Terms & Conditions
1. COMMENCEMENT, DURATION AND APPLICATION
- The Brandability terms and conditions shall commence to apply upon signature of the Confirmation of Order by the Client in each instance.
- The Brandability terms and conditions shall apply and endure until the services and/or products and/or orders quoted for and accepted by the Client are rendered and/or delivered to the satisfaction of the Client and in line with the terms and conditions and until full payment of Brandability’s invoice(s) have been made by the Client in each instance.
- Brandability shall provide the Client with a quotation for services and/or products required by the Client, which quotation shall be valid for the period as indicated on the quotation or, in the absence of such period being stipulated, for a period of 7 (seven) calendar days.
- Quotations are subject to the availability of products and/or services and are subject to any increases in price or costs, including currency fluctuations, which may occur before the order is accepted by the Client.
- Quotations are subject to stock availability at the time of confirmation of the order by the Client, whether by way of paying the deposit or by purchase order.
- The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products ordered are correct and suitable to its intended purpose. Brandability will not be liable, in any manner of form, for incorrect product selection by the Client. For this reason, Brandability strongly recommends that the Client views, purchases or makes use of Brandability’s free sample offer before placing the order.
- First time Clients are entitled to one free sample to the value of R 20.00 (twenty Rand). Existing Clients are entitled to one free sample to the value of R 50.00 (fifty Rand). All free samples are unbranded. The cost of delivering and returning free samples, is the responsibility of the Client. Brandability do not dispatch to post office boxes and free samples cannot be collected.
- Samples may be purchased through the Client’s account manager and may either be collected from one of Brandability’s offices or delivered to the Client’s premises in line with the delivery provisions under the Delivery heading.
- All sample orders need to be paid for and collected within 5 (five) business days of receiving the invoice, failing which the products will be returned to stock and the order cancelled. If the Client proceeds to place an order after purchasing a sample, the Client will be refunded in full for said sample.
- Sample products with a value of less than R 150.00 (one hundred and fifty Rand) may not be returned for a refund. Sample products with a value over R 150.00 (one hundred and fifty Rand) may be returned within 5 (five) business days from date of purchase for credit or a refund, at the discretion of Brandability. Sample products returned after 5 (five) business days will not be refunded or credited. The cost of returning samples are for the Client’s account.
- Returns of sample products will only be processed if they are returned with the collection slip relevant to the sample products, in its original condition and in its original undamaged packaging. Damaged product samples or product samples with damaged packaging will not be accepted for return.
- Brandability reserves the right to, at its discretion, refuse dispatch of any product sample.
4. PRODUCT SELECTION AND ORDERS
- The Client is to place orders with Brandability in writing by completing the Confirmation of Order. Orders shall only be regarded as accepted upon written confirmation thereof by Brandability. Payment of the deposit by the Client does not constitute acceptance of orders.
- Brandability will execute the Client’s order/s once the deposit is paid by the Client, written confirmation of the order has been provided to the Client by Brandability and the supplier has confirmed that the stock to be ordered is available.
- A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client. Quotations are subject to stock availability at the time of confirmation of the order. Special import items require, without exception, a 75% (seventy five per centum) deposit of the quoted amount.
- Brandability is entitled to refuse any order placed by the Client.
- As stock changes occur on a daily basis, stock availability cannot be guaranteed by Brandability until the deposit has been paid, the confirmation of order has been signed and the stock availability has subsequently been confirmed by the supplier.
- Brandability is entitled to refuse any order placed by the Client.
- The Client acknowledges that it is the Client’s sole responsibility to determine and ensure that the products ordered are correct and suitable to its intended purpose. Brandability will not be liable, in any manner of form, for incorrect product selection by the Client.
- Lead times for orders will be deemed to commence on the date and time that Brandability received all signed off approvals of the artwork and payment of the funds have cleared in Brandability’s bank account.
- Once an order has been confirmed as defined in clause 4 (a) and (b) above, cancellations for that order will only be entertained if no branding has taken place and will be subject to a 25% (twenty five per centum) handling and administration fee. A further R 350.00 (three hundred and fifty Rand) per artwork layout will be charged if artwork layouts were created.”
- No cancellations of an order will be accepted on any branded items, custom made items or specially imported items and the Client shall be liable for full payment of the order.
- Orders may be cancelled by Brandability in any case of fortuitous event or any other circumstances whatsoever beyond its control.
- Fully paid orders that remain uncollected or undeliverable for 30 (thirty) calendar days will be donated to local charities.
5. RUSH ORDERS
- Brandability provides a rush order service in terms whereof completion of urgent orders are guaranteed within 2 (two) to 5 (five) business days subsequent to approval of the artwork at an additional fee, equal to 10% (ten per centum) of the total value of the order and full payment of the order reflecting in the bank account of Brandability.
- The completion date for the order will be confirmed in the confirmation of order prior to Brandability executing the order.”
- Rush orders are subject to the Client adhering to the deadline for approving artwork, as stipulated in the artwork approval email. Rush orders are also subject to Brandability receiving cleared funds for the full amount prior to dispatch.
