Arnold & Wessels Printing Terms and Conditions
- Quotation Validity: Quotations are valid for the period as stated on the official quotation except where raw material prices increase within the validity period, and subject to availability of stock.
- Account Clients: No job will be put into production without an official purchase order and a signed off proof. Arnold & Wessels will not be held responsible for any errors and/or omissions after proof was signed off. Alterations to artwork completed according to initial specifications will be considered author’s alterations and charged for.
- Payment Terms
- Account Clients: Payment is due within 30 days from the date of invoice (nett). Late payments will incur interest at the prevailing prime lending rate as set by [insert relevant bank or jurisdiction’s standard rate, e.g., South African Reserve Bank] plus 2% per annum, calculated daily and compounded monthly.
- Cash Clients: Full payment required at time of order on all amounts up to R10000.00. A 75% deposit is required on amounts above R10000.00 with full payment at collection. No goods will be released if any balance is outstanding.
- After accepting a quotation and then subsequently cancelling said order, an administrative cancellation fee of R120.00+VAT will be levied.
- Any monies paid into the Arnold & Wessels account accidentally and is required to be refunded will be subject to a handling charge equal to actual cost incurred to affect the refund. This charge will include bank costs and administrative fees with a minimum fee of R150.00 applicable
- Customer Approval and Responsibility
Arnold & Wessels’ liability is limited to the written instructions, designs, or proofs approved by the customer. The customer is responsible for identifying and correcting any errors in designs, proofs, or specifications before approval. Arnold & Wessels is not liable for errors not identified by the customer at the approval stage.
Note: Simplified for clarity, maintaining original intent. - Rush Orders
Rush orders, defined as jobs requiring expedited delivery within [specify timeframe, e.g., 48 hours], will incur a 20% surcharge unless otherwise agreed in writing. Arnold & Wessels does not guarantee delivery times for rush orders unless confirmed in writing.
Note: Clarified definition of rush orders and added flexibility for written agreements. - Delivery Dates
Delivery dates are estimates unless explicitly agreed in writing by Arnold & Wessels. Delays due to unforeseen circumstances, including supply chain disruptions or force majeure, will not result in liability.
Note: Updated to include force majeure and modern supply chain considerations. - Returns and Handling Fees
Goods accepted for return, subject to Arnold & Wessels’ discretion, will incur a handling fee of [specify percentage, e.g., 15%] of the invoice value, provided the goods are undamaged and in their original condition. Returns must be requested in writing within 7 days of receipt.
Note: Added specificity to return conditions and fee structure. - Industry Standards
These terms are supplemented by the standard terms and conditions of the printing industry, available upon request. In case of conflict, these terms prevail.
Note: Retained but clarified precedence for transparency. - Overruns and Underruns
Orders may result in overruns or underruns of up to 10% of the ordered quantity, which the customer agrees to accept. Refusal of overruns or underruns will incur a 5% surcharge on the invoice value.
Note: Clarified acceptable overrun/underrun percentage, aligning with industry norms. - Proofs
Proofs will only be provided if explicitly requested in the purchase order. If no proof is requested, the customer assumes full responsibility for any errors per clause 2.
Note: Simplified for clarity, no significant changes. - Origination and Setting Costs
Cost for origination, design, or setting are for labor only. All materials, including digital files, remain the property of Arnold & Wessels unless otherwise agreed in writing.
Note: Updated to include digital files, reflecting modern printing practices. - Copyright & Ownership
Unless otherwise agreed in writing, Arnold & Wessels retains copyright and intellectual property rights for all designs and printed works created by Arnold & Wessels. The customer is granted a non-exclusive license to use the work for its intended purpose upon full payment.
Note: Updated to clarify licensing and align with modern intellectual property standards. - Third-Party Copyright
Arnold & Wessels is not responsible for verifying the customer’s rights to use any designs, logos, or materials provided by the customer. The customer warrants that it has the necessary rights to use such materials and indemnifies Arnold & Wessels against any claims, damages, or costs arising from copyright or intellectual property infringement.
