Terms & Conditions

Project Acceptance

At the time of proposal, Nuthouse Marketing will provide the customer with a written estimate or quotation.

Once an estimate or quotation is submitted to a client and the client request in writing that the project should be executed, it is seen as acceptance of our terms and conditions and the estimate.

All estimates / quotations that exceeds the amount of R10,000.00 excl VAT, require a copy of the estimate / quotation to be signed and dated by the customer to indicate acceptance and should be returned to Nuthouse Marketing via scanned PDF or fax. Alternatively, the client may also send an official order. No work on a project will commence until either document has been received by Nuthouse Marketing.

Design Fees

Fees for design services to be provided by Nuthouse Marketing will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due for all projects exceeding the amount of R10,000.00 excl VAT. Work on the project will not commence until Nuthouse Marketing has received this amount, unless agreed otherwise in writing. For projects not exceeding an amount of R10,000.00 excl VAT, no deposit is required unless indicated otherwise.

Charges for Other Services

Charges for any additional services over and above the estimated project / design, will become fully payable at the time of project acceptance.

Payment

The client will be requested to provide artwork sign-off followed by an invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Payment in full is required prior to artwork being sent to print. Final payment is due upon artwork sign-off prior to print / supply of final artwork.

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount. Payments may be made via EFT or cash.

Publication and/or release of work done by Nuthouse Marketing on behalf of the client, may not take place before funds have cleared, unless otherwise agreed in writing.

Default

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice. Nuthouse Marketing shall be entitled to remove the material (created by Nuthouse Marketing on behalf of the customer), from any and all computer systems and websites, until the account has been settled in full. This includes any and all unpaid fees due for services including (but not limited to) hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Nuthouse Marketing reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Nuthouse Marketing for inclusion in the customer’s marketing material or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Nuthouse Marketing on behalf of the customer, will remain the property of Nuthouse Marketing and/or its suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.

The customer may request in writing from Nuthouse Marketing, the necessary permission to use materials (for which Nuthouse Marketing holds the copyright) in forms other than for which it was originally supplied, and Nuthouse Marketing may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Nuthouse Marketing reserves the right to charge fees for additional usage.

By supplying images, text, or any other data to Nuthouse Marketing, the customer grants Nuthouse Marketing permission to use this material freely in the pursuit of the design and to utilise the designs in Nuthouse Marketing’s portfolio and website unless agreed otherwise.

Should Nuthouse Marketing or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Nuthouse Marketing to remove and/or replace the file.

The customer agrees to fully indemnify and hold Nuthouse Marketing free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Nuthouse Marketing holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Nuthouse Marketing, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Nuthouse Marketing and any of its relevant sub-contractors.

All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Nuthouse Marketing will not be held responsible for any and all damages resulting from such claims. Nuthouse Marketing is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Nuthouse Marketing responsible for any such loss or damage. Any claim against Nuthouse Marketing shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Nuthouse Marketing’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Nuthouse Marketing in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Nuthouse Marketing via CD-ROM or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Nuthouse Marketing will not be held responsible for any image quality which the client later deems to be unacceptable. Nuthouse Marketing cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by Nuthouse Marketing of a design project’s duration is to be considered by the customer to be an estimation. Nuthouse Marketing cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Nuthouse Marketing.

Design Project Completion

Nuthouse Marketing considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, website uploading, publishing etc. constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, Nuthouse Marketing will provide the customer with the opportunity to review the resulting work. Nuthouse Marketing will make one set of minor changes at no extra cost within 10 working days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Nuthouse Marketing by e-mail or fax.

Nuthouse Marketing will consider that the client has accepted the original draft if no notification of changes is received in writing from the customer within 10 working days of the start of the review period.

Design Credits

The customer agrees to allow Nuthouse Marketing to place a small credit on printed material, exhibition displays, advertisements and/or a link to Nuthouse Marketing’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Nuthouse Marketing to place all designs on Nuthouse Marketing’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

Nuthouse Marketing will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards / authorities.

