TERMS AND CONDITIONS OF TRINITY PROMOTIONS CC T/A TRINITY SIGN & PRINT
(including CPA and non-CPA Customers)
1. PLACING ORDERS
1.1.1. The Company’s Quotation, based upon a request made by the Consumer/Customer, is valid for 7 (Seven) Days from the date thereof (unless previously withdrawn or revised) after which time it shall automatically expire and become null and void.
1.1.2. These Conditions shall integrally form part of the Quotation and invoice.
1.1.3. The Company’s Quotation is subject to stock availability.
1.1.4. Artwork charges will be quoted additionally, if not supplied in the correct format.
1.1.5. Delivery is excluded, unless specifically included in the Quotation.
1.1.6 Quote Accuracy and Liability: While we strive to provide accurate and comprehensive quotes, mistakes and errors may occur from time to time. Our quotes are provided based on the information available at the time of preparation, and we reserve the right to correct any errors or omissions. We shall not be held liable for any claims, losses, damages, expenses, or liabilities arising from mistakes or inaccuracies in the quotes provided by our staff members. It is the responsibility of the client to review and verify all details in the quote before proceeding with an order. Any changes or adjustments to the quote must be requested in writing and agreed upon by both parties. We recommend seeking clarification on any aspects of the quote that may be unclear or questionable. By accepting a quote and placing an order, the client acknowledges and agrees to the terms outlined in this clause.
1.2. Change/Extension of Order
1.2.1. Any request by a Consumer/Customer to change or to extend an Accepted Order shall be treated as a separate request for a Quotation. An Order shall be deemed to constitute an Accepted Order if accepted in writing by the Company or if the Company commences work in respect of such Order. Orders may be subject to some variation by the Company due to factors beyond its control including, but not limited to an inability to source Products/ supplies, power outages, strikes, riots, black outs, labour disputes, civil disturbances, war or acts of God.
22.214.171.124. If a vehicle branding slot is missed, then the Customer is liable to pay a cancellation fee of R1000.00 (one thousand rand) to the Company, immediately upon demand.
126.96.36.199. If a Customer cancels vehicle branding at least 72 (seventy two) hours prior to the scheduled appointment for application, the Customer will be credited for the application fee less a 15% (fifteen percent) cancellation fee, calculated on the total invoice value. In addition, the Customer is liable to pay any production costs incurred by the Company in full and immediately on demand.
188.8.131.52. If a Customer cancels vehicle branding less than 72 (seventy two) hours prior to the scheduled appointment for application, the Customer will be liable to pay the
total invoice value in full to the Company, immediately upon demand. If the vehicle is then rescheduled for a later application date, the Customer shall be liable to pay an additional application fee.
184.108.40.206. If a Customer cancels any other Order, the Customer shall be liable to pay the Company a cancellation fee, calculated at 15% of the total invoice value. In addition, the Customer is liable to pay any production costs incurred by the Company in full and immediately on demand.
2. PRICE AND PAYMENT
2.1. The price to be paid by the Consumer/Customer is the total price as set out in the invoice.
2.2. Unless stated otherwise by the Company in writing, prices are quoted for Services to be rendered and/or for Products to be supplied during the Company’s ordinary working hours.
2.3. Due to currency fluctuations, increases in cost price and/or other variables, the Company’s prices are subject to change without prior notice.
2.4. Prices quoted are exclusive of VAT.
2.5. All invoices shall be paid by the Consumer/Customer in RAND through electronic fund transfer or credit/debit payment and shall be free of deduction, set-off or counterclaim.
2.6. Full payment of the total price must be made upfront invoice in instances where the Company will deliver the Products to the Consumer/Customer and/or where Services will be rendered on site, including but not limited to all onsite installations and/or applications. In all other instances, 50% (fifty percent) of the total price is payable on the Consumer’s/Customer’s acceptance of the Quotation and the balance is payable on collection.
2.7. Full payment of the total price must reflect in the Company’s bank account before any Products will be released. If the Products are required on the same day that the electronic fund transfer is made, then the Consumer/Customer must arrange with his/her bank for immediate clearance.
2.8. If payment is not received by the Company on the specified date, the full invoice amount will become due and payable immediately.
