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Introduction 

The supply of all goods by Brandtastic 101 Printing to its customers are made upon the terms of this agreement as follows.

Definitions

For the purpose of this document the following expressions shall have the meaning assigned to them below:

1.  Brandtastic 101 Printing' means ...and all subsidiary or associated companies
2. 'Customer' shall mean the individual, company or juristic entity in whose name the order is placed or made out to
3. 'Goods' shall mean the items ordered by customer as described on any final purchase order.
4. 'Writing' includes fax transmission, electronic mail and comparable means of communication.

     

    Interpretation and Application 

    1. These terms and conditions supersede all terms and conditions binding between the parties, including those appearing in any of Brandtastic 101 Printing's product catalogues or other documents.
    2. The terms of use on the Brandtastic 101 Printing website www.Brandtastic101Printing.co.za shall apply to all online orders. In the event of any conflict between these terms, or any agreement, then the terms of this agreement shall be binding, unless otherwise stated in writing.
    3. Each purchase order constitutes a separate agreement of sale. All purchase orders are made upon these terms and conditions, and no additional, or alternative, terms or conditions will apply to a purchase order unless agreed to in writing.
    4. Headings are inserted for reference purposes only and do not bear upon the interpretation of any clause.
    5. The provisions of this agreement shall be binding upon the successors-in-title and the permitted assigns of the parties. Accordingly, the rights and obligations of each party pursuant to this agreement shall devolve upon and bind the parties' personal representatives, successors-entitle and permitted assigns.
    6. Any reference to words relating to the singular shall mean and include the plural, and vice versa, where the context permits or desires, and any words relating to natural persons shall mean and include associations or persons having corporate status by Statute or common law, and close corporations, and vice versa where the context permits or desires.


    Samples
    1. Customers may obtain samples of goods to assess their suitability, design, quality and specifications. Samples can be retained for seven (7) days, where after they must be returned in their original condition and packaging without any damage.
    2. Samples will be invoiced to the customer on dispatch and will be repaid or credited in full, when returned to Brandtastic 101 Printing, unused and within seven (7) days of delivery, failing which the sample cost shall become immediately payable.


    Customised and Unique Goods 
    1. Brandtastic 101 Printing offers certain customisation services to its goods, including embroidery, branding, alterations and amendment of design specifications. The customer shall approve and sign-off all customisations prior to production.
    2. No customisation will be done unless approved or signed-off by the customer. Brandtastic 101 Printing may require upfront payment prior to engaging in any customisation service.
    3.The customer shall ensure that any artwork, graphics or customisation details and requirements (even when not supplied by the customer) are accurate and satisfactory prior to the customisation being effected.
    4. Notwithstanding anything contained to the contrary in this agreement, the offer, acceptance and completed sale - in respect of customised goods- shall occur upon confirmation of the customisation service/s and production thereof. Once an order has been approved by Brandtastic 101 Printing, no further changes to the order shall be permitted or done.


    Prices 
    1. Prices are “ex-works” and are exclusive of delivery charges, insurance, value added tax, levy or any other tax or impost.
    2. Prices on any final pro-forma invoice may vary from the unit price which may appear in a catalogue or interim quotation - inline and depending on purchase quantities, stock availability and other purchase order amendments and commercial factors.
    3. All quotes are valid for a period of 7 days.
    4.Prices may be revised or amended at any time without prior notice prior to Brandtastic 101 Printing's acceptance of any order.


    Ordering of Goods
    1.The Customer shall make themselves aware and abide by the Brandtastic 101 Printing product ordering procedure, as may be amended and advised to them from time to time, and shall make appropriate and sufficient inquiries and determinations of the design, specifications and quality of goods prior to initiating a purchase order.
    2. Orders can be initiated through the online website ordering process, or by emailing or phoning the Brandtastic 101 Printing Sales Department. Telephone calls may be recorded.
    3. Confirmation and details of the purchase order details shall reflect on the specific online customer profile.
    4. The purchase order shall be sent to the dispatch department for picking and packing.
    5. The customer shall ensure that the details are set out in any confirmation are accurate and in accordance with the customer's requirements. Any amendments or cancellation of purchase orders prior to delivery must be communicated to Brandtastic 101 Printing. The amended purchase order confirmation will appear on the customer's online profile. Any applicable restocking fee shall apply.
    6. A purchase order confirmation may contain further terms of sale, including terms of payment, quantities and payment deposits.
    7. A purchase order may be cancelled by Brandtastic 101 Printing if the customer have any previous overdue invoices or the customer is in default of this agreement.
    8. Brandtastic 101 Printing reserves the right to refuse to accept the return of goods ordered in error or are no longer required. Brandtastic 101 Printing's acceptance of returned goods may be made at their discretion and as a gesture of goodwill.

