TERMS AND CONDITIONS
 
  1. Definitions
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.
 
  1. Orders
Where quoted, stock of Goods is available at the time of proforma 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.
 
  1. 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.
 
  1. Pricing and Payment
All branded goods pricing is quantity based, should quantities decrease pricing will increase. E&OE. Subject to the provisions of the Consumer Protection Act, no 68 of 2008, as amended, if applicable, all prices/rates are subject to alteration without notice, and orders will be processed at the price/rate applicable at time of dispatch. All prices/rates quoted by the Seller are based on, but not limited to, foreign exchange, freight-/ insurance-/landing charges, dock-/customs-/import duties, rail- and statutory wage rates applicable at the time of negotiations for the purchase of the goods to which the invoice in question relates, and consequently, any variation in such prices/rates will be for the account and be borne by the Buyer, with notice. Branded orders require a 75% deposit incl. VAT upfront when written order is placed. Unbranded and custom-made goods require a 100% upfront payment when written order is placed. All payments are to be made via EFT to the Sellers bank account. ZAR Cash payments will attract an additional 5% of the invoice value. Foreign currency payments will attract the additional forex fee as charged by Sellers Financial Institution.
Balance of payment is required prior to delivery. Goods remain the property of the Seller until paid in full. Unbranded goods require 100% payment upfront and are couriered locally within 24 hours of full payment received.
 
  1. Branding and Lead Times
The Buyer must provide the Seller pantone colours, sizing and positioning applicable to logos. 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, thereafter R300.00 ex Vat will be charged for further changes to electronic artwork. 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 24 – 72 hours additional day for delivery (dependent on area). Custom made goods will attract longer lead times. 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 proofs for spelling errors, sizing, colours etc. Once written approval is received, no further changes will be permitted. Artwork redraw is available at an additional cost, dependent on the logo to be redrawn and the amount of time to redraw. Periods between October and December may attract longer lead times for branded goods due to this being the busiest time of the year.
Electronic proof may vary from actual branded item due to branding method used, branding size available or grain / material item is made of.
 
  1. Shipping
The Seller makes exclusive use of courier services and all delivery costs are for the account of the Buyer. Where delivery fees are quoted, this is subject to change due to weight of products, number of boxes and dimensions. The Seller 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.

International Orders
All costs relating to exporting and shipping are for the full cost of the Buyer.
 
  1. Other Rush Jobs
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. provided production capacity allows. This will not be available from September to December due to this being the industries busiest time of the year.
 
  1. Samples
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. Return Shipping of samples are for the account of the Buyer.
 
  1. Clearance / Specials
No returns will be accepted on products advertised as clearance / discontinued or special products.
 
  1. 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. This only applies to certain products.
 
  1. Returns – Garment Sizing
No branded goods may be returned if not defective. Such claims must be raised as set out in section 17 below. Garment’s sizing specifications are available on request, 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 for the cost of the Buyer, including additional courier / delivery costs.
 
  1. Size / Colour Tolerance
Kindly note that an acceptable tolerance of shrinkage on cotton / denim items is 5%. Kindly adhere to washing instructions where applicable.
Regarding shading / sizing of goods, please note the suppliers have many factories globally producing such goods, and although all attempts are made to keep shading / sizing as close as possible to what is advertised electronically or in catalogues, this could never be perfect. Accepted colour swatches are sent to laboratories; however, no guarantee can be given on any 100% colour match. A 10% international shading tolerance of one shade either side (lighter or darker) therefore applies. A 5% sizing tolerance applies particularly on any products that are sewn.
 
  1. Actual Goods
Kindly note that actual goods may vary in colour or size and the Seller will not be accountable for any such variances.
 
  1. Cancellation
Orders supplied in whole or in part, pursuant to Buyer's specifications, may not be cancelled once placed in writing unless Seller agrees. Should the Seller agree, a 20% handling fee on invoice value inclusive of VAT will be invoiced to Buyer.   NO RETURNS OR CANCELLATIONS ON ANY COVID RELATED GOODS.


Covid Product Orders
All Covid products orders need to be paid for upfront. Payment secures order. Any Covid related goods ordered may not be cancelled or returned.
 
  1. 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.
 
  1. Warranty
  1. Seller warrants that Goods sold meet their descriptions or specifications, subject to use, storage, and application thereof for 14 days after delivery
  2. 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 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, 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 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.
 
  1. Claims and Liability
  1. 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.
  2. 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.
  3. All original boxes received must be kept until all stock is checked, boxes are weighed and labelled according to content, should shortages be experienced by Buyer, the seller will be able to do a repack / reweigh to verify this thus comparing the labelled original boxes. Photos of labels on original boxes must be sent to Seller should there be a dispute with shortages.
 
  1. Advice
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. If Buyer is unsure of goods, a purchased sample is recommended first.
 
  1. 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 always refrain 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.
 
  1. Disclaimers & Information
Colours of actual items may vary slightly from printed colours shown. All product sizes have been indicated in centimetres. Sizes may vary slightly from those provided. Product images may vary slightly from actual products due to inherent limitations in photography, film separation and printing. We have endeavoured to ensure that the details provided in all electronic formats and in the catalogue are accurate, however mistakes can occur. Should you have any questions / uncertainties regarding information in the catalogue / website / specifications e-mailed to you, please liaise with your account manager, or request a sample for confirmation prior to placing your order (refer point 9. Above).
Unless specifically stated, products pictured in all electronic formats and in the catalogues excluded accessories, accessories are used for propping and illustration purposes. By legislation, all mints and personal care products include a sticker, listing ingredients, expiry date and importer information.
The artwork, designs and trademarks imprinted on all products are reproduced only as examples of the type and quality of branded products available. They are not intended to represent that they are endorsed by or produced for the owners of the artwork, design, or trademark. E&OE.