2.9. Interest will be charged on all overdue amounts at the maximum rate permissible in law. The “make ready” artwork fee will not be charged by the Company if the artwork is supplied
by the Consumer/Customer in print ready format, to size or if the Company already has it on file.
2.10. The designing of artwork is charged at an hourly (or part thereof) rate.
2.11. The artwork fee will not be charged by the Company if the artwork is supplied by the Consumer/Customer in a print ready format, to size or if the Company already has it on file.
2.12. The installation of signage is subject to a final site inspection by the Company’s signage rigger and the price contained in the Quotation is subject to change.
2.13. Delivery of Products (with a combined weight of up to 10 kilograms) to a premises within a 20km radius of the Company’s premises will be charged at R150.00 (one hundred and fifty rand).
2.14. Delivery of Products (with a combined weight of up to 10 kilograms) to a premises within a 40km radius of the Company’s premises will be charged at R200.00.
2.15. The Company’s delivery charges as set out in clauses 4.14 and 4.15 above, are subject to change without prior notice.
2.16. The Company’s charges in respect of an Order will be contained in the Quotation.
3. PRODUCTION TIMES
3.1. The Company’s average production times as set out in clause 5.3 are estimated production times only and the Company is not bound thereto. High volumes will result in longer production times. Production time is dependent on job specifications and stock availability. More accurate production times can only be provided once the layouts have been approved.
3.2. The production times are negotiable, and a variation in production times may be agreed in writing between the Parties before an Order is placed by the Consumer/Customer.
3.3. The Company’s average production times, are as follows:
3.3.1. Artwork proofs: 1 - 2 Business Days from receipt of the Order and applicable payment;
3.3.2. Standard signage: 7 - 10 Business Days to manufacture the signage from approval of artwork. Once completed, installation will be scheduled within 5 Business Days, provided full payment has been received. No installations will be scheduled if full payment is not reflecting in the Company’s bank account.
3.3.3. Vehicle branding: 5 Business Days for printing, cutting and lamination from the day the vehicle is brought in for measurements and vinyl colours are chosen. Once the vinyls are ready, installation will be scheduled within 5 Business Days. No installations will be scheduled if full payment is not reflecting in the Company’s bank account.
3.3.4. Business cards: Business cards approved before the Friday of the current week, will be ready for collection by the Thursday of the next week. Business cards are printed once a week;
3.3.5. Flyers: 7 – 10 Business Days from date of artwork approval (if applicable);
3.3.6. Litho printing that requires finishing ie. die cutting, lamination, binding etc.: 10 - 14 Business Days;
3.3.7. Screen printing of correx: 7 – 10 Business Days from date of artwork approval
3.3.8. Screen printing of t-shirts: 5 – 7 Business Days from date of artwork approval (if applicable). An additional 2 Business Days will be applicable if the Company is required to supply the t-shirts;
3.3.9. Heat press t-shirts: 1 – 2 Business Days from date of artwork approval. An additional 2 Business Days will be applicable if the Company is required to supply the t-shirts;
3.3.10. Garments with embroidery: 5 – 7 Business Days from date of artwork approval .
3.3.11. Vinyl stickers: 2 – 4 Business Days from date of artwork approval.
3.3.12. Pad printing: 5 – 7 Business Days from date of artwork approval.
3.3.13. Pull up and wall banners: 5 – 7 Business Days from date of artwork approval.
3.3.14. Sublimated banner printing ie. flags, gazebos, pop up banners: 5 – 7 Business Days from date of artwork approval.
3.3.15. General screen printing: 7 – 10 Business Days from date of artwork approval.
4. OBLIGATIONS OF THE CONSUMER/CUSTOMER
4.1. The Consumer/Customer shall:
4.1.1. pay all amounts due to the Company, timeously;
4.1.2. supply artwork to the Company in Corel Draw/High res PDF/vector files, failing which, such artwork will not be regarded as being print ready;
4.1.3. remove and ensure that all valuables are removed from the vehicle, before the vehicle is provided to the Company;
4.1.4. follow the Company’s vehicle care instructions, provided at the time of collection of the vehicle;
4.1.5. ensure that the vehicle is clean when brought in for branding;
4.1.6. supply full colour images in CMYK and at a minimum 200 DPI
4.1.7. collect the Products from the Company’s premises, unless otherwise agreed in writing.
