72 Starting with the words used in the dispute clause, it is clear that the words arising out of or concerning this agreement or its termination” have been used as regards matters that can be referred to adjudication in terms of clause 40. A contract can be terminated for various reasons not only for reasons relating to the committal of fraud, which in general has the effect of making a contract voidable.
In North East, despite a clause with a phrase that ‘any question as to the enforceability of this contract’, the Court found that it was not envisaged by the parties at the time of concluding the contract that the validity or enforceability of the contract induced by fraudulent misrepresentations and non-disclosures would be arbitrable.
11 So in this case too whilst the term in clause 40.1 or its termination” appears to be all embracing, the question of the validity of the contract induced by fraudulent misrepresentations and non disclosures is not clearly stated as one which can be referred to adjudication in terms of clause 40.
It refused to submit the question of whether there had been fraud inducing the contract to arbitration on the basis that the arbitration electrical cape town clause fell with the contract and claiming that the clause had been included in the contract as part of a fraudulent strategy.
According to it, it had previously used services of a project manager to look for premises from which Namasthethu could operate and the project manager ascertained that those premises were available. There is always work available for electricians because it’s one of the most common trades, and there is always a lot of growth potential when you work for a well-known company.
Having amassed many years working in this industry, our Cape Flats electrical contractors boast of being among the best you can find in the region. We are proud electrical contractors that realize what is required to get a job done. 40.1 Should any disagreement arise between the employer or his principal agent or agents, and the contractor arising out of or concerning this agreement or its termination, either party may give notice to the other to resolve such disagreement.
If you had retained your certificate then it may still be valid provided you have not tampered with the electrical installation in any way. In addition, our services are insured and we comply with all the requirements implemented by the Electrical Board of South Africa.
Further that clause 40.9 provides that the termination of the agreement will not affect the validity of clause 40. Abacas Solutions, one of the top electricians in Cape Town are experts in a wide variety of electrical and plumbing related services, large or small, regardless of whether for commercial, residential or industrial premises.
15 It is also worth noting that clause 40.3.3 of the agreement provides that the adjudicator’s decision shall be binding unless and until revised by a court of law. Clauses 40.1 and 40.9 were not extended or amended, to widen the types of disputes to be submitted to adjudication as those having to do with the validity or enforceability of the agreement.
Our reputation as Western Cape Registered Electricians has been (and continues to be) built on good customer relations and most of our business comes from customer referrals. Address: 7 Rosmead Ave, Claremont, Western Cape, 7708, South Africa, Cape Town. Electricians on Kandua are all qualified.
A new certificate must be issued whenever the electrical installation is altered or extended. Whilst they intended that a contract may be terminated when fraud has been committed, they left clause 40 unchanged. The Harris Group is a Cape Town based company comprising of Harris Electrical, HE Electrical Services and HE Power Solutions.
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