In these terms -"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, including any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller to Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buyer's order, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; “Pro-forma Invoice" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, which contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order.
Where quoted, stock of Goods is available at the time of Pro-forma Invoice however, cannot be guaranteed by the Seller until such time as a firm written order / Purchase order is received from Buyer. The Seller requires the Buyers billing details including full company name, contact person, telephone number, VAT number and delivery address.
3. Expiration of Quotation
Kindly take note of expiration of quotation as this varies dependent price increases / deadlines / stock availability and time of year when ordering.
4. Pricing, Payment and Lead Times
All branded goods pricing is quantity based, should quantities decrease pricing will increase. E&OE. 75% deposit incl. VAT required on all branded orders. Branding will commence once payment is received. Lead times are normally a maximum of 5 - 7 working days from artwork approval or as otherwise stated. Different methods of branding may attract longer lead times, allow an additional day for delivery. Custom made goods will attract longer lead times. Balance of payment is required within 3 working days of goods being ready. Goods remain the property of One Stop Corporate Marketing until paid in full.
Periods between October and December may attract longer lead times for branded goods due to this being the busiest time of the year.
ZAR Cash payments will attract an additional 5% of the invoice value. Foreign currency payments will attract the additional forex fee as charged by Financial Institution.
Unbranded goods require 100% payment and are couriered locally within 24 hours of full payment received.
Electronic proofs will be submitted via e-mail. Only written acceptance or changes on proofs will be accepted by the Seller. It is the responsibility of the Buyer to check all proofs for spelling mistakes, sizing, colours etc. It is the responsibility of the Buyer to provide the Seller pantone colours applicable to logo. Acceptable formats of logos are Vector, EPS or high resolution PDF. No Jpeg, Word, Tiff artwork is accepted. A maximum of 3 artwork changes per job is permitted for proof sheets, thereafter R300.00 ex Vat will be charged for further changed to electronic artwork.
Local areas mean: Johannesburg / Pretoria – main areas. Free delivery applies to local area orders in excess of R13 500.00 excl VAT. Local area orders under R13 500.00 excl VAT will attract a R250.00 excl Delivery fee VAT fee. This may increase dependent on amount of boxes / weight. The Seller makes exclusive use of courier services and cannot be held liable for delays in delivery caused by legal / illegal strikes, Acts of God or delivery due to mechanical failure / accidents caused with en route deliveries.
Other Areas within South Africa
All shipping costs are for the account of the Buyer.
All costs relating to exporting and shipping are for the full cost of the Buyer.
7. Shop Logo 24 Orders
See Website for Shop Logo 24 Terms and Conditions
8. Other Rush Jobs (not offered on Shop Logo 24)
Orders required within 24 - 48 hours of approval and receipt of payment, will attract an additional rush fee dependent on quantity of goods / branding method etc. if production capacity allows.
The Seller does not keep any stock. Any samples required by the Buyer are to be paid for in full by the Buyer including shipping costs and VAT. Samples returns must be made to the Sellers or other physical address as stated within 5 working days where after the Buyer will be credited. Samples returned must be in its original packaging together with all relevant tags and must be unused / unworn to secure credit. Goods under R100.00 excluding VAT will not be credited.
Shipping of samples will not be credited from the Seller to the Buyer.
10. Clearance / Specials
No returns will be accepted on products advertised as clearance / special stock.
11. Alterations to Garments
An additional cost will be charged for all alternations to standard clothing items, i.e. resewing of pockets if pockets are loose; shortening of sleeves, additional reflective tape etc.
12. Returns – Garment Sizing
No branded goods may be returned if not defective. Such claims must be raised as set out in section 17 below. Garments sizing specifications are available on request at all times, it is the responsibility of the Buyer to ensure correct sizes are obtained prior to ordering. Should the garment sizing be incorrectly ordered, the Seller will not be held liable. ?Return of goods, if not at fault by the Seller will be at the cost of the Buyer, including additional courier / delivery costs.
13. Cotton / Denim clothing or gifting products
Kindly note that an acceptable tolerance of shrinkage on cotton / denim items is 5%. Kindly adhere to washing instructions where applicable.
14. Actual Goods
Kindly note that actual goods may vary in colour or size and One Stop Corporate Marketing will not be accountable for any such variances.
Orders supplied in whole or in part, pursuant to Buyer's specifications, may not be cancelled once placed in writing unless Seller agrees. Should Seller agree, a 20% handling fee on invoice value inclusive of VAT will be invoiced to Buyer.
16. Retention of Title
Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt by Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred in the Goods, it holds the Goods as Bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly showing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwithstanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such storage, usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller.
a) Seller warrants that Goods sold meet their descriptions or specifications, subject to use, storage and application thereof for 14 days after delivery
b) Unless otherwise restricted by mandatory applicable law, the warranty set forth herein is expressly in lieu of all other warranties, whether expressed or implied, including, without limitation any and all warranties of merchantability, quality for use and for purpose, any advice and recommendation and any obligations or liabilities which may be imputed to seller, any and all of which are hereby expressly disclaimed, denied and excluded. Buyer expressly agrees that no warranty that is not specifically stated in this quotation / invoice / presentation will be claimed or otherwise adhered to by Buyer and / or by anyone acting on Buyer’s behalf and / or by anyone deriving the legality of its claim from Buyer, nor that will any such warranty be valid. Seller neither assumes nor authorises any other person to assume for it, any other liability in connection with the sale, use or handling of any and all goods specified or contemplated by this terms and conditions. No warranty is made with respect to any of these goods which have been subject to accident, negligence, alteration, improper care, improper storage, improper maintenance, abuse or misuse.
18. Claims and Liability
a) Seller shall within 5 working days after delivery of the Goods, received from Buyer provide written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the order, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the terms and conditions and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty.
b) In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods.
Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes or intends to make of the Goods.(Refer to point 14).
20. Conflict - Orders
In the event of any conflict between the terms herein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to the foregoing, nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein, whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in-persona and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. The Buyer shall refrain at all times and for whatever purpose from infringing, contesting, disputing or questioning such rights, patents, trademarks, titles or interests, nor shall it aid or allow others to do so, regardless of whether directly or indirectly. No modification or waiver of any provision hereof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default.