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Terms and Conditions
1. Application
1.1 Once the order sheet or invoice or delivery note has been signed by the client, he/she agrees and acknowledges the terms and conditions stated hereon.
1.2 These terms and conditions shall apply to any work (hereinafter collectively referred to as “work”) to be carried out on any item/s (hereinafter collectively referred to as the “goods”) by O2 Designs – Skateboarding etc. (the company) as instructed by the client.
1.3 All or any of the work to be carried out by the company may be carried out on its behalf by any agent or sub-contractor appointed by it.
1.4 Once the client signs off on an order sheet or order request he/she acknowledges that, what has been requested is correct in all respects.
1.5 Should the client fail to comply with any obligations imposed on the client in terms hereof, on due date and persist in such failure for (3) three days after having been given written notice to remedy such default, the client shall be deemed in breach of contract. The company shall be entitled to enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.6 Should the client commit any act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the company shall be entitled to terminate this agreement forthwith and enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.7 The specific remedies which the company has against the client in terms of these General Conditions are without prejudice to any other remedies which the company may have, including the right to claim all such consequential and other damages from the client as the company may have suffered as a result of the breach by the client or any of his/her obligations.
1.8 Any agreement made with the company shall be deemed valid and standing only if the company director/s or owner/s has approved the arrangement.
2. Price
2.1 The price of the goods will be the company’s prevailing rates ruling at the time the work is carried out.
2.2 Any quotation price/s given by the company is valid for (14) fourteen days ONLY.
2.3 Orders that have begun and are requested to be cancelled, will be charged a 5% cancellation fee of the total amount of the invoice including bank charges. Orders that have been completed and are requested to be cancelled, will be charged a 50% cancellation fee of the total amount of the invoice including bank charges.
3. Payment
3.1 Full payment or partial payment of 80% of the total cost of the invoice will be necessary before any work is to be done.
3.2 Ownership in and to the goods supplied in terms of the invoice shall remain vested in O2 Designs – Skateboarding etc. until such time as the remaining outstanding payment is received by the company.
3.3 If the company accepts a cheque, electronic transfer or other instrument in payment of the amount due, the company reserves the right to retain ownership of the goods until such cheque, electronic transfer or other instrument is honoured.
3.4 The payment due date shall be the date of which delivery is made, but a further (3) three working days after delivery shall be given for electronic payment to reflect in the company’s banking account, unless a prior arrangement was made with a managing director/s of the company.
3.5 The company shall be entitled to charge interest on any unpaid amount, from the due date of such amount to the date of payment, at a rate which is 2% above the rate charged by the company’s bankers to it’s prime customers on overdraft from time to time. Such rate of interest shall be evidenced by a certificate to be issued by any manager of the bank, from time to time, and it shall not be necessary to prove the appointment.
3.6 In regards goods correctly supplied and incorrectly ordered: The refund moneys are to be paid into the clients account this will be done the same day the stock is uplifted less the 50% handling fee and bank charges.
In regards to cancellations: The refund moneys are to be paid into the clients account, this will be done the same day of the cancellation less the 5% or 50% according to cancellation fees if the order has begun, if the order has not yet started a full refund will be given less bank charges.
4. Delivery
4.1 The client shall take delivery of the goods in accordance to the specified delivery date for that client. Delivery shall be completed when the goods are handed to the client or its agent.
4.2 The expected completion date is a estimate only.
4.3 The company shall be entitled to suspend the delivery of the goods to the client if the client is in breach of any of the terms of this contract.
4.4 Any returns or claims will not be processed without the invoice, this is not negotiable.
4.5 Deliveries will be charged at R70 per delivery and R70 per collection, in the Kempton Park area only.
5. Guarantee’s
No guarantee shall be honoured if there has been any tampering with the products or items installed and/or applied.
6. Cancellation
6.1 Cancellations are to be made within the first (12) twelve hours from approval of order, thereafter cancellation charges apply.
6.2 If clients want to cancel work already in production a 5% cancellation fee will be charged on the total amount of the invoice.
6.3 If the client wants to cancel a job that has been completed a 50% cancellation fee will be charged on the total amount of the invoice.
7. Indemnification
The client hereby agrees to indemnify and hold harmless O2 Designs – Skateboarding etc. against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of the client in the performance and/or including the negligent acts or omission of any client or any direct or indirect employees of the client or clients.
8. Copyright Statement
All designs are copyrighted by O2 Designs – Skateboarding etc. or their respective authors. Nothing appearing on O2 Designs – Skateboarding etc. may be republished, reproduced or reprinted, either whole or in part, without written permission of O2 Designs – Skateboarding etc. or the copyright holder.
9. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting any materials on the O2 Designs – Skateboarding etc. website that violate another party's intellectual property rights.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send us a written notification of such infringement. Any claims of infringement should include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Jurisdiction
The client consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of the Magistrate’s Court Act, notwithstanding (even though) the claim by the company may exceed the normal jurisdiction of the Magistrate’s Court as to amounts. Notwithstanding (despite) the foregoing (prior), the company shall in its discretion be entitled to institute legal proceedings in any other court of competent jurisdiction.
11. Domicilium
11.1 The client nominates as its domicilium citandi et executandi the address reflected on the face of the invoice for service upon it of notices and processes in connection with any claim arising in terms hereof. Such notice may be given by prepaid registered mail or hand delivered to the client’s domicilium. Any notice given by the company to the client which is posted by prepaid registered post to the client’s domicilium for the time being, shall be deemed to have been received by the client on the 7th day after the date of posting. Any notice which the company may give to the client which is hand delivered to the client’s domicilium for the time being, shall be deemed to have been received by the client on date of delivery.
11.2 Any change of address must be notified within 14 days as required by law.
12. General
12.1 No addition to, variation or agreement cancellation of this agreement shall be of any foregoing effect unless it is recorded in writing and signed by a general manager of the company.
12.2 No indulgence, extension of time, relaxation or latitude which the company may permit at any time in regards to the caning out of any of the clients obligations shall prejudice the company in any manner or is to be construed as a waiver by the company of any of its rights in terms of this agreement.
12.3 This agreement and its interpretation shall be determined in all respects in accordance with the laws of the Republic of South Africa. Unless the context indicates the contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person, and vice versa, and the singular includes the plural, and vice versa. Clause headings are for convenience and shall not be used in the interpretation hereof.
12.4 No representative, agent or salesperson has any authority to waiver or vary any of these conditions or make any representations whatsoever on behalf of the company.
13. Costs
If the company institutes legal proceedings against the client arising out of any breach by the client of these conditions, the client shall pay all costs incurred by the company on the scale as between Attorney and own client.
14. Certificate of obligation
A certificate under the hand of any director of the company as to the existence and the amount of the obligation of the client to the company at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact, matter or thing relating to the obligation of the client to the company, shall be prima facie proof of the contents and correctness thereof and of the amount of the client’s obligation for the purpose of provisional sentence or summary judgement or any other proceedings instituted by the company against the customer, and such certificate shall be valid as a liquid document for such purpose. It shall further not be necessary to prove the appointment of the person signing such certificate.
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