Terms & Conditions

sales@gifts-to-clear.co.za

Terms & Conditions

Surplus Distributors , from now on to be referred to as (SRP)

Any payment by a client of any quotation, invoice or order, automatically infers compliance by the client to
all of (SRP) Terms & Conditions (T's & C's) as set out below and on the Terms & Conditions link on all
quotations and invoices.
To change or cancel an order after payment has been made, please kindly carefully read through all of
these Terms & Conditions to follow the necessary procedure for change or credit of any orders.

Reversal of funds, bounced/stopped cheques, fake proof of payment documents, making any false
accusation claims to banks/credit card processing entities for unjustified refunds and fraud claims,
any unsubstantiated claims against our business and any other unethical business practices will not be
tolerated and (SRP) will proceed with civil or criminal charges against any such perpetrators.

Full Payments on orders:
Upon acceptance of the quotation a full payment is required in order to reserve the stock. Should this
payment not be made within a reasonable short time frame it is understood by the client that the stock may
no longer be available. The client herewith understands and agrees that (SRP) is not able to secure any
stock without having received said full payment. In the event of stock no longer being available at the time
of the full payment, (SRP) can supply an alternate product to the same value or alternatively place the
customer on a waiting list until the original item is once again available. Should a purchase order be
submitted to (SRP), the required stock will be reserved for a short time period (5 days maximum), however,
(SRP) will only continue work on the order once the full payment has been paid. Any NON-account orders
that are paid for in full will be prioritised over any orders that are partially paid.

Re-selling:
(SRP) seriously discourages clients from re-selling any items purchased from (SRP).
There are several reseller promotional companies in the marketplace that specialise in fast turn-around and
Trade-Only supply chain production.
Please rather contact one of these companies if you wish to re-sell promotional items as a business, at a profit.

Our payment options include:
Credit Card and Bank Transfer (EFT or SWIFT).
Although Credit Card, EFT or SWIFT and Cheque payments, debit the client's account immediately, all
orders will only be processed and released once cleared and available funds are reflected in (SRP)'s
South African business bank account. (non-negotiable).

Artwork Approval & Order Status:
Initial basic layout artwork approval can be supplied to (SRP) in Jpeg format (logo.jpeg or logo.pdf).
However, final artwork for branding must be supplied to (SRP) in vector format only, with no pixilation.
Delays in the client providing correct format artwork or artwork approval will result in a delay in production
time. Severe delays may result in the stock no longer being available. Should a (SRP) invoice remain
unpaid for longer than 1 calendar month, the order will be placed into dormant status.

If eventually the invoice is paid in full, (SRP) will have every right to adjust pricing, due to fluctuation in
exchange rates and added interest and submit another invoice for balance of shortfall payment.
The balance of shortfall invoice will have to be settled within 5 working days for the order to be changed to
active status. Once a dormant status order is changed to active status order, this order will be put into
production at the bottom of the production queue and could take up to 60 working days to be put into final
production due to (SRP) having to order and import new stock at reasonable prices, internationally for this
order.

General Production:
After payment and final artwork approval sign-off has been made by the client to (SRP),
a minimum of 6 to 8 weeks delivery turn-around period must be given for ANY and ALL order/s
(confectionery, promotional items & clothing) from start to finish.
Important:
In the past 12 months (SRP) has experienced delays of up to 120 days due to the global backlog and
supply chain disruptions and unprecedented load shedding in South Africa.
Please make sure to work around the above time frame when placing and paying for any orders.
(this is very important!)

In order to get the lowest prices for it's clients, (SRP) directly imports all confectionery and
non-confectionery products and strongly discourages clients from placing function/date specific or
urgent/emergency orders as turn-around of all orders takes much longer due to (SRP) having to import all products.

Additional to the nature of the (SRP) production process, tight deadlines cannot be met due to several
factors with regards to artwork approval, clothing sizes, order sign-off, vendor document approval, stock
availability, production over-load and delays in payment all can contribute to and will result in delays of
order production and delivery.

Severe payment and artwork approval delays, will result in severe production delays.

(SRP) cannot guarantee that there will not be delays with clearance at South African Revenue Services
(SARS) customs officials and in the past, though rare, we have had delays of up to 3 weeks for customs
clearance by SARS on imported clothing and headgear. (SRP) cannot in any way control SARS custom
clearance times and turn-arounds.
Although (SRP) values any new client's business, (SRP) is not a rush-job (fast turn-around) service
provider.

Should a client require (SRP) to enter into a contract by signing a purchase order (PO) or service level
agreement (SLA), it is understood that production will only go into effect once full payment and final
artwork sign-off has been received for the agreed order. As production peaks go up and down in volume,
(SRP) can only start production for any orders once there is production capacity available and cannot
commit to turn-around times on specific time frames as set out in the above mentioned purchase order of
service level agreement. (SRP) will put into production any orders as soon as production capacity
becomes available.

(SRP) strongly recommends to new clients that require rush-jobs to rather make use of the services
offered by the many other thousands of promotional companies in the marketplace that offer fast rush-job
customer service.

International Orders:
(SRP) also cannot control import international custom clearance times and turn-arounds by an importing
client. (SRP) has had in the past, where orders have been quarantined by international customs officials
for up to 3 weeks before releasing the goods to the customer.

