Terms and Conditions for Express Print

Introduction

All orders for goods and services are accepted by Express Print (“the Vendor”) subject to the following conditions, which shall form part of and govern the contract of sale. All orders placed are accepted under these terms and cannot be cancelled without the agreement of the Vendor. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the Vendor has authority to vary these conditions unless accepted in writing by a director of Express Print.

1. Payments and Price

(a) The Vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of actual supply, and the purchaser shall pay such additions in addition to the quoted price. Price lists do not constitute an offer.

(b) All invoices are due for payment on the date shown on the invoice. Payment is to be made in South African Rand unless otherwise agreed in writing by a director.

(c) All overdue accounts will be charged commercial interest at 5% above the prime rate obtaining at the time, calculated on a daily basis.

(d) Due to the bespoke “made to order” nature of printed items, the purchaser shall not be entitled to a “cooling off” period to cancel the work ordered. However, if the purchaser cancels any contract, the Vendor shall only charge the purchaser for any materials purchased for the contract and preliminary work or work already undertaken up to the time of cancellation.

2. Availability of Goods

The Vendor will use its best endeavours to comply with the date named for despatch or delivery, which date is given and intended as an estimate only and is not to be the essence of the contract. If owing to non-availability of the goods or any other causes beyond the Vendor’s control, the Vendor shall be unable to effect delivery, it shall be at liberty to determine the contract or part thereof by giving notice in writing to the purchaser.

2.1 Late Delivery

All despatch dates given by the Vendor are not of the essence and whilst the Vendor will use its best endeavours to deliver the goods in accordance with the purchaser’s requirements, the Vendor will not be liable for any consequences of late delivery howsoever caused.

3. Property and Risk

Title to the property of the goods shall remain with the Vendor and ownership will not pass to the purchaser until the Vendor has received payment in full. If the purchaser resells the goods, the purchaser shall account to the Vendor for the proceeds of any such sale and will hold all proceeds of such sale of such goods upon trust for the Vendor until the Vendor has received such amounts in full. The Vendor shall have the right to trace all proceeds. At any time after the due date for payment, and so long as such amounts have not been received by the Vendor in full, the Vendor shall have the right to enter the purchaser’s premises and remove all goods which remain the property of the Vendor.

4. Design Variation

Whilst the Vendor makes every effort to ensure that goods supplied correspond in every respect with the proof, sample, specification, or description provided, the Vendor is not responsible for minor variations in specification, colour, or other design features. No such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the Vendor by the purchaser.

5. Intellectual Property Rights

(a) The Vendor grants no right or licence to the purchaser by implication, estoppel or otherwise to the products or any intellectual property rights of the Vendor. The Vendor shall retain all ownership rights, title, and interest in and to its products and services and all intellectual property rights therein.

(b) The Vendor has the sole rights to all copyright, patent, registration, and trademarks for the products and any intellectual property rights incorporated therein.

(c) The purchaser shall notify the Vendor of infringements of the Vendor’s intellectual property rights of which the purchaser becomes aware and shall reasonably assist the Vendor, at no cost to the purchaser, in pursuing the Vendor’s legal rights against any such infringers.

(d) The purchaser shall not remove or destroy any proprietary, confidentiality, trademark, registration, service mark, or copyright markings or notices placed upon or contained in any products or materials received from the Vendor.

6. Confidentiality

(a) The parties acknowledge that in their performance of their duties hereunder either party may communicate to the other certain confidential and proprietary information, which is confidential and proprietary to, and trade secrets of, the disclosing party.

(b) As a condition to the receipt of the confidential information from the disclosing party, the receiving party shall not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s confidential information and shall not use the disclosing party’s confidential information except to perform its duties hereunder or with the disclosing party’s express prior written consent.

7. Claims

(a) No liability for any claim for damage or non-functionality shall be accepted unless the purchaser notifies the Vendor in writing within seven days of delivery.

(b) No liability for any claim for missing items shall be accepted unless the Vendor is notified in writing by the purchaser within seven days of delivery.

(c) No liability for any claim will be accepted in the case of goods differing in quantity or description from the particulars given on the delivery note unless the Vendor is notified in writing by the purchaser within seven days of delivery, and the onus is on the purchaser to prove any shortage.

8. Copyright & Intellectual Property

(a) The Vendor shall not be required to print any matter which, in the Vendor’s opinion, is or may be of an illegal, offensive, extreme, or libellous nature or an infringement of a third party’s legal rights, including intellectual property rights.