The customer is obliged to allow Nuthouse Marketing to remove any contravening data / images that might have been included in all good faith if it is found out later that such data / images contravene these Terms and Conditions. The customer agrees that Nuthouse Marketing may remove such contravention without hindrance or penalty, and that Nuthouse Marketing will not be held responsible in any way for such data / images being included initially.

Cancellation

Cancellation of orders may be made initially by telephone contact, however, following this, Nuthouse Marketing will need formal notification in writing via email or fax. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid upon receipt of the invoice unless otherwise agreed to in writing. Please note: any cancellation which is not formally confirmed in writing and received by Nuthouse Marketing within 14 days of such instruction being issued, will result in the full quoted cost being invoiced.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Nuthouse Marketing reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Nuthouse Marketing and validated by an email stating such and/ or the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Nuthouse Marketing.

• Hosting will be invoiced monthly in advance and should be paid within 3 working days from date of invoice
• A yearly domain renewal fee will be invoiced annually and should be paid within 3 working days from date of invoice
• Notice for transfer of domain to a different host can be given / will be accepted one calendar month prior to the annual domain renewal date
• A domain will only be released (for transfer to a different host) if the relevant account is settled in full
• Domain cancellations can only be done on yearly renewal date
• Domains will only be released once the account has been fully settled
• All material created by Nuthouse Marketing remains the property of Nuthouse Marketing until paid for in full

Branding Checklist

• Unless the checklist is filled out completely and accurately we will not begin the branding process.
• Every job, repeat or not, requires a checklist to be completed.
• Artwork
• Size
• Positioning
• Colour

Acceptable file formats

• Vector artwork is preferred (.CDR / .EPS / .AI / .PDF / .FH)
• PC format artwork only
• If artwork is received in the correct format we will do our utmost to generate layouts within 24 hours.
• If artwork is not received in the correct format layouts may take up to 72 hours to redraw.

Tips to help you prepare your artwork

• All fonts must be converted to curves to avoid font substitutions.
• Include font and size if typesetting is requested.
• Artwork for multi-colour imprints should be sent as a colour separated file (exception: digital printing)
• Unacceptable formats: Word files, .gif, .jpeg (under 600dpi), Power Point.
• Please forward electronic artwork directly to your account consultant at Nuthouse. Upon written approval of layouts please confirm with your account consultant that they have received your signoff.
• Nuthouse cannot take responsibility for non-delivery of orders if layout approval is not received.

Artwork Fees

• Artwork received in the correct format will not be charged for.
• Artwork not received in correct format will attract a minimum design and redrawing fee of R550 excl VAT – more detailed artwork will be attract a higher fee.
• This fee will accommodate further changes to the layouts, thereafter, any additional changes will be charged for at R350.00 per change.
• Branding cancelled after layouts have been generated will be charged for at R500.00 excl VAT/Per layout.
• Digitization fee of R450 excl VAT per logo will be applicable on embroided goods.

General

Whilst every effort has been made to ensure that there are no damages or shortages on print orders, any shortages / damages or misprints which are reported within the prescribed time frame and account for less than 1% of the quantity branded, will not be re-branded but rather credited. There may be a quantity varience of 10% over or under the required quantity ordered on all manufactured products.

Lanyards / Tags: Please note that on completion of your order, we will most likely have extras and it is our standard term and condition of sale that any extras not exceeding 10% of your order will be charged for at a discounted rate.

