1. INTERPRETATION
In this Agreement:
1.1. Any reference to the singular shall, where the content requires, include the plural and vise versa.
1.2. Any reference to one gender shall, where the context requires, include the other and the neuter gender and vice versa.
1.3. The headings are included for reference purposes only and are not to be used in interpreting this Agreement.
2. DEFINITIONS
In this Agreement, unless the context clearly indicates to the contrary, the following words and expressions shall have the following meanings ascribed to them:
2.1. “Agreement” shall mean terms & conditions of sale and any other documents with may form part of this Agreement;
2.2. “Company; we; us” shall mean Something Africa Taxidermy (Pty) Ltd, registration number 2020/478621/07
2.3. “Customer; you; your” shall mean the person and/or entity requesting the rendering of the Service from the Company, including its directors, employees, agents and sub contractors.
2.4. “Finished Goods” shall mean the goods after the Company has rendered the taxidermy Services.
2.5. “Goods” shall mean the goods received from the Customer (e.g. trophies) and which the Customer requires the Company render the taxidermy Services.
2.6. “Prices” shall mean the Prices for the goods and the services as reflected on an invoice or quotation or such other media as the Company wish.
2.7. “Services” shall mean the services to be provided by the Company under this Agreement as reflected in the Agreement, which includes but are not limited to mounting and tanning orders.
2.8. “parties” shall mean Something Africa Taxidermy (Pty) Ltd and the Customer and “Party” mean either one of the parties, as the context may indicate.
3. INFORMATION ABOUT US / THE COMPANY
3.1. We, the Company, known as Something Africa Taxidermy (Pty) Ltd, registration number 2020/478621/07and with our registered office at 11 Pieter Grobbelaar Str, Light Industrial Area, Mogol Industrial Park, Lephalale, 0557.
Our VAT number is 9470826190.
4. SERVICES
4.1. We are a taxidermy business that markets and renders the following Services: Mounting, Tanning, Dipping & Disinfecting; Manufacturing of curio items made out of trophy parts and wood Some restrictions are placed on the extent to which we accept orders from Customers from specific countries and/or for specific products or Service to be rendered.
5. YOUR STATUS
5.1. By placing an order through with us, you warrant that:
5.1.1. You are legally capable of entering into binding contracts; [and]
5.1.2. You are at least 18 years old.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1. If you contact us and provide us with all relevant information, we shall forward you a quotation in respect of the Services we able to render. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Us to You are for informational purposes only and are subject to change without notice; no quotation shall be binding upon Us unless We have accepted your order as stated below.
6.2. “Deposits” means 50% deposit is payable on all orders or as otherwise agree in writing.
6.3. On acceptance of the quotation and receipt of payment of the required deposit, you need to place an order with us via email, which order needs to be accompanied by a proof of payment of the required deposit.
6.4. After placing an order, you will receive an e-mail from us acknowledging that we have received your order.
6.5. The Order Confirmation entails when all information as requested have been provided by You, payment of the 50% deposit reflects in Our account and you received an e-mail that confirms that the order for the Services has been accepted.
6.6. All details of the Services to be rendered shall be stipulated in the Order Confirmation. The contract between us (Contract) will only be formed when we send you the Order Confirmation.
6.7. The Contract will relate only to those Services we have confirmed in the Order Confirmation. We will not be obliged to supply any other Services, which may have been part of your order until the confirmation of such Services has been confirmed in a separate Order Confirmation.
6.8. Additional service specific notices, terms, and conditions may apply to the provision of Services, all of which are made a part of these terms and conditions by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between these terms and conditions and the Service specific terms and conditions, the latter terms shall control with respect to the Services acquired by you. Our obligations, if any, with respect to its Services are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing otherwise should be construed to alter such terms, conditions, notices, and agreements. We make no warrant or representation whatsoever regarding any other services that you may access through our Service or becoming known to You through Us.
7. OUR STATUS
7.1. Please note that in some cases, we accept orders as agents on behalf of third parties (“Outfitters”). Kindly note that there also exist a legal contract is between you and that third party, and You will also be subject to the terms and conditions of that third party, which they should advise you of directly. You should carefully review their terms and conditions applying to the transaction.
7.2. We may also provide links on our emails to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third parties through those links, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party in order to process the Service and Your request.
