Standard Design and Production Trading Terms and Conditions

It's JH Design's pleasure to give you a cost estimate on any specified work. Cost estimates are valid for the period of one (1) month from the document date and are subject to the standard conditions and recognised customs of the printing / design Industry of South Africa. Estimates and quotations not accepted within 30 (thirty) days thereof shall be deemed withdrawn and cancelled. Cost estimates are based on the following critical condition: That ALL text be supplied in digital format (disk or e-mail), (PC users MS Word format) and that ALL editing, corrections and proofing have been finally completed. Failing which additional charges may be levied for copy corrections, proofing and editing. A levy of 50% of the total amount is applicable on signing of any cost estimate and starting production, with the rest due on delivery of the work, unless otherwise stated.

In any contract that may arise out of any submitted cost estimate, customers will be deemed to have ordered subject to the following standard conditions and recognised customs of the Printing Industry in South Africa, unless otherwise agreed in writing:

1. Customer shall pay for any preliminary work which is produced at his / her request whether it's layout, experimentally or otherwise.
2. A 50% rejection fee is applicable on all designs executed by the designer, shall the customer at this stage cancel the contract / order.
3. Proofs, pulls, samples, specimens, sketches, photographs or any representation, whether partial or total, of the finished article in what ever form may be submitted to the customer for approval. After approval the customer shall have no claim against the designer or printer for errors in the exemplar as approved by him / her.
4. Changes required by customer, other than the correction of printer's errors, may be charged for. In particular if the customer requires for any reason a reprint of any order of which he / she has previously approved, which reprint includes any charge or alteration of any kind to the order, then such reprint shall be for the account of the customer not withstanding any claims that the customer may make about the original order.
5. Goods will be dispatched or must be collected by the customer when ready and customer shall not refuse or delay to take deliver.
6. Payment is due when goods are ready for dispatch or collection or otherwise as stated on the invoice.
7. When required to expedite delivery ahead of the time needed for proper production the designer/printer shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages and other additional costs or delivery charges, all such extras are for the customer's account.
8. The customer shall accept as good and complete delivery, and shall pay the contract price pro-rata for any quantity that does not exceed or fall short of the quantity ordered by more than 10%.
9. Should the customer be supplying work on disk for the designer for poster printing, overhead foils, photographic slides, or any like work for the designers bureau service, the designer is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the printing, slides, foils etc. shall be made at the entire risk of the customer.
10. Complaints and claims will only be entertained if received by the designer / printer in writing within 8 working days of delivery. Standing matter and printer's materials of any kind whatever may be distributed, if effaced disposed of, immediately after the order is executed unless written arrangements are made for retention. A designer / printer may charge rent for storage of goods (digital included) retained at customers request. Origination and / or conceptual work and any copyright subsisting therein shall be property of the designer / printer unless otherwise agreed to in writing with the customer.
11. Customer's property and property supplied to the designer / printer on behalf of a customer will be held at customer's risk. The designer / printer will not be responsible for imperfect work caused by defects in or unsuitability of material and equipment not supplied to the designer / printer. The designer / printer will not be responsible for customer's material wasted in course of production. Extra costs incurred through the use of defective materials or equipment supplied are for the customer's account.
12. The designer / printer shall not be required to produce any matter which in his opinion is illegal or defamatory. The customer shall indemnify the designer / printer against any claims, cost and expenses arising out of any legal action against the designer for the work done on behalf of the customer, including but not limited to infringement of copyright, trademarks, patent or design.
13. Unless otherwise agreed either party may terminate any contract for designing / printing a periodical publication by giving not less than 3 (three) months in writing. Nevertheless the designer / printer may forthwith terminate any such contract should monies due remain unpaid or should any other of these conditions breached.
14. Any contract is subject to cancellation or variation by reason of force maior, or from any and every cause whatsoever beyond the designers / printer's control, inter alia, inability to secure labour, materials, power or supplies, or by reason of war, civil disturbances, riot, state of emergency, strike, lock out or other labour disputes, fire, flood, theft or Legislation.
15. The designer / printer may recover from the customer any increase in cost of production which occurs between the acceptance and execution of any order.
16. The designer / printer shall not be required to work to tolerances closer than those applicable to the materials obtained by him in the ordinary course of trade. No liability shall arise from variation in the standard, quality and performance of such materials.
17. It is the sole responsibility of the customer to determine whether the goods ordered by him / her are suitable for the purpose for which he / she intends using them. The designer / printer gives no warranty, expressed or implied, concerning the suitability of the goods supplied for any purpose whatever. The designer / printer shall not be liable for any direct, indirect, consequential or other loss to third parties, arising out of errors in contracting third parties, or by delay in delivery, or unsuitability of goods for use as intended.
18. When payment is overdue the designer / printer may suspend the delivery / ies without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of goods completed but not delivered shall there upon forthwith become due and payable. Moreover after the expiration of 14 (fourteen) days notice the designer / printer may exercise a general lien on all customers goods and property in his hands and may dispose of such goods and property as he sees fit and apply the proceeds towards such debts. The designer / printer may also elect to cancel and not produce any unmade balance of such contract and recover from the customer any losses sustained by so doing.