1. We will not be held responsible for any spelling or artwork errors once approved by you.
2. Amendments made to proof will result in delay to delivery date.
3. Delivery date to be advised before we start with the branding process.
4. Once artwork has been approved and plates/screen made, any changes thereafter will be charged accordingly.
5. Printing colour’s will be matched as close as possible to Pantone colour’s or swatches supplied.
6. We do not guarantee a 100% colour match.
7. We do not guarantee any print onto metal or ceramics.
8. We are not liable for any loss or damage once items leave our premises.
9. Layouts sent in colour via email are not a true reflection of the colour but merely and indication of what the item will look like.
10. Should you require changes, we will issue a new layout for final proofing before production.
11. Please note PolyPropylene and Metal products require a minimum of 3 days to be treated. We are in no way responsible for ink scratching off before this period.
12. Items will only be packed in plastic sleeves by prior arrangement.
13. Items in poly bag may not be packed back into plastics

Cancellations

Written orders (faxed or by email) constitute a binding contract and are legally enforceable. Once an email commitment or order has been emailed or faxed, cancellations prior to collection will be subject to a 20% handling and admin fee and R500.00 per layout if a layout was created.

For customers who are on account: no cancellation of orders for products will be accepted once final approval of artwork has been received. Once an order for Special Import products (under R5000 excl VAT) has been faxed or emailed no cancellations will be accepted for any reason.

For Special Import orders over R5000, where a 50% deposit is required, no cancellations will be accepted once the deposit has been received. Warehouse products needing to be returned after stock has been collected may be returned, at the sole discretion of management, within 48 hours of collection, subject to a 25% handling and admin fee (if unbranded). Special Import orders will not be accepted for return. Please do not return orders without prior written consent from Nuthouse Management.

Orders returned without accompanying written consent will not be accepted by our returns department. Unless alternative arrangements are made, unbranded orders must be collected within 10 working days from order. Orders not collected within 10 working days will be deemed to be cancelled and products will be returned to stock. This order will be subject to a 15% handling and admin fee. Orders that have been branded and remain uncollected for 30 days will be given to charity.

Shortages & Damages

Once stock has been collected / delivered from / by Nuthouse we have no control over it. As such we will not be held responsible for any damages or shortages not reported within 24 hours.

In the case of stock being sent by courier to regions outside of Pretoria (i.e. Durban, CT etc) clients have 60 hours from time of collection by courier, to report missing or damaged items. No claims will be entertained thereafter.

Shortages & Damages

Once stock has been collected by clients or couriers/ delivered by Nuthouse we have no control over it. As such we will not be held responsible for any damages or shortages not reported within 24 hours. In the case of stock being sent by courier to regions outside of Pretoria (i.e. Durban, Cape Town, etc.) clients have 60 hours from time of collection by courier, to report missing or damaged items. No claims will be entertained thereafter.

Surcharges

Surcharges will be placed on urgent order should stock be available; 2 to 3 days lead-time 25%, 4 days 15% and 5 to 6 days lead-time 10%. This system is in place to avoid any disappoinment regarding your requested deadline.

Payment

We unfortunately do not accept cheques. In the case of cheques deposited into our bank account, stock shall not be released until the funds have been cleared in our account. We do not accept cash for any orders over R500.00 since having cash on the premises is a security risk. We encourage EFT’s.

Stock will only be released once proof of payment has been received. For orders that require branding, we will only commence branding once stock and branding has been paid for in full. Please contact your Account Consultant to con_rm that they have received your proof of payment, once payment has been made. Nuthouse cannot be responsible for missed deadlines if you have not con_rmed that payment has been received. Nuthouse shall have the right to suspend deliveries and to exercise its rights to repossess the goods if any amount due and payable by the purchaser remains unpaid.

Delivery Date

Every endeavor shall be made to delivery promptly or within the period indicated in writing by Nuthouse Marketing and Nuthouse Marketing does not accept any responsibility whatsover for delays in delivery which are due to strikes, labour disputes, accidents, weather, breakdown of machinery, or any cause of whatsoever. Any delay in delivery shall not entitle the Client to cancel any order or to refuse acceptance of delivery at any time. Where Nuthouse Marketing has agreed on a completion deadline for any order; this will be on the condition that we have received deposit and artwork approval within 24 hours of order.

