Terms & Conditions

Introduction

The terms and conditions set out in this document is to be read in conjunction with the quotation that has been provided by Guerrilla Safety Consultants. This document has been developed to highlight the terms and conditions of services rendered by Guerrilla Safety Consultants.

Please read through this document thoroughly and sign once completed. By signing this document you agree to be bound by these terms and you will adhere to them.

These terms are to be read in conjunction with any other agreements or documents provided by Guerrilla Safety Consultants. 

Definitions: 

In this Agreement unless otherwise required or indicated by the context:

  • “Agreement” means these terms and conditions between the Client and the Service Provider.
  • “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
  • “Client” means the person, a company/close corporation duly incorporated in accordance with the laws of the Republic of South Africa.
  • “Confidential Information” means information that, by its nature, is confidential to the Parties to the Agreement, including but not limited to material, information, data, techniques, and procedures which relate to their respective businesses.
  • “Default” means any failure by either Party to comply with its obligations in terms of this Agreement.
  • “The Effective Date” shall mean the date as stipulated in this document notwithstanding the date of signature hereof;
  • “Fees” means the fees to be charged by the Service Provider for the services rendered, as set out in the quotation that is sent.
  • “Force Majeure” means all acts or events which are neither controllable or predictable and therefore independent of the will of any Party or of its subcontractors, including but not limited to war, declared or not, riot, revolution, strikes or other industrial actions, machinery damage or breakdown, earthquake, tidal wave, essential supply difficulties and irremediable non-performance by a third party.
  • “GSC” Means Guerrilla Safety Consultants
  • “In Writing” means any form of writing which includes social media messaging such as whatsapp and facebook
  • “Interest” means the amount of 10% that will be levied to accounts exceeding the agreed payment terms.
  • “Medicals” means occupational medicals that are performed on and entry, exit or annual basis ensuring that employees are fit for work.
  • “OHSA” means the Occupational Health and Safety Act No. 85 of 1993, as amended or any succeeding legislation which may replace it from time to time;
  • “Parties” means the Client and the Service Provider, and “Party will mean either of them, as the context may require. In respect of a party, any person acting for or on behalf of the party and includes any director, officer, employee, Service Provider or professional adviser of the party;
  • “Personnel” means any personnel of the Service Provider who performs the Services or the Client where it is applicable; Personnel” of a Party includes employees, directors, officers, agents, consultants, contractors, subcontractors, professional advisors, or other representatives of the Party, while “Employees” of a Party is limited to employees (whether permanent or fixed-term) and directors of the Party;
  • “Premises” means the address where the services will be rendered at the clients’ premises.
  • “PPE” means personal protective equipment.
  • “Retainer” means the service that is rendered by Guerrilla Safety Consultants on a monthly basis consisting of site or office visits performed and agreed intervals
  • “SACPCMP” The South African Council for the. Project and Construction Management Professions.
  • “Signage” means the signage that is provided in terms of health and safety to our customers.
  • “Signature Date” means the date on which this Agreement is last signed by the Parties;
  • “Service Provider” means Spartan Safety T/A Guerrilla Safety Consultants (Pty) Ltd, a company duly incorporated in accordance with the laws of the Republic of South Africa, under registration number: 2016/022751/07;
  • “Services” means the services to be provided and/or the outputs to be created and the outcome to be achieved by the Service Provider, including the delivery or completion of the Deliverables, as set out in the quotation.

General Information: 

  • Due to the high number of sites running and requests for registered SACPCMP and trained WSST Total safety officers, we don’t always have consultants available for your specific site.
  • We may not always have a safety officer close to your specific site and could provide you with a safety officer that is further away from the site. As soon as the safety officer is 100km away from site formal approval needs to be provided by the customer.
    • The safety officers comes from multiple areas and that my effect the traveling being charged at the end of the month. 
    • Final Invoice will be done once the final time and attendance sheet is signed off on site.
    • If the time sheet is signed off, we then take assurance that an authorized person has signed off on the time sheet.
    • We cannot be held liable for who signs off the time sheet on site.
    • Over time and double time will be charged accordingly.

Booking of safety officers: 

  • All Safety officers are subject to availability, please ensure your safety officer is booked 3 days before the site starts to ensure all arrangements are made.
  • Should we be required to provide a safety officer on short notice and there some document or PPE issues due to rushing a safety officer to site we will not be held liable for any time loss. 

