These terms and conditions of sale shall apply to all Orders placed by the Purchaser. The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and as such constitute a binding agreement between the Purchaser and IMAGEMAKERS (PTY) LTD or its assigns (IMA) upon acceptance of an order by IMA.
Definitions
Order(s): the request made by the Purchaser or its agent to IMA for the sale and delivery of certain Corporate Wear garments to the Purchaser, the details of which are contained either on the reverse side hereof or on any document requesting the supply of such garments, including additional, supplementary, and repeat orders. Purchaser: the party placing an Order with IMA or on whose behalf such Order is placed and who is identified as such on the reverse side hereof. IMAGEMAKERS (PTY) LTD, Reg. No. 1982/009616/07 of 21 Queens Park Avenue, Salt River, Cape Town or its assigns.
Agreement
This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein. No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and IMA. This agreement and all matters relating hereto shall be dealt with in accordance with the laws of South Africa.
Price
The prices reflected in the IMA Corporate Wear Price List are exclusive of VAT and exclude the cost of delivery to the Purchasers designated delivery address and are applicable to all Orders, completed, signed and received by IMA on or before the validity date as reflected in the Price List, Quotation or Invoice. Notwithstanding the above provision, IMA may, in its sole discretion and without notice to the Purchaser, alter the prices and validity dated without incurring any obligation prior to acceptance of an Order.
Credit information
The Purchaser gives consent to IMA or its assigns to verify any credit application submitted by the Purchaser to IMA, for purposes related to the National Credit Act, 34 of 2006, or the regulations under that Act.
Payment
No Orders shall be manufactured unless IMA is in receipt of the 50% deposit fee payment. The Purchaser shall pay for the Order in full, before despatched from IMA, as agreed between IMA and the Purchaser in respect of each specific Order. Should the Purchaser fail to pay IMA for the Order, IMA may suspend the delivery of further Orders until all sums due have been settled. Should the Purchaser cancel an Order, IMA may charge the Purchaser a cancellation fee not exceeding 50% of the Order. Overdue amounts by the Purchaser to IMA in respect of unpaid Orders shall bear interest at the rate of 2% above the prime bank overdraft rate charged as per Banking Institutions in South Africa from due date until date of payment.
Ownership and delivery
Ownership of all the Orders by the Purchaser shall remain vested in IMA and shall not pass to the Purchaser until IMA receives payment in full. While IMA shall use its best endeavours to adhere to any specified delivery date, it shall not be bound by such date and accepts no responsibility for any loss, expense, or any other damages of whatsoever nature that may result from any delay in delivery. Notwithstanding the reservations of ownership as set out above, ownership transfers to the Purchaser upon receipt of delivery.
Release
IMA will be exempt from any obligation to deliver specific items from the Order if, for valid reasons, it cannot supply and deliver them to the Purchaser. In such a situation, IMA will not be held responsible for any direct or indirect loss of profits or damages suffered by the Purchaser. This exemption does not impact the Purchaser’s responsibility to pay for the remaining items specified in the Order that have been supplied and delivered.
Alterations
The sizes and lengths of the garments, as more fully reflected and specified in the style guide, constitute the only sizes and lengths that are manufactured as part of the IMA Corporate Wear Collection and accordingly, exceptions will not be made should any sizes or lengths not match the requirements of the Purchaser. IMA shall have the right, without notice and from time to time, to withdraw, modify, or alter the styles, fabrics and colours of any of its styles without incurring any liability.
Exchanges
As each garment is delivered with detailed care instructions attached to it, IMA shall not be responsible for any damage that may be caused to the garments due to incorrect laundering or general poor care. Refer to our Exchange Policy for more information.
Breach
Should the Purchaser breach any of the terms of this agreement or fail to make payment on due date of any monies owing by it to IMA, IMA may, without prejudice to any other rights which it may have in law, cancel the agreement without any prior notice to the Purchaser and claim any damages it may have suffered as a result of such breach, or claim payment of all monies which are owing to it. The Purchaser will be liable for all expenses incurred by IMA in exercising any rights arising out of a breach of the Purchasers obligation or failure to pay any monies due by it, including legal charges as between attorney and own client, collection charges and tracing fees.
Signatory
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. The signatory by his/her signature hereby binds himself/herself as surety and co-principal debtor in solidum with the Purchaser to and in favour of IMA for payment of all sums of money which may at any time be owing by the Purchaser to IMA in terms of any Order and which sums shall include all interest and any other charges that the Purchaser is liable to pay to IMA.
Force majeure
Should IMA be unable to perform any of its obligations as a result of forces beyond its control from any cause whatsoever, IMA shall be entitled, at its option, to cancel any Orders to this agreement or to suspend performance of its obligations hereunder and shall not be liable for any loss or damage, consequential or otherwise, resulting from such cancellation or suspension.
