TERMS AND CONDITIONS OF SERVICE
1. AGREEMENT
1.1 All signwriting services supplied by David Brits t/a Cape Town Signwriting (hereinafter referred to as “Cape Town Signwriting”) to any Customer shall be subject to the terms and conditions contained herein.
1.2 Unless otherwise specifically provided by a separate written agreement signed by both parties, these terms and conditions constitute the whole agreement between the Customer and Cape Town Signwriting. No variation or alteration of any of these terms and conditions shall be of any force or effect, unless reduced to writing and signed by both Cape Town Signwriting and the Customer.
2. OFFER AND ACCEPTANCE
2.1 The quotation to which these terms are attached is open for acceptance by the Customer for a period of 14 (fourteen) days from the date reflected thereon. Signature of both the quotation and these terms by the Customer will constitute an irrevocable acceptance by the Customer of Cape Town SIgnwriting’s attached quotation and these terms and conditions.
2.2 The attached quotation includes only the supply of the goods, materials and services specifically specified therein. The Customer must provide accurate specifications and information required for the work to be done. Any additional goods delivered or services provided, or any changes to the initial brief provided by the Customer to Cape Town Signwriting, shall be in addition to the quoted price. Should the scope of the quotation be exceeded at the specific instance and request of the Customer, Cape Town Signwriting reserves the right to charge for any and all additional costs.
3. CONSUMER PROTECTION ACT, 68 OF 2008
3.1 The Customer hereby expressly warrants that the Consumer Protection Act does not apply hereto by virtue of the Customer being a juristic person with its net asset value and/or annual turnover exceeding the sum of R2,000,000.00 (two million Rand).
4. PAYMENT TERMS
4.1 The payment amount due will be per the quotation attached hereto. Upon acceptance of the quotation by the Customer an invoice will be provided to the Customer by Cape Town Signwriting reflecting the total amount due for the work and services to be provided.
4.2 A non-refundable deposit of 70% of the invoice amount will be required in advance of any works being commenced by Cape Town Signwriting, and the balance of the invoice amount will be due by no later than three (3) business days after completion of the work by Cape Town Signwriting.
4.3 Payment shall only be deemed to have been effected by the Customer upon Cape Town Signwriting’s receipt of a remittance advice or proof of payment of the relevant amount into Cape Town Signwriting’s bank account, and same shall be made without deduction or set-off and free of bank exchange.
4.4 Any increases in taxes, duties, customs or other charges imposed by a Government Authority after the date of the Customer’s acceptance of Cape Town Signwriting’s quotation shall be for the Customer’s account.
4.5 Any changes in the quoted amount due to variations in the exchange rate shall be for the Customer’s account.
4.6 Any late payments will attract interest at a rate of 10% per month.
5. DELIVERY
5.1 All delivery and completion times are provided by Cape Town Signwriting in good faith and every endeavour will be made to effect completion of the work within the period or periods specified in the attached quotation.
5.2 The Customer accepts that such dates or time periods are business estimates only and do not constitute fixed contractual obligations. Cape Town Signwriting and/or its employees will accordingly not be liable for any loss or damages of whatsoever nature and howsoever arising (including, inter alia, consequential loss or loss of profit) which may be occasioned by reason of a delay in the delivery of the goods or services. The Customer shall not in any way be entitled to cancel or vary the services and/or these terms and conditions, or withhold or reduce payment to Cape Town Signwriting, by reason of late completion of the work by Cape Town Signwriting.
6. RISK AND OWNERSHIP
6.1 Any signwriting work (whether partially or fully completed) provided to the Customer by Cape Town Signwriting constitutes the intellectual property of Cape Town Signwriting and ownership thereof shall not pass to the Customer until the work has been paid for in full by the Customer. The full risk of damage to any signwriting work provided by Cape Town Signwriting shall pass to the Customer on completion thereof by Cape Town Signwriting.
6.2 Cape Town Signwriting shall, entirely at its sole discretion, be entitled to remove from the Customer’s premises, or from any premises at which the signwriting works are located, any such signwriting works and artwork which have not been paid for and in respect of which payment is overdue.
6.3 The Customer warrants that any designs, artwork or logos provided to Cape Town Signwriting do not infringe any third party rights.
7. LIMITATION OF LIABILITY
7.1 The Customer is responsible for obtaining any and all necessary permits, authorisations and/or formal approvals that may be required for the work.
7.2 Cape Town Signwriting guarantees the quality of workmanship and materials used for a period of 6 months from the completion date, subject to proper maintenance by the Customer. This guarantee does not cover damage caused by weather conditions, vandalism, misuse, or normal wear and tear.
7.3 The Customer must notify Cape Town Signwriting of any defects within five (5) days of completion, failing which the work will be deemed satisfactory.
7.4 Cape Town Signwriting and/or its representatives and/or employees shall not be liable for any direct, indirect or consequential losses suffered by the Customer howsoever arising. The Customer hereby indemnifies and holds Cape Town Signwriting harmless against any claims that may be brought against Cape Town Signwriting and/or its employees by the Customer and/or any other person in consequence of such signwriting services or artwork being defective in any manner and causing any damage whatsoever, whether through accident, negligence or any other cause.
7.5 Cape Town Signwriting shall not be liable for any loss or damage of any nature whatsoever arising, whether direct, indirect, consequential or otherwise, sustained as a result of any signwriting services or works supplied not conforming to any specification or instructions provided, or as a result of incorrect or late delivery for any reason whatsoever. Cape Town Signwriting shall not be liable for any negligent or innocent misrepresentation made by it or its representatives and/or employees.
8. BREACH
8.1 Should any amount payable by the Customer not be paid on due date or should the Customer otherwise breach or fail to comply with any term or condition contained herein, or should the Customer be liquidated, sequestrated or placed under business rescue (either provisionally or finally), then Cape Town Signwriting shall, without prejudice to any claims accrued to it in terms of this agreement and to any other rights or remedies it may have in terms of the law, be entitled at its sole discretion to:
8.1.1 Immediately suspend performance or delivery of Cape Town Signwriting’s obligations and services until such breach is rectified and/or all such monies have been paid; and/or
8.1.2 Recover possession of and remove any signwriting work in respect of which ownership has not yet passed to the Customer; and/or
8.1.3 Immediately terminate this agreement.
8.2 Cape Town Signwriting shall be entitled, but not obliged, to institute any proceedings against the Customer arising out of this agreement in any Magistrates’ Court having jurisdiction over the Customer, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates’ Court. The Customer shall be liable for all of Cape Town Signwriting’s legal costs on the scale as between attorney and own client, including collection commission and tracing costs, which may be incurred by Cape Town Signwriting irrespective of whether or not Court proceedings have been instituted.
9. APPLICABLE LAW
9.1 This agreement shall be governed in accordance with the laws of the Republic of South Africa.
10. FORCE MAJEURE
10.1 Should Cape Town Signwriting be delayed or prevented from making a delivery or providing a signwriting service or completing any work owing to a force majeure, Act of God or any cause whatsoever beyond Cape Town Signwriting’s control, Cape Town Signwriting shall not be responsible or liable from any loss or damages resultant therefrom and the Customer will not be entitled to terminate this agreement.