African Indawo Terms & Conditions

STANDARD TERMS AND CONDITIONS OF SALE.

1. ESTIMATES AND QUOTATIONS: We will only be bound by written quotations which are given subject to the examinations of the customer’s samples or media. Prices are based on the uninterrupted production of the product. If the customer requires the selected printer to complete the work before the suggested delivery date the customers agrees to pay for the additional costs incurred on the customer’s behalf. The selected printer reserves the right to refuse to print a quoted job without furnishing a reason or for reasons of force majeure. Where color matching or exact quantities are required, our quotation must specify these requirements.

2. ORDER CONFIRMATION AND CONTRACT OF SALE: The customer’s written order or signed order confirmation will be deemed contract of sale. Any variations to the original order must be made in writing and accepted by the selected printer prior to manufacture. The customer acknowledges that it shall be liable to the selected printer for any work done or materials used prior to such notification.

3. PAYMENT TERMS: Products manufactured to the customer’s requirements must be paid in advance, unless credit terms have been agreed in writing. Where such terms exist the customer agrees to make payment to the selected printer within the stipulated terms. Disputes in respect of invoices or delivery notes must be made to the selected printer in writing within seven days. Such complaints may not be used to delay payments.

4. OVERDUE PAYMENTS: Should the customer exceed the agreed payment terms, he agrees to pay interest @ 2% per month or the maximum statutory rate monthly on all overdue accounts. Furthermore, the selected printer reserves the right to stop deliveries of the product and payment for any goods completed will forthwith become due and payable. The selected printer may also exercise a general lien on all the customer’s property in its hands which may be disposed of to offset outstanding amounts. If the selected printer is required to take legal action to recover amounts due, the customer agrees to pay all expenses and other costs in recovering any outstanding amounts including legal fees and tracing fees on an attorney and own client scale. The customer forfeits any right to claim a deposit from the selected printer to cover their legal costs. The jurisdiction of the Wynberg Magistrates Court will be considered binding even where the amount due exceeds the Magistrate’s Court jurisdiction. A certificate signed by the accounts manager at the selected printer to the amount due will be sufficient proof of the facts stated on such certificates unless proved otherwise.

 

5. MANUFACTRING STANDARDS:

a. Quantities: Unless specifically agreed otherwise the quantity supplied may vary by 10% over or under and will be billed accordingly.

b. Proofs: A sample proofs or pull will usually be submitted to the customer for approval. No liability will be accepted by the selected printer for any errors after the proofs have been approved by the customer. Author’s corrections or changes from the original copy will be charged at the ruling rate.

c. Bleeds: Where the printed image extends to the edge of the paper (bleeds) our quotations should specify that such bleeds have been allowed for to cover the increased paper size required.

d. Color matching: Prices do not normally allow for color matching. If required, the Pantone color reference must be specified. A color matched proof or chromalin must be submitted for process color work. While every effort is made to ensure accurate color matching your attention is drawn to the fact that Pantone colors vary considerably depending on the paper stock used and there are invariably slight differences between different ink batches. The Litho process also causes color variance during the run which should be discussed with the technical staff if close tolerances are required.

e. Variation in standards: The selected printer shall not be required to work to standards and tolerances closer than those applicable to the materials and printing equipment utilized.

f. Rush orders: When required to expedite a delivery ahead of the time needed for proper production the selected printer shall not be liable for defects such as ink set off occasioned thereby.

6. COLLECTION/DELIVERY: Completed products will be despatched or collected by the customer when ready and the customer shall not refuse or delay to take delivery. The selected printer’s delivery note, invoice or waybill signed by the customer or his employees or agent shall be sufficient proof that the quantity of the delivered corresponds with the quantity reflected on the delivery document at the time of delivery. Any dispute in the quantity must be indicated on the delivery document at the time of delivery. Any complaints in respect of quality must be made in writing to the selected printer within seven days setting out the nature of the complaint failing which the product shall be deemed free of defect in accordance with the order placed.

7. LIMITATION OF LIBALITY AND INDEMNIFICATION: The selected printer gives no warranty express or implied concerning the suitability of the goods supplied for any propose whatsoever. The selected printer shall not be liable for any direct, indirect, consequential, or any other loss including loss to third parties, arising out of errors in carrying out a contract, or by delay in delivery, or by unsuitability of goods for use as intended. The customer shall indemnify the selected printer and agent against any loss, liability, expenses or damage of whatsoever nature resulting from any action instituted by a third party arising out of the infringements of any third party’s trade secrets, proprietary or personal rights.

8. RISK AND CUSTOMER PROPERTY: The customers acknowledges and agrees that;

a. All materials and products supplied by the customer will be held at the customer’s risk.

b. The selected printer will not be liable for increased costs or imperfect work due to unsuitable materials or processes not supplied by them or wastage of the customer’s materials in the normal course of production.

c. It is the customer’s responsibility to retain an original copy of all electronic manuscripts or image media provided to the selected printer or its employees.

9. PROPRIETARY INTEREST AND CONFIDENTIALITY: All work relating to the manufacture of any products supplied by the selected printer shall remain its property, including films, plates, samples and altered electronic media originally supplied by the customer. The parties agree that all rights, title, copyright in and to trade secrets and confidential information shall remain the exclusive right of such parties.

10. GENERAL: Any changes in this agreement must be effected in writing and signed by an authorised official of both parties. No indulgence which the selected printer may grant to the customer shall constitute a waiver of any of its rights against the customer which may have arisen in the past or which may arise in the future. In the event of a dispute arising between the parties to these trading terms then and in such event the dispute may be referred to the Printing Industries Federation of South Africa for arbitration whose decision will be binding and final on the parties hereto.