6. ARTWORK FOR BRANDED GIFTS
- Brandability will furnish the Client with an artwork approval via e-mail or another electronic format. The artwork will illustrate the appearance of the Client’s logo or other image, as provided to Brandability by the Client, on the chosen product. The Client needs to sign off the artwork and no further services will be rendered by Brandability until Brandability is in receipt of the duly completed signed off artwork approval.
- The Client is to specifically indicate, in writing, whether permanent branding is required.
- The delivery date may be affected if changes to the artwork are requested by the Client as the changes require a new layout which will need approval and sign off by the Client again. Brandability shall not be responsible or liable for delays in delivery caused by artwork changes. Any changes requested and made subsequent to approval of the artwork and subsequent to plates/screens being made shall incur additional costs for the Client.
- The Client is to approve the artwork within 7 (seven) calendar days from the final artwork layout being sent to the Client, failing which the stock will be returned to the warehouse and a cancellation fee equal to 25% (twenty-five per centum) of the total value of the order shall be charged. No artwork approvals will be accepted telephonically.
- The Client is to partake in the process of reviewing and checking the artwork for spelling mistakes and errors relating to e.g. item colours, sizing, image colour and image locations and is to do so before signing off and approving the artwork/order. Brandability shall not be responsible or liable for erroneous interpretations of the artwork/order, typographical errors overlooked and later approved by the Client and/or any damages suffered by the Client as a result of the erroneous artwork/order being printed as accepted and approved by the Client.
- If the Client selects custom designs in instances where pre-designed templates are offered by Brandability, a design fee of R150.00 (one hundred and fifty Rand) per hour will be incurred by the Client.
- Brandability offers a free artwork redraw which allows for 2 (two) revisions of 2 (two) images per order. Thereafter revisions and additional images will incur an additional fee of R 150.00 (one hundred and fifty Rand) per hour for the Client.
- The Client specifically acknowledges that layouts sent in colour via email are not necessarily a true reflection of the colour but a mere indication of what the product will look like due to the variations in computer monitor colouring. Printing colours will be matched as close as possible to Pantone colours or swatches supplied. Brandability cannot guarantee a 100% colour match due to the different materials used in promotional products.
7. PAYMENT AND RELEASE OF ORDERS
- A deposit equal to 50% (fifty per centum) of the quoted amount, or if the quoted price fluctuated in the time between the quotation and the order, 50% (fifty per centum) of the adjusted amount, is to be paid by the Client. The remaining 50% (fifty per centum) of the invoice, along with any additional costs, are to be paid upon request, prior to delivery or collection. This outstanding amount is to be paid within 7 (seven) calendar days of such request being made. Interest of prime plus 2% (two per centum) will be incurred on all overdue amounts along with daily storage fees.
- Rush orders will incur an additional fee, equal to 10% (ten per centum) of the total value of the order. Rush orders, orders for unbranded items and orders for special import products require full payment of the order to reflect in the bank account of Brandability before Brandability shall confirm the order.
- 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 Brandability 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 Client, with notice.
- Brandability prefers payment by way of electronic funds transfer. Cash payments will incur a 1.75% (one point seven five per centum) handling fee. Orders paid for by cheque will only be proceeded with or released once the payment has cleared in the bank account of Brandability.
- All payments made by the Client to Brandability shall be made free of deduction, set-off, bank charges and commissions and shall not be withheld for any reason whatsoever. Any extension of the due date for payment shall be valid only if reduced to writing. Discounts shall be forfeited on overdue amounts.
- Brandability may, at its sole discretion, extend a 30 (thirty) day incidental credit facility to the Client and may, at its sole discretion, amend or withdraw such facility. Incidental credit facilities are to be approved in writing. Interest of 2% (two per centum) will be incurred on all overdue amounts.
- Orders will only be released for collection or dispatched for delivery once payment in full, including interest, if applicable, reflects in Brandability’s bank account. A company purchase order may, at the sole discretion of Brandability, be accepted. Brandability shall not be liable for missed deadlines due to non-payment or late payment by the Client.
- Goods remain the property of Brandability until paid in full. The risk in and to the products shall pass from Brandability to the Client upon the date of delivery thereof by Brandability to the Client or their agent. Any delivery notes or waybill (be it a copy or an original) signed by the Client, a representative of the Client (e.g. secretary, security) or a third party engaged to transport the products shall be conclusive proof that delivery was made to the Client.
- Should Brandability be required to institute legal proceedings to enforce its rights in terms of the contract with the Client, the Client agrees to be liable for and pay Brandability’s collection commission, tracing fees as well as its legal fees on the scale of attorney and own client.
8. COLLECTION AND DELIVERY
- Unless alternative arrangements have been made with, and accepted by, Brandability, the Client is to collect the order or accept delivery within 14 (fourteen) calendar days from the Client being advised as such. Orders not collected or delivered within 14 (fourteen) calendar days will be charged storage fees or sold to offset Brandability’s costs.
- Orders above the value of R 1 000.00 (one thousand Rand) being delivered to a single destination point in either Cape Town, Johannesburg, Durban or Pretoria on a 3 (three) to 5 (five) day delivery, qualify for Brandability’s free delivery option. Free Delivery excludes freight insurance which remains the Client’s responsibility.
