TERMS OF USE

CONTINUA TERMS AND CONDITIONS OF SALE

Front of House – Sales, Design Support & Client Experience

1. PURPOSE

The purpose of this document is to establish the legally binding Terms & Conditions governing all sales, quotations, product supply, design services, templating, fabrication, delivery, and installation work provided by Continua Surfaces (Pty) Ltd (“Continua”).

This document ensures:

Clear expectations between Continua and the Client
ISO9001:2015 alignment by defining responsibilities, requirements, and processes
Consistency, fairness, and transparency
Legal protection for both parties
Risk management relating to timelines, site readiness, workmanship, materials, and external factors, including but not limited to the lead times of other trades and their installation dates (e.g., joinery, lighting, plumbing).

Acceptance of a quotation, payment of a deposit, or signature of any documentation referencing these Terms constitutes full acceptance of these Terms & Conditions.

2. SCOPE

These Terms & Conditions apply to all sales and services, including:

Supply Only
Supply & Fit
Design, Supply & Fit
Services – Cleaning & Sealing
Services - Snags
Tiles, Slabs, Fabrication, Installation

These Terms override any Client-provided terms unless agreed to in writing by an authorised Continua representative.

3. DEFINITIONS

“Continua” means Continua Surfaces (Pty) Ltd.
“Client” refers to any purchaser of goods or services from Continua.
“Goods” refers to all slabs, tiles, materials, products, and accessories supplied by Continua.
“Services” refers to design, templating, fabrication, delivery, installation, and related work.
“Order” refers to the accepted quotation and agreed scope.
“Special Order Goods” include any non-stock, custom-made, or cut-to-size items.
“Consumables” means adhesive, grout, sealants, silicone, fixing compounds, screws, anchors, abrasives, and any other installation or fabrication materials that are depleted through use and are not intended to form a permanent part of the finished product.
“Scope Creep” means any increase, change, or addition to the agreed Scope of Work, whether requested by the client or caused by changing site conditions, which was not included in the accepted quotation and may impact cost, timelines, and delivery.

“Errors and Omissions” means any mistake, omission, inaccurate detail, incorrect measurement, or incomplete information in the drawings, specifications, or instructions supplied by the Client or third parties. Continua accepts no responsibility for Errors and Omissions in information not provided directly by Continua, and reserves the right to re-quote, adjust timelines, or charge for additional work required as a result.”

4. QUOTATIONS & PRICING

Quotations are valid for 14 days, unless otherwise stated.
Pricing may change due to supplier increases, fluctuations in exchange rates, or material availability.
All quotations are subject to stock availability at time of order processing.
Additional work arising from hidden site conditions, incorrect measurements provided at quoting phase by designer (for example), or post-approval changes is chargeable.
Prices exclude plumbing, electrical work, building alterations, waterproofing, removal of existing installations, hoisting equipment, joinery build-ups, steel substrates / support plates (unless indicated on the quote), travel and accommodation for sites further than 150km from Cape Town Central.

Design, Admin & Pre-Production Costs

Design work, site assessments, templating preparation, drawings, BOQs, optimisation, or administrative work performed prior to cancellation are fully billable.
These costs will be deducted from the deposit before any refund is considered.

5. PAYMENT TERMS

Either a deposit or full payment is required to proceed with an order:

Supply Only - 100%
Supply and Fit - 90%
Furniture - 100%

Ownership of Goods remains with Continua until full payment is received.
Late payments attract interest at the maximum rate allowed by law.
Credit accounts must comply with agreed limits and settlement terms.
Continua may suspend work where payment is outstanding.

Deposit Deductions (Cancellations)

If an order is cancelled, Continua will deduct:

Design fees
Drafting fees
BOQ and optimisation work
Site visits
Material allocation fees
Handling and admin fees
Work already completed

Only the remaining balance (if any) will be refunded.

25% Handling Fee applied to cancellation of materials
Delivery Charge should stock be uplifted by Continua
On custom import orders, no refund is applicable

Refunds will be authorised after inspection of returned or uplifted stock.

