These terms and conditions apply to all BA clients from all regions.
Project Briefs & Orders
- All orders and/or project briefs must be in writing, accompanied by sufficient information, including but not limited to, contact person, valid e-mail address, delivery address and payment method.
- All projects are subject to these Terms and Conditions,
- The Client will also be bound by these Terms and Conditions and the Artwork Approval form’s terms and conditions (if artwork is applicable), when starting any project.
Lead Time
- BA will provide an estimate date upon which the products/service will be delivered once the brief has been confirmed. However, BA will not be liable for late delivery for which ever reason but will endeavour to meet the delivery date.
- All incoming projects will be added to the BA supply system if:
- All artwork or documents have been approved by the Client and BA has confirmed receiving said approval in writing.
- All payments owed to BA reflects in the Hadithi Africa Media Group (PTY) Ltd bank account unless if the project has been commissioned in one of our remote countries (Uganda). terms of payment in our Uganda office will be communicated by our Uganda representative and client service centres.
- if either/both of these conditions have not been met, then the project will not be placed in the BA supply system.
Payment
- All payments made to BA must be made before an order will be placed and all payments are subject to the terms set out within these Terms & Conditions document.
- It is the Client’s responsibility to ensure that the payment reflects in the BA bank account.
- Upon written approval in BA sole discretion, a valid proof of payment may be used to continue the ordering process where payment may be delayed. If BA in its sole discretion concludes that proof of payment is not valid the order will only commence once payment reflects in the BA account.
- The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that BA is aware that payment has been made.
- Proof of payment (with proper bank heading) may be used to show that payment has been made to BA.
- If proof of payment has been altered, forged or in any way tampered with, BA will be allowed to take legal action.
- Payment options include the following
- PayPal
- EFT (Direct Transfer)
- Mobile Money (Airtel) – Uganda
Artwork approval form and delivery notes
- Artwork approval forms and delivery notes form part of these Terms and Conditions and is in no way severable from the remainder of the clauses of these Terms and Conditions.
- An artwork approval form will be sent to client before any printing is done
- In case deliverables are non physical documents and graphics, these will be shared via the BA google docs accounts of which client will be given access to once the final payment has been made.
Corporate Gifts Terms and Conditions
Economy Service
- The economy service orders will be delivered within five (5) to seven (7) business days, subject to the following conditions.
- The five (5) to seven (7) business days’ time period for delivery of products starts once BA has confirmed that payment has been made and the Client has approved of the artwork.
- The five (5) to seven (7) business days’ time period refers to business days. Business days includes Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
South African Manufactured Items
- All products manufactured by South African manufacturers are subject to 10 (ten) to 15 (fifteen) business days lead time for delivery, subject to the following conditions:
- The 10 (ten) to 15 (fifteen)business days’ time period for delivery of products starts once Giftwrap has confirmed that payment has been made and the Client has approved of the artwork.
- The 10 (ten) to 15 (fifteen) business days’ time period refers to business days. Business days includes Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
- The lead time on unbranded stock for South African products is between 48 to 72 hours.
- The lead time for imported products with air freight is 30 to 45 working days and sea freight 75 to 90 days.
- The lead time for artwork approval will take two (2) to three (3) working days.
- Calculation of the lead times will not commence before cleared payment in the Hadithi bank account has been received and it is subject to the following conditions:
- The word “cleared” refers to visible and available funds in the Giftwrap bank account; should a payment be made by cheque or other unknown payment methods, a 10 (ten) working day delay may be expected. Payments need to be cleared before an order may be executed.
- Should products be branded, BA may require full payment upfront.
- No products will be released without full cleared payment in the BA bank account.
- BA is hereby expressly indemnified from the quality or correctness of the product and the Client undertakes to accept the product as is.
- BA in its sole and absolute discretion reserves the right to accept or reject the cancellation of any order as set out above.
- A non-refundable deposit is to be paid when an order is placed. Should the order, after the placement thereof, be cancelled for whatsoever reason, and BA accepts such a cancellation (in its sole discretion), then BA shall be entitled to retain the non-refundable deposit as constituting a genuine pre-estimate of its damages and it is recorded that the parties acknowledge that said liquidated damages are proportional to the prejudice to be suffered by BA as a result of said cancellation. This paragraph does not prejudice any other right available to BA in terms of these terms and conditions or in terms of law.
Return Policy
Subject to the conditions, BA determines that they will not accept returned products. Any acceptance of returned products is at the sole and absolute discretion of Hadithi, and subject to the following conditions:
- No claims will be recognised and/or accepted if made later than seven (7) days after receipt of the goods in writing by the Client.
- BA will under no circumstances accept branded goods, nor be responsible for the quality and correctness of the artwork.
- Goods will not be deemed refundable if instructions have not been followed.
- No returns will be accepted on imported and custom manufactured items.
- All returns on unbranded stock will be subject to a 30% handling fee.
- All costs resulting from transport of returned goods will be for the account of the Client.
Failure to take possession
Should the Client fail to take possession of the product within 60 (sixty) days after notice has been given in writing by BA that the product is ready for collection, BA will be entitled to sell the product without any further notice to recover damages or expenses incurred and the Client will have no claim against BA in this regard.
Legal
Dispute resolution and jurisdiction
Should any dispute or proceedings arise in connection with any matter related to these Terms and Conditions, the Client and BA consent to the jurisdiction of the Magistrate’s court having jurisdiction, not-withstanding that such disputes or proceed- ings are otherwise beyond its jurisdiction. BA and the Client nevertheless have the right to institute action in any other competent court.
Suretyship
In the event of the Client being a juristic person, the signatory hereby binds himself as surety and co-principle debtor jointly and severally for the full amount due to BA by the Client and agrees that this agreement will apply in the same way to him/her.
Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of laws
Please note that Branding Africa is a subsidiary company of Hadithi Africa Media Group (pty) Ltd, registered in the Republic of South Africa.
Registration documents will be made available at request.