8. RELIANCE ON INFORMATION FURNISHED
8.1. You acknowledge that it is required to review all documents and declarations prepared and/or filed and will immediately advise Us of any errors, discrepancies, incorrect statements, or omissions on any declaration filed by You.
8.2. In rendering the Service We rely on the correctness of all documentation, whether in written or electronic format, and all information furnished by You; You shall use reasonable care to insure the correctness of all such information and shall indemnify and hold Us harmless from any and all claims asserted and/or liability or losses suffered by reason of the your failure to disclose information or any incorrect or false statement by yourself upon which We reasonably relied. You agree that You have an affirmative non-delegable duty to disclose any and all information required to import, export or enter the products.
9. PAYMENT
9.1. No goods will be delivered until the Company has received full payment.
9.2. We require a 50% deposit on all orders / quotations before it will be added to the production planning. Payment of the deposit will serve as part of the Order Confirmation and confirmation that Your order has been accepted.
9.3. The 50% balance on the Order Confirmation is payable before any goods will delivered and/or forwarded to Your requested address of delivery.
9.4. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Company’s bank account, the details of which will be provided on request. Kindly note that the banking details of the Company will always be provided on an official bank letter head. Please always confirm banking details if You are doubtful whether it is the correct banking details. – it can be confirmed at: debbie@somethingafricataxidermy.com.
10. PRICING
10.1. The price of any Services will be as per the quotation forwarded to you, except in cases of obvious error.
10.2. If the Prices have been calculated, based upon the design documents (if any) or information in respect of the goods received then any variation or increase in the Price arising from any variation required by the Company and/or the Customer to the design documents shall be for the account of the Customer.
10.3. Prices may change at any time, however changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4. It is possible that, despite our best efforts, some of the Services listed on our quotations may be incorrectly priced.
10.5. We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.6. The Prices are for delivery ex works (solely for the Service) and exclude skinning, storage, packaging, insurance, transportation exportation,, loading, off-loading, position erecting and fitting and any other costs associated therewith which shall (save as may be provided to the contrary in any written quotation issued by the Company) for the account of the Customer.
10.7. These prices include VAT however exclude delivery costs, which will be added to the total amount due as set out in our Order Confirmation.
10.8. The Customer shall not be entitled to withhold payment of any amount whatsoever or to set off any amount owing to the Company against any amount owing or allegedly owing by the Company to the Customer and all payments shall be effected free of any deductions.
10.9. The Prices do not include the cost of storage and, to the extent that it is necessary for the Company to store any of the goods, then the Customer undertakes to pay to the Company such reasonable storage charges as the Company may levy in this regard and as accord with the then current charges of the Company.
10.10. Prices do not include VAT (value added tax) to the extent that it is payable.
10.11. The Company may vary any quoted Price by adding thereto the increased cost to it of any goods which are supplied to the Customer resulting from any adverse fluctuation in the rate of exchange, or increase in surcharge, government duty, or for any change in the scope of supply subsequent to the quotation and prior to full payment of the Price.
11. SPECIFICATIONS
11.1. The Company gives no warranty, implied or express, that the Services will be sufficient or suitable for any particular purpose of the Customer.
11.2. The Company gives no warranty, implied or express, that such goods will be preserved or supplied exactly in accordance with any specification either in the Company’s catalogues and/or exactly in accordance with any illustrations either in the Company’s catalogues and/or in the design documents. Such catalogues and / or design documents are furnished only on the basis that they will not form part of the contract or be relied upon by the Customer for any purpose.
11.3. The Customer acknowledges that all copyright and other proprietary rights in and to any proposal, drawing, illustrations or preserved taxidermy products shall at all times remain the sole and absolute property of the Company until paid in full.
12. AVAILABILITY AND DELIVERY
12.1. Your order will be fulfilled by the delivery date set out in the Order Confirmation.
12.2. if no delivery date is specified, kindly take note that actual processing time is estimated at a period of 12 (twelve) months from the date of Order Confirmation – please note that actual processing time refers to time to render the Service, not inclusive of delivery and/or transportation.
12.3. Availability and delivery depends on your cooperation and assistance. We will not be in breach of these terms and conditions where late delivery is a result of Your or your organisation’s or any third party (not within Our control) actions or omissions.