    Branding of goods

    Branding will only commence once full payment for stock and branding has been received (where a customer does not have credit facilities with Kevro) and artwork has been approved. Standard lead-time is seven calendar-days subject to artwork being submitted in the correct format and layouts are signed off within 72 hours. The lead-times may need to be extended on large quantities. For Screen and Pad Print more than 3,000 prints, for Embroidery, Laser and Digital more than 1,000 designs. Personalization will be excluded from normal lead-times. Excludes freight/transport time from JHB to branches as well as picking time once delivery has been made to branches. Every effort will be made to maintain the shortest possible lead-time, please discuss with your Relationship Consultant. Acceptable file formats: Vector artwork is preferred (no MAC files) – (.CDR / .EPS /.AI / .PDF). Formats we do not accept: Word files, .gif, .jpeg (under 300dpi), Power Point and Free Hand. Fonts need to be converted to curves. Artwork not received in the correct format will attract a redrawing fee of R250 excl. VAT and require 24 hour lead-time. All artwork requests, approvals and proof of payments are to be sent to the relevant branch personnel. Pre-production samples may be charged for and run as a separate order. A tolerance of up to 2% is allowed for rejects. Kevro cannot accept returns on incorrect items which have already been branded regardless of whether it’s Kevro’s fault or not.

    On digitising of embroidery we reserve the right to request a price increase if the artwork exceeds the maximum allowed stitches per blocked threshold.  Please refer to the Branding Price list for details.


    Payment 
    1. All purchases are regarded as cash on delivery, payable against invoice, unless otherwise agreed to in writing.
    2. Brandtastic 101 Printing may however extend payment terms to certain pre-approved customers. Application and approval must be obtained in writing, setting the payment terms and conditions.
    3. In respect of COD customers - payment must be made by means of EFT transfer, in accordance with any payment conditions, and within 24 hours of the date of notified delivery or dispatch. Delivery may not be effected until payment has been made.
    4. In respect of orders less than R2500 (or such other amount as Brandtastic 101 Printing may determine) payment may be effected in a manner as directed from time to time.

    Card Transactions (DPO Paygate)

    1. Delivery policy
    Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of email from Courier IT to the email address used when registered online with www.brandtastic101printing.co.za Courier cost included with payment.

    2. Export restriction (Optional)
    The offering on this website is available to South African clients only.

    3. Customer Privacy policy
    Brandtastic 101 Printing shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
    http://www.polity.org.za/attachment.php?aa_id=3569 .

    4. Payment options accepted
    Payment may be made via Visa and MasterCard or direct EFT.

    5. Card acquiring and security
    Card transactions will be acquired for Brandtastic 101 Printing via PayGate (Pty) Ltd who are the approved payment gateway for all South African acquiring banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

    6. Customer details separate from card details
    Customer details will be stored by Brandtastic 101 Printing separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

    7. Merchant Outlet country and transaction currency
    The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

    8. Responsibility
    Brandtastic 101 Printing takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

    9. Country of domicile
    This website is governed by the laws of South Africa and Brandtastic 101 Printing chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Plot 230 Kameelfontein Pretoria 0035 .

    10. Variation
    Brandtastic 101 Printing may, in its sole discretion, change this agreement or any part thereof at any time without notice.



