Terms and Conditions
- Please note: Online orders are loaded as unbranded. Contact us if you want to add branding to the products.
- Payment for all orders is required upfront in full. Once payment is received and cleared in our account the stock for your order will be reserved. If payment is not received, stock cannot be guaranteed. No branding will proceed without full payment.
- If stock is not available for your order, you may select another colour or item, or request a refund.
Branding Terms and Conditions:
- Artwork to be sent in vector format (.eps/.ai/.pdf)
- We do not accept : word files/ .gif/ .jpg (under 600dpi)/ .ppt
- Artwork not received in an acceptable format will attract a redrawing fee of R350.00 per hour.
- Delivery dates are quoted from artwork approval & payment.
In these conditions the ‘Company’ means Deschan Marketing and Promotions CC, whose principal place of work is at 134 Montagu Street, Boksburg, 1459, Gauteng, South Africa. The ‘agreement’ means these conditions together with any contract(s) in which they may be incorporated by reference or otherwise. The ‘Buyer’ means the person or organisation placing the order irrespective of their relationship to the contract in hand. ‘Artwork’, ‘Specification’ and ‘Goods’ (and their plurals) shall mean and include all types and forms of such, including (without exception) photo positives, bromides, artwork received by electronic means (By disk and e-mail), all specifications and all goods, including, writing instruments, lighters and general promotional merchandise.
Conditions of Sale
- Ruling Conditions All contracts entered into by the Company are subject to conditions to the exclusion of any and all verbal and printed terms of the Buyer. These conditions cannot be varied, suspended or added to, except with the prior written consent of the Company.
- Separate Contracts Each Order placed by the Buyer shall, on acceptance by the Company, be treated as a separate contract. If there shall at any time be more than one contract in course of performance between the Company and the Buyer, any question, dispute or difficulty which may arise in respect of one of such contracts, or the terms on which it may be settled, shall not affect in any way the performance of the other contracts, nor shall the Buyer be entitled to exercise in relation to any other such contracts any right of set-off or counter-claim arising under any other contract.
- Future Contracts If, subsequent to any contract of sale, which is subject to these conditions, a contract of sale is made with the same Buyer without express reference to any conditions, such contract shall be deemed to be subject to these Conditions.
- Price and Payment
- All payments are to be made in South African Rand.
- Unless otherwise agreed in writing, the price of the goods and/or services shall be that ruling at the date of despatch or completion and payment shall be net cash.
- Unless otherwise agreed in writing the Company reserves the right to vary the price of the goods by notice to the Buyer at any time before delivery if, and to the extent that there is any increase in the price or cost of goods to the Company by reason of any foreign exchange fluctuations, changes in currency regulations, alterations in duties or import, variations in the cost of raw materials, labour, services or transport, or by any reason or cause (whether or not of the same nature of the foregoing) beyond the control of the Company.
- The Company shall be at liberty to adjust the price to take into account any alteration made by the buyer to the specifications supplied to the Company as defined in Condition 9, provided that no alterations shall be binding on the Company unless accepted by the Company in writing.
- The Company shall, with or without prior notice, impose such rates of interest, as they in their discretion find necessary, on overdue accounts.
- NO BRANDED PRODUCTS MAY BE RETURNED FOR CREDIT FOR ANY REASON WHATSOEVER!
- Passing of Risk and Property Goods will be at the Buyers risk from the time of despatch as hereinafter defined, but property in the goods will remain in the Company and will not pass to the Buyer until the Company has received the purchase price of the goods in full. All returned goods are subject to a 20% handling charge plus the original carriage cost. Where goods are printed by the Company the value of the goods become virtually worthless but the Company retains ownership of such property until payment is received in full and if these goods are returned to the Company the cost of reinstating the goods to its original unprinted condition must be borne by the Buyer. All Goods, which remain the property of the Company, will be held by the Buyer on behalf of the Company in a fiduciary capacity. The Buyer may use or resell such goods in the ordinary course of business either in their original form to produce items for sale or to a third party for a price not less than the purchase price in full. Where the Buyer is reselling or distributing the goods to a third party the Buyer must be satisfied that the goods are to a satisfactory commercial standard before the goods are distributed.