Sample policy

• Samples are provided at the sole discretion of Nuthouse Management.
• On dispatch samples will be invoiced.
• Samples should be returned within 5 working days. All samples should be returned in the original condition and packaging.
• Should samples not be returned within the 5 working days, the invoice becomes immediately due.
• Samples are to be delivered to Nuthouse offices unless prior arrangements for a collection has been made.
• Courier / collection fees excluded (unless otherwise arranged).
• It may take up to a week to carefully check samples that are returned. Once we are satisfied that samples are fit for resale, we will issue a credit note.
• Damage to any part of the samples or packaging will result in the samples not being accepted for return.
• Importantly, when returning samples, the original invoice relevant to the samples needs to accompany the returned goods before a credit note will be issued.
• Samples with an individual product price of less than R250.00 excl. VAT may not be returned.
• Memory sticks may not be returned for credit; dummy memory sticks are available for purchase (upon request).
• Hampers and edible products may not be returned.

1. Definitions

1.1 “The Company” shall mean Nuthouse Marketing cc
1.2 “The Goods” means any Goods (Printed, non printed and consumables) or services forming the subject of this Contract.
1.3 “Supply” shall mean the sale of the Goods notwithstanding any credit offered or any retention of title to the Goods.
1.4 “The Customer” shall mean the person, business partnership, company or party with whom any Contract to supply the Goods is made by the Company.
1.5 “Contract” shall mean any Contract for the sale of Goods or services by the Company to the Customer.

2. The contract

2.1 These conditions shall be incorporated in the Contract to the exclusion of any terms and conditions stipulated or referred to by the Customer.
2.2 No variations or amendments of this Contract shall be binding on the Company unless such variations or amendments are confirmed and accepted by the Company, in writing, prior to the commencement of the contract.
2.3 Any concession made or latitude allowed by the Company to the Customer shall not affect the rights of the Company under the Contract.
2.4 The Customer from whom the Company receives instructions shall be liable to the Company as a principal for all costs due for the supply of goods and services under the contract and will be subject to these conditions whether or not such a Customer purports to contract as an agent.
2.5 These terms and conditions shall apply to any contract between the Company and the Customer. Any conditions from the Customers documents are sent by the Customer and received by the Company on the understanding that they have no legal affect whatsoever unless agreed to in writing by the Company prior to the commencement of the Contract.

3. Orders

3.1 No order shall be binding on the Company unless and until it has been acknowledged and accepted in writing in the form of a written order acknowledgment by the Company or the Company’s invoice.
3.2 The Company will make every endeavour to deliver the correct quantity ordered, but it is hereby agreed that The Supply will be conditional upon five per cent margins being allowed for overs or shortage (eight per cent for quantities exceeding 50,000) the same to be charged or deducted.

4. Prices and payments

4.1 The Company shall be entitled to adjust its prices for any increase in the price of materials, parts, delivery costs, labour costs or for costs of any other kind arising for any reason beyond the Company’s control after the date of the Contract. The Company shall also be entitled to adjust prices, without entitling the Customer to cancel the order, to take account of:-

4.1.1 Any costs to the Company resulting from a delay by the Customer in giving to the Company sufficient information to enable it to supply all or any of the Goods, including but not limited to suitable print ready artwork (of a standard needed to produce commercially acceptable print,) graphics, copy, proof approvals, delivery instructions or payment. This is to include matters which are not specified by the Customer or where left to the Company’s discretion and then found to be unacceptable to the Customer.
4.1.2 Any costs associated with changes in instructions by the Customer including but not limited to changes in delivery instructions, delivery dates or product specification.
4.1.3 Any costs associated with the failure of the Customer to take or accept delivery of the Goods.
4.1.4 Any costs incurred through the storage by the Company of the Customer’s property received before or not collected after the Contract