6. OWNERSHIP & PASSING OF RISK

Risk transfers to the Client upon signed sign-off sheet, delivery note, collection, or installation, whichever occurs first.
Ownership transfers after full payment.
Continua is not responsible for damage, theft, or loss after delivery or installation.

7. DELIVERY, ACCESS & COLLECTION

Delivery and installation dates are estimates only, not guaranteed deadlines.
The Client must ensure safe, adequate access for delivery and installation teams.
Restricted or unsafe access may incur extra costs or prolonged installation.
Continua cannot be held liable for unavoidable damage in restricted-access conditions.
When goods are collected by the Client, Continua is not liable for damage thereafter.

Due Dates & Timeline Extensions

Continual dates are approximate estimates and not binding.
Continua is not liable for delays caused by:

Site not ready
Other contractors / trades
Incorrect or shifting measurements
Weather
Transport delays
Loadshedding
Supplier issues

Client change
Machinery breakdown

Timelines automatically extend by the length of the delay plus reasonable rescheduling time.
If templating or installation fails due to unreadiness, call-out or rescheduling fees may apply.

8. MATERIAL CHARACTERISTICS & ACCEPTABLE TOLERANCES

Natural stone, porcelain, and engineered surfaces inherently vary in colour, grain, veining, and structure.
Samples are indicative only.
Batch variations are industry standard.
Continua works within acceptable SANS tolerances, which may include:

Slight bowing
Joint width variance
Minimal lippage
Surface Treatments e.g., honing, sandblasting and anti-slip treatment.

9. VIEWING, ACCEPTANCE & APPROVALS

Clients are encouraged to view slabs; failure to do so constitutes acceptance.
All drawings must be approved in writing before production.
Changes after approval pause fabrication and may incur variation charges and delays in installation.
Any repeated changes will be considered scope creep.
Scope creep is chargeable and may extend timelines.

10. TEMPLATE, FABRICATION & INSTALLATION TERMS

Template dates depend on full site readiness. The Client or an authorised representative must be present during templating. If no representative is available, Continua accepts no responsibility for any measurement discrepancies, cutting errors, or resulting costs.
Continua determines joint and seam placement based on safety, optimisation, and alignment with joinery carcasses. Joints will be discussed on site; however, Continua may adjust joint positions at its discretion for optimal slab usage. Client sign-off is required before production begins. Any delay in sign-off may delay fabrication and installation.
Cut-outs weaken materials; cracking risk remains if stress is introduced onsite.
Other trades may not climb, stand, or place items on counters.
Additional trips due to unreadiness are billable.
Any request outside the accepted quotation constitutes scope creep.
Variations due to unforeseen site conditions will be invoiced.
Should areas share a slab, we will only cut once all templates have been taken and sign-off has been received.
Manufacturing and Installation of client’s own material is done at client’s own risk.

Where the Client supplies their own slabs, tiles, sinks, appliances, or hardware, Continua accepts no responsibility for breakages, defects, or incompatibility.
Continua does not warrant the performance, quality, or suitability of Client-supplied items.
Any additional labour, tooling, or fabrication steps required to use Client-supplied materials will be billed separately.

Final measurements will be taken after installation of the cupboards. Should material requirements change due to actual dimensions differing from the original drawings, a revised order will be prepared and must be signed by the Client before work proceeds.

All appliances must be on site at the time of templating. Should the Client fail to provide any item requiring a cut-out (such as sinks, hobs, prep bowls, basins, taps, or power docks), a call-out fee of R1,200.00 excl. VAT will be charged and the templating appointment rescheduled. This will result in a delay to the installation date.”.

The Client or their authorised representative must be available to inspect the installation upon completion, or within 24 hours thereafter. Any issues, including chips, cracks, stains, or snags, must be reported within this 24-hour period. Continua will not be held liable for defects or concerns reported after this timeframe.

11. CLIENT RESPONSIBILITIES

The Client must ensure:

A clean, accessible, and safe site
All cabinetry is installed, level, and secured (images provided prior to confirming template booking)
Plumbing and electrical points are correct
Appliances are onsite for measurement
Adequate water, electricity and lighting.
Protection of installed surfaces
Timely approvals in writing

Failure to comply will cause delays and may incur additional fees.