5. OWNERSHIP – RESERVATION OF TITLE
5.1. Ownership of the Products shall, at all times, remain vested in the Company until the Company has received full payment of the total price of all of the Products purchased and/or Services concerned.
6. CARRIAGE/ DELIVERY
6.1. Carriage/Delivery of the Products and/or onsite installation/ application is for the Consumer/Customer’s account.
6.2. All Products duly dispatched/ delivered by the Company to the Consumer/Customer, shall be at the Consumer/Customer’s risk.
6.3. Insurance of the Products, is the sole responsibility of the Consumer/ Customer.
6.4. Delivery times are estimated as accurately as possible and the Company will use its best endeavours to adhere to such estimated times. However, delivery times are not guaranteed, unless otherwise agreed by the Company in writing. Accordingly, the Company shall not be liable for any delays which are not so guaranteed. Delivery times are also subject to revision without notice and the Company cannot accept any liability for late deliveries.
6.5. Goods required to be delivered by the Company shall be received, off-loaded, stored and protected by the Consumer/Customer and shall be at the Consumer’s/ Customer’s risk.
7. LIABILITY AND INDEMNITY
7.1. The Consumer/Customer shall be responsible for ensuring that the Products and/or Services are sufficient and suitable for the Consumer’s/Customer’s purposes and the Company shall have no liability to the Consumer/Customer in the event that the Products and/or Services are not sufficient and suitable for the Consumer/Customer’s purposes.
7.2. Save to the extent permitted by law, the Company, its members, employees and co-workers shall not be liable, under any circumstances, and the Consumer/Customer indemnifies the Company, its members, employees and co-workers against any liability or claims:
7.2.1. in respect of damage to and/or theft of and/or loss of the Consumer’s/Customer’s vehicle, howsoever caused, while it is in the Company’s possession, including but not limited to when the vehicle is driven to another location for branding. The Consumer/Customer places its vehicle in the Company’s possession at its own risk and the Consumer/ Customer is responsible for ensuring that he/she has comprehensive insurance cover in place for the duration that the vehicle is in the Company’s possession;
7.2.2. in respect of theft and/or loss of the Consumer’s/Customer’s personal belongings. The Consumer/Customer must remove all personal belongings from the vehicle prior to placing the vehicle in the Company’s possession;
7.2.3. in respect of damage to and/or theft of and/or or loss of the Consumer’s/Customer’s items, howsoever caused, placed in the Company’s possession for branding. The Consumer/Customer places its items in the Company’s possession at its own risk. The Company will take the utmost care when branding the Consumer’s/Customer’s items;
7.2.4. in respect of any damage caused to the Consumer’s/ Customer’s vehicle during the application and/or removal of vinyl, if the vehicle has been resprayed and/or if the vehicle model is older than 5 (five) years;
7.2.5. in respect of any damage caused when vinyl is removed;
7.2.6. in respect of the quality of the print if low resolution images are supplied by the Consumer/ Customer. The Company cannot improve the quality of pixelated and/or blurry images.
7.2.7. in respect of the final colour if no Pantone code was supplied by the Consumer/Customer prior to printing.
7.3. Customer Only
7.3.1. The Company, its members, employees and co-workers shall not be liable for any direct or indirect damages, loss of profit, consequential damages, loss or injury to any person or property by reason of the Services and/or Products or any defects in them or by reason of any advice given. The Company’s aggregate liability to the Customer shall in no circumstances exceed the price paid by the Customer to the Company in respect of the Products and/or Services that caused the damages and shall never include indirect, consequential or economic loss (howsoever arising) including, but not limited to, loss of profit, loss of production or loss of business.
7.4. Consumer Only
7.4.1. The Company shall, in accordance with Section 61 of the Consumer Protection Act, be liable for:
220.127.116.11. the death of or injury to any natural person;
18.104.22.168. illness of any natural person;
22.214.171.124. any loss of or physical damage to any property; and
126.96.36.199. economic loss resulting from harm resulting from (i), (ii) and (iii) above, caused asa consequence of:
188.8.131.52.1. supplying unsafe Products;
184.108.40.206.2. a Product failure, defect or hazard in any Products; or
220.127.116.11.3. providing inadequate instructions or warnings to the Consumer concerning
any hazard arising from or associated with the use of the Products, and the cause concerned existed at the time when the Products were supplied to that natural person.