4.2 All prices are for sale ex-works of the Company unless specified otherwise by the Company.
4.3 All prices are exclusive of VAT and if chargeable this will be charged at the appropriate rate ruling at the date of delivery of the Goods.
4.4 The Contract Price shall be due and required to be paid by the Customer without any deduction or set off before the date of Delivery or such earlier date if demanded by the Company, unless the Company has, at its own discretion, offered the Customer a credit account, in which case the Contract price will be due on or before the last day of the calendar month following the month of invoice.
4.5 Any amount not paid by the Customer on the due date shall incur interest at the rate of South African Reserve Bank base rate + 5% (plus five per cent) per month from the date it falls due, interest will be charged daily until it is paid in full.

4.5.1 If the company and the client should enter into dispute for whatever reason, all existing agreements in respect of any extended payment credit terms shall be withdrawn. The total outstanding amount becomes due and must be paid in full forthwith. Any failure of immediate payment shall be levied at a rate of five percent monthly or part thereof as specified in clause 4.5.

4.6 In the event of  the Customer failing to make payment in accordance with condition 4.4 above; or the Customer fails to take delivery of the Goods or any part of them on the date of Delivery; or the Customer fails to provide any instructions or materials or fails to provide any other prerequisite required by the Company to enable the Services to be performed on the due date or within a reasonable time of the Company’s request; the Company shall have the right at its sole discretion and without prejudice to its other rights or remedies to either suspend or cancel any outstanding Contracts with the Customer; summarily by notice in writing without compensation to the Customer but with the right to be paid in respect of all work done for Services performed or Goods supplied to the Customer and to be reimbursed the amount of all monies paid out on account of the Customer up to the date of such suspension or cancellation.
4.7 In the event of suspension of the Contract envisaged by clauses 4.6 above or in the event of cancellation the Company may on giving written notice to the Customer store or arrange for the storage of the Goods and on the service of the notice:-

4.7.1 risk in the Goods shall pass to the Customer;
4.7.2 the Customer shall pay to the Company costs and expenses including storage and insurance charges arising from its failure.

5. Delivery

5.1 All times or dates given for Delivery of the Goods shall be in good faith but shall not be the essence of any Contract nor shall the Company be under any liability for delay in Delivery occasioned by any circumstances whatsoever beyond the control of the Company.
5.2 Where the Goods are handed to a carrier for carriage to the Customer any such carrier shall be deemed to be the Agent of the Customer and not of the Company for all purposes.
5.3 The Customer shall inspect the Goods supplied immediately upon receipt and no liability for non-delivery, partial loss or damage to the Goods occurring prior to delivery or where the Goods are not in accordance with the Contract will attach to the Company unless claims to that effect are notified in writing by the Customer to the Company within five (5) days of delivery.
5.4 If the Customer shall fail to give notice in accordance with Condition 5.3 above the Goods shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same accordingly.
5.5 Without prejudice to any other rights it may have the Company may withhold delivery of any of the Goods or any installment thereof if it has reasonable grounds for doubting the Customer’s ability to pay the price thereof and if the full amount of the contract is not paid as per clause 4.4.
5.6 The Customer cannot refuse to accept delivery of part consignments in partial satisfaction of any Contract for sale or supply and no default or failure by the Company in respect of one or more consignments shall vitiate the Contract.

6. Passing of title and risk

6.1 The Customer hereby purchases only such title in the Goods as the Company may have but not further or otherwise.
6.2 Not withstanding the earlier passing of risk, title in the Goods shall not pass to the Customer until all sums due from the Customer to the Company have been paid for in full.
6.3 title in the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the contract for them has been paid in full. Until title passes the Customer shall :-

