The Customer acknowledges that it does not rely upon any representations or warranties made by the Supplier regarding the products and services, or qualities thereof, leading up to these Terms and Conditions other than those contained in these Terms and Conditions. All specifications, price lists, performance figures, advertisements, brochures, and other technical data furnished by the Supplier in respect of its products or services, whether verbally or in writing, will not form part of these Terms and Conditions in any way, unless agreed to in writing by the Supplier. The Customer agrees that neither the Supplier nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer. All quotations will remain valid for a period of 7 days from the date of the quotation; unless otherwise stated on the quotation, or unless otherwise specified in writing by the Supplier. Delivery and performance times quoted are estimates only and are not binding upon the Supplier. All quotations are subject to the availability of input products or services and subject to correction of good faith errors made by the Supplier; and the prices quoted are subject to increases in the cost price, including currency fluctuations, to the Supplier before acceptance of the sales order.
All sales orders of the Supplier or any other contracts of sale, or agreed variations thereto, whether verbal or in writing, shall be binding upon the parties and subject to these Terms and Conditions in all respects. If there is any discrepancy between any provision of a sales order and any provision of these Terms and Conditions, then the provision contained in these Terms and Conditions shall prevail.
The Customer undertakes to retain copies of all electronic or image media furnished to the Supplier. Media altered by the Supplier immediately becomes the Supplier’s sole property.
Proofs, pulls, samples, specimens, sketches, photographs or any representations, whether partial or total (collectively referred to as “proofs”), of the finished product may be submitted to the Customer for approval. Upon acceptance of such proofs by the Customer, or any employee of the Customer, the Supplier will not be liable for any errors contained in any approved proofs.
In the event of the Customer being unwilling to view and accept final proofs, the Customer will still be liable for the cost of the work produced.
The Customer will be liable for the costs incurred in the event of the alteration or variation of any proofs, at its request, other than the correction of Supplier’s errors.
The Customer shall be required to pay for any preliminary work which is produced at its request, whether experimentally or otherwise.
Origination and preliminary work shall remain the property of the Supplier; unless otherwise agreed upon in writing, with the Customer.
Standing matter, originals and printer’s materials of any kind may be distributed, effaced, or disposed of immediately after the sales order has been executed, unless written arrangements are made for the retention thereof.
The Customer acknowledges all copyrights and shall not duplicate the Supplier’s copyrighted material. Each infringement attempt shall render the full value of the sales order of such infringement immediately payable by the Customer to the Supplier.
The Supplier reserves the right to withhold production of any material it deems unsuitable or unlawful, in its sole and absolute discretion. The Supplier reserves the right to edit, revise or reject any material it deems untruthful, objectionable, illegal or in conflict with fair business practices. The Customer remains liable for the cost of work produced in the event of the Supplier exercising these rights.
The customer undertakes to pay 50% deposit prior to commencement of production and the balance prior to despatch/delivery.
The Customer hereby indemnifies the Supplier against all and any claims, costs and expenses of whatsoever nature and howsoever arising out of the infringement of any copyright, patent, trademark, design, or any other intellectual proprietary rights by supplying products and/or services to the Customer, or the printing of any illegal or defamatory material.
It is the sole responsibility of the Customer to determine that the products or services ordered by it are suitable for the purposes of intended use. The Supplier gives no warranty, express or implied, concerning the suitability of the products supplied or the services ordered, for any purposes whatsoever.
The Supplier reserves the right, in its sole and absolute discretion, to provide alternative products at the prevailing prices to those ordered by the Customer, should those products have been superseded, replaced or otherwise become unavailable.
Products are sold voetstoots with no warranty against latent defects. All other guarantees, including common law or otherwise guarantees, are hereby specifically excluded.
Liability is restricted to the cost of repair or replacement of faulty products or cost of the services or granting of a discount, at the sole and absolute discretion of the Supplier.
The Supplier shall not be required to work to tolerances closer than those applicable to the materials obtained by it in the ordinary course of trade or supplied to it by the Customer. The Supplier shall not be held liable for any variations in the standard, quality, and performance of such materials.
The Supplier shall not be liable for any defects resulting from it being required to expedite delivery ahead of the time needed for the proper production of a sales order.
The Supplier shall not be responsible for imperfections in the products due to defects in, or the unsuitability of material or equipment not supplied by the Supplier.
The Customer agrees to pay all costs and/or disbursements resulting from any acts, omissions or requests of the Customer pertaining to suspension of work, modification of requirements, reprints, failure or delay in giving particulars required to enable work to proceed on schedule, or requirements that work be completed earlier than previously agreed.
The Supplier shall not be responsible for Customer’s material, which may be wasted in the production.
Customer’s property and property supplied by the Customer to the Supplier will be retained by the Supplier, at the Customer’s sole risk.
The Supplier shall not under any circumstances whatsoever, be liable for any damage arising from any misuse, abuse or neglect of products or services after despatch/delivery.
Any sales order is subject to cancellation by the Supplier, due to acts of nature, or from any causes of whatsoever nature beyond the control of the Supplier, which precludes the effective performance by the Supplier of any part(s) thereof; including but not limited to: inability to secure labour, power, materials or supplies, or by reason of an act of nature, vis major, war, civil disturbance, riot, state of emergency, strike, lockout or other labour disputes, natural disaster, fire, flood, drought, pandemic, lock down or legislation products retained.