13. DELIVERY
13.1. Unless otherwise specified, in writing in the Agreement, delivery shall be deemed to have taken place and all risk of profit and loss in the goods shall be deemed to have passed from the Company to the Customer when the goods have been paid in full and are reported ready at the Customer’s disposal.
13.2. Should the Company be under any obligation in terms of any written Agreement between the Company and the Customer to forward the goods to their ultimate destination, then delivery shall be considered to have effected and risk of profit and loss in the goods shall be deemed to have passed to the Customer when the goods have been paid in full and collected by the Customer or when the goods have been taken by the Company to the carrier for transport, it being recorded that the carriers shall act as the agent of the Customer. The cost of carriage and special packaging shall be for the account of the Customer (unless specified to the contrary in any written quotation).
13.3. The delivery times contained in the Agreement are best estimated by the Company and the Company shall not be responsible for late delivery under any circumstances and particularly, but without limitation, in the event of any act of God, strike not in insurrection, lockout, defective material, war vis major, causu fortuitors, pandemics, riot, epidemics, accidents, embargo, legislation, regulation or directive having the force of Law, civil commotion, unrest or disturbance, compliance with any order or authority or without limitation, any other cause beyond its control anywhere in the world or the like.
13.4. The Customer shall not be entitled to cancel this Agreement as a consequence of late delivery, but in the event of an unreasonable period of time having elapsed for delivery (the onus being on the Customer to prove unreasonableness) then the Customer shall be entitled to cancel this Agreement, provided that it has afforded the Company 21 (twenty) working days’ notice to remedy the default.
13.5. In the event of such cancellation, the Customer shall not be entitled to any damages for late delivery whether they be consequential or otherwise.
13.6. The Company shall not be obliged to affect delivery in the event that the Customer is in breach of any of its obligations under this Agreement.
13.7. In the event that the Customer fails to take delivery, the Customer is in breach of its obligations under this Agreement.
13.8. The Company shall be entitled (but not obliged) to store the goods or such part of the goods as in its reasonable discretion deems prudent or necessary or desirable from time to time and to render invoices in respect of such goods (or such part thereof) stored. The provisions of 10.9 shall apply.
13.9. In the event the Customer failed to collect the finished goods within a period of 6 (six) months from the date the Company has notified the Customer that the goods are ready for collection at the contact details provided by the Customer, the Company may auction the goods in order to recover all outstanding moneys, including but not limited to the storage cost.
13.10. The Company shall be entitled to cancel this Agreement in any circumstances where delivery under this Agreement becomes impossible, despite the best endeavours of the Company, for reasons partially or totally beyond the control of the Company.
13.10.1. in the event of the Company electing to store the goods for any reason whatsoever or delivering the
goods for any reason whatsoever at premises other than its own, then the Company will not be responsible for damages of any nature or kind which the goods may incur during the course of such storage or delivery whether arising out of the negligence of the Company and/or its employees and/or agents or otherwise and nor shall the Company be liable for any damages incurred by the Customer or any third person during the course of such storage or delivery whether or not the same arise out of the negligence of the Company or its employees, representatives or agents and the Customer hereby indemnifies and holds the Company harmless in respect of any claim which any such third person may bring . Entirely in the discretion of the Company, it may elect to insure the goods for the duration of such storage or during such delivery and any such insurance shall be of a nature and in such an amount as the Company in its discretion deems appropriate and the cost of such insurance shall be borne and paid by the purchaser.
13.11. Ownership in the goods shall remain vested in the Company until the purchase Price (as increased, if applicable) and any other amount, which may be due and owing by the Customer to the Company under this Agreement, has been paid in full. To the extent that the goods may be housed on premises which are leased by the Customer, the Customer undertakes to advise the landlord of the premises of the fact that the goods are not owned by the Customer (to the extent that until the purchase Price and said other amounts are paid in full).
14. COSTUMER’S RIGHTS
14.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) days beginning on the day you received the Order Confirmation. In this case, you will receive a full refund of the price / moneys paid for the Services to be rendered in accordance with our refunds policy stipulated below.
14.2. To cancel a Contract, you must inform us in writing. You must collect all items forwarded to us in respect of the Services to be rendered immediately at your own cost and risk. If you fail to comply with this obligation, we may have a right of action against you for compensation.
14.3. You will not have any right to cancel a Contract for the supply of any of the Services if your items have been despatched from our premises.