6.3.1 Be bailee of the Goods for the Company and shall hold the Goods for and on behalf of the Company.
6.3.2 The Customer shall store the Goods separately from any other Goods so that they are identifiable as Property of the Company;
6.3.3 the Customer shall take good care of the Goods and is liable to fully insure the same for loss, damage or destruction and benefit of any insurance claim in respect of the Goods shall be held in trust on behalf of the Company;
6.3.4 In the event of  the Customer selling the Goods the entire proceeds of sale of the Goods shell be held in trust in a separate designated account and shall at all times be identifiable as the Company’s money.
6.3.5 Without prejudice to the generality of Clause 6.3.2 above the Customer shall have the right to sell the Goods subject as herein after mentioned and subject to the Company not withdrawing such right to sell on written notice to the Customer.
6.3.6 At any time after the Customer is in default of payment on the due date of any sum due by the Customer to the Company or if the Company upon notice withdraws the Customer’s right to sell the Goods or if the Customer shall commit an act of bankruptcy or suffer any execution to be levied upon his property or if being a Company it suffers a Receiver to be appointed of its undertaking or is placed in liquidation or is the subject of an Administration Order (such eventualities or any one of them as the context shall demand herein after called “Such Event”) then in any Such Event the Company may forthwith enter the premises of or occupied by the Customer for the purposes of repossessing the Goods and the Customer hereby grants to the Company a License for that purpose.

7. Conditions, warranties and exclusions

7.1 Representations of the appearance of Goods vary in every case according to the nature and circumstances of production and the treatment of the Goods after leaving the Company’s premises. All representations furnished by the Company in respect of the Goods whether or not in writing 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 unless and to the extent that they are expressly warranted or guaranteed in writing by the Company and are as such expressly stated by the Company to form part of the Contract.
7.2 Any condition or warranties (whether expressed or implied by statute common law or arising from conduct or a previous course of dealing or trade customer or usage) as to the quality of fitness of the Services for any particular purpose even if that purpose is made known expressly or by implication to the Company are hereby expressly negatived.

7.3.1 Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of acts omission negligence or default of the Customer its servants or agents including in particular without prejudice to the generality of the foregoing any failure by the Customer to adequately correct proofs submitted by the Company or where imperfect work is caused by defects in or unsuitability of materials supplied or specified by the Customer.
7.3.2 Where any text, illustrations or other matter is supplied to the Company in a digitised form, or on a disc or through a modem and the data so received is not suitable for outputting on the Company’s equipment the Company will take every care to secure the best results but shall not be responsible for any imperfect work caused by the unsuitability of such data; and any delay in delivery occasioned by the additional work;

7.4 Save as herein provided a Contract or order may not be cancelled by the Customer except by agreement in writing of both parties and upon payment to the Company of such amount as may be necessary to indemnify the Company against all losses resulting from the said cancellations.
7.5 The Company shall not be required to print any matter which in the Company’s opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party, or if in the Company’s opinion the artwork contains images or content of an obscene or inappropriate nature.
7.6 The Customer shall indemnify and keep indemnified the Company against any and all proceedings claims damages losses expenses or liabilities (on a full indemnity basis) which the Company may incur or sustain as a direct or indirect result of or in connection with any infringement of any patent copyright design trademark or other industrial or proprietary or personal rights (including libel) contained in any material printed by the Company for the Customer or relating to any of the Services hereby provided to the Customer or based upon any work prepared by the Company for the Customer and approved by the Customer either orally or in writing prior to publication.
7.7 Metal, film, glass and other materials owned and used by the Company in the production of type, plates, moulds, stereotypes, electrotypes, film setting, negatives, positives and the like shall remain the Company’s exclusive property.
7.8 Notwithstanding any provision contained in these Conditions of Contract the Company shall have a lien on all products and property in its possession including the Goods (whether worked on or not and whether the exclusive property of the Customer or not) in respect of all unpaid debts due from the Customer and shall be entitled on the expiration of fourteen day notice (unless all sums due to the Company have been paid) to sell the products and property at the best price readily obtainable and after deducting the selling and other costs and expenses shall charge the Customer for any shortfall below the amounts owing to the Company or shall account to the Customer for any surplus.

