Terms and Conditions of Sale

  1. These terms and conditions shall apply to all transactions between KMQ PROMOTIONS as Seller (“the SELLER”) and (“the CUSTOMER”) unless otherwise agreed to by both parties in writing.
  2. Payments for all goods ordered by the CUSTOMER from the SELLER shall be effected within three (3) days from acceptance of the order, falling which, no deliveries will be affected by the SELLER and the SELLER shall be intitled to order delivery and/or to cancel the sale without prejuice to it’s claim for damages.
  3. All orders shall be placed by the CUSTOMER to the SELLER in writing by post, telefax or e-Mail and once accepted by the SELLER, no variations thereof may be made by the CUSTOMER without the written consent of the SELLER first being obtained.
  4. All orders from the CUSTOMER will be processed by the SELLER in order of receipt.
  5. Should the CUSTOMER fail to object in writing within seven (7) days of receipt of the goods, it will be presumed that the correct goods have been delivered and that the same are in the condition. It will be the responsibility of the CUSTOMER upon taking delivery of the goods to check same as to the quantity and condition and should the CUSTOMER engage a transporter to fetch the goods, the transporter will, as agents of the CUSTOMER, be responsible to check the quantity and condition on behalf of the CUSTOMER. No claim of whatsoever nature shall be against the SELLER for any goods lost or damaged in transit.
  6. The SELLER will not be held responsible for the completion of transport/courier documents.
  7. The SELLER shall not be liable for any claim for loss or damages whatsoever, including consequential damages, however arising, whether as a result of breach of contract or arising in defect or whether as a result of any act of omission or negligence on the part of the SELLER, its agents or servants.
  8. In the event of any goods delivered being defective and the SELLER accepts that this is so then:
    1. Such goods shall be returned to the SELLER within thirty (30) days of such acceptance;
    2. The SELLER shall in its discretion be entitled to either replace or give the CUSTOMER credit therefore;
    3. The CUSTOMER shall be liable for a 15% handling fee;
  9. No branded goods will under any circumstances be returnable.
  10. The SELLER does not warrant that the goods sold by them to the CUSTOMER shall be suitable for the purposes contemplated;
  11. Ownership of all goods sold by the SELLER to the CUSTOMER shall remain vested in the SELLER until such goods are paid for.
  12. The CUSTOMER chooses domcilium citandi et executandi as its address as stated in its order.
  13. The CUSTOMER shall be liable for all legal costs incurred by the SELLER in enforcing its right in terms hereof on the Attorney and Client scale.
  14. All printing orders are subject to the terms and conditions specifically relating thereof which are obtainable from the SELLER on request.
  15. Payment for all goods sold by the SELLER to the CUSTOMER shall be effected in the following manner and subject to the terms set out hereunder:
    • Electronic fund transfers (internet banking) goods will only be released once payment reflects on the SELLER’s bank account;
    • Bank cheques are not to be deposited but are to be taken to the SELLER’s office for verification as depositing of these cheques will result in the funds having to be cleared into the SELLER’s account before the goods can be released;
    • Cash deposits are to be deposited into the SELLER’s account but will only be cleared the following working day on which day the goods will be released. The CUSTOMER’s account number, invoice number and the CUSTOMER’s name must be indicated on all payment or deposit slips as the case may be;
    • Cash will, for security reasons, only be accepted at the SELLER’s place of business for samples;
    • Any other forms of payment will take seven (7) working days to clear, For this reason no stock will be released until funds have been cleared by the SELLER’s bank.
  16. The SELLER will as its discretion be entitled to institute action out of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944 or any amendment thereof in respect of all matters arising out of this agreement.