Booking of safety officers for away sites:

  • When a safety officer is booked for an away for more than one day and accommodation is required and for some uncontrolled event work cannot commence for a day.
  • The safety officer will still be charged for the full duration of the booking and the missed day will not be credited. Any additional days will be charged for.
  • All Safety officers are subject to availability, please ensure your safety officers are book 3 days before the site starts to ensure all arrangements can be made in time.
  • Should we be required to provide a safety officer on short notice and there some document or PPE issues due to rushing a safety officer to site we will not be held liable.

Retainer Service: 

  • The safety officer will agree specific dates for the visit and full attention will be provided to your system.
  • Should the safety officer not be make it to the customer on a said month the visits can be worked in on the next month or the amount can be credited as per the customer request.
  • Additional days may be booked as required should there be an influx of work that must be done.
  • The safety officer is only permited to work on your or documents on the days allocated. All ad-hoc work and after hour work will be charged for.
  • The Safety officer could also do site visits however additional travel will be charged to the sites.
  • All additional service conducted by Guerrilla Safety Consultants are excluded from the retainer service and will be quoted and invoiced seperatley. 

Accommodation: 

  • Accommodation can be handled either by ourselves or by the client, should bookings be made by the customer the following terms will apply:
    • Our safety officers do not share a room with other workers, as they work away from home we excpect our employees to have privacy at night.
    • We do not expect the client to book the employees into fancy hotels. However, we do expect our customers to book the employee into a guesthouse, hotel, b&b where they would also stay in.
    • Wifi facilities should be available where the employees can work in the evening.
    • The facilities should also have a television available to ensure the employees can relax in the evening. 

Night out allowance 

  • Night out allowance is charged per night that the safety officer has to stay away from home. 

Travel 

  • Travel is charged from the safety officer’s place of residence to the site/office and back to their place of residence.
  • Travel between accommodation and site will be charged.
  • As per the General Information not all safety are close to sites and we will require approval from the customer if the travel reaches 100km in one direction. It remains the customers discretion if the safety officer should be sent to site. 

Car Rental 

  • Should a rental car be required, the customer will be charged for the daily rate of the rental vehicle.
  • A rate of R2.50 will be charged per kilometer for rental cars to cover the fuel costs which will be for the account of the customer. 

Toll Slips 

  • Toll slips will be the responsibility of the customer and will be invoiced separately. 

Roles and Responsibilities of Safety Officer 

  • Safety officers are there to ensure to see that your employees are working safe.
  • Work will only be stopped if the safety officer sees that an employee is endangering himself or others on site, but the employee of the contractor will be notified and work will continue immediately.
  • If a near hit occurs it will be recorded and implemented on site.
  • A Stop work form will be implemented if a near hit report is recorded to ensure the correct procedure is followed.
  • If the client safety officer stops the work of the contractor on site due to documents needed our safety officer is there to assist and can implement the documentation.
  • If any CEO or manager or employee trying to enforce employees to do work that can endanger themselves or others the safety officer will report this to Total and stop the contractor from doing their work.
  • There Support the development of OHS programs.
  • Advise and instruct on various safety-related topics (noise levels, use of machinery etc.)
  • Conduct risk assessment and enforce preventative measures
  • Inspect premises and the work of personnel to identify issues or non-conformity (e.g. not using protective equipment)
  • Oversee installations, maintenance, disposal of substances etc.
  • Stop any unsafe acts or processes that seem dangerous or unhealthy
  • Record and investigate incidents to determine causes and handle worker’s compensation claims
  • Prepare reports on occurrences and provide statistical information to upper management.
  • Development of method statements and work procedures
  • Maintaining of health and safety file on site 

Non-Solicitation’s 

  • The client agrees that, during this service rendered and for a period of 24 (Twenty Four) months after the termination of the service for any reason whatsoever, it shall not, without the other Party’s prior written consent, directly or indirectly solicit or offer employment, whether as an employee, agent, or independent contractor, or in any manner, to any employee or agent of the other Party that has in any way been associated with the performance of the obligations of the Parties in terms of this Agreement or any Subordinate Agreement.
  • The last date a service was rendered will be the last date of which the non-solicitation’s 24 months will be begin. 