7.4.2. Claims regarding the above-mentioned shall be valid if issued within 3 years after:
18.104.22.168. the death or injury;
22.214.171.124. the earliest moment when the natural person had knowledge of the illness;
126.96.36.199. the earliest moment when the natural person had knowledge about the loss or
physical damage to that property; or
the latest date on which the natural person suffered any economic loss.
7.5. The Consumer/Customer shall not be entitled to withhold any payment due under these Conditions because of any disputed claim in respect of the Products and/or Services, or with respect to any other alleged breach of these Conditions, or to set-off any amount payable to the Company against any amount payable by the Company unless authorised in writing by the Company.
8. RETURNS, REFUNDS AND GUARANTEES
8.1. The Company only provides the guarantees as expressly set out in these Conditions and disclaims all other implied guarantees and warranties.
8.2. All outdoor, indoor, vehicle vinyl applications and sign boards have a standard one year workmanship guarantee. This guarantee is subject to the following conditions:
8.2.1. The guarantee does not apply in the event of damaged, deformed and/or rusted surfaces;
8.2.2. In the event of peeling, lifting, bubbling or tearing, the Consumer/ Customer must notify
the Company in writing of the issue within 7 days of the work being done by the Company. The guarantee shall not apply if the Company was not notified in writing timeously;
8.2.3. In the event of defects in respect of the vehicle signage, the Consumer/ Customer must return the vehicle to the Company’s premises for repairs within 7 Business Days of the work being done by the Company. The guarantee shall not apply if the vehicle is not returned to the Company’s premises timeously;
8.2.4. The guarantee does not apply to damage due to accidents, improper use and/or care.
8.3. Non-laminated vinyls have a 6 month colour guarantee.
8.4. Vehicle signage have a 1 year guarantee. This guarantee is subject to the following conditions:
8.4.1. The guarantee does not apply in the event of old, deformed and/or rusted surfaces and/or surfaces where the paint is flaking;
8.4.2. In the event of lifting, peeling, bubbling or tearing, the Consumer/ Customer must notify the Company in writing of the issue within 7 Business Days of the work being done by the Company. The vehicle must be returned for repairs to the Company’s premises
within 7 Business Days of the work being done by the Company. The guarantee shall not apply if the Company was not notified and/or if the vehicle was not returned to the
Company’s premises timeously. The Consumer/Customer accepts that small bubbles take about two weeks to settle;
8.4.3. The guarantee does not apply to lifting on plastic surfaces ie. plastic bumpers, side beadings etc;
8.4.4. The guarantee shall not apply if the Consumer’s/Customer’s vehicle is not clean, when brought in for branding;
8.4.5. The vehicle may only be hand washed with water. The guarantee shall not apply if the vehicle is polished, washed using a machine operated car wash, washed using a power hose or the like;
8.4.6. The guarantee shall not apply if the Consumer/ Customer does not adhere strictly to the car care instructions, provided to him/her upon the collection of the vehicle.
8.4.7. The guarantee does not apply to damage due to accidents, improper use and/or care.
8.5. Personalised Products can only be returned for replacement if the Product is defective, and must be returned within 7 Business Days from date of purchase in the same condition as at date of purchase and in the original packaging.
8.6. Non personalised Products must be returned for a refund within 7 Business Days from date of purchase in the same condition as at date of purchase and in the original packaging. The refund will be subject to a 15% handling fee being charged by the Company.
8.7. All samples issued, must be purchased by the Consumer/Customer and the amount paid in respect of the samples, will be credited once the Order is placed.
8.8. The Company does not guarantee that vinyl will stick to your walls, or all rubber, wood & plastic surfaces. Vinyl applies best to smooth, dry and clean surfaces. Vinyl may not adhere to rough or textured surfaces. Samples are available if the Consumer/ Customer would like to test the vinyl on the relevant surfaces.
