1. Scope:
1.1. These terms and conditions will be applicable to any contract or agreement entered into by Stixo Signage Supplies (Pty) Ltd (“the company”) and their clients for the sale of any and/or all products purchased by the clients from the company and as such any further correspondence between the company and it’s client shall have no impact on terms of that contract.
1.2. Any quotation given by the company is not an offer by the company to sell goods or services, but simply constitutes an invitation by the company to the client to conduct business.
1.3. Quotations furnished by the company to the client and accepted by the client within 7(seven) days of issue of the quotation by the company will, unless otherwise stated therein, bring into existence a valid and binding contract, where after it will automatically lapse unless the company confirms otherwise in writing.
1.4. A client that accepts delivery of any goods from the company shall be bound to the provisions of these Terms and Conditions as if he/she/it has signed these Terms and
1.5. Notwithstanding anything contained in this clause, the company shall at all times retain the right to accept in writing any order for the goods by a client.
1.6. Upon acceptance by the client of the quotation , the client agrees that all work done, products supplied and/or services rendered are so supplied and/or rendered in accordance with the standard terms and conditions of the company.
1.7. State the quotation reference number, once the client issues a purchase order. The terms and conditions contained on the client’s purchase order will not apply to, supplement or supersede any provision contained in the quotation and/or the terms and condition herein.
1.8. The accepted quotation replaces and supersedes any previous quotations issued by the company regarding the subject matter thereof. Any products which have been listed in the accepted quotations cannot be changed unless specifically agreed upon by the company and the client.
1.9. All pricing in this quotation is quoted in South African Rand and excludes
1.10. The company reserves the right to refuse any orders and/or terminate any agreements and contracts where the requested orders may contain defamatory, pornographic, fascist, radical content or any other material which is obscene, offensive, hateful or inflammatory.
2. Delivery
2.1. When delivery is made by the company or its agents, delivery shall be made when the products are offloaded at their destination. Where the client takes delivery at the company’s premises, whether by client collection or courier collection on behalf of a client, delivery shall be made when the products are accepted by the client’s agent and loaded onto the agents vehicle or the client’s
2.2. The risk in the products shall pass to the client upon delivery, provided that where the products are delivered by the company or its agents but are offloaded by persons who are not employees of the company or its agents, the risk in the products shall pass upon the products being made available for offloading at their
2.3. The client acknowledges and accepts that delivery dates given in advance are estimated and will be subject to change based on any particular cause in the company’s sole and absolute
2.3.1. The company shall endeavour to not make partial deliveries, unless specifically agreed to with the company in advance.
2.3.2. The client shall accept delivery of all products as tendered. If they fail to do so for any reason whatsoever, the c l i ent shall be liable for all direct and indirect costs, expenses, losses or damages resulting.
2.3.3. V.A.T does not qualify for free delivery within the Gauteng region. Any order below the value of R10,000.00 excluding V.A.T does not qualify for free delivery for the other provinces within South Africa.
2.3.4. For deliveries at the nominated delivery address of the client, the client shall be obliged to make all the necessary arrangements to enable the company or its contractors or subcontractors to deliver the goods at the nominated delivery address and shall make all necessary prior arrangements to grant the company or its contractors or subcontractors unhindered access to the client’s premises for purposes of delivery.
2.3.5. The client shall immediately upon receipt of the goods from the company be allowed to inspect the goods and the client must inform the company of any defects by way of written notice, to be received by the company within 7 (Seven) days of receipt of the goods by the client. Should the client fail to notify the company of any defects or potential claim by the client within the specified 7 (Seven) days period, it shall be deemed that the goods were delivered in good order and condition and such failure shall constitute a complete waiver by the client of any potential claim based on defective goods.
2.3.6. Any of the goods delivered to the client in error will only be considered for return by the company provided that such goods are undamaged, have not been tampered with in any way and are not defaced in any way and have been stored in the correct manner and Upon acceptance of any goods by the client, it is the responsibility of the client to ensure that the goods received are deemed to be sufficient for the intended use and/or purpose in which the client has purchased such goods.