As per international import/export regulations, full payment on all orders is required for custom clearance.
The client's customs clearance and importing documentation must also be valid and supplied to (SRP)
before any orders are exported to clients. Failure to present import/export certification documents will
result in (SRP) not being able to export the orders as any orders without customs clearance and
importing/exporting certification will immediately be quarantined. All quarantined order, penalties incurred ,
interest incurred and legal action charges incurred will be for the full account of the client in the currency of
US$. (non-negotiable)

The client is liable for obtaining valid importing/exporting certification, should the client take longer than 30
days to obtain the required certification, (SRP) will proceed with charging interest for warehousing the
order and on any outstanding monies owed by the client to (SRP)

Correspondence:
All correspondence with (SRP) after payment has been made is to be done in writing via email only. This is
to ensure a clear paper trail of all correspondence and job transactions are recorded. Only correspondence
and agreements via email will be updated to job production cards.
All other correspondence and agreements made via telephonic conversation, fax, WhatsApp or verbal will
not be considered.

Peak Season:
Valentine's Day (mid-January to mid-February), Easter (mid-March to mid-April), Women's Day/Spring Day
(mid-July to beginning-September) and end of year season (1st October, all of November and to the last
business day in December) are considered peak season.
Please keep in mind that February is now the month of love, August is now Women's month and
September is now spring month. It is quite acceptable to receive promotional items for the specific events
throughout the month in which they fall and later.
End-of-Year peak production period - 1st October - 23rd December.
Any orders placed and paid on or after the 1st of October could be delivered towards the end of January to
middle February the following year.
(SRP) cannot guarantee that orders will be manufactured and delivered before the end of the year as there
is a tremendous bottleneck in end-of-year production and importing by the supply chain.
Please avoid placing any event, function, rush-job (last minute) and/or any date specific orders during this
peak period.

Statements:
30 Day accounts must be settled within the month of the statement run date.
COD accounts must be settled upon the same day of delivery (POD) of order (a maximum grace period of
3 days will be allowed to settle the statement)
NON-account holders must settle their statement promptly upon receipt of an up-to-date statement
emailed to them. No production or delivery of orders or services will take place unless the NON-account
statement is paid in full and funds are cleared in (SRP) bank account.
All statements must be at a zero Rand value at all times. Delay in payment of statements will result in
delays in production, delivery and interest to the value of 2.5% per month will be charged on all overdue
statements.

Order or Service Cancellation, Product Quality and Credit:
(SRP) does not manufacture any of the branded products it sells. (SRP) takes it in good faith that the
branded products supplied to (SRP) by its many suppliers have been quality checked and approved by the
necessary quality standards bureau/agencies locally and internationally.
Should any branded products be faulty or not up to a reasonable quality standard, (SRP) will request the
faulty branded products to be replaced at the suppliers' expenses.

Should a client for any other reason than an incorrect order delivered or poor product quality, wish to
cancel an order, an official cancellation of order letter will be required on the client's letterhead stating the
reason/s for cancellation. (SRP) will then have up to 30 working days to review the request and make a
decision. Should (SRP) decide to pass a credit note for an order, the credit value on the credit note can be
used by the client on a brand new order. The credit value can be used in stages for a period of six months
after the credit note has been passed to the client. A credit note cannot be transferred to another person,
branch, division or company. An order that is placed by using a credit note will be considered as a brand
new order and all the terms and conditions of sale with new orders, will apply, as is stated within these
Terms & Conditions.

Order or service cancellations made on any items or services, for any reason whatsoever, made within the
first 7 days after payment has been made to (SRP) will result in a 30% order cancellation charge from
the total amount of the order (non-negotiable)
Order or service cancellations made on any items or services, for any reason whatsoever, made after the
first 7 days after payment has been made to (SRP) will result in a 50% order cancellation charge from
the total amount of the order (non-negotiable)

If no resolution can be found or settlement agreed upon to an order dispute the client is free to send legal
documentation only via email to:
admin@bulk-clearance.co.za
or
clearancegifts@gmail.com

In an event where a client wishes to cancel an order and does not send (SRP), within 30 working days, a
cancellation letter and banking details nor collect the finished order, (SRP) will take it that the client simply
does not require it's order or money credited and the order will either be destroyed or given free of charge
to a preferred charity of (SRP) No refund or credit will be made for any amount in this event.

If a client pays/deposits cash into (SRP's) account, and then wishes to change/cancel the order, only a
credit for an alternative product/s can be initiated/made by (SRP).

No cash payments for any orders will be refunded. (non-negotiable)

Any credits and refunds will only be initiated and made into the banking details of the name of the
company reflected on the original quotation or invoice. In order for (SRP) to initiate a credit or a refund,
(SRP) will require an official cancellation letter on a company letterhead, signed by a company manager,
official banking details on an original stamped bank letter not older than 3 months and a signed copy of
these Terms & Conditions by a company manager.

Legal:
Should a local (South African) or international client request a reversal of funds from it's own bank or from
(SRP)'s bank account without making (SRP) aware of this action while the order is in production, (SRP)
will see this action as extremely unethical and will take legal action against the client for all damages,
including any client or financial loss caused by this action.

Should (SRP) or a client resolve to open a criminal case of fraud for or against (SRP), the production of all
current orders for the client's company and all orders for its divisions, branches and associations will
immediately be put on hold pending the outcome of the investigation or court ruling.

(SRP) abides by South African company laws. All clients either local (South African) or international will have
to abide by South African company laws when transacting with (SRP) and not with their own country laws.
(SRP) will also take legal action against any client locally or internationally that threatens it's staff online or
at it's branches and divisions, uses defamation of business tactics online or uses any other illegal actions to
prioritise and forcefully persuade and escalate order production, returns or refunds without going through
the proper legal channels set out in South African company law.

All legal costs, including legal representation in a civil or criminal court of law which is incurred by (SRP),
the collection of outstanding funds and/or any interest will be for the client's personal or company account
in the event of a court ruling in favour of (SRP)

Management