TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
(Herein referred to as “Team Clothing” or the Company)
APPLICABILITY OF CONDITIONS
All business undertaken by Team Clothing is subject to Team Clothing’s standard terms and conditions herein set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between Team Clothing and its customer. Even if the customer does not sign these conditions, it will be deemed that the customer has agreed to them when accepting delivery of any goods from Team Clothing.
The customer must place orders with Team Clothing’s sales department by fax or email. Unless Team Clothing notifies the customer that it does not accept the order at the time it is placed, Team Clothing will be deemed to have accepted the customer’s order on receipt thereof. IF Team Clothing does not have sufficient stock of the goods which are ordered by the customer, unless the customer cancels the order in writing, the goods will be supplied as soon as Team Clothing receives stock thereof.
All goods are sold at Team Clothing’s usual prices alternatively the agreed price. The price excludes VAT and delivery costs
The account customer shall make payment for all goods purchased from Team Clothing within 30 (thirty) days from the date of invoice( payment terms ranges from CBD to COD as well as different account options and tailor made for client specific). All payments due by the customer shall be made in South African Rands, without demand, deduction or set off, in cash, by bank guaranteed cheque or by electronics transfer. The customer acknowledges that Team Clothing is entitled in its entire discretion to appropriate any payment made by the customer to any part of the account that Team Clothing elects. If account is not settled timeously, will be handed over to head office for collection, and account will revert to COD once outstanding amount has been settled.
If the contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract, and non-delivery or delaying of delivery of any instalment shall not affect the balance of the contract or entitle the Purchaser to cancel the contract. While the company will endeavour to meet all times or dates of delivery, the Company will not be liable for any loss or damages of whatever nature (including but not limited to direct damage, consequential damage or loss of profits) occasioned by delays in delivery or completion of orders. Should the Purchaser request the Company to withhold or postpone delivery and in the event of the Company agreeing to thereto, then the Company shall be entitled to levy appropriate demurrage, interest or any other charges occasioned by the postponement. Where goods are to be delivered pursuant to the provisions above and the Purchaser does not accept delivery of any such goods, the Company may, by notice in writing, cancel the balance of the contract and claim the price at contract rates of all goods ordered or manufactured under the contract (whether delivered or not) and damages of non-acceptance of the balance including the full costs to the Company, of all goods in the course of the manufacturer, together with storage charges on all undelivered goods and the Company shall not be responsible for any deterioration thereof. The Purchaser shall not be entitled to return any of the goods without first obtaining the Company’s prior written consent. Where goods are returned with or without the Company’s prior consent, the Company shall be entitled to recoup from the Purchaser, any delivery costs incurred. Non receipt of goods sold must be advised within 7 days of the Company’s official advice that the goods have been dispatched. Subject to the above, if no time is specified, delivery shall be made when the goods are ready. Where time is expressly stated as being of the essence, delivery of the goods or any instalment thereof shall not be considered overdue until the time is given in writing for delivery and the Company is given a reasonable opportunity to comply therewith. There will be a standard transport cost charged for returns and exchanges unless Team Clothing is at fault.
OWNERSHIP AND RISK
Ownership in any goods sold by Team Clothing to the customer shall remain vested in Team Clothing until payment in respect of such goods has been made in full. The customer bears all the risk in and to any goods sold to the customer and of any harm caused by such goods from time of delivery to the customer or its agent
RETURN OF GOODS
Special order goods shall not be accepted by Team Clothing for credit. Team Clothing may, but is not obliged to, accept the return of goods that were correctly supplied in accordance with the customer’s order, if it does so, the following conditions will apply:
- Prior authorization from Team Clothing’s authorized representative must be obtained
- The returned goods and the packaging must be in resaleable condition, as determined by Team Clothing
- The returned goods must be accompanied by proof of purchase
- The customer will be liable for a handling charge of 10% to the value of the order.
- If there are goods that need to be returned a query must be lodged within 7 (seven) days of receipt of the goods. All returns must be sent back to Team Clothing within 30 days of receipt of goods
- The handling charge will be deducted from any credit note issued to the customer by Team Clothing. Team Clothing shall not give customers any cash refund for any goods returned for any reason whatsoever.
- Any goods sent to the customer as a sample, will be invoiced onto their account. If goods are returned within 7 days in their original condition and packaging, the customer’s account will be credited for the sample.
Should the Purchaser allege that the goods were defective at the date of delivery, by reason of error in quality, description of goods, or not in accordance with contract, the Purchaser, shall, even if it is able to substantiate such allegation, have no claim whatsoever against the Company, unless a complaint is received in writing by the Purchaser and the alleged defective goods must be made available for the Company’s inspection within 14 days of the date of delivery to the Purchaser. No claim will be allowed when the goods sold by the Company have been printed or processed, used or cut in a way by the Purchaser.
