PURCHASE ORDER TERMS AND CONDITIONS
ANJA MCPHERSON T/A BOLLEMAKIESIES
1. DEFINITIONS
1.1. “Customer” means a customer of BOLLEMAKIESIES for whom BOLLEMAKIESIES will supply and deliver a Product to.
1.2. “Customer Acceptance” means Customer’s acceptance of the Product pursuant to signature of this Agreement.
1.3. “Product” means the educational tool/s, which BOLLEMAKIESIES will manufacture and deliver to its Customer, as
accepted by the Customer.
1.4. “Purchase Order” means the specific and agreed job description, cost and payment terms and schedule of work of a
Product that will be compiled by BOLLEMAKIESIES on a Purchase Order.
1.5. “Intellectual Property Rights” means all trade secrets, copyrights, trademarks, mask work rights, patents and other
intellectual property rights recognized by the laws of any country.
2. PRICE
2.1. Unless expressly agreed otherwise in writing, all prices exclude transport costs, insurance costs, taxes and other
government levies.
2.2. The purchase price is as stated in BOLLEMAKIESIES most recent price lists and any public published retail prices.
2.3. BOLLEMAKIESIES has the right to change the prices on condition that such changes are notified to the Customer within 3
(three) weeks of conclusion of this agreement.
3. PAYMENT
3.1. Upon confirmation of order by the Customer, 100% (hundred percent) of the purchase price will be payable, within 48 (forty
eight) hours, into the bank account of BOLLEMAKIESIES as specified on the invoice.
3.2. If payment is made in cash by the Customer, additional bank fees will be added onto the purchase price per Purchase
Order.
3.3. If the Customer does not fulfil its payment obligations or does not fulfil these promptly or fulfils these only partially,
BOLLEMAKIESIES is entitled at its own discretion to suspend performance of the agreement and any other agreements
between the parties and / or to terminate each agreement with the Customer in whole or in part, without any obligation to
pay damages to the Customer. In addition, BOLLEMAKIESIES is entitled to resell the product within 3 (three) days after
the Customers failure to make payment and retain all amounts paid by the Customer.
4. RETURN AND REFUND POLICY
4.1. Complaints regarding visible defects in the goods delivered by BOLLEMAKIESIES must be submitted in writing to
BOLLEMAKIESIES within 5 (five) days of delivery.
4.2. Under no circumstances will any complaint referred to in Clause 4.1 give the Customer the right to suspend its obligations
under the agreement.
4.3. If, in the opinion of BOLLEMAKIESIES, a valid complaint has been made regarding product delivered by
BOLLEMAKIESIES and the Customer has been able to supply sufficient proof and in BOLLEMAKIESIES’s opinion a
defect as referred to in Clause 4.1 indeed existed at the time of delivery, BOLLEMAKIESIES will, at its own discretion, (i)
replace the defective product or a part of these free of charge, (ii) repair the defect or the defective part of the product, or
(iii) reimburse the Customer for the purchase price of the defective product, without the Customer being entitled to
damages.
4.4. Products that are subject to complaint in accordance with Clause 4.1 cannot be returned to BOLLEMAKIESIES, unless
BOLLEMAKIESIES has given express advance permission in writing to this effect.
5. DELIVERY
5.1. Delivery will be affected within 7 – 14 working days on receipt of full payment of the purchase price being paid into the bank
account of BOLLEMAKIESIES.
5.2. Periods of delivery are approximate only and do not constitute an absolute deadline under any circumstances. If the
Customer has not yet fulfilled all of its obligations to BOLLEMAKIESIES, BOLLEMAKIESIES is entitled to postpone
delivery. If a delivery period is exceeded because the Customer has not given clear delivery instructions, or due to
circumstances which are not attributable to BOLLEMAKIESIES, the delivery period will be extended accordingly by such
period that the performance of the agreement is delayed or impeded.
5.3. If a delivery period is exceeded, the Customer is not entitled under any circumstances to damages for any direct or indirect
damage, or to termination of the agreement, or to postponement of any of its own obligations under the agreement or
under any other agreement.
5.4. Early or partial deliveries are permitted at all times. The Customer is required to accept a delivery of this sort from
BOLLEMAKIESIES. These general terms and conditions also apply to partial deliveries
5.5. With effect from the moment of delivery, the Customer bears the cost and risk of the Product
6. DISCLAIMER AND EXCLUSION OF LIABILITY
6.1. BOLLEMAKIESIES makes no representations or warranties of any kind, whether express or implied. BOLLEMAKIESIES
or their agents/representatives or employees accept no liability, for any direct, indirect, incidental, special or consequential
loss or damage of any kind whatsoever or howsoever caused arising from the product.
6.2. The Customer hereby indemnifies BOLLEMAKIESIES against any loss or damage suffered or liability incurred by reason
of any act or omission part or that of any third party acting on BOLLEMAKIESIES behalf, in connection with the use of any
product.
6.3. In the event that any clause contained in these term/s is/are invalid or unenforceable, then such clause shall not affect the
validity or enforceability insofar as the remaining clauses of these terms are concerned.
6.4. The Customer is required to take and / or follow all measures and instructions that should be observed regarding use of
the product which will contribute to the durability of the product and the safety of the product and the use of the product.
6.5. The Customer should ensure no BOLLEMAKIESIES product is used without adult supervision.
6.6. BOLLEMAKIESIES will not be held liable for any damage or injury resulting from the use and or unsupervised use
of the Product and warns against the unsupervised use of the Product by children as it contains small objects
which may result in a choking hazard.
7. CANCELLATIONS
If for any reason our Customers would like to cancel an order this may be done by contacting BOLLEMAKIESIES directly prior to the
commencement of manufacturing, failing which the Customer will not be entitled to cancel the order and not be entitled to any refund in
part or in full.
8. INTELLECTUAL PROPERTY RIGHTS
All industrial and intellectual property rights with regard to the products produced, sold and delivered by BOLLEMAKIESIES will remain
the property of BOLLEMAKIESIES and will accrue exclusively to BOLLEMAKIESIES. Such rights include patent rights, trademark rights,
copyrights, design rights, know-how, the right to a trade name, database rights, and exclusive licensing rights. The delivery of goods
originating from BOLLEMAKIESIES cannot be considered as an explicit or implicit license to use, publish, reproduce or exploit the
intellectual and industrial property rights, or release them to third parties, unless written permission has been obtained to this effect from
BOLLEMAKIESIES.
9. FORCE MAJEURE
Non-performance of either party will be excused to the extent that performance is rendered impossible or delayed by strike, fire, flood,
governmental acts or orders or restrictions or other similar reason where failure to perform is beyond the control of and not caused by the
negligence of the non-performing party (“Force Majeure”), provided that the non-performing party gives prompt notice of such conditions
to the other party and makes all reasonable efforts to perform
Please note all orders can take up to 7 days Dismiss