1. The Agreement. The Agreement between Supplier and Buyer with respect to the sale of Product shall consist only of these terms or any terms mutually agreed to in writing hereafter by Supplier and Buyer. The Agreement shall be for the benefit of Supplier and Buyer and not for the benefit of any other person.
2. Placing of orders: Please make your order in writing and Fax to 033 345 6471 or Fax to Email: 0866 1279 36 or email: firstname.lastname@example.org. Supplier is not obligated to makes changes to products to suit buyers’ specification in the order document, this can however be discussed and if agreed on, buyer should then order a minimum of 5 units of the product. The customer shall remain liable for the full purchase price in the event of cancellation of pre-ordered goods where such goods are deemed to be special order goods. Please note that all prices stated on the website, pricelist and catalogue are VAT exclusive and EX WORKS.
3. Terms of Payment: Usisi Designs is small business and depends on the following terms being adhered to when making payments.
To begin your order a down payment of 50% of the amount that appears on your Proforma Invoice is needed as the deposit. Please note: that the amounts reflected on the proforma invoice for postage/ courier costs are estimates only and may fluctuate due to circumstances beyond our control. A final invoice will be sent upon completion of order reflecting the actual courier/ postage costs and the outstanding balance of the invoice. We are unable to send the goods until the Final Invoice is paid in full.
4. Manufacture. Usisi Designs is proud of its innovative and unique products as each item is made by hand. There might be slight differences in colour, design and tension. As each product is handmade, please expect orders to take (4 to 6 weeks) to make, if your order is urgent or you have a deadline – please tell us and we will be happy to try accommodate your needs.
5. Delivery. Supplier shall endeavour to meet estimated delivery dates; however where delivery is delayed due to circumstances beyond the supplier’s control, the supplier will communicate such delays to the purchaser and endeavour to rectify as soon as possible. The supplier shall not accept liability for any damages resultant from the aforementioned delays. Delivery is estimated upon receipt by supplier of all information to be furnished by the buyer and the supplier will not be liable for any delays experienced due to failure or delay in receipt of information from the purchaser. In the absence of receipt of confirmation of delivery, delivery will be deemed effective within 7days of date upon which delivery was received by the purchaser. Supplier reserves the right to withhold delivery of goods until such time as the final invoice has been paid in full.
Supplier shall not accept liability for any claims for error in quantity, weight or number where such claims are not submitted in writing within 7 days after purchaser’s receipt of products.
6. Return policy. Returns or refunds will only be accepted for goods that are not the item ordered or the wrong colour or size. Faulty goods that are reported within the three day period can be returned, fixed and sent back to the customer. Shop damaged goods can be sent back to supplier and fixed at a fee charged to the customer. Please, use only the Postnet address: USisi Designs Postnet Suite 156 Private bag X9005, Pietermaritzburg, 3200
7. Risk of Loss. If supplier arranges transport or delivery of the goods to the consumer, risk in the goods will remain with the supplier until the goods are received by the purchaser. If the purchaser arranges their own courier, then the courier is deemed an authorized agent of the purchaser and risk passes onto courier upon collection of goods.
8. Limited Warranty. The Supplier warrants from the date of delivery or the appropriate period if contrary to applicable law, that all Products:
a) conforms to Supplier's specifications for that Product that are in effect on the date of shipment or conforms with the description contained in an expressly accepted Buyer’s PO, the quality and agreed to specifications stated or incorporated as a schedule, by reference or otherwise,
b) is merchantable and free of defect,
If Buyer believes any Product is non-conforming or was shipped to Buyer in error, then Buyer shall give Supplier prompt written notice of the alleged defect or error
Supplier's sole obligation under the foregoing warranties will be limited to either, at Supplier's option, replacing non-conforming Product or refunding the purchase price for such Product paid by Buyer. And at Supplier's election either shall return the Product to Supplier (at Supplier's expense), make the Product available for inspection by Supplier or its agents at Buyer's place of business or destroy the Product (before or after the date of any inspection). Buyer's exclusive remedy for breach of any of such warranties will be enforcement of such obligation of Supplier. In no event shall Supplier's liability for non-conforming Product exceed the price of the Product. Supplier shall not be responsible for any defect in Product that is created after the Product is shipped from Supplier, including Product subjected to misuse, neglect, accident or improper handling or storage or which has been altered or misbranded by anyone other than Supplier or its authorized representative or modifications to or adaptations of the Product made by Buyer or others.Supplier shall not be liable on any claim for non-conforming Product which is not made within thirty (30) days after such Product has been received by Buyer.
9. Insurance. Where the customer arranges and pays for their own transporter, the transporter shall be deemed to be authorised agent of the customer and delivery of the goods shall be deemed affective once goods are collected by the transporter. Risk in the goods shall pass from the supplier once goods have been collected by the transporter.
It shall be the obligation of the customer to obtain insurance for their goods in transit or to ensure that their elected transporter has the necessary insurance in place, the supplier shall not be held liable for any loss, theft or damage to goods whilst in transit.
12. Force Majure. Supplier’s failure to deliver Product by reason of any of the following and such event shall not constitute an event of default or breach of any Terms: strikes, picket lines, boycott efforts, fires, floods, freeze, accidents, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including without limitation to any agency or department of the Republic of South Africa or any other country), acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labour, or other causes which are reasonably beyond the control of the supplier. Supplier shall promptly notify the Buyer of any such delay and its cause.
13. Confidentiality. Any specifications, samples, designs, formulations, trade secrets, patents, financial data, or other information that Buyer or Seller (the “Disclosing Party”) identifies as or otherwise deems confidential (the “Confidential Information”) and discloses to the other Party (“Receiving Party”) in connection with this Agreement or any PO shall remain the exclusive property of the Disclosing Party and shall, along with any information derived from the same, be kept confidential by the Receiving Party and its employees and agents and shall not, without the Disclosing Party’s prior written consent, be disclosed to any third party or used except for purposes of the PO. The Receiving Party agrees not to chemically analyse or reverse engineer any sample or to assist and/or allow any third party to do so without the express written consent of the Disclosing Party.
14. Governing Law. Any dispute, claim or controversy arising out of, or between the Parties during the execution of or interpretation of this Agreement shall be resolved by arbitration in accordance with the South African Law Procedures in effect at the time of arbitration.
15. Shop proximity. The supplier is not responsible for finding out the exact location of our customers in proximity to each other. Because retailers are always moving or opening up branches in the different areas in South Africa, the supplier does not have a hold on customers’ location choices and cannot therefore guarantee that customers will be the sole providers of uSisi products in the area. The supplier tries to be sensitive where new customers are concerned and would not intentionally give shops in the same area the same product.
16. Website. The website contains material which is owned by or licensed to the Supplier. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence. You may not create a link to this website from another website or document without Suppliers prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.