Safety shoes that have sustained water damage are not covered under the guarantee and therefore cannot be replaced.
EXCLUSION OF LIABILITY
The purchaser shall have no remedies arising out of the General Conditions of Sale, or the Company’s performance, non-performance of any obligations to the Purchaser, other than those provided in these general conditions. The Company shall not be liable or responsible for any loss or damage, whether direct, consequential or otherwise, to the Purchaser, third persons or property, arising out of the use of any goods purchased from the Company, or directly or indirectly attributed to the condition of such goods or any defect therein. The Purchaser hereby indemnifies the Company and holds it harmless against all and any claims which may at any time be made against the Company in respect of any such loss.
In the event of the customer being a partnership, the individual partners agree that all partners shall be jointly and severally liable for the payment of all amounts due by the customer to Team Clothing. The partners further agree that their liability to Team Clothing shall be unaffected by any dissolution of the partnership in respect of any goods sold and delivered after such dissolution unless a written notice enclosing proof of such dissolution has been duly delivered by Team Clothing prior to delivery.
The customer will be in breach if it:
- i) Fails to pay any amount of money due to Team Clothing on the due date. ii) Is sequestrated or placed in liquidation (whether voluntary, compulsory, provisional or final) or under judicial management. iii) Commits any act of insolvency or what would be an act of insolvency if committed by a natural person. iv) Enters into an arrangement or compromise with its creditors generally.
- v) Fails to satisfy any judgment granted against it within 7 (seven) days of the date of judgment.
- vi) Fails to strict adhere to any other term or condition of this agreement.
If the customer is in breach:
- i) All amounts which are owed to Team Clothing will immediately become due and payable, despite any agreement for credit with such customer. ii) Team Clothing may suspend all deliveries to the customer. iii) Team Clothing may cancel the customer’s orders without notice to such customer. iv)Team Clothing will be entitled without prejudice to it’s other rights in law to cancel this agreement without notice to the customer. v) A certificate by a Director of Team Clothing reflecting the amount due and owing by the customer to Team Clothing in respect of capital and interest shall be sufficient and satisfactory prima facie proof of the facts therein stated for the proceedings against the customer for the recovery of the said amount. vi) The customer will be liable for all the expenses incurred by Team Clothing in exercising any rights arising out of breach of the customers obligations in terms hereof, including legal charges between attorney and client, collection charges and tracing fee.
The Customer has the right to, inter alia, refer a complaint to a dispute resolution agent, the Customer Court or the ombudsman with jurisdiction; or file a complaint with the National Credit Regulator in respect of any alleged contravention of the National Credit Act.
Unless otherwise agreed in writing, the copyright and all other proprietary rights in all designs, artwork, stereos, dies and other special origination work produced by or for the Company for the purpose of manufacture of goods for the Purchaser, will remain the Property of the Company whether or not any change is made to the Purchaser in connection with such origination work. Unless otherwise agreed in writing, the Purchaser shall be charged for the origination and alteration to existing artwork, stereos, dyes and any other special origination work produced by or for the Company, for the purpose of manufacture of goods for the Purchaser. Ownership of stereos, dyes and equipment for the manufacture of Purchaser’s product shall rest in the Company and shall not be removed from the Company’s premises without the written consent of the Company. The Purchaser acknowledges that ownership of all documents, samples and drawings supplied by the Company, rests in the Company. The Purchaser warrants that these documents, drawing, and samples shall not be copied or made accessible to third parties without the written consent of the Company.
SUITABILITY OF MATERIALS
The Company will make every effort to ensure that the goods sold are in accordance with the Purchaser’s requirements. It is the responsibility of the Purchaser to ensure that the goods sold are compatible with the Purchaser’s products. The Company gives no warranty, express or implied, nor any representation that the goods sold by the Company are suitable for the purpose for which they have been ordered.
All samples must be returned to Team Clothing within 7 working days. Client is liable for all courier costs in terms of delivery and collection. Samples will not be made until SAMPLE FORM has been acknowledged, signed, and returned to Team Clothing.
These provisions and any documents referred to herein constitute the whole agreement between Team Clothing and the customer and relating to the granting of credit facilities and the sale of goods. Neither party will be bound by any variation of these conditions or any waiver of any rights under these conditions unless the variation or waiver is in writing and signed by both Team Clothing and the customer. Team Clothing is not bound by any oral statements, figures, specifications, prices quoted, acceptances or representations. No relaxation or indulgence which Team Clothing may give at any time in regard to the carrying out of the customers obligations will prejudice or be a waiver of any of Team Clothing’s rights. The customer consents and submits to the jurisdiction of the Magistrates Court in respect of all disputes arising out of the sale of goods to which these conditions relate. Neither party is obliged to institute proceedings in that Court In this agreement, headings of clauses shall be deemed to have been included for the purposes of convenience only and shall not affect the interpretation of this Agreement.