Note: Combined clauses 12 and 13 for clarity and updated to cover broader intellectual property issues. - Retention of Title
All goods remain the property of Arnold & Wessels until paid for in full. The customer grants Arnold & Wessels the right to reclaim unpaid goods at the customer’s expense.
Note: Simplified and retained core intent. - Storage of Goods
Goods stored by Arnold & Wessels, whether paid, unpaid, or invoiced, are held at the customer’s sole risk. Arnold & Wessels is not liable for loss, damage, or deterioration of stored goods.
Note: Retained with minor clarification for legal precision. - Claims and Liability
Claims for defective goods or non-conformance must be submitted in writing to Arnold & Wessels within 7 days of receipt. The customer is responsible for inspecting goods upon delivery and notifying Arnold & Wessels of any issues. Arnold & Wessels is not liable for: - Claims against carriers for loss, damage, or delayed delivery. The customer must pursue such claims directly with the carrier within the carrier’s prescribed timeframes.
- Consequential losses, including loss of profit, arising from defective goods or delays.
Note: Streamlined for clarity and aligned with modern legal standards for liability limitation. - Electronic Communication
Documents, payments, or communications sent electronically (e.g., email, EFT) are deemed received only upon actual receipt by Arnold & Wessels. The customer bears the risk of non-delivery for electronic submissions.
Note: Updated clause 17 to reflect electronic communication, replacing outdated postal reference. - Indemnity for Employees
The customer waives any claims against Arnold & Wessels’ employees, agents, or representatives for liabilities arising from services provided under these terms.
Note: Simplified for clarity, retained core intent. - Termination and Repossession
Arnold & Wessels may terminate this agreement, repossess goods, or demand immediate payment of all outstanding amounts (even if not yet due) if:
a) The customer fails to pay any amount due on time;
b) The customer breaches any obligation under these terms;
c) The customer is sequestrated, liquidated, or placed under business rescue;
d) The customer commits an act of insolvency, compromises with creditors, or fails to satisfy a judgment within 7 days;
e) The customer transfers goods to a third party for resale without Arnold & Wessels’ written consent;
f) The customer undergoes a change in ownership or disposes of significant assets outside ordinary business.
Termination does not prejudice Arnold & Wessels’ accrued rights or claims for damages.
Note: Updated terminology (e.g., “business rescue” for South African context) and streamlined for clarity. - Jurisdiction
Arnold & Wessels may institute legal proceedings in any Magistrate’s Court with jurisdiction over the customer, even if the claim exceeds the court’s monetary limit, at Arnold & Wessels’ discretion.
Note: Retained with minor clarification for enforceability. - Collection Costs
If Arnold & Wessels engages a debt collector or initiates legal action to recover overdue amounts or goods, the customer is liable for all collection costs, legal fees, and commissions on a debt collector-client basis.
Note: Clarified cost recovery scope. - Domicilium Citandi et Executandi
The parties choose the following addresses for all notices and legal processes: - Arnold & Wessels: C/O Ian & Scott Street, Klerksdorp, or [insert email for electronic notices].
- Customer: The registered address provided in the credit application form or purchase order.
Notices must be in writing and are deemed received when delivered by hand, 5 days after posting, or upon confirmation of email receipt.
Note: Updated to include electronic notices and specify delivery timelines. - Data Protection
Arnold & Wessels will process customer personal information in accordance with applicable data protection laws (e.g., POPIA in South Africa). The customer consents to such processing for the purposes of fulfilling orders, billing, and communication.
Note: Added to address modern data protection requirements. - Force Majeure
Arnold & Wessels is not liable for delays or failures to perform due to events beyond its reasonable control, including but not limited to natural disasters, strikes, or government restrictions.
Note: Added to cover unforeseen disruptions, standard in modern contracts. - Entire Agreement
These terms constitute the entire agreement between Arnold & Wessels and the customer, superseding all prior agreements or understandings. Any amendments must be in writing and signed by both parties.
Note: Added to ensure legal clarity and prevent disputes over informal agreements. - Severability
If any clause is found to be invalid or unenforceable, the remaining clauses remain in full force and effect.
Note: Added to protect the agreement’s enforceability.
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