- Delivery Dates Whereas the Company will make every endeavour to meet despatch deadlines all despatch and completion dates are given in good faith but are not guaranteed and no liability will be accepted for any losses, costs, damages, or expense suffered by the Buyer as a result of failure to meet any such date. The company shall be entitled to despatch goods at any time on or before the date specified on the Sales Order Acknowledgement or other document issued by the Company relating to delivery dates and unless otherwise specified by the Buyer the Company may at its discretion despatch all of the goods in one consignment or in portions time to time before or on the specified date. If the Company fails to meet the acknowledged despatch date the Buyer is entitled to cancel the order providing that the Company is given at least three weeks lead time and the Buyer has not yet signed artwork approval and provided the items have not yet been sent to branding. Once artwork approval is received and the products are sent to branding, the order cannot be cancelled. The Company shall not in any event be liable for any special, consequential or indirect loss or damage (including, but without limitation, any loss of or in respect of profit, wages or overheads) suffered by the Buyer as a result of any delay in a failure of delivery.
- Delivery The Company is responsible for goods to the point of despatch and may organise carriage on the Buyers behalf but only when requested to do so by the Buyer. In all circumstances any third party carrier used to transport goods will be deemed to be the agent of the Buyer. The Buyer is totally responsible for goods in transit and any losses, direct or consequential, or as a result of carrier failure in meeting the delivery date is the responsibility of the Buyer. It is the buyer’s responsibility to ensure that delivery addresses are correct and that the recipient will be available to take delivery of the goods on the day they are due to arrive. If the recipient is not present to take delivery the Company will charge the Buyer for each additional attempt at delivery. The Company will under no circumstances take any responsibility for delivery to exhibition venues, conference venues and private homes even though the Company is prepared to send goods to these destinations and we do this on the Buyers behalf but always at the Buyers own risk of loss, late delivery or non-delivery.
- Claims on Delivery
- All claims for non-delivery of any consignment shall be made in writing to the Company and any carrier engaged by the Company within five (5) working days after the date of despatch shown on the Company’s invoice.
- All claims for short delivery shall be made in writing to the Company and carrier engaged within five (5) days after delivery of the consignment in question or five (5) days after the Company’s invoice whichever is earlier, and the Company shall be given an adequate opportunity to examine the goods as received.
- All claims for damage to or deterioration of the goods in transit, or sub-standard quality of goods, shall be made in writing to the Company and to the carrier engaged within (5) days after delivery of the goods and the Company shall be given adequate opportunity to inspect all goods in question.
- Any claim which is not made as required by sub-paragraphs (a), (b), or (c) above, or in respect of which the Company is not given an adequate opportunity to examine or inspect as the case may be, shall be absolutely barred.
- Force Majeure In the event that as a result of any act of God, Storm, Fire, Flood, Explosion, Strike, Lockout (Whether at the Company’s premises or elsewhere), shortage of materials or any other matter which is beyond the Company’s reasonable control, or not within its reasonable contemplation at the date of acceptance of the Buyer’s order, the performance of the contract is made materially more onerous or expensive for the Company, the Company may at any time by written notice cancel the contract without liability to the Buyer. In the event that by the date on which the Company serves such notice of cancellation the Company has previously invoiced the Buyer with goods comprised in the contract in respect of which such notice of cancellation is given, the Buyer shall be obliged to take up and pay for the goods so invoiced.