3. Returns
3.1. Goods must be returned to the company or should be communicated to the company and/or company’s sales person within seven (7) days of delivery, should the client desire to return the goods due to it being damaged, faulty or a change of heart except in circumstances where a warranty is provided to the client by the company on an official signed document.
3.2. If the claim is a factory faulty, the goods are to be returned and the company will inspect the “faulty goods”. Should the client return any products to the company and the company can prove that such returns were not damaged or defective when client received them then no refund shall be due to the client. The maximum compensation, if any, will be in the form of a credit with the company or a full refund for the value of the goods purchased only, no further compensation will be given under any circumstances.
3.3. If the client returns the goods without a valid reason and within 7(seven) working days from purchase, the company will apply a 10% handling fee of the invoice value to compensate for the time and paperwork required to carry out the return.
3.4. The client cannot return the item if damaged and/or used, the company shall not be held liable in respect of any defects found within the product that is out of the company’s control. Such damages include, but are not limited to heat damage, irregular bondage, marks on the product, incorrect application and/or usage, the conditions that the product was kept in and/or used.
3.5. The client is to take the necessary precautions to effect proper use and care and prior to any delivery or purchase of such products.
3.6. Upon completion of delivery of the products, the client warrants that all products received are in good condition and any damage or misuse of the product will be deemed negligence by the client and the company shall not be held liable for any costs and/or damages incurred.
4. Claims
Any claim for shortage or non-conforming products must be made in writing to Company within 7 working days after the client’s receipt of the product. Any claim for non-delivery of product must be made within 7 working days after the date upon which the product was to be delivered. As to any claim not reasonably discoverable within such 7 working day period (including claims discoverable only in processing, further manufacture, other use or resale), such claim must be in writing and received by Company within 14 days after Client’s receipt of the Products. Failure of Company to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Client of such claim. Products may not be returned without Company’s permission and transportation for return will not be paid by Company unless authorized in advance. Amounts owing to or payable by either party hereunder these Terms and Conditions shall be deemed finally reconciled on the first anniversary of the final delivery under these Terms and Conditions and any outstanding rights of either party to receive overpayments or under payments including rights to unclaimed credits or refunds shall expire on such date.
5. Storage
The company shall not store products (products purchased by the client are deemed products that do not belong to the company) belonging to the clients (including particular data and media) without prior written agreement and upon such payment terms as the company shall in its sole discretion determine. Customer shall be responsible for insuring the stored products until the removal of such products from the company’s possession.
6. Force Majeure
The company is not liable for non-performance or delay in performance caused by circumstances beyond Company’s control (“Force Majeure Event”). A Force Majeure Event includes, without limitation shall include the following:
6.1. acts of God, war, riots, fire, explosions, floods, strikes, lockouts, injunctions, accidents, Product short supply, unforeseen shutdown of major sources of supply, breakage of machinery or apparatus, or national emergency and damage to product by the weather;
6.2. Company’s inability to obtain at prices company deems in its discretion to be commercially reasonable, the Product, fuel, power, raw materials, labor, containers or transportation facilities;
6.3. the occurrence of any unforeseeable contingency making performance impracticable, or;
6.4. compliance in good faith with any applicable governmental statute, regulation, or order. Any delivery so suspended shall be cancelled without liability, but these Terms and Conditions shall otherwise remain unaffected.