(b) If after entering into a contract to print any work, the Vendor becomes aware or is informed that the work commissioned breaches the rights of a third party, the Vendor is entitled to stop the printing immediately until the purchaser satisfies the Vendor that there is no such breach.

(c) The purchaser shall be responsible for obtaining all necessary authorisations and consents to reproduce any material, including artwork, photographs, and text which has copyright, trademark, design, or any other legal or intellectual property rights attached, prior to instructing the Vendor to reproduce such works.

(d) The purchaser accepts full liability for any infringement arising from the purchaser’s action, inaction, or failure, including any negligence in obtaining the necessary authorisation or consent from the right holder of the protected works.

(e) The purchaser shall indemnify and hold blameless the Vendor against all demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses, and damages arising from or suffered or incurred by reason of any claim which arises from the reproduction of the protected works by the Vendor, including any misuse of a third party’s confidential information.

(f) All copyright and/or any related intellectual property rights in the work commissioned or ordered by the purchaser, which originates from the Vendor, shall belong to the Vendor.

(g) The purchaser shall not have any right to reproduce or authorise any other person to reproduce any such work in whole or in part or do any act, which in the absence of authorisation from the Vendor, would infringe copyright and/or any related intellectual property rights, which may subsist in the work.

9. Delivery

(a) If you refuse or fail to take delivery of products provided in accordance with these conditions, any risk of loss or damage to the products shall nonetheless pass, and without prejudice to any other rights or remedies we have:

1. We shall be entitled to immediate payment in full for the products or services delivered and either to effect delivery by whatever means we consider appropriate or to store products at your risk.
2. You shall be liable to pay on demand all costs of product storage and any additional costs incurred as a result of such refusal or failure to take delivery.
3. We shall be entitled 30 days after the agreed date for delivery to dispose of products in such manner as we determine and may set off any proceeds of sale against any sums due from you.

(b) You shall not be entitled to reject the products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.

(c) Where we deliver products by instalments, each instalment constitutes a separate contract, and any defect in any one or more instalments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent instalment.

(d) Save as otherwise provided in these conditions, risk of loss of or damage to the products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.

(e) The Vendor will notify the purchaser at point of despatch that the goods are being sent. It is the purchaser’s responsibility to notify the Vendor within 10 working days of the Vendor’s despatch notification if the goods have not been received. Failure to notify the Vendor within this time frame may reduce any options for any claim.

(f) The Vendor shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its reasonable control, including but not limited to: Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file, print-ready file, or other data or materials supplied by the customer; failure of power or heating supply; lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute; or inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the customer may by written notice to the Vendor elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

10. Returned Goods

(a) The Vendor will not accept goods for credit or rectification unless such return has been authorised with a returns reference number. Goods that have been personalised will not be subject to return unless there is a physical defect with the product, in which case we are happy to replace it without charge.

(b) The purchaser shall, unless otherwise stated, be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the Vendor for service or credit. The goods shall be at the risk of the purchaser until actual receipt of the goods by the Vendor. The onus of proof of safe delivery shall rest with the purchaser.

(c) All items returned to the Vendor by prearrangement and found to contain no fault will be subject to a 25% restocking charge, provided the goods are in original stock condition. Any downward variation of this restocking charge shall be at the sole discretion of the Vendor.

(d) No credit shall be allowed for goods until they have been received complete.

11. Consequential Loss

The extent of the Vendor’s liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods, and the Vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage, whether suffered by the purchaser or any purchaser of the purchaser, and whether direct, indirect, consequential, or however else arising.

12. Law

(a) If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.

(b) This contract is and shall be deemed to have been made in South Africa and shall in all respects be governed by South African Law.

(c) Nothing in these terms and conditions shall affect the rights of consumers.

(d) All orders placed are subject to Express Print’s Data Protection, Cookie, and Website Usage Policies.

(e) Individual product and service usage policies apply in addition to these terms and conditions of sale.

13. Payment

Express Print accepts payment as follows:

• Credit/Debit Card Payment/BACS: For pre-payment.
• BACS / Wire Transfer: Payment can be made directly to our bank account, within the payment terms.

Contact Information

Express Print Shop: L23, Rivonia Central, Oriental City Rivonia, Corner Rivonia Boulevard and 9th Ave, Rivonia, Sandton, 2128
Mobile: 073 625 5637
Email: info@expressprint.co.za
Website: www.expressprint.co.za