12. WARRANTIES & WARRANTY LIMITATIONS

12-month installation workmanship warranty
No warranty for:
- Natural stone characteristics
- Heat/impact/chemical damage
- Damage by other trades
- Building movement
- Staining or etching
- Incorrect care or cleaning

Clients are required to refer to Continua’s official Care & Maintenance guidelines, available on our website, and follow the instructions applicable to the specific product supplied or installed. www.continua.co.za

Manufacturer warranties apply only where all care instructions are followed.

13. RETURNS, CANCELLATIONS & SPECIAL ORDERS

Special Order Goods are non-refundable.
Stock items may be returned within 7 days, unused, with a 25% handling fee.
Fabricated items cannot be returned.
Cancellation after production will result in forfeiture of the deposit.
All design, drafting, BOQ, admin fees, and work performed will be deducted from deposits.

14. CLAIMS, BREAKAGES & NON-CONFORMANCES

Visible defects must be reported within 24 hours.
Continua may request images or conduct a site inspection.
Tampering voids claims.
Only the affected portion will be repaired or replaced.

15. LIABILITY LIMITATION & INDEMNITY

Continua is not liable for indirect, consequential, or financial losses.
Delays caused by others, site issues, or Client changes are not Continua’s responsibility.
Client indemnifies Continua for losses caused by unsafe conditions, access issues, or other contractors.

16. FORCE MAJEURE

Continua is not liable for delays caused by:

Loadshedding
Strikes
Weather
Riots
Supplier shortages
Transport delays
Unexpected machinery breakdown
Any event beyond reasonable control

17. POPIA & PRIVACY NOTICE

Continua collects and processes personal information only for quotation, invoicing, communication, and project delivery.
All information is stored securely.
Clients consent to necessary communication.

18. DISPUTE RESOLUTION

Internal escalation → Mediation → Legal action (if unresolved).

19. NO VARIATION CLAUSE

Changes must be written and signed by an authorised Continua representative.

20. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

21. ACCEPTANCE OF TERMS

Payment of deposit, signature, or proceeding with an order constitutes full acceptance of these Terms & Conditions.

22. ERRORS AND OMISSIONS (E&OE)

All quotations, drawings, layouts, specifications, and supporting documents issued by Continua are prepared with reasonable care. However, Continua reserves the right to correct any Errors and Omissions (E&OE) that may arise in any documentation, communication, or pricing.
“Errors and Omissions” refers to any unintended mistake, omission, incorrect measurement, inaccurate detail, or incomplete information in the Scope of Work, quotation, drawings, plans, or instructions — whether originating from Continua, the Client, or third parties involved in the project.
If any Error or Omission is identified after acceptance of the quotation, Continua will notify the Client and issue an updated quotation, Variation Order, or revised Scope of Work as applicable. Adjustments to cost, timelines, installation dates, or material requirements may apply.
Continua accepts no responsibility for Errors and Omissions in information, measurements, plans, specifications, or drawings supplied by the Client, the Client’s contractor, architect, designer, or any third party. Any rework, redraws, fabrication changes, material changes, installation delays, or additional labour resulting from such errors will be charged to the Client.
If an Error or Omission affects fabrication or installation readiness, all delivery, installation, and production dates will be automatically adjusted. Continua will not be held liable for delays, costs, or impacts resulting from corrective action required due to such Errors and Omissions.
No project may proceed to fabrication or installation until all measurements, drawings, specifications, and details are confirmed in writing. In the absence of written acceptance, Continua will not be liable for discrepancies arising from verbal instructions or incomplete information.

23. HEALTH & SAFETY AND SITE RISK ACKNOWLEDGEMENT

The Client is responsible for ensuring a safe working environment that complies with all OHSA requirements.
Continua installation teams may refuse to work on any site deemed unsafe, structurally unstable, unhygienic, or inaccessible, without penalty to Continua.
Any delays, return trips, or additional labour required due to unsafe conditions will be billed to the Client.
Continua is not liable for injury, damage, or loss arising from unsafe or non-compliant site conditions caused by the Client or other contractors.