8. Liability

8.1 The Company’s whole liability and the Customer’s sole remedies for any default in respect of Goods or Services supplied shall be as follows save that this Clause shall not confer any rights or remedies to which the Customer would not otherwise be legally entitled:
8.2 The Company does not exclude liability for:-

8.2.1 death or personal injury and subject to the provisions of Sub-clause (d) below direct physical damage to tangible property of the Customer to such extent that such damage death or injury is caused by the negligence of the Company its employees agents or subcontractors and
8.2.2 any breach by the Company of any term as to title quiet possession and freedom from encumbrances which may be implied under the South African law of sale.

8.3 For any default relating to Goods delivered hereunder whether occurring at the time of delivery or thereafter then subject to the other provisions of this Clause the Customer shall give written notice of any default within 72 hours of its being discovered by the Customer. The Customer is advised to examine the Goods upon delivery and no claim will be entertained unless notified within five (5) days of the date of delivery. Thereafter, the Customer shall allow the Company every reasonable opportunity to replace the Goods or the part in question.
8.4 In the event of any valid claim in respect of any default the Company shall be entitled to replace the Goods or Services (or the part in question) or remedy the Service free of charge to the Customer or at the Company’s discretion refund to the Customer the price of the Contract (or proportionate part of that price) but the Company shall have no further liability to the Customer.
8.5 The Company’s maximum total liability for any one default shall not exceed the purchase price of the Goods or Services in respect of which the Company is liable. Should any limitation in these Conditions be held invalid any liability thereby arising shall nevertheless be subject to this monetary unit.
8.6 In no event shall the Company be liable for the following loss or damage howsoever caused even if foreseeable by the Company:

8.6.1 economic loss (loss or profits business revenue goodwill or anticipated savings) or
8.6.2 any other consequential loss or damage (except expenses incurred with regard to death or personal injury) and
8.6.3 claims against the Customer by any other parties.

8.7 The Company shall be under no liability whatever if the price paid for the Goods or Services has not been paid by the due date for payment.
8.8 No valid claim shall arise in respect of quantities supplied to the Customer in accordance with clause 3.2 above.

9. Force majeure

9.1 The Company shall be entitled to delay or cancel delivery or reduce the amount delivered if it is prevented or hindered or delayed through any circumstances beyond its control including but not limited to strikes, accidents, breakdowns or unavailability of materials from the normal source of Supply.
9.2 If a Contract or Order or any part thereof shall become impossible of performance or otherwise frustrated by reason beyond the control of the Company or as a result of the Customer’s default the Company shall be entitled to a reasonable remuneration for work done together with reimbursement of all expenses until the date of such frustration.

10. General

10.1 The Contract for Supply and Sale of Services is personal to the Customer and incapable of assignment or charge without the written consent of the Company.
10.2 The Company may sub-Contract the performance of the Contract in whole or in part.
10.3 In the event of any Condition being judged unreasonable it shall be modified to the extent necessary to make it reasonable and the remaining Conditions or part Conditions shall nevertheless remain full force and effect.
10.4 If any provision of this agreement becomes unlawful unenforcable or void such provision shall to the extent required be deemed to be deleted from this agreement and rendered ineffective as far as possible for the purpose of construing performing or enforcing this agreement and without modifying the remaining provisions hereof which shall continue in full force and effect.
10.5 This Contract shall in all respects be governed by English Law and the Customer and Company agree to submit to the non-exclusive jurisdiction of the High Court of South Africa.

Nuthouse Marketing makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Nuthouse Marketing will not be held responsible for any and all damages resulting from products and/or services it supplies. Nuthouse Marketing is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Nuthouse Marketing responsible for any such loss or damage. Any claim against Nuthouse Marketing shall be limited to the relevant fee(s) paid by the customer.

Nuthouse Marketing reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Nuthouse Marketing will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Nuthouse Marketing and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Nuthouse Marketing recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.