7. Prices
7.1. Unless expressly specified in the quotation or tender, all prices are subject to change without prior notice.
7.2. All prices on the website and price list should be confirmed with a salesperson prior to payment.
7.3. All prices quoted, and all price lists are exclusive of value added tax.
8. Granting Of Credit
8.1. The Company may in its sole and absolute discretion grant credit to a client who applies for credit.
8.2. Any credit grant will be subject to a thorough credit review through a recognized South African.
8.3. Credit Bureau and by applying for credit, you agree to the Company conducting such a credit review.
8.4. The Company may at any time withdraw the credit facility upon written notice to the client.
8.5. The Company may search the client’s record with one or more of the registered credit bureaus when assessing the Client’s application;
9. Payments
9.1. The client shall pay the invoiced price without being entitled to claim any discount or make any deduction, unless agreed to the contrary in writing and signed by the
9.2. Payment to the company must be made at the company’s address or deposited into the company’s bank account in cash free of exchange, without deduction or set-off, in South African currency.
9.3. All payments must reflect within any one of the company’s bank accounts before an invoice is issued or the goods tendered are released for collection or delivery.
9.4. Where the client has been extended credit by the company and has an active account, the client shall be obliged to make payment of each vat invoice rendered by the company within the specified terms from the date of the vat invoice and/or statement of account, unless the company has expressly, in writing, agreed to other terms of payment.
9.5. Notwithstanding that any credit may have been granted by the company to the client, the company shall be entitled to insist on payment in advance for goods and the company may retain possession of any goods or documents or things in respect of which services are to be rendered pending the discharge of all the client’s indebtedness to the company, whether or not such indebtedness is related to the goods or documents or things in question.
9.6. Notwithstanding any dispute between the parties the client shall not be entitled to refuse, delay or withhold payment or any part thereof.
10. Indemnity
10.1. The client indemnifies the company that the company shall not be liable for any loss or damages (whether direct, indirect or consequential) which may be suffered by the client or any other person, which may include but not limited to the client’s own consumers, arising out of or in connection with the use or possession of the product or any matter relating to the product however such loss or damage may arise.
10.2. The client indemnifies and holds the company harmless against any claim of any nature which is connected with or related to the product, or the use or possession of the product and whether or not such claims are caused by an act or omission of the company or any other
10.3. The client warrants that he/she/it have the knowledge, expertise, tools and/or equipment necessary to utilise the product and such knowledge and expertise includes but is not limited to the application, usage, and conditions of the product is to be used and Any departure from this term, the client indemnifies the company in terms of clause above.
11. Breach
11.1. If the client commits a breach of any of these general terms or of any special term of any agreement or is placed under a provisional or final order of sequestration or liquidation or business rescue, or is wound up voluntarily , or compromises or attempts to compromise generally with its creditors, the company may summarily cancel any agreement by giving the client written notice to that effect, without prejudice to any rights the company may have as a result of that breach or
11.2. The company shall be entitled to recover all costs incurred by it in enforcing its rights under any agreement, on an attorney and own client basis.
12. General
12.1. The company shall be entitled at its option to institute any legal proceedings against the client in any Magistrate’s Court having jurisdiction in respect of the client, notwithstanding that the amount claimed would otherwise exceed the jurisdiction of the Court.
12.2. No oral variation of these terms or oral special terms shall bind the company.
12.3. The client shall not be entitled to cede any of its rights, nor assign any of its obligations hereunder without the prior written consent of the company.
12.4. The client is assumed to have read these terms and conditions carefully, therefore ensuring they understand before ordering any products from the company.
12.5. These terms and conditions shalt be construed and interpreted according to the laws of the Republic of South Africa, which the parties choose as the governing law of this agreement.
12.6. The company is hereby irrevocably authorised to perform any credit investigation into the client’s creditworthiness and financial affairs as the company, in its discretion, considers
12.7. The recipient of information as per any agreement with the company, agree to keep the information confidential and not to disclose any such information to unauthorized persons. The company has the right to amend these terms and conditions and it is the duty of the client to ensure that the relevant terms and conditions at that time are read adequately.
12.8. Each of the parties hereby respectively agrees and acknowledges that it has been free to secure independent legal advice as to the nature and effect of each provision of these Terms and Conditions, the accepted quotation and the tax invoice and that it has either taken such independent legal advice or has dispensed with the necessity of doing so.