Understanding Our Terms
All purchases are subject to our Standard Conditions of Sale, all company disclaimers, and conditions as outlined below: –
All goods supplied by the company shall be supplied subject to these terms and conditions only. These terms and conditions shall take precedence and supersede over any terms and conditions which may be contained in the customer’s order, or other customer documentation, and may only be altered with the express prior written agreement of the seller.
Any conflicting statements or special terms contained in any acceptance order or other documentation issued by the customer shall not be effective, unless such conflicting statement or special terms have been expressly agreed to in writing by the company.
No order for any goods shall be binding on the company unless and until the company has accepted such order in writing via issuing a company invoice to the client. The company shall be entitled in its sole discretion to decline any order placed. Each order accepted by the company shall be and constitute a separate contract.
Unless otherwise agreed in writing by the company, the purchase price for the goods together with the costs of delivery of the goods, if applicable, shall be paid by the customer to the company into a bank account to be nominated by the company to the customer in via an official company invoice. Payment of the purchase price for the goods shall be made within 10 (ten) business days from the date on which the customer received an invoice for the goods, without set-off or deduction, and free of exchange. Should the customer be unable to take delivery of the goods, payment shall nevertheless fall due. The terms of payment set out above, shall apply equally to price variation claims.
The seller shall be entitled to charge interest at two percentage points above the ruling prime overdraft rate quoted by FirstRand Bank Limited in respect of any period during which payments are overdue.
The goods may be delivered by rail, road or air as the company may, in its discretion, decide. If the goods are delivered by rail or air, then delivery shall be deemed to have been given to the customer when such goods are handed to the railways or airways authorities – as the case may be. If the goods are delivered by road, then delivery shall be deemed to have been affected when the goods are off loaded at the customer’s premises, provided that when the carrier has been nominated by the customer, delivery shall be deemed to have taken place at the time that the goods are handed to the nominated carrier.
All risk in and to the goods shall pass to the customer upon delivery or handover to any railway, airway or courier. The customer shall be obliged to accept the delivery of the goods at the date specified or requested by the customer in writing in the order of the customer referred to in clause and which has been accepted by the company in terms of clause. Should the customer fail to accept delivery on such date, the risk of loss or damage to the goods together with all and any expenses pursuant thereto, including but not limited to insurance, storage and further delivery charges shall be borne by the customer and paid to the company by the customer on request. When delivery of the goods is spread over a period, each separate delivery thereof shall be invoiced when dispatched. Each statement shall be treated as a separate account and payable in terms of clause. Where there is a shortage in any goods delivered to the customer or where the goods so delivered are delivered in a damaged condition, the customer shall give written notice to the company of such shortage or damage within 5 (five) calendar days of delivery to the customer’s premises.
Should the customer fail to give such notice, the customer shall have no claim in respect of any alleged shortages or damage and the goods shall be deemed to have been delivered in a complete and undamaged state.
The company shall endeavour to deliver the goods at the earliest possible time but in no instance can the company accept liability for any loss or damage arising from the late delivery of the goods and time shall not be of the essence of the contract. No liability shall attach to the company as a result of the failure to deliver if such failure is due to circumstances beyond the company’s control.
It is recorded that delivery dates and customer deadlines shall be regarded as indicative only and whereas the company will do everything possible to keep to such dates, the company cannot be held responsible for any failure to do so. Notwithstanding anything to the contrary in these terms and conditions, but always subject to the provisions of clauses the company shall not accept liability in respect of any failure by it to deliver the goods, or to deliver the goods timeously, and, in any event, the company shall not be liable for any consequential loss, loss of profit, special damages or any indirect loss of the customer.
The company shall not be obliged to accept or act upon any changes, modifications or additions to original customer instructions if such changes, modifications or alterations were given subsequent to the company’s acceptance of the customer’s order. No variations of these terms and conditions or additions hereto shall be of any force or effect unless reduced to writing and signed by both the company and the customer.
The company shall not be liable to the customer for any damages including, but not limited to, consequential loss or loss of profits arising from the performance or non-performance by the company of its obligations in terms of these terms and conditions. This exclusion of liability shall relate to claims for breach of contract as well as for alleged negligence on the part of the company.
The customer further indemnifies the seller against any claims that may be made against the seller by any third party for any damages including, but not limited to, consequential loss or loss of profits arising from the performance or non-performance by the company of its obligations in terms of these terms and conditions or in connection with the use of the goods, whether such claims are in respect of damage to property, consequential loss, personal injury or death.
