Angle Orange (Pty) Ltd trading as RENDERMATIC 3D
STANDARD TERMS AND CONDITIONS
(IN FORCE FOR ALL BUSINESS UNDERTAKING IN THE ABSENCE OF A SIGNED CREDIT AGREEMENT)
1. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding upon placement of order.
2. All quotes will remain valid for a period of 30 (thirty) days from the date of the quote; the validity of any price quoted is subject to any increases in the prices charged by the Company's suppliers. All quotes where the exchange rate plays an integral role in the cost, will remain valid for a period of 7 (seven) days from the date of the quote.
3. Commencement: Timing is subject to receiving formal approval and receiving all assets before a final work schedule is agreed upon.
4. The Customer hereby confirms that the items and services ordered and/or commissioned by means of a customer purchase order duly represents the items and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place, that the services and goods were inspected and conform to the quality and quantity ordered.
5. Any delivery note (carbon copy or original) signed by the Customer and held by the Company shall be conclusive proof that delivery was made to the Customer.
6. The Customer may only return unsatisfactory goods within five days from delivery and such returns will be subject to a 10 percent handling fee, subject to the sole discretion of the Company.
7. All purchase orders, whether oral or in writing, will be binding and subject to these Standard Terms of Agreement.
8. Any cancellation of purchase orders is subject to a mutual agreement and a cancellation fee constituting costs incurred to date of cancellation and/or pro rata invoicing of the project to date.
9. Goods delivered on consignment will only be received back by the Company if they are returned in the same condition as supplied. Soiled or damaged consignment goods will be deemed sold to the Customer.
10. No guarantees are given on any materials or commodities supplied by the Company. Under no circumstances will the Company be liable for damage arising from misuse or abuse of the product.
11. Liability under Clause 7 is restricted to the cost of repair or replacement of defective product(s) or services at the sole discretion of the Company. Under no circumstances will the Company be liable for consequential damages. Rendermatic subscribes to the South African laws governing liability and therefore does not assume any responsibility for regulations beyond these borders.
12. No claim under this contract will arise unless the Customer has given the Company thirty days written notice by prepaid registered post to rectify any defect or breach of contract.
13. All goods supplied by the Company remain the property of the Company until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without the prior written consent of the Company. Where commodities or items supplied by the Company are used by the Customer in manufacturing new products, such products are deemed to be the property of the Company until such commodities or items have been paid for and may be repossessed by the Company.
14. Force Majeure and Limitation: Neither party will have any claim against the other party (“the affected party”) for any delay or failure of the affected party to carry out any of its obligations under this agreement arising from or attributable to acts of God, war, terrorism, government, labour action or unrest, failure of suppliers or contractors or any other cause whatsoever beyond the control of the affected party (“force majeure”).
15. The Customer shall be liable in advance to the Company for all legal expenses of an attorney and counsel incurred by the Company in the event of any default by the Customer or any litigation in regard to the validity and enforceability of this agreement on an attorney-client basis. The Customer will also be liable for any collection or valuation fees incurred.
16. The Customer does not in any way have the right to reproduce or use another person/company to reproduce any product previously supplied by Company.
17. Intellectual Property: All source files remain the sole intellectual property of Rendermatic at all times. Rendermatic remains the owner of all copyright and other intellectual property rights in all utilities, software, solutions, designs, techniques, methods, methodologies, tools, processes, templates, data or other materials provided, created or developed either before or during the rendering of services by Rendermatic.
18. Archiving: Even though it is standard practice by Rendermatic to archive all files, it is not the responsibility nor obligation of Rendermatic to do so, unless otherwise agreed.
19. The Customer agrees to pay the amount on the invoice (a) against delivery; or (b) if the Customer is an Approved Customer within 30 (thirty) days of the date of an invoice issued by the Company or as per the agreed upon terms.
20. All orders pertaining to export into Africa will require the Customer to pay a 50% deposit of invoice before production takes place or work commences.
21. The balance of this invoice will be payable as per payment terms indicated on the invoice.
22. Payment:
a. All prices are quoted in South African Rand (ZAR) and all electronic payments to be made in ZAR
b. Payment terms as per quote
c. PAYPAL payments can be facilitated, which will be converted to a US$ value at the time of invoicing.
d. Rendermatic reserves the right to withhold final high resolution or project files until full and final payment has been received.
e. Delays of 30 days or more with regards to approvals or further progressing of projects, can be subject to part billing of work to date.
f. The client warrants that the person entering into the agreement, signing off on quotations or issuing a purchase order, is authorised to act on behalf of the client, whether disclosed or otherwise.
23. Alterations: No alteration or variation to, or consensual cancellation of this agreement, will be of any force or effect, unless it is recorded in writing and signed by all the parties.
24. Undersigned accepts the Standard Conditions of Agreement incorporated in this agreement. The Customer acknowledges that any amount due for goods or services will be due unconditionally 30 (thirty) days from the date of statement being issued by the Company, or as per the agreed upon terms.