“The Company” shall mean CLEVERJUMP GROUP LP “ The Purchaser” shall mean the person, client, Company or firm to whom this quotation is addressed.
(a) This quotation will remain open for acceptance for a period of 14 days, unless extended in writing. (b) This quotation may only be accepted in writing and deemed to be accepted only upon receipt of the written acceptance by the Company. (c) Prices quoted exclude VAT packing if required and delivery charges unless otherwise provided for on the quotation. (d) This quotation is subject to final specification and fabric approval. In the event that an adjustment is required to the original quotation, the customer will be informed thereof and will receive an amended quote.
3. MASCOT DESIGN – MOCK-UPS & APPROVALS:
The digital mock-up of your character is a visual aid for the approval of colours, branding placement, proportions and form. Colours used in the mock-up are based on fabric colours available from our suppliers. In the event of us not being able to acquire the desired shade of colour, we will present alternate options for approval. In terms of proportions, we adjust or create your character to fit the human form. During the construction process, there are certain aspects that could change due to the type of materials or other constraints. This could affect the final shape slightly, however we endeavor to create the final product as close to the approved artwork as possible.
4. MANUFACTURING ORDERS:
The Purchaser warrants that the execution of the order will not infringe the rights of third parties by virtue of any registered or unregistered patent or design or other intellectual property and indemnifies the Company from any claim which may be instituted on the grounds of such infringements.
5. PROVISIONS AND CONDITIONS:
(a) All concepts, drawings, plans, estimates and prototypes supplied in connection with this quotation are subject to the copyright of the Company & may not be disclosed to other parties and must be returned to the Company on request.
(b) All production tooling will remain the property of the Company. (This is inclusive of but not exclusive to production moulds, dies, patterns etc)
6. CONTRACTS SEVERABLE:
Upon acceptance of this quotation, each item therein shall be deemed to form the subject of a separate and severable contract between the parties.
7. TERMS OF PAYMENT:
(a) A deposit equal to 50% of the full invoice price is payable on acceptance of the quotation ( ie; Confirmation of Order ). The balance is payable on delivery, collection or invoicing whichever occurs first.
(b) We may impose a cancellation fee in the event of cancellation before delivery. The fee will depend on the nature of the order, the length of notice of the cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds of deposits will be allowed in the event of cancellation for Special-Order Goods that have already been ordered / made or if any order is cancelled with less than 24 hour notice, unless agreed by mutual consent.
(a) Unless a date for delivery is specified in this quotation delivery shall be affected within a reasonable time or acceptance of this quotation, subject to delays or circumstances beyond the control of the Company or delays caused by suppliers or subcontractors.
(b) It is accepted by the purchaser that a reasonable time for the manufacture of a mascot is between 3 to 6 weeks depending on complexity.
( c) In the event of an urgent order, the customer will be required to sign an additional indemnity that indemnifies the company from liability pertaining to the rushed finished end product.
(a) The Company shall within 3 months after delivery of new mascots, repair or replace failed, unsafe or defective parts or refund the customer the price paid by the customer at the election of the customer. The aforesaid warranty is subject thereto that:
The goods supplied by the company have not been altered contrary to any instruction of the company after leaving the company’s control.
Has not been exposed to abuse or exposed to any use other than what the product was manufactured for.
The customer has followed the instructions ( see wearing, washing, taking care and safety instructions ) as provided by the Company and
The goods have been inspected by the manufacturer in order to evaluate / determine the reason of the products malfunction before the customer will be entitled to its replacement, repair or refund.
Any claim for defective goods must be submitted to the company in writing. The Company will not be liable in terms of this warranty under circumstances where such unsafe product characteristics, failure, defect or hazard did not exist in the goods at the time that it was supplied by them. No goods may be sent back without authorization.
(b) The guarantee is limited to the Purchaser and shall not be capable of being ceded, assigned or transferred to any other person.
The risk of handling the goods will pass to the client as soon as the goods are collected from the Company either in person by the client or by a nominated representative including commercial parcel / freight / delivery & collection services.
The Purchaser consents to the jurisdiction of the Magistrate’s court in connection with any claim arising out of this agreement, irrespective of the sum in dispute.
12. LIMITATIONS OF THE LIABILITY:
The Company shall not be liable for any consequential loss however arising sustained by the Purchaser and the liability of the Company shall be limited solely to the implementation of the guarantee as set out in clause 8 above. Provided that the liability of the Company is limited to effecting repairs or replacing faulty or defective parts or material only.
. CLAIMS AND INDEMNITY:
(b) The Purchaser hereby waives all claims against the Company arising directly or indirectly out of faulty, incompetent or defective manufacture, assembly, usage and the Purchaser further indemnified the Company against all such claims made by any third party(acquiring goods from the Purchaser) as aforesaid.