Day Rate:

  • A day rate is charged for all safety officers or retainer work performed by our employees, The day rate is from 1 – 9 hours. Should work only be performed for 1 hour a full day will be charged. The same applies If the employee works 9 hours. 

Normal Time

  • Normal hours are as per the basic conditions of employment act which consist of 9 working hours per day.
  • One hour of lunch must be taken per day
  • A total of 10 hours are spent on site, 

Overtime

  • Any hours over the 10 hours are seen as overtime.
  • Should the safety officer not take lunch and the team agree to work through lunch time this is also overtime
  • Overtime is chared at 1.5 x the normal rate. 

Double Time

  • Double time applies for all work done on Sunday, and public holidays. 

ICC Audits

  • ICC audits are quoted per day and are based on the number day we need to spend working on the companies documents.
  • We may bring in an extra hand to complete the work in lesser day however the additional person will be billed for i.e. for a single person it could take 6 days then we will bring in an extra person to complete the work in 3 days. Ultimately the work remains the same it is the days that are reduced due to the number of workers.
  • We can only work with the information that is provided by the client, should there be any documents that is not provided we cannot be held responsible.
  • Eventhough we represent you as the client in the audit, we are not the persons being audited and your input will be required in the audit and we cannot answer al business related answers.
  • We as Guerrilla safety consultants can develop all document required for the audit however the site operations have a major effect on the outcome of the audit.
  • The auditors may require additional items in the audit that does not form part of the audit protocol and we cannot take responsibility for this as every auditor do their audits differently.
  • We have assisted several companies achieve green in the ICC Audit we can however not guarantee that you will score green in the audit.

Note: Should the auditor not provide any findings in the ICC audit they need to draft a full report to Total France explaining why there are no findings. 

Training Bookings and Payment 

  • All training must be paid in full prior to any certificates or attendance registers being issued to any customer.
  • New customers will need to pay the training in full and send the proof of payment prior to booking being confirmed.
  • Should we quote for 10 people to be trained and only 8 candidates arrive, the customer will still be liable for the payment of the 10 candidates.
  • The customer will have to re-book the candidates who did not attend the training on the first session. The customer will need to pay for traveling and the facilitator fee for the day. 

Medical Bookings and Payments 

  • All medicals must be paid in full prior to any medicals being issued to any customer.
  • New customers will need to pay the medicals in full and send the proof of payment prior to booking being confirmed. 

Retainer Payment 

  • All retainers are invoiced on the 3rd of each month and are due for payment on the 20th of the same month. We provide all customers a 17-day grace period to make payment. These works are done by full time employees and form part of the company’s overheads and need to be paid every month.
  • Statements will be sent on the 20th of each month advising customers that the amount is due and must be paid.
  • Guerrilla Safety Consultants employees will start contacting customers to request payment on the first following working day.
  • Should customers payment exceed the last working day of the month, they will be contacted and advised that of R250.00 penalty fee that will be levied to the account.
  • Should accounts reach 60 days, the retainer must be put on hold and management must arrange a meeting with the customer to discuss the account. 

PPE and Signage Orders and Payments 

  • All PPE and Signage must be paid in full prior to the items being ordered or delivered to the customer.
  • New customers will need to pay the items in full and send the proof of payment prior to order being placed with supplier.
  • In some instances when it is a large PPE order, we can arrange for a COD payment to be made by the customer. However, the payment must be made whilst the delivery is being made. We do not hand over the items without proof of payment.

Payment Terms 

  • All quotations exceeding R10 000.00 will require a deposit of 70% to be paid prior to work commencing.
  • The remaining 30% will be payable once the service has been completed. 

Deposit Payment 

  • All quotations exceeding R10 000.00 will require a deposit of 70% to be paid prior to work commencing.
  • Should the quotation amount be reached as per the previous point, and updated quotation has to be sent. Should this exceed R10 000.00 again a deposit will again be payable prior to work commencing. 

Suretyship 

  • The signatory hereby binds himself in his personal capacity as Shareholder (in the case of a Company), Member (in the case of a Close Corporation or owner, Partner, or Proprietor as co-principal debtor in solidum for the full amount due to the Supplier and agrees that this Agreement will apply in the same way to him.
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