    Delivery 
    1. "Delivery" is defined in this agreement as either the collection of the goods by the customer (or their agent) from Brandtastic 101 Printing's premises, or the delivery of the goods to the customer's nominated address.
    2. Collection shall be made within two working days after notification to the customer. Collection times are between 8am and 5pm on work days.  Delivery dates are approximate only. Time for delivery shall not be of the essence.Brandtastic 101 Printing does not give any warranty as to the time or speed of the preparation and/or packaging of any purchase order. Brandtastic 101 Printing shall however use its best efforts to expedite preparation of all orders bearing in mind:
    2.1 the quality of the goods ordered;
    2.2 the complexity and differentiation of the orders; and
    2.3 any customisation to the goods
    3. The goods may be delivered or offered for collection by Brandtastic 101 Printing in advance of the quoted date.
    4. Brandtastic 101 Printing reserves the right to split the packaging, or delivery, of any purchase order in different branches.
    5. The customer shall at their own expense make proper provision for the transport and/or collection.
    6. Acceptance of delivery (including collections) shall be evidenced by the customer (or its agents - including employees or representatives) signing the invoice, purchase order or waybill.
    7. If for any reason the customer is unable to accept delivery of the goods when tendered by Brandtastic 101 Printing, then the goods may be stored by Brandtastic 101 Printing (subject to adequate storage space, and for a maximum of 14 days) until delivered and the customer shall be liable for the storage costs. This provision shall be in addition to and not in substitution of any other payment for which customer may become liable in respect of the failure to take delivery at the appropriate date.
    8. If incorrect or damaged goods are delivered the customer must notify Brandtastic 101 Printing within three business days of delivery providing full details of the alleged damaged or incorrect goods.
    9. Returns of such damaged or incorrect goods (notified to Brandtastic 101 Printing in writing within the relevant time period) will give the customer the option of replacement of goods. Replacements claimed outside of the relevant time period will be at Brandtastic 101 Printing's discretion.
    10.     The customer shall notify Brandtastic 101 Printing in writing of any irregularities, including short-delivery within three working days of the delivery, and of non-delivery within three working days of the date upon which delivery was scheduled to take place.


    Return Policy 
    1..  Notwithstanding anything contained to the contrary, no customer shall be permitted to return any goods without Brandtastic 101 Printing's consent, except in accordance with this paragraph.
    2.     The customer may cancel a purchase order prior to collection or delivery, subject to the payment of a handling fee of 20% of the amount purchase order cancelled.
    3. The customer may cancel a purchase order and return the purchase goods after delivery, subject to the payment of a handling and restocking fee of 30% of the purchase price of the goods so returned. Brandtastic 101 Printing extends this as a gesture of goodwill and without admission of any legal obligation to accept the return of purchased goods, after collection or delivery.
    4.     The return of goods shall apply only to goods that have not been made to order, customised or personalised in any way, have not been worn, or altered, are still in the original packaging and are otherwise fit to be returned to stock.
    5. If faulty or defective goods are returned to Brandtastic 101 Printing for replacement. Complaint regarding faulty delivered goods must be made in writing to Brandtastic 101 Printing within five days of delivery failing which the goods shall be deemed to be free of any deficiency or defect. Brandtastic 101 Printing reserve the right to credit or refund the purchase price in lieu of replacement.


    Warranties 
    1. Subject to the customer abiding and complying with the terms of paragraph 4 of this agreement, goods are sold subject to a limited six month warranty against defects in workmanship and materials, as the result of normal use.
    2. Brandtastic 101 Printing offers no warranty and shal bear no liability in respect of any defect or damage arising from fair wear and tear, willful damage, negligence, abnormal working conditions, misuse or alteration of the goods, or unintended or unreasonable use.
    3. Brandtastic 101 Printing offers no warranty and is not liable for any damage arising from rips, tears, abrasion, UV degradation, misuse or neglect, it being recorded that fabrics deteriorate and fade over time and moving parts wear out, and that goods may suffer from differing degrees of wear and-tear, depending upon the user.
    4. Warranty claims shall be notified by the customer to Brandtastic 101 Printing within seven business days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect.
    5. Brandtastic 101 Printing may elect to replace or repair the goods free of charge or refund the purchase price of the returned warranted goods, where after Brandtastic 101 Printing shall have no further liability to customer.
    6. Refunds shall be paid within 30 days of the return of the warrantied goods.
    7. The warranty is available only to the customer and is not transferable.
    8. Save as expressly provided herein, Brandtastic 101 Printing makes no warranties and there are no conditions of this agreement that the goods are fit for their purpose or of merchantable quality.
    9. The customer shall make themselves and procure, that any third party purchaser or end user is aware of the tenor of paragraph 4 of this agreement, and to comply with design quality and care specifications as may appear on swing tags of certain goods..
    10. The limited warranty is in lieu of any other express warranty.
    11. No agent, employee or representative of Brandtastic 101 Printing has any authority to bind, affirm, represent Brandtastic 101 Printing or offer to make any warranty except as stated herein.


