Terms and Conditions

	KMQ Promotions (PTY) Ltd
	Terms And Conditions

	KMQ Promotions is a trade only supplier and all our customers are required to register either directly on our website or obtain 
	the relevant documents from our accounts office.
	Legally binding contract
	These Terms and Conditions shall apply to all transactions between KMQ Promotions (The Seller) and the customer, the customers’ 
	agent/representative/employee (The Customer). By registering as a new customer and/or by using The Seller’s website at all and/or 
	by entering in any and all transactions with The Seller, you confirm that you, The Customer have read, understood and agree to be 
	irrevocably bound by these Terms and Conditions. The Customer warrants that all information and details provided to The Seller 
	either in the registration process or other are true and complete and The Customer warrants that you are legally entitled to 
	purchase the products for The Customer. Should there be any clause in these Terms and Conditions that you do not understand, 
	the onus is on you to ask The Seller to explain the relevant clause to you. These Terms and Conditions as amended and updated 
	regularly by the Seller and/as published on the Seller's website supersede any and all other terms and conditions appearing 
	partially or in full on any other products and documents. Notwithstanding this, The Seller reserves the right to impose additional 
	Terms and Conditions not mentioned here as it deems fit on branding options, delivery options and delivery arrangements which 
	constitute and imply as additional Terms and Conditions which can/will be communicated and / or published and amended as the need 
	arises. The Customer undertakes to inform The Seller of any changes in it’s addresses, shareholdings, directors within 7 days of 
	such changes.
	Products, Price and availability
	Every reasonable effort is made to ensure that the advertised content and the content on The Seller’s website is accurate, current 
	stock quantities and pricing of all items are both correct at the time of your purchase, invoice, enquiry and /or order. If however 
	the products are offered at an erroneous price and/or quantity The Seller shall not be obliged to supply the said product at the 
	incorrect price nor be held liable for inaccurate quantities presented, errors and omissions resulting in losses or damages. The Seller
	reserves the right to make any corrections to prices quoted due to errors and or omissions. The Seller reserves the right to amend prices
	at any time without notification and/or further notices. Prices and quantities as published on The Seller's Website are not guaranteed
	and are subject to change without prior notice. The actual colours of products and sizes may vary slightly from displayed items on this
	website, advertised or represented in our catalogue. The Seller reserves the right to advertise and display any products as well as
	products with limited quantities not necessarily part of our product range. Displayed stock quantities on The Seller's website may
	be invoiced out at any time and may change within minutes of viewing a particular item. The Customer can therefore verify stock levels
	with your account manager at any time. Backpacks advertised on The Seller's website and catalogue are not intended to be used as school
	bags, Cooler bags are not intended to keep loose pieces of ice. The Seller does not warrant that the goods sold to The Customer shall
	be suitable for the anticipated purpose.

	Under no circumstances will any stock items be reserved 
	All prices reflecting and published on The Seller’s website or other are exclusive of VAT 
	Ordering of Goods and Delivery 
	All orders from The Customer will be processed by the Seller in order of receipt. Orders may be placed by The Customer either by email 
	or directly on The Seller’s website. Once accepted by The Seller, no variations thereof may be made by The Customer without obtaining 
	written consent of The Seller. The Customer shall be liable for a handling fee at the discretion of The Seller. With reference to 
	The Seller’s Returns Policy, samples may be purchased and returned within 15 working days. The Seller reserves the right to cancel a 
	purchase order and/or invoice for reasons deemed fit and if and when The Customer is in default of this agreement and / or if outstanding 
	invoices are overdue/unpaid. 

