STANDARD TRADING CONDITIONS
We pride ourselves in high quality products and trust that you will be happy with your order, but if you are dissatisfied, please inform us in writing immediately.
Please provide proof of faulty items or reasons for not being satisfied through the means of image or video.
- DEFINITIONS AND INTERPRETATION
1.1 In this agreement the following words shall have the meanings indicated ascribed to them unless the context clearly requires otherwise.
1.1.1 “Company” shall mean PAY LESS PACKAGING (Pty) LTD
1.1.2 “Customer” shall mean any person or persons, whether natural or juristic, at whose request or on whose behalf the Company undertakes or renders any business advice, information or service.
1.1.3 “Goods” shall mean any packaging or other material manufactured, supplied or sold by the Company.
1.1.4 All genders include the other gender, and the singular includes the plural and vice versa.
- APPLICABILITY OF THESE CONDITIONS
2.1 All and any business undertaken, including any advice, information or service provided, whether gratuitously or not, by the Company is and shall be subject to these conditions and each condition shall be deemed to be incorporated in and be a condition of any agreement between the Company and its customers.
2.2 These conditions shall solely govern the relationship between the Customer and the Company and are hereby agreed to exclude all other conflicting trading terms and conditions whatsoever whether such terms and conditions contain a clause similar in meaning or intention to this one or not and even if the other said terms and conditions are apparently or in fact incorporated after this agreement. Provided that, notwithstanding the above, if fulfilling its obligations to the Customer and/or any other person, is subject to rights and obligations whether contractual or otherwise, which are more onerous to the Company than those contained in this agreement and any other terms and/or conditions validly agreed between the parties.
2.3 None of the servants or agents of the Company, or those of its subcontractors, shall be under any liability whatsoever to the customer and the provisions of this clause are stipulated for the benefit of those persons.
2.4 No variation or alteration of these terms and condition including this clause, shall be binding on the Company unless reduced to writing with the express authority of, and signed by, a Director of the Company.
2.5 Any latitude or allowance whatsoever which the Company may grant to the Customer, with regards to any of these terms and conditions will not be construed to be a waiver of any rights that the Company might otherwise have against the Customer.
- SEVERABILITY
3.1 Each and every undertaking contained in this agreement and any other terms and conditions validly agreed between the parties shall be capable of independent enforcement, thus enabling any Court or other competent Tribunal to enforce the remainder thereof, should it adjudge any particular undertaking or portion thereof to be invalid or unenforceable.
- WARRANTIES
4.1 The Customer warrants that it has full authority to engage the services of the Company, and to contract on these terms and conditions. Furthermore, the person representing the Customer in contracting with the Company warrants that he is duty authorized to do so.
4.2 All goods and materials are sold voetstoots and without warranty, whether express or implied against patent defects. In particular, the Company does not expressly or impliedly warrant that any goods or materials are suitable for the purposes for which they are purchased or for any other use to which they may be put.
- LIABILITY OF THE COMPANY
5.1 The Company will not be liable for any loss or damage unless it is established that such loss or damage was caused directly by the gross negligence of the Company or any person for whose acts or omissions the Company is in law responsible.
5.2 The Company shall not be liable for any consequential loss whether caused by negligence or not, including but not limited to loss of, damage to, or delay in effecting delivery of, any goods.
- ORDERS AND DELIVERY
6.1 The Customer may place its orders for manufacture of goods either verbally or in writing, and orders may either be placed with the Company or its duty authorized agents. If the order has been placed verbally by the Customer, then the Company, or its duty authorized agent, shall have the right (but not obligated) to confirm the order in writing. If the order has been confirmed in writing and no objection is made by the Customer within 10 (Ten) days after the confirmation has been posted or faxed, the Customer shall be bound by all of the particulars of the goods appearing in the confirmation.
6.2 The Customer shall be liable to the Company for the full value of the order as soon as manufacture in terms of the order has commenced.
