Terms & Conditions
TERMS & CONDITIONS
“The Company” shall mean Theatreland CC. “The Purchaser” shall mean the person, client, Company or firm to whom this quotation is addressed.
(a) The quotation will remain open for acceptance for a period of 14 days, unless extended in writing.
(b) The quotation may only be accepted in writing and deemed to be accepted only upon receipt of the written acceptance by the Company.
(c) Prices quoted exclude VAT, packing if required and delivery charges unless otherwise provided for on the quotation.
(d) The quotation is subject to final specification and fabric approval. In the event that an adjustment is required to the original quotation, the customer will be informed thereof and will receive an amended quote.
- 3. MANUFACTURING ORDERS:
The Purchaser warrants that the execution of the order will not infringe the rights of third parties by virtue of any registered or unregistered patent or design or other intellectual property and indemnifies the Company from any claim which may be instituted on the grounds of such infringements.
- 4. PROVISIONS AND CONDITIONS:
(a) All concepts, drawings, plans, estimates and prototypes supplied in connection with this quotation are subject to the copyright of the Company & may not be disclosed to other parties and must be returned to the Company on request.
(b) All production tooling will remain the property of the Company. (This is inclusive of but not exclusive to production moulds, dies, patterns etc.)
- CONTRACTS SEVERABLE:
Upon acceptance of the quotation, each item therein shall be deemed to form the subject of a separate and severable contract between the parties
- TERMS OF PAYMENT:
(a) A deposit equal to 50% of the full invoice price is payable on acceptance of the quotation (i.e.; Confirmation of Order). The balance is payable on delivery, collection or invoicing whichever occurs first.
(b) A cancellation fee will be charged in the event of cancellation. The fee will depend on the nature of the order, the length of notice of the cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds will be allowed in the event of cancellation for Special-Order Goods / Custom made items that have already been ordered / manufactured or in the process of manufacture or if any order is cancelled with less than 10 days’ notice (in writing), unless agreed by mutual consent.
(c) The items remain the property of the Company until such time as full and final payment has been made. Where an item has been manufactured and final payment has not been received by the Company within 30 days of notice (Account Statement) to the purchaser, the company will retain the right to recover costs for the outstanding balance by offering the item(s) for sale. In the event of the company having to take legal action against the purchaser to recover any amount owing the purchaser will be liable for all costs incurred as between attorney and client.
(a) Unless a date for delivery is specified in this quotation delivery shall be affected within a reasonable time or acceptance of this quotation, subject to delays or circumstances beyond the control of the Company or delays caused by suppliers or subcontractors.
(b) It is accepted by the purchaser that a reasonable time for the manufacture of a mascot is between 4 to 6 weeks depending on complexity. If the purchaser requires the company to produce a mascot quickly due to limited time, then this will be deemed to be an URGENT ORDER (refer below).
(c) In the event of an URGENT ORDER, the customer / purchaser / client accepts the following indemnity:
The purchaser acknowledges that the reasonable manufacturing time of a mascot is between 4 to 6 weeks. By placing an urgent order, the purchaser accepts that the Company may, due to time constraints, have to ignore certain ‘Checks & Balances ‘ which are part of our normal development process. The purchaser accepts there is a risk involved in bypassing the normal ‘Checks & Balances’ which may include but not restricted to, confirmation of the fabrics, design, color, material, finishes, quality checks, airing and testing as per standard Company Procedures. The purchaser hereby indemnifies the Company against claims for harm / damage / delay or any issues caused or arising as a result of the failure to check and confirm the quality of the manufactured product. This will include any economic loss pertaining to any harm / damage caused. Whilst the Company will correct any issues arising the cost of any transport / freight and corrections will be for the clients account and the Guarantee as in paragraph 8 below is no longer valid.
(a) The Company shall within three months after delivery of new mascots, repair or replace failed, or defective parts. The aforesaid warranty is subject thereto that:
- The goods supplied by the company have not been altered contrary to any instruction of the company after leaving the company’s control.
- Has not been exposed to abuse or exposed to any use other than what the product was manufactured for.
- The customer has followed the instructions (see wearing, washing, taking care and safety instructions) as provided by the Company and
- The goods have been inspected by the manufacturer in order to evaluate / determine the reason of the products malfunction before the customer will be entitled to its replacement or repair.
Any claim for defective goods must be submitted to the company in writing. The Company will not be liable in terms of this warranty under circumstances where such product characteristics, failure, defect or hazard did not exist in the goods at the time that it was supplied by the company. No goods may be sent back without authorization.
(b) The guarantee is limited to the Purchaser and shall not be capable of being ceded, assigned or transferred to any other person.
(c) The guarantee does not cover changes to the design, style, branding or manufacturing alterations which are changes to the approved designs. Changes to the approved designs are ‘Upgrades’. A quotation will be sent for the upgrade.
The risk of handling the goods will pass to the client as soon as the goods are collected from the Company either in person by the client or by a nominated representative including commercial parcel / freight / delivery & collection services.
The Purchaser consents to the jurisdiction of the Magistrate’s court in connection with any claim arising out of this agreement, irrespective of the sum in dispute.
- LIMITATIONS OF THE LIABILITY:
The Company shall not be liable for any consequential loss however arising sustained by the Purchaser and the liability of the Company shall be limited solely to the implementation of the guarantee as set out in clause 8 above, provided that the liability of the Company is limited to effecting repairs or replacing faulty or defective parts or material only.
- CLAIMS AND INDEMNITY:
The Purchaser hereby waives all claims against the Company arising directly or indirectly out of faulty, incompetent or defective manufacture, assembly, usage provided that such claims do not arise from the gross negligence or willful misconduct of the Company. The Purchaser further indemnifies the Company against all claims made by any third-party acquiring goods from the Purchaser.
13.Mascot Design Service:
13.1. A visual to show you how your character might look. This service is 'Part Of The Deal'. It is an interpretation of your character and isn't a replication of the finished product per se. This design remains the copyright of Theatreland. It's about showing you shape, proportion, silhouette, colors and branding. The resulting visual is not available for you to use commercially and if you are looking for a character design service that will be used for a mascot and other media then the next section explores this service further.
13.2. Character Development. We have the ability to spend much more time developing a character for you that will be made into your mascot, but also may be the face of your organisation or group or used for other campaign products and material. This is a much more time consuming process, and because of this, this is a separate offering from us and is charged additionally. You will be able to use this character on all media and a price is also offered per pose so you can have your character performing various activities. Separate quotation on request.