	Should The Customer fail to object in writing within 7 (seven) days of receipt of the goods, it will be presumed that the correct goods 
	have been delivered and that same are in good 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 collect the goods on behalf of The Customer, 
	the transporter will, as agent of The Customer, be responsible to check the quantity and condition on behalf of The Customer. No Claim of 
	whatsoever nature shall be of any force against the Seller for any goods lost or damaged in transit. The Seller will not be held responsible 
	for the completion of transport / courier documents. Should the Customer notify after 7 (seven) days of receipt of the goods of any defects or 
	incorrect items received the Customer shall be liable for a handling fee at the seller’s discretion. . Whilst every effort has been made to 
	fulfil all orders correctly, should you take our goods to an external branding company, we ask that you check all items received BEFORE they 
	get branded as The Seller will not accept returns on any supplied items which have already been branded regardless of who is at fault. 

	Ownership of all goods delivered/sold by The Seller to The Customer shall remain vested in The Seller until such goods are paid for in full. 
	Risk in the goods sold will pass to the customer upon collection or delivery. The Seller shall not be held liable for any delays beyond 
	The Seller’s control including but not limited to equipment failure, fire, flood, drought, non-performance of the Seller’s appointed 
	courier / transport provider or other. Uncollected goods, paid in full or partially paid, not collected within 10 days are subject to a 
	daily storage fee as per the Seller’s discretion. Goods not collected for more than 21 working days will be donated to a local charity. 
	Printing Orders And Branded Items
	PDF Vector artwork is the only accepted format, 3 changes allowed at no additional cost.

	Further changes will be chargeable. Same fees can be amended from time to time.

	The Customer warrants and declares that it holds the appropriate copyright and/or trademark and/or other necessary permissions for all 
	material supplied to The Seller. The Seller will not be held liable for any copyright and/or trademark disputes.

	The Seller shall not be held liable for any errors in sizing, colour, logo’s, spelling, quantities or any other errors and omissions 
	whatsoever once the artwork is approved.

	A setup fee is chargeable on all branding orders.

	Cancelled branding layouts which have been created will be charged for.

	Additional T&C’s to all branding options as published on The Seller’s website and/or artwork will apply.

	Branding turn-around times can be confirmed with your account manager.

	Whilst every effort has been made to fulfil all orders correctly, should you take our goods to an external branding company, The Customer 
	validates and agrees to have checked all items received BEFORE they get branded as The Seller will not accept returns on any supplied 
	items which have already been branded. 

	No items branded by a third party will under any circumstances be returnable.
	Returns and Refund Policy
	The Seller reserves the right to refuse to accept the return of samples and goods no longer required, ordered in error or for any other 
	reason. The Seller may do so at its own discretion.

	The Customer shall be held liable for a handling fee.

	In the event of any goods delivered being defective and The Seller accepts that this is so then such goods shall be returned to the 
	Seller within 30 days of such acceptance. The seller shall then, in its discretion, be entitled to either replace or give The Customer 
	credit upon receipt of same goods.

	If the goods are not returned to the seller within the prescribed period, replacements or credits shall be at the Seller’s discretion, 
	as well as additional handling fees.

	Samples may be returned within 15 working days on condition same returned samples are to be accompanied by the original tax invoice, in 
	their original packaging and original condition, for refunds and/or credits to be processed.

	No branded items by third parties / externally branded items will under no circumstances be returnable.

	Refunds may take up to 10 working days to be processed and refunded by EFT only.
	Payment and Refunds
	Account customers shall pay strictly 30 days net from statement date without deduction or set-off. For all COD basis customers the 
	following shall apply:

	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 as follows:

	Payments for all goods ordered by The Customer from the Seller shall be effected within 3 days from acceptance of the order, failing which, 
	no deliveries will be effected by the Seller and the seller shall be entitled to defer delivery and / or to cancel the sale without 
	prejudice to its claim for damages

	•	Electronic fund transfers (internet Banking) – goods will only be released once payment reflects in the Seller’s bank account
	•	Cash deposits – goods will only be released the day after the cash deposit was made
	•	ATM Deposit – goods will only be released the day after the ATM deposit was made
	•	Cash payments – The seller accepts cash payments for samples only for security reasons 

