INSTALLATION LIABILITY WAIVER

Purpose of Waiver

This Installation Liability Waiver Form (“Waiver”) is entered into between Office Furniture Fabricators (“Contractor”), a South African company located at 12 Design Avenue, Kramerville, Sandton, Johannesburg 2091, and the worked with Client. The purpose of this Waiver is to outline the terms under which the Contractor will perform installation services at the Client’s premises (“Site”) and to release the Contractor from liability for any damages to property or injuries that may occur during or as a result of the installation process, to the extent permitted by South African law.

By working with us this Waiver, the Client acknowledges and agrees to the terms set forth below, understanding that installation activities involve inherent risks that may result in property damage or personal injury, despite the Contractor’s exercise of reasonable care.

Assumption of Risk

The Client acknowledges that the installation of office furniture, including but not limited to desks, chairs, cabinets, reception counters, and boardroom tables, involves inherent risks, which may include:

  • Damage to floors, walls, ceilings, fixtures, or other property at the Site due to handling, movement, or placement of furniture.
  • Damage to existing furniture, equipment, or personal belongings at the Site.
  • Personal injury to the Client, their employees, visitors, or other third parties present at the Site, resulting from activities such as lifting, assembling, or securing furniture.
  • Unforeseen structural or environmental issues at the Site (e.g., weak flooring, electrical hazards) that may contribute to damage or injury.

The Client assumes all risks associated with the installation process and agrees that the Contractor shall not be held liable for any damages or injuries resulting from these risks, except where such damages or injuries are directly caused by the Contractor’s gross negligence or willful misconduct, as determined by a court of competent jurisdiction in South Africa.

Release and Indemnification

The Client hereby releases, waives, discharges, and agrees to indemnify, defend, and hold harmless Office Furniture Fabricators, its owners, employees, subcontractors, agents, and affiliates (collectively, “Released Parties”) from any and all claims, demands, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to:

  • Any damage to the Client’s property, including but not limited to floors, walls, fixtures, furniture, or equipment, during the installation process.
  • Any personal injury, including death, to the Client, their employees, visitors, or third parties present at the Site during installation.
  • Any delays, disruptions, or inconveniences caused by the installation process, including but not limited to business interruptions or loss of use of the Site.
  • Any pre-existing conditions at the Site, such as structural weaknesses, electrical faults, or hazardous materials, that contribute to damage or injury.

This release and indemnification shall apply to the fullest extent permitted by South African law, including but not limited to the Consumer Protection Act 68 of 2008, provided that it does not waive liability for damages or injuries caused by the Contractor’s gross negligence or willful misconduct.

Client Responsibilities

The Client agrees to the following responsibilities to facilitate a safe and efficient installation process:

  • Provide a safe, accessible, and clear workspace at the Site, free of obstacles, hazards, or unsecured items that may interfere with installation.
  • Disclose any known structural, electrical, or environmental issues at the Site (e.g., weak flooring, exposed wiring, asbestos) prior to the start of installation.
  • Ensure that all necessary permissions, permits, or approvals required for the installation are obtained prior to the Contractor’s arrival.
  • Remove or secure valuable, fragile, or sensitive items (e.g., electronics, artwork) from the installation area to prevent accidental damage.
  • Supervise or restrict access to the installation area by employees, visitors, or third parties to minimize the risk of injury or interference.

The Client acknowledges that failure to fulfill these responsibilities may increase the risk of property damage or personal injury, for which the Contractor shall not be liable.

Contractor’s Representations

The Contractor represents that:

  • Installation services will be performed by trained personnel using industry-standard tools and practices.
  • All furniture and equipment supplied by the Contractor will be free from manufacturing defects at the time of installation, subject to the terms of any applicable warranty.
  • The Contractor maintains public liability insurance to cover potential damages or injuries caused by its gross negligence or willful misconduct, as required by South African law.

The Contractor shall take reasonable precautions to minimize damage to the Site and ensure the safety of its personnel and others present during installation. However, the Client acknowledges that some minor wear and tear (e.g., scuff marks, temporary disruptions) may occur as a normal part of the installation process, for which the Contractor shall not be liable.

Insurance and Liability

The Client is responsible for maintaining adequate insurance coverage for their property, including contents and fixtures, and for any personal injuries that may occur at the Site during installation. The Client agrees that the Contractor’s insurance shall not be relied upon to cover damages or injuries resulting from the Client’s failure to fulfill their responsibilities under this Waiver or from pre-existing conditions at the Site.

In the event of a dispute regarding liability, the parties agree to attempt resolution through good-faith negotiation before pursuing legal action. Any legal proceedings shall be governed by the laws of South Africa and conducted in a court of competent jurisdiction in Johannesburg.

Acknowledgment and Agreement

By working with us, the Client acknowledges that they have read, understood, and agree to be bound by the terms of this Waiver. The Client confirms that they have the authority to enter into this agreement on behalf of themselves or the entity they represent.