15. REFUND POLICY
15.1. When you cancel the Service:
15.1.1. within the seven-day cooling-off period from date of receipt of Order Confirmation: because you have cancelled the Contract between us within the seven-day cooling-off period (see clause above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given written notice of your cancellation. In this case, we will refund the difference between the quoted price of the Services and all costs or expenses which may include but are not limited to permit costs, transport costs, storage cost etc. that we have already incurred.
15.1.2. after the seven-day cooling-off period: because you have cancelled the Contract between us after the seven-day cooling-off period and most of the administration work has been attended to, we will process the refund due to you as soon as possible. In this case, we will refund the difference between the quoted price of the Services minus 60% of the quoted price of the Service for administration costs minus any other penalties and/or costs which may include but are not limited to permit costs, costs for chemicals in respect of the preservation process, transport costs, storage cost etc.
15.2. We will usually refund any money received from you using the same method originally used by you to pay for the Service.
16. RETURN POLICY
16.1. Finished goods provided by the Company as per the Confirmation Order to the Customer may not be returned for credit.
16.2. If any order is incorrectly supplied by the Company, the Customer must notify the Company about the incorrect order supplied within 5 (five) working days from the date of receipt of the finished goods by the Customer.
16.3. Should the Customer return the goods after 5 (five) days, the Company reserves the right to charge a handling fee for the return of such goods.
16.4. All claims for alleged damaged or defective goods, must be submitted in writing to the Company within 7 (seven) working days from date of receipt of the finished goods. Prior to granting any credit for such goods, the Company will evaluate what the reason for the alleged damage or defective goods are. Any credit granted by the Company, shall be in the sole discretion of the Company.
16.5. If the Company grants authorisation to return goods for credit, the goods will only be accepted in its original packaging.
17. GUARANTEE / LIMITATION OF LIABILITY & WARRANTIES
17.1. Whilst the Company shall make every effort to supply the finished goods free of defects it is an explicit term of this Agreement that any transaction resulting from the acceptance hereof would be concluded on and subject to the express condition that the Company would not be liable for any direct or indirect consequential loss or damage of any nature whatsoever which may be incurred as a result of any defect to the goods of any nature whatsoever and whether or not such defect is as a result of any negligence on the part of any person associated with the Company. The Customer hereby indemnifies and holds the Company harmless against any claims that any third party may bring against it in respect of the same.
17.2. The Company’s liability for losses the Customer may suffer as a result of the Company breaking this agreement is strictly limited to the price of the Services.
17.3. The supply of the Services are rendered without any warranties, save expressly provided in this Agreement or as agreed between the parties and reduced to writing and signed by both parties.
17.4. It is the responsibility of the Customer to ensure that the goods are suitable for its purposes and the Company makes no warranty in this respect.
17.5. By submitting the goods (e.g. trophies) to the Company, the Customer warrants that the animals on his/her order have been legally hunted and that all paper work is in order.
17.6. You agree to indemnify, defend, and hold Us harmless from any claims and/or liability arising from the goods provided by You for the Services, which violates any laws or regulations, and further agrees to indemnify and hold Us harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which We may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against Us, it shall give notice in writing to You by mail at its address on file with Us.
17.7. In any event, the Company’s liability in respect of warranty which it may furnish in writing in respect of any defect in or failure of the finished goods and for any loss, injury or damage attributable thereto, is limited to making good by repair defects.
17.8. At the termination of the said period of 7 (seven) working days from date of receipt of the finished goods, all liability of the Company shall cease to the extent that it has been notified in writing by the Customer of any such claim. Furthermore the Company’s liability hereunder shall cease.
17.8.1. in the event that the Customer does not return the finished goods to the Company forthwith, upon written notification and at its cost to enable the Company to give effect to this warranty.
17.8.2. in the event that the Customer utilises the services of any other person in an attempt to replace or repair such defective goods or any part thereof.
18. BREACH
18.1. In the event of the Customer breaching the provisions of this Agreement, then the Company shall be entitled, after having afforded the Customer 7 (seven) days’ notice in writing within which to remedy such breach and in addition to any other rights of the Company in law:
18.1.1. to cancel this Agreement and to claim such damages as it may have sustained in the circumstances and to retain on account of such damages any monies which may already have been paid by the Customer to the Company under this Agreement, or;
18.1.2. to enforce specific performance of this Agreement with or without a claim for damages, or;
18.1.3. to claim damages without cancelling this Agreement and to retain any monies, which may have been paid by the Customer to the Company under this Agreement on account of such damages or retain any goods.