	Refunds take up to 10 working days, The Seller’s procedures need to be followed as per The Seller’s Returns Policy
	Credit Terms And Suretyship
	All Customers with approved credit applications shall pay all tax invoices strictly on a 30 days net from statement date basis without 
	set-off or deduction. Any and all credit facilities granted to The Customer is entirely at the discretion of The Seller, dependent on 
	approved credit insurance. The Customer hereby agrees that the approved credit facility is a variable credit facility and that The Seller 
	shall be entitled to amend its credit limit from time to time. The Customer further agrees and undertakes to notify The Seller in writing 
	within seven days of any change in business address, ownership, change in shareholding of The Customer’s registered business, failing which 
	the entire balance owing, whether due or not will immediately be deemed to be due and payable by The Customer. In the event of The customer 
	defaulting in making payment of any amount that has become due and owing, then the full balance outstanding will immediately become due and 
	payable without notice to The Customer.

	Late payment fees and Interest shall be charged on all overdue accounts at an interest rate of 2% per month from the moment the debt is 

	A Certificate signed by a manager of The Seller, whose position and signature shall not be necessary to be proven, reflecting the amount 
	owing by The Customer to the Seller in respect of credit facilities and balances due to the Seller shall constitute the proof of Claim and 
	of the fact that such amount is due, owing and unpaid and shall be considered as adequate proof on its mere production for the purpose of 
	The Sellers’ rights to further action.

	Should The Seller instruct its attorneys or collection agent to institute recovery and or legal action against The customer to recover 
	any overdue amounts, The Customer shall be liable for all legal costs, as between Attorney and Own Client, agent or collection agency costs 
	incurred by The Seller in respect of all legal steps taken against The Customer. “Signatory shall mean the person or persons signing as 
	The Customer and the Signatory warrants that he has authority to contract with The Seller in accordance herewith. The Signatory hereby 
	expressly indemnifies the Seller and holds the Seller harmless in respect of all and any claims which may be made against The Seller by 
	all or any persons whoever arising out of The Seller’s fulfilling its obligations.

	In the event of the signatory singing on behalf of a company, partnership, Closed Corporation or Trust, the signatory hereby expressly 
	also binds himself personally as surety and co-principal debtor in solidum in favour of The Seller for the due and punctual payment of 
	all money which may now and from time to time hereafter be due and owing to The Seller in terms of this agreement. The signatory hereby 
	expressly renounces the benefits of any legal exceptions and exclusion and division and of the exceptions ‘de duobus vel pluribus 
	reis debendi’, ‘excussion’ and ‘Cession of Action’  ‘non numerate pecuniae ’, ‘non causadebiti, ‘errorre calculi’, ‘revision of accounts’, 
	‘no value received’, and all other exceptions which might or could apply in Law, with the full force, meaning and effect of which 
	exceptions the Signatory declares himself to be fully acquainted
	Copyright and other intellectual property 
	Any and all copyright relating to the website including these Terms and Conditions is held by The Seller. All rights not expressly given 
	are reserved. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, 
	links, private information, designs and agreements are the property of the Seller: KMQ Promotions.
	Upon registration The Customer will automatically be added to The Seller’s mailing list whereafter The Customer can at any time opt 
	out/unsubscribe from same mailing list. 
	The Seller is the owner of its website and adhere to a strict privacy policy for the protection of our users. We further assure you that 
	no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason whatsoever.

	We guarantee that personal information provided by the user will be employed solely for the purpose of providing any service that the user
	has requested.

	We guarantee that no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason unless 
	required by law.

	Please note that this site advertises on third party sites through Google AdWords, and Google may use cookies to serve ads based on 
	your visit to this site.

	You may opt out of seeing ads for this site by visiting the Google advertising opt-out page. 

	In addition this site uses Google Analytics to monitor website activity. For more information on how Google collects and processes data 
	please see How Google Uses Data When You Use Partner Sites Or Apps
	The Customer agrees and warrants that your user name and password shall be used for The Customer’s use only and shall not be disclosed to any 
	third party. The Customer agrees that the seller shall be entitled, at all times, to take all reasonable steps to ensure the integrity and 
	security of the Site, including associated applications.