- Specifications, Warranty and Defects It is incumbent upon the Buyer to supply the Company with full and precise instructions. In the event of an order being inadequately specified the Company’s artistic interpretation shall be accepted without demur. The Company shall at the request of the Buyer at the time an order is placed, on completion of proof artwork provide a copy to the Buyer for approval by way of facsimile. In such event the Company shall not proceed with the contract until authorised by the Buyer. In the event that the Buyer fails or refuses to authorise confirmation of the contract, the cost of the proof artwork shall be for the account of the Buyer. Where the Company supplies goods that are branded, the Company reserves the right to supply 5% above or below the quantity ordered by the Buyer. The Company will make every endeavour to supply the exact quantity ordered by the Buyer but the Buyer must accept that excess material has to be printed to compensate for wastage and this cost of wastage is not included in any quotation. The Buyer must pay for any quantity of goods in excess of the ordered quantity at the same unit price as the main order. The Buyer will not be required to pay for any wastage below the ordered quantity and will only pay for the quantity despatched and at the unit price of the whole order. All recommendations made and materials supplied by the Company must be tested and approved by the Buyer. The Company’s liability is limited solely to the replacement value of the defective goods and in no event shall the Company be liable for loss of profit, indirect damage, or for consequential or special loss or damage, sustained by the Buyer. The Company cannot guarantee the life of metallic printing inks (Gold, bronze, silver, white) as these are subject to degradation by handling and ageing. The Buyer indemnifies the Company from any claim, direct or consequential, arising out of the failure of such inks and goods printed with such inks must be paid for in full, including the cost of printing and carriage, whether the print is deemed to fail or not. The Company cannot guarantee that any ink will adhere to metal, lacquered or electroplated metal or polypropylene. The life expectancy of ink printed on such materials is greatly reduced, as ink adhesion is inferior to adhesion levels of inks that are printed on ABS, Acrylic and PVC. The Buyer must take responsibility for any failure of print on Metal, lacquered or electroplated metal or polypropylene and all invoices relating to such orders must be paid for in full irrespective of whether the print is deemed to fail or not. The Company cannot guarantee absolute consistency in the colour of products as they can differ from batch to batch. Recycled products may vary in colour due to the natural raw material used. The Company is prepared to accept digital artwork by way of Disk or e-mail but responsibility for the quality, nature, size, proportions, colours etc. of such images and the resultant printing from such images remains with the Buyer. The Company assumes that the Buyer has vetted and approved all digital artwork submitted electronically before sending it and any modifications that the Company needs to make to print the Buyers order is at the total discretion of the Company and the costs of any such modifications are to be borne by the Buyer. Furthermore, the Buyer must guarantee that any digital artwork received electronically is free from all forms of virus, including ‘Trojan Horses’, Worms, Macros etc. and any losses caused to the Company by such viruses must be paid for by the Buyer and this includes the costs of sub-contract system engineers and lost time.
- Safety Instructions The Buyer must inform the Company in writing if the products ordered are to be used by children. The Company specialises in supplying merchandise on a business-to-business basis where the intended final recipients are adults. Certain promotional merchandise is not suitable for use by children and in particular the Buyer’s attention is drawn to the following: All pens are assemblies of small components and these assemblies can be easily undone. By virtue of the size of these components they can be ingested and as a result may cause blockage of airways, trauma, injury or death in extreme cases. Certain items form less risk than others in that they may require more effort to undo their components and we would strongly advise that these particular products are selected if the intended final recipient is a child.
- Copyright and Storage The Company assumes that by passing artwork etc. to them the Buyer has a legal right to the property in it and requires the Buyer to indemnify the Company from all and any claims arising from alleged breach of copyright etc.. For the sake of good order the Company hereby declares that it is not knowingly party to any misuse of registered or copyrighted designs and/or materials, and under no circumstances will it accept any actions against itself whether direct, conjoined or ex parte, and the company accepts no liability for Buyer’s mistakes or transgressions in this (or any other) field. The Company maintains no insurance for the intrinsic or artistic value of any items held in trust.
- Cancellation Once a contract subsists between the Buyer and the Company the same cannot be cancelled by the Buyer except with the Company’s consent and on terms that will indemnify the Company against all loss including, without exception, loss of profits.
- Law applicable The Contract shall be read and construed in all respects in accordance with South African Law and the parties agree to submit to the jurisdiction of the South African Courts in respect of all matters concerning this contract or arising therefrom and further agree that the provisions of the Uniform Law on the International Sale of Goods shall not apply thereto.