use and fully indemnify the drilling contractor, proprietor and staff from any consequence of using the borehole water.

  • The client will provide a representative to attend a measuring of the depth reached immediately after the drilling process, following which an invoice will be issued and payment will be due on invoice.

  • The parties agree that drilling is an uncertain process that places particular demands on personnel and machines and that no party can give an accurate assessment of circumstances that will be encountered during the drill.  This might affect the start date, the speed of drilling or interrupt the drilling process. The quotation will make provision for the possibility of some tasks taking longer. In cases where the drilling process is interrupted the drilling operator can elect to return within three months to complete the borehole to the contracted depth. The following will apply in such cases where the drilling process is interrupted (for any reason other than that caused by the client:)

  • If the contractor does not complete the borehole to the contracted depth and the borehole is however still able to deliver 8000 litres of water or more over a 24 hour period then the client will pay according to the quotation, but with amounts indicated as per meter reduced according to depth reached.

  • If the borehole cannot deliver at least 8000 litres of water over a 24 hour period then the client has 30 days to ask for a full refund of the deposit.

  • Apart from the above all parties will bear their own cost and bear own losses whether directly incurred or otherwise.

  • Our terms and conditions state that we are not liable for any damage to property or injury or death to any person. The onus is on the client to advise the contractor of any services and existing infrastructures on the property.

  • Payment terms is cash and due on invoice. If payment is not received within 5 working days from invoice then interest will be charged at Standard Bank's prime rate plus 5 percentage points. R250 will be charged for each reminder or other related correspondence subsequent to the 5 day period.

  • The Client can, without giving reason, cancel the drilling contract up to 5 business days from the estimated start date and receive 50% of the deposit back.

  • If any part of the agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Where such offending part is deemed material by either party then the offending clause can be re-written subject to the arbitration process described below.

  • Both parties agree to binding arbitration in the event of a dispute. The following process will be followed:

  • The parties will, within seven days and by mutual agreement select an independent attorney who will act as arbiter, failing which the drilling contractor's attorney will act as arbiter

  • Any amounts invoiced by the drilling operator will be paid either to the drilling contractor or the attorney's trust account pending resolution.

  • The selected attorney will be presented with both cases and make a decision mindful of this agreement and the quotation, without having to give formal legal opinion.

  • The costs of the above process will be shared 50/50 and limited to two hour's attorney's time.

  • If either party is aggrieved by the arbiter’s decision then that party will bear full cost of the second arbitration stage below.

  • A panel consisting of the attorney above, a practicing or retired advocate and an independent drilling contractor will be appointed by mutual consent.

  • Both parties agree to abide by a majority decision of this panel. 

  • All formal correspondence will be confirmed by e-mail to the address info@h2up.co.za and the address used to send the quote to the customer. Decisions during the drilling process can be confirmed via SMS message.