24. STORAGE, DELAYS AND HOLDING FEES

If the Client delays templating, fabrication, delivery, or installation by more than 7 days after payment or material allocation, Continua reserves the right to charge reasonable storage or holding fees.
Material is stored at the Client’s risk once allocated or cut.
Continua may dispose of unclaimed, unpaid, or abandoned materials after 60 days, after written notice.

25. STRUCTURAL AND JOINERY DISCLAIMER

Continua is not responsible for structural support of cabinetry, walls, floors, or substrates.
All cabinetry must be level, secured, and structurally sound prior to templating.
Unsupported overhangs, cantilevers, or spans exceeding manufacturer recommendations are at the Client’s risk.
Any reinforcement, steelwork, or joinery corrections required will be billed separately.

26. PROTECTION OF PROPERTY

Continua will take reasonable care during delivery and installation, including the use of basic protective measures where practical (such as drop sheets or padding) and safe handling of materials.
The Client remains responsible for protecting floors, walls, furniture, cabinetry, appliances, and surrounding finishes before installation. All loose items must be removed and access routes made safe and clear.
Due to the size and weight of slabs and equipment, minor scuffing or movement marks may occur, especially in tight or restricted spaces. Continua will not be liable for such minor damage where reasonable care has been applied.
The Client acknowledges that installation is a construction-related activity and that some dust and disturbance is unavoidable. Continua will carry out standard post-installation cleaning and removal of installation rubble, but this does not include deep cleaning of the site.
Additional protection measures requested by the Client beyond Continua’s standard reasonable care may be quoted and charged separately.

27. INTELLECTUAL PROPERTY

All designs, drawings, renders, layouts, specifications, costings, and related documentation created by Continua in the course of providing goods or services remain the intellectual property of Continua, whether or not a design fee is charged.

Upon full payment, the Client is granted a limited, non-transferable licence to use the design documentation solely for the specific project and site for which it was created. The Client may not reproduce, share, adapt, sell, copy, distribute, or use any Continua intellectual property for another project, supplier, contractor, or purpose without the prior written consent of Continua.

A design fee covers the professional time, expertise, technical development, and resources required to produce design documentation. Payment of a design fee does not transfer ownership of intellectual property, unless expressly agreed in writing that a design buy-out applies. In the absence of such written agreement, all intellectual property rights remain vested in Continua.

For the purposes of these Terms & Conditions, Intellectual Property (IP) includes, but is not limited to:

Design concepts and layouts
Technical, shop, and construction drawings
2D and 3D designs, renders, and visualisations
Slab layouts, cutting plans, and optimisation drawings
Joinery integration layouts
Edge profiles, joint placements, and fabrication logic
Design development iterations and revisions
Specifications, schedules, costings, and Bills of Quantities (BOQs)
Digital files, CAD files, PDFs, images, and templates
Any creative or technical output produced by Continua or its representatives in connection with the provision of goods or services

28. PHOTOGRAPHY, MARKETING & PUBLICITY RIGHTS

Continua retains the right to photograph, record, or otherwise capture images of completed or partially completed works for use in its portfolio, marketing, advertising, training, award submissions, digital platforms, social media, and other promotional purposes.

The Client grants Continua a non-exclusive, royalty-free, perpetual licence to use such images. Continua will not disclose the Client’s name, address, or other identifying personal information without the Client’s prior consent.

Should the Client wish to restrict or exclude the use of photographs or images for marketing or publicity purposes, the Client may submit a written request either prior to project commencement or prior to publication of the images. Any such restriction will apply from the date the request is received, and Continua will make reasonable efforts to accommodate the request going forward. Images already published or in active use at the time of the request may remain in use.

In the absence of a written restriction, the Client is deemed to have granted consent in terms of this clause.

29. REVIEW & APPROVAL

This document is reviewed annually or when:

Company systems or structures change
Compliance requirements are updated
Management deems it necessary