The customer agrees that the company shall not incur any liability under the Occupational Health & Safety Act No. 85 of 1993. The company shall not be liable for any damage to or subsequent malfunctioning of goods as a result of work done on the goods or services rendered in connection with such goods by any unauthorized third party.
All new quotations issued to the same customer, replaces all previous quotations and is valid for 10 business days but remains subject to change, without notice, at company discretion. Your quote may change at any point in time due to circumstances in or beyond company control such as Material price increases, industry strikes, Force Majeure and other internal or external reasons.
Total quantity of ordered items or printed plate to be collected within 10 business days from notice of company stated collection date; we reserve the right to charge storage fees until such a time that all items are collected. We also reserve the right to hold your goods until such payment is received in full.
All products are subject to our minimum quantities, which must be communicated in writing.
Orders are subject to 10% over- or under-run. We are not responsible & do not accept any liability for the short-delivery of any order, as quantities are calculated by tinplate usage and sometimes counted by weight. Due to these methods, quantities often vary and may be miscalculated. While we always do our best to ensure you receive the full quantity of ordered items, we urge customers to order a total 10% extra of what they require to avoid any issues or mishaps, this is your sole responsibility to do so.
Can It does not accept responsibility or any liability for the performance of any ordered item from a compatibility and safety view-point. An 8-month storage test that has been successfully completed by our Research department will help us determine the packaging method needed and the safety of your product. If required, we would need 110 cans (with your product packaged inside) and payment to submit for research & analysis by our expert research team. Once research has been completed, we will advise you of the results. It is important to note; while our research is 99% accurate and most our products are verified by the International Organization for Standardization (ISO) and the South African Bureau of Standards (SABS) – we still do not issue warranties of any kind. It is the customer’s sole responsibility and liability to ensure the product packaged inside is compatible with its container, gone through the correct preservation processes, is food-grade, safe to use and ready for consumption.
It is agreed that Can It is permitted to hold decorated stocks on your regular movers. In the event of the design being phased out or changing, we require your office to notify us timeously in order to use up and exhaust this existing stock. Can It should not have more than 3 months of your average offtake on hand, at any time, unless larger minimum order quantities apply. We reserve the right to create additional stock of your printed items and to use them once your promotion has ended, the items have been released to the public or until an agreed date – for use in our showroom, portfolio, display or marketing methods. We reserve the right to use your logo on our client list and other company materials. This condition is agreed to and supersedes any other unless both parties enter into a confidentiality or non-disclosure agreement, which stipulates otherwise, before the date of payment for your order.
Artwork, re-production, proofing, machine plates, tooling, set up, delivery and packaging extra @ seller’s rates, non-recurring charge unless otherwise agreed to inside an official company invoice.
Packing; Ex-Works Can It Johannesburg. Most products are boxed or palletized. Unless otherwise agreed to inside an official company invoice; deposits will be charged on all returnable packaging material. Full credit will be passed providing this material is returned and paid and in good condition (normal wear accepted) within 3 months of date of delivery or collection.
We require full payment prior to commencement of production. Payment needs to be made as per the latest invoice received, and all funds to reflect on our account prior to processing of your order. Since we specifically manufacture to order, please note; We offer and consider no refunds, returns, re-production at our cost nor exchanges. It is your sole responsibility to carefully check your Can It quote and invoice before making an order or request of any kind.
By accepting a quotation, providing a purchase order or by paying an invoice you agree to have read and agreed to our terms, all legal disclaimers and company conditions we have established and implemented.
All stock is subject to availability.
You agree to indemnify and hold harmless Can It and its affiliates, shareholders, its respective directors, agents, consultants, employees and any third-party information from and against all claims, losses and expenses (including attorney and own client costs), irrespective of the reasoning or nature behind any such complaint or more specifically; force majeure, non-delivery, breach, safety concerns or resulting from any failure to adhere to Can Its terms and conditions and legal disclaimers.
Clients and their visitors, agents, affiliates, employees or third parties order and use our products at their own risk. Neither the Owners nor their respective Representatives, Workers, Agents or company third-parties are liable for loss or damage to any client, visitor, employee or any person’s property, nor for injury or death of any client, visitor, employee or any person whether such loss or damage to property or death is a result or because of the negligence, absence or actions of the Owners, employees or their representatives or agents or not.
Any persons entering our company premises do so at their own risk and indemnify and hold harmless Can It and its affiliates, shareholders, its respective directors, agents, consultants, employees and any company third party from and against all claims, losses, damage, expenses and death.