1. Payment
1.1 THE APPLICANT agrees that any amount reflected in a Tax Invoice shall be due and payable unconditionally free of exchange and without deductions of any nature. Any credit facilities granted to THE APPLICANT by Millionaire Printers is entirely at the discretion of Millionaire Printers. Proof of payment made by Credit Card or EFT must be emailed to Millionaire Printers before commencement of order.
1.2 THE APPLICANT agrees to accept the receipt of electronic format statements, tax invoices, shipment documents (proof of delivery), credit and debit notes from Millionaire Printers, which will be transmitted via email, and the following conditions thereto as required by South African Revenue Services and in terms of the provisions of the Value-Added Tax Act for the issuing of tax invoices, credit and debit notes:
1.2.1 Electronic documents (tax invoices, credit and debit notes) will be transmitted and issued to THE APPLICANT in 128bit encrypted PDF file format.
1.2.2 Both THE APPLICANT and Millionaire Printers shall retain the electronic documents in its original encrypted format for a period of five years from the date of the delivery to which it relates.
1.2.3 The transmitted electronic document will constitute the original statement, tax invoice, credit or debit note. No other tax invoice, credit or debit note will be issued in respect of any specific delivery, unless as a copy of the original document.
2. Change of address
THE APPLICANT undertakes to notify Millionaire Printers, in writing, within 7 (seven) days of any change of address.
3. Change of ownership
THE APPLICANT undertakes to notify Millionaire Printers, in writing, within 20 (twenty) days of any change in Ownership of THE APPLICANT’S business, or should THE APPLICANT be a company, of its share transactions whereby the majority shareholding is affected. THE APPLICANT acknowledges that immediately upon any change of Ownership in THE APPLICANT, any outstanding amount whether due or not, shall be deemed to be forthwith payable by THE APPLICANT to Millionaire Printers.
4. Domicilium
THE APPLICANT and the signatory hereto chooses Domicilium Citandi et Executandi (in other words, the address at which the Applicant and the signatory will accept all notices, legal documents and the like, whether or not the Applicant and/or the signatory is still at the address chosen) for all purposes arising out of this application at the physical address stipulated in Section A, clause 3.2 of this application.
5. Consent to sharing information and retention periods
5.1 For the purposes of making credit risk management decisions and preventing fraud, THE APPLICANT hereby warrants that Millionaire Printers has consent to:-
5.1.1 Carry out a credit enquiry on THE APPLICANT and the Directors/Members/Partners/Trustees/Principals of THE APPLICANT from time to time with one or more credit bureaus, credit information agents, credit insurance companies or other creditors (trade references) of THE APPLICANT’S in terms of this agreement.
5.1.2 Millionaire Printers may transmit details to credit bureaus, credit information agents, credit insurance companies or other creditors of THE APPLICANT’S of how THE APPLICANT has performed in meeting his/her/its obligations in terms of this agreement.
5.1.3 If THE APPLICANT fails to meet his/her/its commitments to Millionaire Printers, Millionaire Printers may record THE APPLICANT 'S non-performance with credit bureaus, credit information agents, credit insurance companies or other creditors of THE APPLICANT.
5.2 Such information shall be retained for periods as stipulated in any applicable law, but no longer than the duration of the validity of this agreement.
6. Pricing increments
Prices quoted by Millionaire Printers are determined from time to time and are subject to increases, at the discretion of Millionaire Printers. Millionaire Printers shall be entitled to increase the cost of goods delivered or services rendered to THE APPLICANT with prior written notice.
7. Valid orders
In the event of any order being given to Millionaire printers on an order form reflecting THE APPLICANT’S name as the entity from which the order emanates, such order shall be deemed to have emanated from THE APPLICANT, notwithstanding the fact that such order may have been given or signed by a person not authorised by THE APPLICANT, and such order will be deemed to constitute valid delivery. It is further the sole responsibility of THE APPLICANT to determine that goods ordered are suitable for the purposes of the intended use.
8. Delivery
8.1 THE APPLICANT agrees that the signature of any agent, contractor, sub-contractor or employee of THE APPLICANT on Millionaire Printer’s official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute valid delivery of the goods purchased.
8.2 Any delivery date stated on any order confirmation is approximate only. Millionaire Printers shall not be bound by that date but will make all reasonable efforts to deliver by that date.
8.3 Whilst Millionaire Printers will endeavour to ensure that goods are delivered, with the Courier Guy timeously, it shall not be responsible for any delays in the delivery of such goods, and THE APPLICANT shall not be entitled to refuse acceptance of such late deliveries.