9. FORCE MAJEURE
9.1. Delays in or failure of performance by the Company shall not constitute default herein or give rise to claims for damages if and to the extent that such delay or failure is caused by force majeure which is defined herein as occurrences beyond the reasonable, practical, economic or business control of the Company, and which, by the exercise of reasonable diligence the Company would not normally have been able to prevent, including, but not limited to, decrees of Government, national or provincial lockdown, Act of God, strikes or other concerted act of workmen, fires, floods, explosions, riots, civil commotion, war, rebellion, sabotage, disruption of manufacture or commerce for political or other reasons.
10. EARLY TERMINATION
10.1. Each Party shall be entitled, without prejudice to any other right or remedy available to that Party, to forthwith cancel any agreement made pursuant to these Conditions or suspend any further deliveries of the Products and/or Services in the event that:
10.1.1. either Party makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or is sequestrated or goes into liquidation
(otherwise than bona fide for the purposes of amalgamation or reconstruction);
10.1.2. an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of one of the Parties;
10.1.3. either Party ceases, or threatens to cease to carry on business;
10.1.4. any event analogous to any of the foregoing occurs in any jurisdiction in relation to the other Party;
10.1.5. either Party breaches applicable laws and regulations and cannot remedy the breach within 20 Days following the non-breaching Party’s notice of default in respect of such breach; or
10.1.6. either Party commits any default or breach of these Conditions or of any of its obligations to the other Party and the breaching Party fails to remedy the breach within 20 Days following the non-breaching Party’s notice of default without prejudicing the non-breaching Party’s rights to claim damages.
10.2. In such event the breaching Party shall be liable for any legal costs, collection costs, the tracing agent fees, the attorney’s costs on an attorney and own client scale and/or collection commission in the amount of 10% on each instalment paid to the attorney or paid directly to the non-breaching Party following hand-over of the matter to the attorney, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
11. CUSTOMER DATA PROTECTION
11.1. The Company will be exposed to the Customer/Consumer’s Personal Data when providing the Products and/or rendering the Services to the Customer/Consumer in accordance with these Conditions.
11.2. The Parties agree that all Customer/Consumer Personal Data and information to which the Company is permitted access in connection with these Conditions or which is supplied/ provided by the Customer/Consumer or on its behalf for any purpose, shall remain the sole property of the Customer/Consumer and shall be deemed to be Confidential Information and all Customer/Consumer Personal Data shall be subject to the Data Protection Laws.
11.3. The Company agrees it shall comply with all relevant statutory obligations contained in the Data Protection Laws, policies and procedures (as may be amended from time to time).
11.4. The Company shall only use and/or keep Customer/Consumer Personal Data for purposes of performing its obligations under these Conditions and only in a manner directed by the Customer/Consumer and shall not otherwise modify, amend or alter the contents of the Customer/Consumer Personal Data or disclose or permit the disclosure of such Customer/Consumer Personal Data to any third party, unless specifically authorised to do so by the Customer/ Consumer or as required by law or any regulatory body and shall take all such steps as may be necessary to safeguard the Customer/Consumer Personal Data;
11.5. The Company shall ensure that appropriate technical and organisational measures are in place at all times in order to prevent any unauthorised or unlawful Processing of such Customer/Consumer Personal Data and to prevent against the accidental loss or destruction of, or damage to, such Customer/Consumer Personal Data;
11.6. The Company shall not without the prior written consent of the Customer/Consumer process or transfer any Customer/Consumer Personal Data outside the Republic of South Africa;
11.7. The Company shall provide the Customer/Consumer with proof and/or copies of all compliance, security, audit and control reports created by it, as may be requested by the Customer/Consumer from time to time to ensure adherence to the Data Protection Laws by the Company;
11.8. The Company shall immediately notify the Customer/Consumer in writing when it becomes aware of, or has reasonable
grounds to suspect, any unauthorised, unlawful or dishonest conduct or activities, or any breach of the terms of these Conditions relating to the Customer/Consumer Personal Data;
11.9. The Company shall co-operate with any request for access or query from an individual who is the subject of Personal Data and/or responding to any enquiry made, or investigation or assessment of any Processing initiated by a relevant regulatory authority in respect of such Personal Data.
11.10. The Company shall, at the Customer/Consumer’s written request and in accordance with the Customer/Consumer’s written instructions, securely retain, delete, destroy or return all copies of the Personal Data. Personal Data shall be returned by secure file transfer or in such format as the Customer/Consumer reasonably requests.