- For orders that do not qualify for free delivery, Brandability will quote the Client using an external courier service to effect delivery, and once accepted and paid by the Client, Brandability will arrange for goods or orders to be delivered to the Client’s address.
- Should the Client require freight insurance, the Client is to request same from Brandability in writing and Brandability is to accept same. The Client will be liable for the payment of such insurance costs before despatch of the goods/order/s by Brandability.
- The delivery address needs to be easily accessible for the carrier and drop off shall be to the front entrance of the address provided, unless otherwise agreed.
- Delivery times quoted are estimated times only. Brandability accepts no responsibility whatsoever for any loss or damages caused by late delivery or non-delivery, howsoever caused or arising and the Client specifically indemnifies Brandability as such.
- The risk in the goods shall pass to the Client upon the goods being loaded for delivery to the Client’s chosen premises/specified destination.
- The Client is expected, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising loss or damages and to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised. The carrier shall be deemed to be an agent of the Client, irrespective of which party issued the instructions to or paid the carrier.
- If goods have to be re-delivered due to refusal to accept delivery or being undeliverable or unclaimed due to incorrect address details provided by the Client or for any other reason due to the Client’s action/omission, the Client will be invoiced for any additional delivery costs.
- The Client must report, by recorded delivery, to the carrier any reservations the Client may have concerning the state of the goods or their packaging, within 24 (twenty-four) hours of the delivery time. A copy of these reservations, including a picture (if possible), must be sent to Brandability within the same time frame. In the absence of notice accordingly, the Client shall be deemed to have received and have accepted the goods in good order and condition as dispatched, delivered and invoiced by Brandability.
- The Client is expected to inspect the goods on delivery and to verify specifications and quantity. Goods may not be returned, and deliveries may not be refused except by prior arrangement with Brandability. If any goods sold to the Client do not accord with specifications, the Client shall notify Brandability in writing immediately upon the defect becoming known to the Client and, provided the Client does so within 24 (twenty-four) hours from the time of delivery of the defective goods to the Client. Brandability may, at its discretion, replace any goods which were sold by Brandability directly to the Client and which goods are not in accordance with Brandability’s specifications.
- Notwithstanding delivery and the passing of risk, ownership of the goods remains vested in Brandability until such time as the Client shall have effected full payment, including any related costs, in accordance with the invoice. “Payment” signifies the receipt of the amount due in terms of invoice/statement in the bank account of Brandability. Until such time as the Client shall have paid the invoice in full for such goods, the Client shall not, otherwise than in the ordinary course of business, sell, pledge or otherwise encumber the goods concerned and shall not remove such goods from the business premises of the Client without prior written consent from Brandability. If third parties attempt to assert or substantiate rights over the goods, the Client is obliged to inform Brandability any such action immediately, and Brandability shall be entitled to take whatever action it may deem fit to protect its rights, including cancellation of the sale and repossession of the goods. In the event of any such cancellation of sale, the Client undertakes to look after and keep the goods safe until repossessed by Brandability, and, upon request from Brandability, the Client undertakes to hand over and return the goods to Brandability.
- Unless the Client’s order specifically states a date on or before which delivery is required and such date or any other delivery date is accepted by Brandability in writing, orders will be accepted for delivery as and when goods can be made available by Brandability and Brandability is entitled to execute orders piecemeal or in part deliveries. Notwithstanding the aforegoing and any contrary provision which may be contained in the Brandability terms and conditions, the time of delivery shall not be of the essence of the contract and the Client shall not be entitled to cancel any agreement of sale should Brandability fail to deliver the goods on the agreed date.
- It is the Client’s responsibility to ensure that goods are returned to a designated collection point in its original packaging, regardless of the reason for the returns.
- All requests for returns or credit must be initiated in writing by the Client. No items may be returned or exchanged unless prior written authorisation has been obtained from Brandability. Any goods returned at the Client’s request may be returned by carriage which expense will be paid for by the Client. The return of any goods are subject to the provisions of clause 8(k) hereinabove. Returns of non-faulty items may incur handling- or administration fees of 25% (twenty-five per centum) of the total value of the order.
- With cognisance of clause 8(k) hereinabove, Brandability may replace any goods which were sold by Brandability directly to the Client and which goods are not in accordance with specifications, or alternatively (provided that the goods have not been damaged in any way whatsoever subsequent to it being dispatched or delivered to the Client, as the case may be), at Brandability’s option, Brandability shall be entitled to take the goods back, refunding the Client with the purchase price paid or by way of credit in favour of the Client.
- Refunds shall be processed within 30 (thirty) days from acceptance of the return by Brandability.
- Branded goods and memory sticks may not, regardless of fault, be returned.
- Brandability is unable to provide a refund if the amount is less than R50.00 (fifty Rand). Any refund less than R50.00 (fifty Rand) will be credited to the client’s account and set off against the Client’s next order.
- Brandability is unable to refund international clients unless the original amount was paid into Brandability’s FNB bank account. Amounts paid into any of Brandability’s other bank accounts shall be credited to the Client’s account to be allocated to future orders.