DNG LIFESTYLE & DESIGN (PTY) LTD
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Registered Address: Sandton, Johannesburg, South Africa

 

1. Acceptance of Contract & Scope

1.1. These Terms and Conditions govern all interior design consultancy, bespoke furniture procurement, international project travel, and project management services provided by DNG Lifestyle & Design (Pty) Ltd (hereinafter referred to as "the Studio").
1.2. A contract is deemed binding upon the client’s signature of a specific project proposal, design brief, or project management schedule, at which point these Terms and Conditions are incorporated by reference.
1.3. The advisory or design proposal consists of creative and technical recommendations. The client retains absolute final authority on project sign-off. The Studio shall not be held liable for any secondary costs, modifications, or rectifications arising post-client signature.

 

2. Financial Terms & Payment Milestones

2.1. Standard Turnkey & Project Fees: Upon signature of a project proposal or management contract, a 70% deposit of the total estimated value is immediately due and payable. No procurement, planning, or production work will commence until this deposit has cleared in full into the Studio's nominated bank account.
2.2. Consultancy Fees: Pure advisory or spatial consultation fees require 100% upfront payment prior to the commencement of any conceptual drafting or space mapping.
2.3. Project Management Retainers & Balances: For full-scale site management, the remaining 30% balance is due precisely one week prior to the projected close of the project lifecycle. For loose furniture, textiles, and styling delivery, the 30% balance is due on the final day of installation.
2.4. Overrun Surcharges: Project management scopes carry a maximum baseline duration specified in the project brief. Should a project extend beyond its maximum lead time due to client delays or contractor overruns, the Studio will apply an additional weekly management surcharge of R4,200 (Excluding VAT) until final completion.
2.5. Acceptable Payment Methods: Payment shall be made via Electronic Funds Transfer (EFT) or Cash only. Credit cards and checks are not accepted.
2.6. Validity of Quotations: Prices and supplier cost indicators detailed within our proposals are valid for exactly 7 calendar days from the date of issue, after which they are subject to market fluctuations and adjustments.

 

3. International Travel Mandates

3.1. Where a project requires international travel for procurement, sourcing, or site supervision (e.g., travel to European design hubs or Asian manufacturing zones), a flat Daily Travel Fee of $1,000 USD applies. This daily rate encompasses all departure, transit, business, and return days, and must be paid in full upfront prior to departure.
3.2. Travel Logistics & Accommodations: The client assumes sole financial responsibility for all travel overheads, which must be fully pre-paid or reimbursed as follows:

• Business Class flight tickets for the designated design directors/leads.

• Full accommodation costs for the complete duration of the trip (Minimum requirement: 4-Star rating).

• Full subsistence costs covering three (3) meals per day for the traveling personnel.

• Comprehensive visa procurement fees, medical clearances, and mandatory vaccinations.

• All regional transit costs, including car rentals, train tickets, airport transfers, and taxi fares.
  3.3. Delays and Extensions: Should international itineraries encounter unforeseen delays or extensions, the client is automatically liable to cover all daily fees and logistical overheads for the extended period.
  3.4. Procurement Fees: The Studio levies a flat 10% agency fee on the total expenditure of all goods, furniture, and fittings selected or purchased during international sourcing trips. This fee must be settled within 7 days of return to South Africa.

 

4. Ownership, Risk, and Delivery

4.1. Retention of Title: Legal ownership of all custom furniture, fixtures, textiles, and decorative items remains solely with the Studio until the project invoice balance is paid in full.
4.2. Transfer of Risk: Risk in the goods passes entirely to the client immediately upon physical delivery to the client’s designated premises or site.
4.3. Cancellation Restrictions: Once orders have been formally placed with specialist manufacturers or third-party suppliers, or once goods have been delivered, they are entirely non-returnable and the associated order cannot be cancelled by the client.
4.4. Delivery Timelines: While the Studio provides thorough oversight regarding logistics and delivery dates, it accepts no liability for third-party manufacturer or shipping delays, and such delays do not entitle the client to cancel the order or claim damages.

 

5. Exclusion of Liability & Third-Party Performance

5.1. Independent Contractors & Contractors: The Studio acts strictly in a design, management, and advisory capacity. The Studio is not a party to, nor liable under, any construction or structural contracts (such as JBCC Minor Works Contracts) signed directly between the client and building contractors.
5.2. Supplier Warranty and Workmanship: The Studio is not liable for the structural integrity, workmanship, defects, or project delays caused by independent suppliers, artisans, or wet-work contractors, whether recommended by the Studio or otherwise. The client’s sole remedy for performance defaults lies directly against the specific supplier or contractor.
5.3. Manufacturer Guarantees: All furniture, custom fabric installations, and lighting components are covered strictly by their respective manufacturer’s warranties. The Studio provides no secondary or independent warranties but will reasonably assist the client in processing a manufacturer claim without assuming liability.
5.4. Property Damage: The Studio explicitly excludes all liability for structural, cosmetic, or property damage caused to the client's or landlord's real estate during the execution, installation, or implementation of the design plan, whether arising from willful or negligent third-party contractor behavior.
5.5. Logistical Overheads: The Studio assumes no liability for cartage fees, clearing charges, storage costs, or transport insurance fees when third-party transport contractors are engaged to move goods to the project site.

 

6. Intellectual Property & Marketing Content

6.1. All original technical drawings, conceptual space plans, 3D renderings, sketches, and Style Books generated by the Studio remain the exclusive intellectual property of DNG Lifestyle & Design.
6.2. The Studio covenants that it will take no external, internal, structural, or decorative photographs of the client's finished premises for advertising, social media, or digital portfolio purposes without first obtaining the explicit, written consent of the client.

 

7. Dispute Resolution & Governing Law

7.1. These Terms and Conditions shall be governed exclusively by and construed in accordance with the laws of the Republic of South Africa.
7.2. Any dispute, claim, or controversy arising out of or relating to this agreement, including financial defaults or performance standard reviews, shall be referred directly to private arbitration upon demand by either party.
7.3. The arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of South Africa (AFSA) by a single arbitrator selected from the AFSA commercial panel. The arbitration proceedings shall be held at the offices of AFSA in Sandton, Johannesburg, and the arbitrator's ruling shall be final, binding, and capable of being made an Order of Court.