    Liability 
    1. In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time - which imposes any duty, liability, obligation on either of the parties, or impacts on any provision of this agreement, then such provision shall be superseded and controlled by the statute, ruling or order
    2. Save as provided for in paragraph 13 above, all warranties representations guarantees conditions and other terms which could be implied into a purchase and sale by law are hereby excluded.
    3. Brandtastic 101 Printing shall in no manner be liable for any consequential, incidental damages, loss of profits, personal injury or damage to property or for any loss to customer arising from third party claims occasioned, caused or arising from the sale of the goods or by delay in delivery or otherwise arising or caused.
    4. In the event that Brandtastic 101 Printing is liable to the Customer for damages, such claim shall be limited to the invoice value (ex-VAT) of the purchased goods giving rise to such claim.


    Risk and Ownership 

    1 Brandtastic 101 Printing shall retain ownership of all goods until the purchase price has been paid in full, and until such time, the customer shall


    1.1      maintain the goods in their delivered condition

    1.2      not destroy, deface or obscure any identifying mark or packaging on or relating to the goods and

    1.3     store the goods separately as agent, so that they remain readily identifiable as Brandtastic 101 Printing property (at no cost to Brandtastic 101 Printing).

    2 Risk in the goods (including their loss or destruction) will pass to the customer upon collection or delivery.

    3 If the customer directs or agrees that the goods be delivered or given into the possession of a third party, then such party shall be deemed to be acting as the customer’s agent in acceptance of delivery, and the terms of this agreement shall apply.

    4 In the event that payment is not made on due date, then notwithstanding any other rights or remedies available to Brandtastic 101 Printing in protection of their rights, they may request the return of all or part of such goods, without incurring any liability to the customer, and failing such return, Brandtastic 101 Printing shall be entitled, and permitted to enter the premises where the goods are being stored to remove same - to which the customer hereby consents and agrees. Unforeseen Events Brandtastic 101 Printing will not be deemed to be in breach of the fulfilment of any purchase order if unable to comply with any contractual obligation because of any event or circumstance beyond their control and in any such event or circumstance Brandtastic 101 Printing will be entitled to extend the time for complying with their obligations under a purchase order by a reasonable time and (if still not able to comply with the obligations after such reasonable extension) Brandtastic 101 Printing may thereafter terminate the purchase order in question by written notice to the customer.

    Intellectual Property Rights 

    1. All copyright, trademarks, patents and other industrial or intellectual property rights relating to, displayed on or incorporated in, any written or printed material, brochure or Brandtastic 101 Printing goods may not be reproduced, used or exploited in any manner whatsoever.

    2. The customer hereby indemnifies Brandtastic 101 Printing from and against all costs claims and liabilities suffered or incurred as a result of the customer using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor. Patent or Trade Mark Infringement in Respect of Customised Goods

    3. The customer hereby indemnifies Brandtastic 101 Printing against all damages penalties costs and expenses to which Brandtastic 101 Printing may become liable, if any work done in accordance with customer's specification involves an infringement of a registered design, patent trade mark trade name, or other right.

    4. The customer undertakes and warrants that any design or instructions furnished or given shall cause Brandtastic 101 Printing to act unlawfully, including the infringement of any patent, registered designs, trade mark or trade name in the performance of any customisation service.

    Confidentiality

    The customer shall and undertakes to keep all price lists, and other information identified by Brandtastic 101 Printing as being secret and confidential.

    Breach

    Should either party commit a material breach of this agreement and fail to remedy such breach within 14 (fourteen) days of written notice requiring the breach to be remedied, then the party giving the notice will be entitled, at its option, either to cancel this agreement and claim damages or to claim specific performance of all the defaulting party's obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

    Domicilia

    The parties choose as their domicilia citandi et executandi their respective addresses as set out in their online profile for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered.

    General 

    1. This agreement constitutes the whole of the agreement between the parties relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties.

    2. Each and every provision of this agreement shall be deemed to be separate and severable from the remaining provisions of this agreement. If any of the provisions of this agreement is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this agreement shall be and remain of full force and effect.

    3. No other terms or conditions, whether oral or written, and whether express or implied, apply. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

    4. No waiver of any of the terms and conditions of this agreement will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given.

    5. No failure or delay on the part of either party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

    6. This agreement shall be governed in accordance with the laws of South Africa.