6.3 After manufacturing the goods ordered by the Customer, the Company may store them on its own premises until the Customer requests delivery of the goods, subject to a maximum period of 10 (Ten) business days after date of order after which the Company shall have the right to tender delivery or, at its sole choice, to deliver the goods to the Customer and charge for them even though the Customer has not requested delivery.
6.4 Claims for short delivery or credit for allegedly faulty goods must be lodged in writing immediately after delivery of any goods, and such goods shall be available at the request of the Company for examination and removal.
6.5 No stock shall be returned without prior agreement by the Company and the Company reserves the right to dispose of printed, rejected, faulty, unwanted or unpaid for goods to whomsoever and in whatsoever manner it deems fit and the customer waives any rights it may have with regards to copyright.
6.6 The records of the Company or its dl authorized agent shall be deemed to be correct in so far as dates are concerned.
6.7 In spite of anything to the contrary in these Conditions, Ownership of the goods shall remain vested in the Company until all monies due, by way of purchase price or otherwise, to the Company in respect of the particular goods concerned have been paid in full. Risk of loss and/or damage to the goods shall pass from the Company to the Customer when the goods are removed from any vehicle at the premises nominated by him.
6.8 Unless otherwise stipulated origination charges for artwork, proofs, stereos and replacement stereos will be for the Customer’s account.
6.9 Proofs or artwork may be submitted for Customer’s approval and no responsibility will be accepted for errors in proofs which may be passed by him.
6.10 Origination will only be returned to the Customer once all monies owing to the Company have been paid in full, notwithstanding the fact that the amount owing or a portion thereof may not yet be due.
6.11 The Company shall not be required to print any matter which in its sole opinion is or may be of an illegal, offensive or defamatory nature and the Company shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any illegal, offensive or defamatory matter printed for the Customer or any infringement of copyright, patent or design.
6.12 Orders for printed matter supplied by the Customer are accepted on the understanding that the Customer has copyright over such printed matter and
Should any copyright infringement matter based on infringement of such copyright or any other infringement matter (including trade mark infringement, unlawful competition matter or passing-off matter) based on infringement of rights in the printed matter be brought against the Company, the Customer shall take over the matter and irrevocably indemnify the Company against any claims, costs and expenses arising from this matter.
6.13 The Company shall have the copyright over any new printed matter designed and originated by the Company or by a printing trade house appointed by the Company even if the Customer has paid for such origination.
6.14 The signature of an employee of the Customer on the Company’s official Delivery Note or Waybill, or the Delivery Note of any authorized independent carrier will constitute delivery of goods purchased.
6.15 Delivery promises are made in good faith, Late deliveries, however caused, shall not give rise to any claim for damages or consequential loss from any cause whatsoever and shall not entitle the Customer to cancel the agreement.
6.16 Every endeavor will be made to deliver the correct quantity ordered, however, the Customer shall have no claim whatsoever in respect of any short delivery and the Customer shall be obliged to accept over supply provided this is limited to 10% (ten percent) of the total quantity ordered, unless otherwise agreed in writing. The cost to the Customer shall be adjusted accordingly with the quantity supplied by the Customer.
- FORCE MAJEURE
8.1 If there is an occurrence over which the Company has no control and that renders (in the sole opinion of the Company) services which it has agreed to provide either dangerous or impossible, the Company shall have the right to cancel the transaction concerned with absolute impunity
Kindly note: If orders are cancelled due to a refund request, a 10% admin and merchant fee will be levied excluding all delivery fees that are paid as part of the order (or collection if required.)
If we accidentally deliver the wrong product to you, or if the product is not as described, please contact us and we will arrange to collect the product from you at no charge.
Merchandise must be unused and returned in its original box/wrapping together with a valid sales document/invoice.
Once we have inspected the product and validated your return, we can arrange to deliver the correct product to you (assuming it is available) or refund you, depending on your preference.