Terms & Conditions
Formax (Pty) Ltd, Formax Stationery and Media (Pty) Ltd, Formax Corporate (Pty) Ltd and allFORMS (Pty) Ltd
hereinafter collectively referred to as FORMAX
STANDARD TRADING CONDITIONS
- Terms of payment are 30 days nett from date of statement.
- Responsibility on all jobs are limited to the written instructions and designs or proofs as approved by the customer, including all errors not pointed out by him when approving designs, proofs and specifications.
- No responsibility is accepted for rush jobs - unless a 10% surcharge is paid.
- No delivery dates will be binding unless agreed to by FORMAX in writing.
- Goods if accepted for return will be subject to a handling fee.
- The standard terms and conditions of the printing industry will apply (available on request.)
- Refusal of overruns or underruns will result in a 5% surcharge.
- Interest at effective FNB prime rate + 3% will be charged on all overdue accounts.
- Proofs will only be provided if specified on the purchase order, otherwise (2). will limit FORMAX responsibility.
- All cost for origination and setting, when quoted or charged for, will be for labour only - therefore all final materials will remain the property of FORMAX.
- Origination and setting costs as specified in 10. will be charged seperately.
- When FORMAX prints or designs a form, copyright will vest in FORMAX.
- FORMAX gives no guarantees in the advent of copyright vesting in a third party or where the use of such constitutes an infringement of copyright.
- The customer indemnifies FORMAX for any damages, financial or otherwise, which may arise as a result of copyright infringement due to the instructions of the customer.
- Minimum order values will apply, and are subject to change without notice. FORMAX reserves the right to levy delivery charges at the discretion of management.
- All items will remain the property of FORMAX until paid for completely.
- All ordered customer goods held in storage - paid for or not, invoiced or not - are held entirely at the customer's risk.
- No claims by the customer will be recognized unless submitted in writing received by FORMAX within SEVEN (7) days of the actual receipt of the goods by customer from the carrier. Failure to communicate any such claim will constitute an acknowledgement that the goods are in all respects for the purposes for which they have been made and are in good order and condition. If accepted for return, all goods must be in the original packaging and in resaleable condition.
It shall be the obligation of the customer, and not of FORMAX to make any claims against the carrier for loss of the whole or part of a consignment of goods or for damage to goods accepted by the carrier for delivery or for a delay by the carrier in effecting delivery.
FORMAX shall not be liable for any consequential loss of whatever nature arising from any defect in the goods.
- Notwithstanding any prior dealings between the company and the customer, all documents, cash, cheques, bank drafts or other remittances, sent to the company through the post shall not be deemed to have been received by the company unless and until they are actually received by the company.
- The customer undertakes that no claim shall be made against any director, servant or employee of the company which imposes or attempts to impose upon him any liability in connection with the rendering of any services which are subject of these trading terms and conditions and hereby waives all and any such claims.
- FORMAX shall have the right forthwith to repossess its goods and/or to claim from the customer immediate payment of any monies owing by the customer even if not then due for payment and/or to cancel this contract under any of the following circumstances:
a) If the customer fails to pay any amount due to FORMAX or any of its Holding, Subsidiary or Associate Companies on due date thereof;
b) If the customer fails to fulfil any of its obligations in terms of this contract;
c) If the customer is sequestrated, liquidated or placed under Judicial Management, provisionally or finally, voluntarily or compulsorily;
d) If the customer commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy any judgement granted against it within SEVEN (7) days after the date of judgement has become final;
e) If the customer passes any goods acquired from FORMAX or any of its Holding, Subsidiary or Associate Companies onto any third party for resale without the prior written consent of the manufacturer of those goods;
f) If the customer changes the identity of its owner ;
g) If the customer disposes of any of its assets other than in the ordinary course of its business.
Any calculation shall be without prejudice to any accrued claims against FORMAX and claims which FORMAX may have for damages arising out of such cancellation.
- The customer consents that FORMAX shall be entitled at its option to institute any legal proceedings arising out of this contract in a Magistrate's Court of competent jurisdiction over the person or customer and notwithstanding the fact that the amount of the claim may otherwise exceed the jurisdiction of the Magistrate's Court.
- In the event of an attorney being instructed to collect any overdue amounts owing by the customer or to take legal proceedings for the recovery of any amounts or goods arising out of this contract or the cancellation thereof, the customer shall pay all attorney and client costs and collection charges incurred by FORMAX.
- The parties respectively choose the following addresses as their domicilium citandi et executandi where all notices may be given and processes served. FORMAX : its head office at Kyalami, the customer: its address reflected on the face of the CREDIT APPLICATION FORM as Registered Address. Any notice to or by FORMAX shall be addressed to or addressed from FORMAX head office at Kyalami referred to in above paragraph.
- If you intend reselling the items purchased from FORMAX, a personal suretyship will be compulsory for obtaining credit.
- The customer hereby consents to any information contained in the credit application being assessed, verified and monitored by FORMAX as deemed necessary.
PayGate Terms and Conditions
- Detailed description of goods and/or services
FORMAX is a business in the stationery, paper, and office supplies industry.
- Delivery policy
Subject to availability and receipt of payment, requests will be processed within two (2) business days.
- Export restriction
The PayGate offering on this website is available to South African clients only.
- Return and Refunds policy
The provision of goods and services by FORMAX is subject to availability. In cases of unavailability, FORMAX will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee.
FORMAX shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: www.polity.org.za/attachment.php?aa_id=3569
- Payment options accepted
Payment may be made via Visa and MasterCard.
- Card acquiring and security
Card transactions will be acquired for FORMAX via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by FORMAX separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
FORMAX takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
- Country of domicile
This website is governed by the laws of South Africa and FORRMAX chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
FORMAX may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- Company information
This website is run by FORMAX which is based in South Africa.
- FORMAX contact details
7 Monte Carlo Crescent, Kyalami Business Park,
Kyalami, Midrand, Johannesburg
PO Box 5259, Midrand, 1685
Telephone: 011 798 6600