8.4 The risk in and to the goods shall pass from Millionaire Printers to THE APPLICANT at the time of delivery notwithstanding that ownership will not pass to THE APPLICANT until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of Millionaire Printers or the Courier Guy’s Waybill, if the goods are couriered or transported by Millionaire Printers. The Courier Guy shall act as the agent of THE APPLICANT.
9. Repairs
9.1 Should a product supplied to THE APPLICANT by Millionaire Printers be faulty, THE APPLICANT shall contact Millionaire Printers within fourteen (14) days from the goods becoming defective and arrange for the goods to be returned to Millionaire Printers for investigation or repair.
9.2 Liability under clause 9.1 is restricted to the cost of repair or replacement of faulty goods or granting of a credit to the value of such goods. Any goods returned must be accompanied by the original tax invoice as issued by Millionaire Printers.
9.3 Should Millionaire Printers find no fault with the returned goods, they will be returned to THE APPLICANT, and a 10% handling fee will be charged.
9.4 Where goods are returned for repair and damage has been found, through no fault of Millionaire Printers, then the APPLICANT shall be required to accept any cost to repair such goods.
10. Copyright
THE APPLICANT acknowledges Millionaire Printer’s intellectual property rights in the goods and shall not infringe such intellectual property rights.
11. Payment to Millionaire Printers
Millionaire Printer’s does not appoint The Courier Guy as its agent for payments. All payments shall be made to Millionaire Printers by E.F.T or Credit Card. In the event of any payments being mislaid or transferred to the incorrect banking account THE APPLICANT shall still be liable to Millionaire Printers for payment. Should Millionaire Printers at any time advise THE APPLICANT of any change to Millionaire Printers banking account details THE APPLICANT shall confirm such change with a Manager of Millionaire Printers before effecting any further payments, provided however that nothing contained herein shall be interpreted as obliging Millionaire Printers to afford THE APPLICANT any such indulgence to effect payment after due date.
12. Reservation of ownership
Until such time as THE APPLICANT has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested in Millionaire Printers. Millionaire Printers shall, in its sole discretion, without notice to THE APPLICANT, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue.
13. Responsibility for losses, damages or delays
13.1 Millionaire Printers will not be in any way responsible for losses; consequential losses; damages or delays sustained by THE APPLICANT, irrespective of whether this is caused by or arising from any error; discrepancy; defect on specifications; measurements or other instructions; natural disasters, unavoidable accidents of any kind, acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, insurrection, war, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of Millionaire Printers.
13.2 Millionaire Printers provides no guarantees (whether express or implied) as to the suitability of any goods for any purpose for which they are required.
14. Defaulting in payment
In the event of THE APPLICANT defaulting in making payment of any amount that has become due and owing, then the full balance outstanding (whether due or not) will immediately become due and payable without notice to THE APPLICANT.
15. Interest on overdue accounts
Millionaire Printers shall be entitled to charge THE APPLICANT interest at the rate of 2% (two percent) per month from the moment any debt becomes overdue, provided however that nothing contained herein shall be interpreted as Millionaire Printers affording THE APPLICANT any indulgence to make payment after due date.
16. Proof of Claims
A certificate signed by a manager or any director of Millionaire Printers - whose position and signature shall not be necessary to prove - reflecting the amount owing by THE APPLICANT to Millionaire Printer’s, in respect of any credit facilities granted to THE APPLICANT relating to THE APPLICANT’S dealings with Millionaire Printers, and of the fact that such amount is due, owing and unpaid shall be considered as adequate proof – on its mere production – of the outstanding amount for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with THE APPLICANT to prove that such amount is not owing and/or due and unpaid.
17. Consent to jurisdiction
Notwithstanding the amount which may at any time be owing by THE APPLICANT to Millionaire Printers, the parties do hereby consent, in terms of Section 45 of the Magistrates Court Act (No 32 of 1944 as amended), to the Jurisdiction of the Magistrate’s Court for the determination of any action or proceeding which may be brought by Millionaire Printers against THE APPLICANT arising out of any transaction between the parties, it being recorded that Millionaire Printers shall be entitled, but not obliged, to bring any action or proceeding in the said court.
18. Recovery of legal /collection costs
Should Millionaire Printers instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against THE APPLICANT in the implementation or protection of Millionaire Printer’s rights, Millionaire Printers shall be entitled to the recovery of all legal or collection costs arising there from, on the scale as between attorney, agent or collection agency and own client.
19. Non-waiver of rights
Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of Millionaire Printers shall not in any way operate as or be deemed to be a waiver by Millionaire Printers of any rights under this terms and conditions, or be construed as a novation thereof.
20. Severability of clauses
Each clause of these conditions of sale is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect.