Terms and Conditions

3@1 Franchising (pty) ltd and 3@1 SEA POINT TERMS & CONDITIONS

3at1 Franchising (Pty) Ltd together with its Franchisee 3@1 SEA POINT t/a 3@1 SEA POINT (hereinafter collectively referred to as “3@1”) are committed to meeting their customers’ requirements in respect of the services and products offered, in compliance with the Consumer Protection Act No 68 of 2008.

These Terms and Conditions of use (“T&C’s) apply to all 3@1 website and social media pages, including its online trading site/s, the background technology, trademarks and logos associated therewith, and all ancillary intellectual property, hereinafter collectively referred to as the “3@1 Content”.

 

BY ACCESSING AND USING THE 3@1 SITE, YOU AGREE TO THESE T&C’s.

IF YOU DO NOT AGREE, DO NOT USE THIS SITE

 

Any reference to 3@1 shall include 3@1 Franchising (Pty) Ltd, its Franchisee: 3@1 SEA POINT, including their employees, representatives, agents, service providers and/or related entities.

Any reference to “you”, “your”, “user/s” shall means the individual or entity accessing and using this site, in whatever capacity.

3@1 reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C’s, at any time. It is your responsibility to check these T&C’s, from time-to-time, for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. Provided you comply with these T&C’s, 3@1 grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs trademarks, logos, sounds, artwork and computer code (hereinafter collectively referred to as “content”), including but not limited to the design, structure, selection,, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled and/or licensed to 3@1, and is protected by trademarks and copyright laws, together with other intellectual property rights in terms of both South African Statute and Common Laws.

Except where expressly permitted, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without 3@1’s express prior written consent.

You may use the information which has been specifically made available by 3@1, provided that you:

  1. you only use the information provided in order to transact with 3@1;
  2. in respect of information that may be downloaded, you only use such downloaded information for your personal, non-commercial informational purpose;
  3. do not copy or post such information on any networked computer or broadcast it in any media;
  4. make no modifications to any such information;
  5. do not make any additional representations or warranties relating to such documents; and
  6. acknowledge and honour 3@1’s copyright in respect of any such downloaded information.

This site and the contents herein are provided as a convenience to you. The contents are provided on “as is” and “as available” basis. 3@1 does not warrant that its Web pages will be uninterrupted or error-free. 3@1 reserves the right to revise the pages or withdraw access to them at any time.

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. 3@1 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF 3@1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF 3@1 WOULD, IN SUCH CASE, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3@1 may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site’s rules of use before using such site. You also agree that 3@1 has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-3@1 site does not imply that 3@1 endorses the site or the products or services referenced in such third party site.

By submitting material to any of our servers, for example, by e-mail or via the 3@1 online portal or social media pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) you own the material or have the unlimited right to provide it to us and 3@1 may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

3@1 does not and cannot review the content posted by users on its site and is not responsible for such content. 3@1 may at any time at its discretion remove any content posted by users.

Access obtained to selected segments of the 3@1 Website by means of a Username and Password combination may attract additional terms and conditions, to which the party concerned agrees to on subscribing to the 3@1 Website or on requesting the Username and Password combination.

Please contact 3@1 should you have any questions, comments or recommendations. Thank you.

 

PRIVACY POLICY

You may have provided certain of your personal information to 3@1, either in person, electronically or via the 3@1 website or social media pages, for the purpose of transacting with, entering, acquiring information or in any other manner engaging with 3at1. For the purposes of this Policy, reference to 3@1 shall include all current and legitimate 3@1 Franchisees.

All personal information provided by you to 3@1 shall be protected in terms of this Privacy Policy, and shall only be collected, stored and used for the purposes for which it is provided, and shall not in any other manner be provided, sold or distributed to any third party in contravention of any prevailing laws governing the protection of personal information, including but not limited to the Protection of Personal Information Act, No 4 of 2013.

This Privacy Policy applies in general to the business conducted by 3@1 either from franchised business premises or electronically or via the 3@1 website located at url: www.3at1.co.za, or any other url operated by a 3@1 franchisee:

•            By using the 3@1 website or any other electronic transmissions, you acknowledge and agree that internet and/or electronic transmissions are never completely private or secure. You understand that any message or information you send to the website or to 3@1 may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted, notwithstanding the reasonable precautions implemented by 3@1;

•            You warrant that you are authorised to provide the personal information to 3@1, and that you have the legal capacity to do so, and are over the age of 18, failing which your parents/guardians, as the case may be, have consented to the submission of your personal information, and further that the personal information has been provided for legitimate and legal purposes;

•            All personal information necessary to be provided to 3@1 for the purpose of transacting with or via 3@1 shall be maintained in the strictest confidence, and will not be disseminated, sold or otherwise distributed to any third party, with the exception of providing certain requisite reporting in accordance with specific legitimate legislative requirements, or as set out here below. 3@1’s Standard Terms and Conditions of Trading shall be further applicable to the transaction in respect of which the personal information is provided, and you are specifically referred thereto.

•            In those instances where 3@1 utilises the services of third parties to provide products or services to you, 3@1 may be required to share certain of your personal information with these third parties. 3@1 shall limit the information provided, ensuring that they will only disclose that information specifically necessary for the purposes of performing the function that is required to such third party service/product supplier, whose particular Privacy Policies and/or Terms and Conditions may also be applicable to you, and to which you are specifically referred.

•            3@1 shall only retain your personal information for so long as required in order to achieve the purpose for which it was provided and/or for so long as it may be required to provide proof of the service provided, and shall thereafter either de-identify or destroy the personal information in a manner so that it will no longer be accessible by any unauthorised third party.

•            3@1 may use the personal information you have provided for the purpose of conducting the required transaction, contacting you, whether by way of mail, electronic mail, SMS or telephonic contact, for transactional, security, communication or marketing purposes, but shall only do so where you have agreed that we may do so.

•            3@1 shall always endeavour to only provide you with information that will be of interest to you.

•            3at1 shall always provide you with the option to terminate, and/or unsubscribe from, all such further contact by 3at1.

ONLINE TRADING

3@1 have developed an Online Trading facility, offered and managed by its approved Franchisee, 3@1 SEA POINT.

3@1’s General Terms and Conditions of Sale, which constitute the sole agreement between you and 3@1, and in terms of which all online trading is conducted, are set out below. If you have any queries, concerns or complaints, or if there are any terms which are not understood please request an explanation thereof, and direct your concerns, queries or complaints to:

 

3@1 SEA POINT

Telephone number: 021-001 0374

Email Address: phil.seapoint@3at1.co.za

Address for Service: 156 MAIN RD, SEA POINT, which address 3@1 chooses as their address for service in respect of any notices or processes arising out of these terms and conditions.

 

GENERAL TERMS AND CONDITIONS OF SALE

1.          Quotations: 

1.1        Shall be valid for:

1.1.1   7 days from the date of the quotation, or

1.1.2   in respect of promotional offers, for the duration of the promotional period.

1.1.3   whereafter they shall automatically lapse.

1.2        3@1 reserves the right to discontinue promotional offers at their total discretion and without prior notice.

1.3        It is your responsibility to ensure the correctness of all information on the quotation including but not limited to the item quoted, quantity required, and any other specific requirement in respect of the items.

2.          Agreement of Sale:

2.1     Any order placed via the 3@1 online trading website, including in respect of Print Orders, shall constitute a binding Agreement of Sale (the “Order”) between yourself and 3@1, and payment thereof shall be in terms of clause 3 below.

2.2     In respect of any Order, whether in the form of an online order, Print Order or quotation, by submitting your Order electronically, via the 3@1 online trading system, your Order shall:

2.1.1   confirm the correctness of the items ordered in all respects, and

2.1.2   conclude a firm agreement of sale in respect thereof, and

2.1.3   consent to these Terms and Conditions of Sale, which shall become immediately binding.

3.          Terms of Payment:

3.1        All Orders placed via the 3@1 online trading system shall be paid in full ,via the associated payment portal, and which shall be subject to these terms and conditions.

3.2        Payments shall only be accepted as made when the amount paid reflects in 3@1’s bank account.

3.3        All payments shall be made by way of credit card, debit card payments, Electronic Funds Transfer or by direct deposit into 3@1’s designated bank account.

3.4        In the event of cash deposits, 3@1 reserves the right to charge you the relevant bank fees charged by the Bank.

3.5        No Order shall be processed unless payment in full has been received.

3.6        Cheque payments shall only be considered to have been paid once the funds have been cleared and appear in 3@1’s bank account, which may take up to 10 working days.

4.          Delivery Date:

4.1        The lead-time for the delivery of the Order shall be confirmed by 3@1 upon receipt of the Order and payment, and 3@1 shall endeavour to deliver on or before the agreed date.

4.2        In the event that, due to circumstances beyond the control of 3@1, including but not limited to instances of power interruptions, strikes, riots, lock-outs, civil unrest and natural disasters, 3@1 is not able to meet the agreed delivery date, you shall be contacted and an alternative delivery date agreed.

4.3        You shall not be entitled to cancel this agreement due to the failure of 3@1 to deliver by the agreed delivery date, provided that 3@1 shall deliver within a reasonable time thereafter.

4.4        You shall be notified of the “Confirmed Delivery Date” as soon as all ordered items are available to be delivered.

5.          No Return, No Exchange and No Refund Policy in respect of Print Orders or Bespoke Orders:

5.1        You acknowledge that in respect of all printing or photo-copying orders (“Print Orders”) or orders for unique, branded items or items sourced, printed or labelled according to your instructions (“Bespoke Orders”), are orders for products/services to meet your specific and unique requirements.

5.2        Accordingly no Print Order or Bespoke Order shall be accepted back for return, exchange or refund, unless in terms of a warranty claim, as set out in Clause 11 below.

5.3        It is your responsibility to ensure, before finalising the Print Order or Bespoke Order, that you:

5.3.1   understand and accept the terms applicable thereto as set out below,;

5.3.2   have proofed the artwork to be used in respect of any Print Order or Bespoke Order;

5.3.3   have determined that the bespoke items being ordered meet your specific requirements.

6.          Delivery Terms:

6.1        All delivery shall be charged for at the rate agreed to on the online trading system, or as may be otherwise agreed to between 3@1 and yourself in writing thereafter;

6.2        No delivery of the items shall be made until such time as all amounts due to 3@1 shall have been paid, including the cost of the Order and the delivery.

6.3        All deliveries shall be made by 3@1’s nominated Couriers during their normal operating hours, and subject to the terms and conditions thereof, as set out below. Any delivery required outside of normal working hours may attract an additional charge, for which you are liable.

6.4        All deliveries shall be made by prior arrangement with you. In the event that delivery cannot be effected on arranged date due to your non-availability, you shall be liable for an additional delivery fee for any subsequent delivery.

6.5        You, or person taking delivery of the items on behalf of the Client, shall be required to sign a Proof of Delivery Note (“PoD”), and unless it is indicated to the contrary on the PoD, the Client acknowledges that the items have been delivered and received in good condition and in accordance with your specific requirements.

6.6        It is your responsibility to inspect the items on delivery.

7.          Collection:

7.1        In the event that you elect to collect the Order when it is completed, the Order shall only be released for collection upon receipt all amounts due to 3@1.

7.2        You, or person collecting the items on your behalf, shall be required to produce the original Order and proof of payment on collection.

7.3        You, or person collecting the items on your behalf, shall be required to sign a Proof of Delivery Note (“PoD”), and unless it is indicated to the contrary on the PoD, you acknowledge that the Order has been collected and received in good condition and in accordance with your specific requirements.

7.4        All risk in and to the items shall pass to you once they are collected, and 3@1 shall not be liable for any damage that may occur after the items have been collected and accepted by you or your Agent.

8.          Condition of Goods:

8.1        3@1 warrant that the characteristics and capabilities of the items will be substantially the same as advertised or displayed, shall be fit for purpose and accord with your approved proofs and specific requirements, subject to the disclaimers in respect of Print Orders as set out below, but make no other warranties or representations in respect of the items.

8.2        3@1 shall not be liable for any damage to the items, following their delivery/collection arising from the wear and tear, moving, negligence, mishandling, disassembling or alteration of the items.

8.3        You acknowledge  and understand that all printed material and/or photo copies, may, by their very nature, vary in respect of their final colour, under or over print quantities and/or cutting or folding, and subject to the terms as set out in respect of Print Orders below, 3@1 cannot warrant the uniformity of quantity, size, folding and/or colour thereof.

9.          Storage:

All items shall be stored for a maximum period of 14 days from the Confirmed Delivery Date at no cost, until delivery/collection of the items is arranged with the Client, whereafter the Client may be charged a reasonable monthly storage fee (depending on the size and storage requirements) or the Order destroyed.

10.       Cancellation:

10.1     Any Print Order or Bespoke Order shall constitute “special order goods”, as provided for in section 23(3)(b) of the Consumer Protection Act, and accordingly, you shall not be entitled to cancel any Print Order or Bespoke Order. 3@1 shall only entertain a request to cancel any such order in the event that the order has not been placed into production, and on the basis that you shall be responsible for any costs incurred in respect of the Order up to the point of cancellation, in full.

10.2     In respect of any other Order, only in the event that 3@1 is in breach of any of their material obligations to you in terms hereof, shall you be entitled to cancel the order, which shall be communicated in writing, and which maybe subject to 3@1’s right to charge a cancellation fee in the amount of up to 25% of the total value of the order including VAT, which the Client acknowledges and accepts may be a reasonable charge in the circumstances.

10.3     Any refund due to you following the deduction of the cancellation fee from the payment received may take the form of a store credit to be used for other purchases, or if a refund is to be made,  may take up to 21 days for 3@1 to process payment of after approval.

11.       Warranties:

11.1     Subject to the disclaimers as set out below in respect of Bespoke Orders or Print Orders, in respect of colour, cutting and folding, over or under quantities in respect of large print runs, and other disclaimers set out below, 3@1 shall honour the warranty on any item as set out below, subject to the following:

11.1.1       the defect must have existed in the product at the time of delivery and manifested during the relevant warranty period;

11.1.2       the defect did not arise due to normal wear and tear, or the misuse, abuse or neglect of the item;

11.1.3       the disclaimer in respect of the natural characteristics of all natural products used in the manufacture of the items;

11.1.4       the item has only been used for the purpose for which it was intended;

11.1.5       the care and maintenance instructions provided with the items have been complied with;

11.1.6       the Client has not altered or modified the items.

11.2     Save to warrant that all items supplied and delivered by 3@1 to you against an Order are fit for their intended purpose, 3@1 makes no general warrants in respect of any items, and to the extent that any further warranty does apply to any product, it shall be specifically stated by 3@1.

 

Bespoke Orders and PRINT orders - SPECIFIC TERMS AND CONDITIONS

The General Terms and Conditions of Sale as set out above shall be applicable to all Bespoke Orders and Print Orders, which are further subject to the following specific policies, terms and conditions:

12.       General

·     3@1’s shall be entitled to change these terms and conditions at their own discretion, without prior notification.

·     3@1 shall endeavour to deliver the best quality printing and photo-copying, the quality and formatting thereof is however dependent on the source from which the document is to be printed as provided by you.

·     Any unsatisfactory and/or short delivered printing or photo-copying orders (“Print Orders”) should be reported within 14 days of receiving them. Please contact the 3@1 franchisee, whose contact details are set out above,

·     for assistance as soon as you receive your order should you have a query or complaint.

·     3@1 will provide a reprint on any defective Print Orders, and free expedited reprint on any Print Orders lost in transit, particularly in respect of those Print Orders which are faulty or not as described

·     Determination of a defect is at the sole discretion of 3@1. 3@1 may request that you either submit digital photos documenting the printing defect and/or ship the defective products back to 3@1.

·     The Consumer/Customer acknowledges and agrees that, due to the inherent nature of the printing process, 3@1 cannot guarantee that:

o  The Print Order will be an exact match in colour to the original;

o  where the Print Order is produced using full colour printing (also known as process colour or CMYK printing) that all or any Pantone Colours (also known spot colours) will be accurately reproduced;

o  there won’t be minor deviation in colour between (including but not limited to):

§  colour proofs and the finished Print Orders;

§  two or more Print Orders;

§  current and previous Print Orders;

§  the single sheets of one Print Order;

o  there won’t be minor deviations in cutting or folding from folded/unfolded finished formats up to:

§  2mm for all brochures and books;

§  2% for advertising products; or

§  1mm for all other products;

13.       Color Accuracy

·     3@1 shall endeavour to reproduce the colour from submitted print-ready files as closely as possible, but cannot exactly match color and density due to the inherent limitations with the printing process.

·     Any Print Order shall only be placed and accepted on the basis that you agree to the aforementioned caution, and accept that 3@1 does not provide any guarantee in respect of colour accuracy.

·     No reprints shall be done without charge to you where colour variations have occurred due to the submitted artwork not having been accurately and correctly converted to CMYK.

14.       Letterheads, Deskpads and Notepads

3@1 recommend that colours with high colour density be avoided in printing these types of products, which colours include dark colours such as solid blacks, purples, blues, browns, greens etc. 3@1 provide no guarantees in respect Print Orders that run against this recommendation.

15.       Stickers And Roll Labels

Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.

16.       Over Print And Under Print Policy

3@1 make no guarantees that, in large print runs of Print Orders, every order delivered will be the exact number of items ordered. 3@1 provide a guarantee that the print run will be plus or minus 10% of the number of items ordered. In the event of a proven under run, 3@1 shall provide a store credit for the variance.

17.       Artwork Files

·     3@1 shall conduct a check on all artwork submitted before printing, but you remain fully responsible for the accuracy of the print-ready artwork files. Please proofread all files before submitting to 3@1.

·     3@1 accept no responsibility in respect of the orientation or alignment of the pages of the submitted artwork.

·     In the event that 3@1 design or prepare the artwork to meet your requirements, you are liable to check and sign-off the artwork, prior to it being submitted for printing.

·     By submitting the artwork to 3@1, you warrant that you have the right to use the image(s) in your artwork files, and indemnify 3@1 against any claims arising out of a trademark or copyright or any other intellectual property right infringement in respect of the material to be printed.

·     3@1 take every precaution to safeguard your materials, however 3@1 do not accept responsibility for any loss or damage to any images or artwork, howsoever arising, and you are advised to ensure that you retain a back-up copy of any artwork submitted to 3@1.

·     You agree that you shall not upload any artwork files consisting of any offensive or inappropriate material, including but not limited to material that may:

·     be offensive;

·     be indecent or improper;

·     contain any images of inappropriate nudity;

·     give rise to any civil or criminal liability under applicable law;

·     infringe rights of privacy, publicity, copyright or other intellectual property rights without the permission of the owner thereof and/or the persons who are shown in the material if applicable.

·     3@1 may refuse to accept any Print Order containing any material for any lawfully justifiable reasons, including but not limited to the aforegoing.

·     You accept full legal liability for the content of material processed and printed on your behalf and under your instructions in terms of your Print Order.

·     3@1 reserves the right to refuse an order without disclosing a reason.

18.       Retention and Storage

·     3@1 may, at its sole discretion, determine the period (beyond the guarantee period of 14 days from date of delivery of the finished Print Order/Bespoke Order to you), for which it shall retain any material (of whatever nature) submitted in respect thereof, following which it shall be entitled to permanently delete the material.

·     3@1 shall not responsible for the deletion or failure to store any such material for any further period.

·     3@1 reserves the right to delete any material stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

19.       Proofs

·     If requested, an online proof shall be made available for your review, prior to proceeding with the Print Order.  

·     Print orders with proof requests shall not be sent to print without your written approval, unless the proof approval is explicitly waived. It is your responsibility to log in to your account and check on your proof. 3@1 shall not be liable for any delays in finalizing the order caused by your non-approval of the proof.

·     An online proof is not an accurate colour reproduction of the final printed piece, but does provide you with the opportunity to check the layout, bleeds and crops.

·     Checking the accurate colour reproduction (including any colour correction between RGB to CMYK), as well any transparency and/or overprint issues shall require your attendance at the 3@1 store to approve a hard copy proof in person, and this must be specified on your order when submitting the Print Order to 3@1.

·     You should carefully and thoroughly review and check the proof against the original, particularly in respect of orientation, layout, copy, spacing, punctuation and image placing thereof, prior to your written approval, for which you are fully responsible.

·     Neither 3@1 nor any of its employees or agents may finally approve any proof on your behalf, and any such instruction from you to them to do so shall constitute a complete indemnification of both 3@1 and their employees and/or agents against any defects in the Print Order, for which you will remain fully liable.

·     Plotter proofs show reasonable likeness to the final printed pieces and are suitable or color-critical Print Orders and must be specifically requested when the Print Order is submitted, which will incur an additional charge and may extend the period within which the Print Order may be completed. The plotter proofs are printed on a substrate different from the actual paper stock to be used for the Print Order, but may be relied for proofing the colour proof, however variations may occur depending on the finish selected for the final print job.

 

COURIER SERVICES

3@1 offer Courier Services for the shipment of documents and goods (hereinafter referred to collectively as “goods”),  via various Courier Services with whom 3@1 has entered into specific arrangements, both in respect of domestic and international shipments, available from time-to time, and hereinafter generally referred to as the “Courier”, which Courier Services are specifically subject to the following specific terms & conditions:

20.       No Variation Of Conditions

The shipment of the goods shall be subject to the conditions stated herein. Should the Customer purport to attach any conditions which vary, amend or are in conflict with the conditions set out herein, then, the conditions set forth herein shall prevail and be of full force and effect unless accepted by 3@1 and/or the Courier in writing.

21.       Courier Charges

·     The remuneration payable to 3@1 by you in respect of the Courier charges shall be in accordance with the standard tariffs calculated on: the chargeable weight of the goods and/or the destination of the goods and/or the service level selected by the Customer for the shipment of the goods;

·     The 3@1 standard tariffs are subject to review by it without prior notice to you;

·     You shall be liable for any duty, tax, fine or other outlay of whatsoever nature levied by authorities at any port or place in connection with the goods;

·     3@1 shall be entitled to make an additional charge to cover any expenses arising from the taking out or obtaining of any necessary licences or permits;

·     3@1 shall be entitled to recover from the you or Consignee any additional charges incurred, due to circumstances outside of its control including but not limited to natural disasters, strikes, lock-outs, civil unrest and other such occurrences necessitating a change in the routing of the Courier of the goods;

·     Payment shall be made:

o  by the Customer, who does not hold an account with 3@1– in full, upon receipt of goods and signature of the waybill;

o  by the Customer, who holds an approved account – in strict accordance with the applicable trading terms thereof;

o  by the Consignee – goods shall only be accepted for courier where the Consignee holds an approved account with the 3@1, which account is in good standing, and where the Consignee has provided its written authorisation for it’s account to be used for the shipment of the goods;

o  no cash on delivery consignments will be accepted by the 3@1;

·     Notwithstanding the above, you shall remain liable to 3@1 for all charges and lawful expenses incurred in providing the courier service, should such charges/expenses not be recovered from the Consignee, or in the event that the Consignee fails to pay the related charges for any reason whatsoever.

22.       Payment Of Courier Charges

·     Payment shall be effected in cash, credit card or electronic funds transfer into the 3@1 nominated bank account or via the payment portal on the 3@1 online trading system;

·     3@1 shall be entitled to appropriate all payments made by you towards the payment of any debt/obligation of whatsoever nature, owing by you to it, irrespective of when or how such debt arose;

·     Interest will accrue on all payments not made on due date at the rate of 2% per month from the due date for payment to the date on which payment is effected;

·     You shall not be entitled to raise any claim, dispute or counter-claim as a reason for deferring payment and may not withhold any payment or set-off any claim or counter-claim which you may wish to raise against the amount charged by 3@1 for the shipment of the goods.

23.       Lien

·     As security for all monies owing, 3@1 shall have a lien over all goods and all repayments, refunds, claims or recoveries in its possession or control; and/or shall be entitled to hold all goods as security for any monies owing to it by you; and/or may at any time, at its sole discretion, retain possession of any goods pending the discharge of all your indebtedness to 3@1, howsoever arising. In the event that it retains possession of the goods in terms hereof, it shall be entitled to store the goods at such place as it deems fit, at your expense; and it shall not be liable for any loss, damage or deterioration of such goods while in storage

·     If any monies owing to 3@1 are not paid within 30 days after they are due, then it shall be entitled to open and examine the goods and/or to sell the whole or any part of the goods, and/or to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by you to 3@1, provided that any surplus shall be paid over to you immediately after the sale, or upon demand made by you, within 90 days of the sale;

·     3@1’s rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.

24.       Your Obligations, Warranties And Indemnities

·     You are bound by and warrant, in favour of 3@1, which is hereby indemnified and held harmless in respect of any expenses, claims, fines, damages arising from the shipment of the goods, in respect of the accuracy of the Consignee’s name, details, address for delivery, descriptions, values and other particulars furnished to it by you; and/or that the courier of the goods will not violate or infringe any Act, regulation or Law; and/or  that the goods are your sole property, alternatively, that you are authorised by the owner, to enter into the agreement for the shipment of the goods.

·     The goods shall be carried at your sole risk, and you hereby exempts 3@1 from, and indemnify it against, all liability of whatsoever nature arising directly or indirectly from handling of the goods, including but not limited to any liability for direct and/or consequential loss or damages arising from the loss of the goods and/or damage to the goods and/or the failure to collect or deliver the goods timeously, adequately or at all or from or to the correct address and/or from any other cause arising, whether from breach of contract or negligence on the part of 3@1, its servants, agents, employees or otherwise.

·     You are required to ensure that you have communicated any special conditions, instructions or requirements for the shipment of the goods, including delivery and/or storage instructions, time sensitive documents etc clearly and legibly in writing on the waybill. No other instruction, whether verbal or written, shall be accepted as binding.

25.       Limit of 3@1’s liability

·     In the event that you suffer any damage or loss which is directly attributable to any act or omission by 3@1, it may, at its sole discretion, re-imburse you the tariff and related charges and costs charged by  3@1 to you in respect of the shipment of the goods;

·     Any limited liability of 3@1, as set out above, shall terminate on the delivery of the goods to the Consignee.

26.       Condition Of Goods

The onus of proving the quantity, type, physical properties, composition and/or condition of the goods and/or the condition of any container thereof, at the time of receipt thereof by 3@1 shall strictly at all times remain with you. The parties agree that it is the presumption that the condition of the goods at the time of delivery to the Consignee is the same as at the time that 3@1 received the goods from the Customer.

27.       Conditions Of Courier

You are advised to request and read the Courier’s specific Terms and Conditions of Carriage, which may be available on request from the 3@1 or directly from the Courier’s own website,  including in respect of the special conditions relating to dangerous, perishable, high value and/or fragile goods, the details of which are summarised below, but which do not constitute a full and detailed summary, and thus which include but are not limited to:

·     The goods to be shipped are accepted by the Courier in apparent good order (except as noted);

·     You accept these T&C’s and those specific to the Courier (available on request), each of which shall be deemed to be incorporated herein, as if specifically set-out herein, and shall be deemed to be a condition of any agreement between you, 3@1 and the Courier, whether written, oral or implied. The invalidity of any part of those or these T&C’s shall not affect the remainder thereof or hereof, which shall continue to remain in force;

·     The Courier shall only carry goods which you are entitled to ship, and you hereby warrant that you are authorised to accept and do accept the applicable T&C’s, including those of the Courier, and you indemnify the Courier against any damages costs or expenses resulting from any breach of this warranty;

·     The Courier shall not be liable for any loss, damage, missed delivery or non-delivery not caused by its own negligence, of whatever nature or extent;

·     Whilst the Courier shall endeavour by their best efforts to provide an expeditious service and delivery in accordance with their regular delivery schedules, the Courier shall not be liable for any loss or damages arising from any delay in pick-up, transportation or delivery irrespective of the cause of the delay;

·     Any damages shall be limited to the cost of the service provided. Should you require additional insurance in respect of the value of the contents of the package to be shipped, this may be arranged directly with the Courier, at the appropriate cost, and the insurance shall be covered in terms of the specific terms and conditions applied by the insurer, which shall be made available on request. Consequential damages and loss or damage resulting from delays in transportation shall not be covered by such insurance cover;

·     The Courier shall not be liable for any duties, taxes or charges applied in respect of the shipment, and shall not be under any obligation to incur any such expense or make any advance payments in respect thereof in connection with the shipment, and you guarantee the payment of all such charges, advances or expenses;

·     The Courier shall have a lien on the goods for all freight charges, customs duties, advances or charges of any kind arising out of the shipment, and shall be lawfully entitled to refuse to surrender possession of the goods until all such charges are paid.

·     Any damages or non-delivery must be reported in writing to the Courier within 14 (fourteen) days from the date that the goods are consigned to the Courier for transportation, which shall be dealt with in terms of the Courier’s standard terms and conditions of carriage (which are available on request).

·     The Courier will not accept any hazardous, combustible or explosive materials, precious metals or stones in any form, negotiable securities, negotiable instruments, currency, cheques, livestock or plants or any other perishable commodity for shipment, and in the event that any such goods are consigned to the Courier, you hereby indemnify the Courier for all claims, damages and expenses arising in connection therewith, and the Courier shall have the exclusive right to deal with such goods as it sees fit, including the right to abandon or destroy the goods. The Courier may, at its discretion inspect, scan and/or open any parcel consigned to it should it have any concerns in this regard.

·     Except as otherwise specifically provided for in the contract, delivery of the goods shall only be made to the consignee named on the face of the shipping documentation.

·     The Courier shall not be bound to any particular route or routes or particular schedule, which it is authorised hereby to select and/or to deviate from at its discretion.

·     The Courier warrants that all due and ordinary care shall be taken in the shipment of the goods, in order to protect their integrity and ensure safe transportation of the goods.

·     The Courier shall carry the goods subject to all applicable laws, customs and other government regulations that may be applicable thereto, and shall furnish any documents related thereto that may be necessary to comply with such laws or regulations.