Installation of Aluminium and Glass Shopfronts , Windows and Doors of sub-standard quality

HMJ Glassworks (Homeowners) Windows / Doors / Frames : Dullstroom

Introduction

The Owners of the above mentioned property started building this house in April 2022. Planning for the windows / doors /Shopfronts research was done and your Company HMJ Glassworks was chosen from many other quotations.

Payments

In April 2022 an amount of R 152 000 was paid to your Company after your Representative confirmed that an amount of 70% of R 221 600 was acceptable for the full deposit amount. The balance of 30% will be payable after completion of the full installation and signing off all items specified in the contract .

Delivery

Your Company was advised in October / November 2022 that the building work was at a stage where the products purchased from yourselves could be manufactured / assembled. The owner also visited the site and completed all measurements required for the assembling of the doors / windows and shopfronts. In November / Dec 2022 HMJ contacted the owner of the property advising that they have staff problems and battling with the cutting and assembling of the products. Workers were hurt. On 20 January 2023, a schedule was sent to HMJ by the owner setting out the installation order / process. As at the end of January 2023 , the owner was advised by HMJ that the deliveries and installation would be done in due course. In February 2023 HMJ advised the owner that all products as ordered had been manufactured and assembled. We visited HMJ and a lot of items were in fact not manufactured.

Non – Performance by Supplier

On the 14 th of February 2023 the Supplier confirmed progress and advised delivery to site would be done soon. An arrangement was then given that on Friday 17 February 2023, the doors / windows and shopfronts will be delivered and installed as soon as possible. Confirmation that there would be power available were confirmed and that the owner will organize a generator.

Dispute

On 22 February 2023, HMJ sent a message that they had received a deposit of R 152 000 out of a Total Amount of R 221 600. HMJ now requested an amount R 177 600 being 80% of the purchase sum. It needs to be noted that the Company Representative who represented the Company agreed that a 70 % deposit was in order as being 70 % of the total sum. As he represented the Company, he is deemed to be the company representative and any agreements are binding and legal.

On 23 February 2023 HMJ advised the they are delivering the Doors / Windows and shopfronts and will start installing. HMJ also informed myself that unless they receive the balance of R 27 600, they will not continue with the installation on site. On arrival the shopfronts did not fit in the Lounge and some alterations to the building was started. It was found that the bottom shopfront did not fit and cutting into the concrete floor and was too small on the sides. This was fixed by inserting square tubing on the sides to fit. The top Angle shopfront in the lounge did not fit and was left on site and still not to date fitted. ( Fitted on 1 June 2023 but scew and not up to standard ) The door frame on the bottom shopfront was not square and the door is still outstanding.

It is concerning that HMJ took all the measurements in Oct/Nov 2022 as well as supp**** with detailed plans. On 11 March 2023, the Homeowners agreed with HMJ that an additional R 27 600 would be transferred to HMJ Glass & Aluminium and this was effected with a Bank transfer in order to speed up the installation process. HMJ confirmed that the work schedule will continue with immediate effect. We continued to press for installation but were informed of staff problems. Visited HMJ in Middelburg numerous times with same answers. On 13 April 2023 all communications with the Company was suddenly transferred to the accountant. After a meeting at the offices of HMJ, the owners made an arrangement with HMJ as follows: ( Minutes of meeting attached )

1) The owners suggested in order for the installation to proceed, they will advance a payment of R 10 000 after the 1st day of installation on site.

2) We will then duplicate a R 10 000 after each alternative installation days after inspection was done and acceptance up to standard.

3) The final contract amount will be paid as soon as all installations have been checked and agreed.

4) HMJ then contacted myself on the Friday 14 th April 2023 and requested an advance for wages of R 5 000. We obliged and transferred the amount to assist.

5) The proposed installation was secured for 21 April to Sunday 23 April 2023.

6) Accommodation for 3 people were secured for this period on the farm cottage . HMJ suggested that other workers can stay on the premises.

7) All in agreement.

Final non-performance by Supplier

On the agreed date 21 / 22 / 23 April 2023 HMJ did not arrive on site for installation. There was no communication in this regard from HMJ with an apology.

On 21 April 2023 no response and or delivery/installation was done as agreed.

Various phone calls were unanswered as the homeowners were totally ignored.

Please take note that any future agreements had lapsed as the manufacturer/supplier had not performed.

In the week of 15 May 2023 arrangements were made with HMJ for final installation on the Monday 22 May and Tuesday 23 May 2023.

On Monday 22 May 2023 the Homeowner received a message from HMJ that all communications should be effected with the installer.

On the 22nd May the installer advised that they need another payment of R 10 000 for diesel and hire of a trailer and that they are loading.

On the 22 May the owners were advised that if the R 10 000 is not transferred, the delivery and installation would not be done. It was confirmed that the delivery is cancelled. After that HMJ advised myself, that unless they receive the R 10 000 no Installation will take place. Received a telephone call from HMJ stating that the R 10 000 payment was agreed and must be paid before any installations will be done.

On the 23 rd of May 2023 HMJ sent voice messages insisting and adamant that the R 10 000 must be paid or no installation will take place.

We eventually discussed the payment and paid the R 10 000 in order to save the situation and promote the installation of the aluminium and glass installation as soon as possible.

The installer arrived on site with a few aluminium and glass units to be installed on Monday 29 May 2023 at 11h00. The front shopfront triangle in the Lounge were adjusted to fit on top of the bottom shopfront. Redone to fit but were off-center with the bottom . The back top triangle shopfront in the kitchen were also fitted but were too short but no glass were fitted. (Fitted on Wednesday )

He also arrived on Tuesday 30 May 2023 and started with the front Lounge triangle Glass and only fitted 4 off. The balance to be fitted.

Then HMJ informed me that if we do not pay the R 10000 he will not be back on Wednesday. I informed him them we will not pay the R 10000 because a provisional amount was previously paid of R 5000 for wages to be deducted .

HMJ answered that he was unaware of that and will be back on Wednesday to complete the work.

I asked him where are the sections for the Main Bedroom, and he rep**** that he will deliver these sections ( for the back top triangle shopfront , as well as the front top section triangle , the front floor shopfront section with door and the back shopfront section with door) by his supplier on Friday 02 June 2023.

A telephonic discussion between the owner and the Accountant on the 24 th of May 2023 , she confirmed that Aluminium extrusions and Glass products to the value of R 100 000 are lying in the workshop waiting to be dispatched to our site for installation.

We have corresponded with HMJ via Whatsapp on installing the Main Bedroom Aluminium shopfronts ( x2 ) , triangles shopfronts ( x 2) today on 1 June 2023 but to date no reply from them.

HMJ never corresponded on their absence on Thursday 01 June 2023 as well as on Friday 02 June 2023. Therefor outstanding installations are 4 major shopfronts of high value and repairs and installation of hardware (handles / locks and glass.

IN CONCLUSION

The Homeowners are sad to have been in this relationship with this Supplier

Various arrangements and / or agreements have not been honored by the HMJ / Installer as per various agreements and quality of work have been sub-standard.

As the Homeowners we have accommodated the Supplier in more than many ways to complete this contract but truly have been ignored / snubbed and treated with disrespect to their client on various occasions.

The Company / Supplier HMJ Glassworx is hereby given 7 days to deliver as agreed and paid for until the 21st of June 2023 as to the final date of delivery and installation.

This means that on 21 st of June 2023 a full exercise will be effected to highlight this bad service .