	The content contained on the Site may be used by The Customer for its own use and purposes only. In using the Site you warrant that you shall 
	not infect it with any computer programming such as a virus that may damage, interfere with, delay or intercept any data or information on the 
	Site and The Customer hereby indemnifies The Seller for any damage caused by any act attributable to The Customer. Any person that delivers or 
	attempts to deliver any damaging code to this Site or attempt to gain unauthorised access to any page shall be prosecuted.
	Consent to sharing information
	The customer gives consent to The Seller to make any enquiries from a registered credit bureau or other credit providers in order for 
	The Seller to conduct a credit assessment and any credit enquiries from time to time with one or more credit bureaus, credit information 
	agents, credit insurance companies or other creditors (trade references) of The Customer in terms of this agreement.

	The Seller may communicate details to credit bureaus, credit information agents, agents, credit insurance companies or other creditors of 
	The Customer on The Customer’s payment performance in meeting his/her/its obligations in terms of this agreement.

	If The Customer fails to meet his/her/its commitments to The Seller, The Seller may record and report same non-performance with credit 
	bureaus, credit information agents, credit insurance companies or other creditors and agents.
	General Terms and Conditions
	No amendments alterations, addition, variation shall be of any force unless reduced to writing and signed by both parties

	The seller may at its own discretion, change and/or amend these Terms and Conditions or any part thereof, which will take effect immediately 
	upon posting of any amendments on The Sellers’ website. You shall be deemed to have accepted any changed terms and conditions should you 
	continue to use The Sellers website and/or enter into any and all transactions with The Seller.

	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.

	The SELLER does not warrant that the goods sold by them to The Customer shall be suitable for the purposes contemplated The Customer 
	chooses domcilium citandi et executandi as its address as stated on in its purchase order, or credit application form for account 

	The Customer undertakes to keep all price lists confidential and agrees and guarantees that the username and password you use to log in 
	on our website is for use by The Customer only and will not be passed on to any third party.

	These Terms and Conditions constitutes the whole agreement between The Seller and The Customer relating to the subject matter hereof. 
	Any indulgence of extension or time granted by the Seller to The Customer shall not be construed as a waiver or variation of any of our 
	rights or remedies.

	If any provision in these Terms and Conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed 
	severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms.

	The Customer shall be liable for bank charges as Charged by the Bank to the Seller on any cash deposit or ATM deposit directly paid into 
	any of the Seller’s Bank accounts.  Bank charges on Foreign / Inward Payments from Over the border Clients / Non-South African clients will 
	be for the Customer’s account and the Customer will thus be liable for any bank charges on their forex Payments.  These bank charges 
	mention here above will attract the applicable fees as charged by the Bank and will be due and payable by the Customer as allocated on 
	their accounts.

	The Seller will not be in any way responsible for losses, damages or delays caused by or arising from a natural disaster, an unavoidable 
	accident or acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, accidents of 
	any kind, insurrection, war whether declared or not, the imposition of any trade boycotts or sanctions of trade restrictions by any 
	government, authority, company or organisation within the Republic of South Africa or elsewhere or any other cause or contingency 
	whatsoever beyond the control of The Seller or otherwise The Seller reserves the right to impose additional Terms and Conditions on 
	branding options, delivery options and delivery arrangements or other not mentioned here as it deems fit.

	In terms of Section 45 of the Magistrate’s Court Act No32 of 1944, The Customer consents to the jurisdiction of the Magistrate’s Court 
	otherwise having jurisdiction in respect of any action to be instituted against The Customer by The Seller in terms hereof irrespective 
	of the amount of any claim. It shall nevertheless be entirely within the discretion of the Seller as to whether to proceed against 
	The Customer in such Magistrate’s Court of any other court having jurisdiction.

	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 The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this 

	The Seller chooses its domicilium Citandi et Executandi for all purposes under this agreement:
	1 Cosmic Street
	Linbro Business Park