18.2. In the event of the Company electing to cancel this Agreement, then the Company shall be entitled, but not obliged, to sell the goods or any of the same. Any amount received by the Company in respect of such sale shall be deducted from the claim for damages of the Company against the Customer arising out of the Customer’s breach of this Agreement or any other amount payable by the Customer to the Company under this Agreement.
18.3. This Agreement shall be deemed to be cancelled in the event that the estate of the Customer is provisionally sequestrated, whether voluntarily or compulsorily, or the Customer is provisionally wound-up, or the Customer is placed under judicial management order, or the Customer is placed under judicial management order, or the Customer makes an offer of compromise with its creditors or any portion of its creditors, or the Customer has a judgement taken against it and fails within 30 (thirty) days’ of such judgement coming to its notice to apply for the rescission of such judgement and to proceed to the final end of such application, or to appeal against such judgement and to proceed to the final end of such appeal, or in the event of the final judgement existing against the Customer and remaining unsatisfied for 14 (fourteen) days’ after it is given.
18.4. The Company shall under no circumstances be liable for any special or consequential damages sustained by the Customer from whatsoever cause arising.
18.5. Notwithstanding any other provision of this Agreement, the Company shall be entitled in the event of the Customer electing to cancel this Agreement (for any reason other than consequent upon a breach hereof by the Company) to claim an amount equivalent to 10% (ten per centum) of the Prices by way of a cancellation fee, this being a genuine pre-estimate of the liquidated damages which will be suffered by the Company in such event.
19. NON-CESSION
19.1. The Customer shall not be entitled to cede and/or delegate its rights and or obligations under this Agreement to any person.
20. LAW AND JURISDICTION
20.1. Contracts for the rendering if the Services through will be governed by South African law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
21. VARIATION OF TERMS AND CONDITIONS
21.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2. You will be subject to the policies and terms and conditions in force at the time that you request the Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation.
22. WAIVER
22.1. If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreement or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
23. INDULGENCES
23.1. No indulgence, extension of time, relaxation, latitude or concession, which either party may grant or allow to the other, shall constitute a waiver of such parties rights and such party shall not be prejudiced in exercising such rights or stopped from exercising such rights by reason thereof.
24. SEVERABILITY
24.1. To the extent that any provision of this Agreement is illegal, invalid or unenforceable for any reason whatsoever, then such provision shall be severed from the remainder of this Agreement and such remainder of this Agreement shall be given effect to, notwithstanding such severance.
25. NOTICES
25.1. All notices given by you to us must be given to Something Africa Taxidermy (Pty) Ltd, registration number 2020/478621/07 at our registered office at 11 Pieter Grobbelaar Str, Light Industrial Area, Mogol Industrial Park, Lephalale, 0557 – EMAIL: debbie@somethingafricataxidermy.com
25.2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately 24 hours after an e-mail is sent. In proving the service of any notice, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
26. PRIVACY POLICY
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27. FORMALITIES
The signatory to this Agreement on behalf of the Customer warrants and undertakes to the Company;
27.1. The signatory hereof and the Customer hereby undertake and warrant that they shall advise the Company, in writing, within 5 (five) days of a relevant agreement being entered into, of any changes in the shareholding, members’ interest, proprietorship, partnership, change of ownership of or in the Customer and that they shall be liable to the Company for any damages or losses suffered by it as a result of a failure to do so.
27.2. In the event of the Customer being a juristic person (corporate or non-incorporate) the signatory to this Agreement, who signs for and on behalf of the Customer, warrants that the Customer is duly incorporated and that its full and correct name, registration number and other details appear in all the relevant places in these documents, as well as that he has the authority to bind such entity and that the information contained in these documents is accurate, true and correct. The signatory shall be liable to the Company for all losses and damages suffered by it arising from breach of the aforesaid warranty.
27.3. that the Customer is correctly described in this Agreement in every respect.
27.4. that in the event of any breach of the warranties contemplated in this Agreement the Company shall be entitled to enforce this Agreement as against such signatory in his personal capacity, or to cancel this Agreement and to claim such damages as it may have sustained in the circumstance from the signatory in his personal capacity.