IMAGEMAKERS TERMS & CONDITIONS OF SALE FOR BUSINESS AND PRIVATE ORDERS
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 from 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.
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. IMA IMAGEMAKERS (PTY) LTD, Reg. No. 1982/009616/07 of 21 Queenspark Avenue, Salt River Cape Town or its assigns.
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.
The prices reflected in the IMA Corporate Wear Price List are exclusive of VAT and are applicable to all Orders, completed, signed and received by IMA on or before the validity date as reflected in the Price List. 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. The prices exclude the costs of the delivery of the garments to the customers at its designated delivery address.
The Purchaser hereby consents to IMAGEMAKERS (PTY) LTD on its assigns or verifying any application for credit made by the Purchaser to IMAGEMAKERS (PTY) LTD or for any of the purposes contemplated by the National Credit Act, 34 of 2006 or the regulations made in terms of such Act.
The Purchaser shall pay for the garments in full, before they are 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 garments, IMA may suspend the delivery of further orders until all sums which are due have been paid. Should the Purchaser cancel an Order, IMA may charge the Purchaser a cancellation fee not exceeding 50% of the Orders shall bear interest at the rate of 2% above the prime bank overdraft rate charged by ABSA Bank, from time to time, to its preferred customers, from due date until date of payment. The Purchaser shall not be entitled to attach any condition whatsoever to any payment made to IMA, including the condition that any payment is made and tendered in full and final settlement. If the Purchaser attaches any such condition, IMA will be entitled to accept payment on account and to exercise its rights in terms hereof as if no such condition had been attached.
OWNERSHIP AND DELIVERY
All garments displayed in the IMA Corporate Wear catalogue are subject to availability. IMA shall be released from the obligation to deliver any particular items of the Order if, for any good reason, it is unable to supply and deliver it to the Purchaser. In such event, IMA shall not be liable for any loss of profit or damages, direct or indirect, consequential or otherwise that the Purchaser may suffer. Such release shall in no way affect or detract from the Purchaser’s obligation to pay for the remainder of the items reflected in the Order that are supplied and delivered to the Purchaser.
All garments displayed in the IMA Corporate Wear catalogue are subject to availability. IMA shall be released from the obligation to deliver any particular items of the Order if, for any good reason, it is unable to supply and deliver same to the Purchaser. In such event, IMA shall not be liable for any loss of profit or damages, direct or indirect, consequential or otherwise that the Purchaser may suffer. Such release shall in no way affect or detract from the Purchasers obligation to pay for the remainder of the items reflected in the Order that are supplied and delivered to the Purchaser.
Notwithstanding the reservations of ownership as set out above, all risk in and to the garments shall pass to the Purchaser upon delivery.
The sizes and lengths of the garments, as more fully reflected and specified in the catalogue, 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 such sizes or lengths not match the requirements of the Purchaser. Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, IMA may agree to alternative arrangements that may meet the Purchaser’s requirements. 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.
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.
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.
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.
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 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.
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