Standard Terms & Conditions for rewards and or Perks offered of Goods
In this document the following words shall have the following meanings:
“Backer” means the organisation or person who receives rewards in the form of goods in return for a pledge
“Goods” means the articles and or service to be supplied to the Backer by the campaign owner;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Campaign owner” means Last warrior Standing (Pty) LTD t/a Last Boxer Standing , with address here 22 Spin Street, Parow, Western Cape, South Africa 7500.
These Terms and Conditions shall apply to sales of Goods by the Campaign owner to the Backer to the exclusion of all other terms and conditions referred to, offered or relied on by the Backer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Backer, unless the Backer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Campaign owner in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Campaign owner.
Pledge and Payment
The pledge shall be the selected Pledge options, unless otherwise agreed in writing between the parties. The pledge is inclusive of VAT but exclusive of any other applicable costs stipulated i.e. shipping cost.
If payment of the pledge or any part thereof is not made by the due date, the Campaign owner shall be entitled to:
- require payment in advance of delivery in relation to any Goods not previously delivered;
- refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Backer for non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute delivery by description. For the avoidance of doubt, the Backer hereby affirms that it does not in any way rely on any description when entering into the pledge.
Where a sample of the Goods is shown to and inspected by the Backer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Backer on, or as close as possible to the date expected by the Backer. The Backer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Campaign owner is unable to deliver the Goods because of actions or circumstances under the control of the Backer, then the Campaign owner shall be entitled to place the Goods in storage until such times as delivery may be effected and the Backer shall be liable for any expense associated with such storage.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Campaign owner within 14 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Backer upon receipt of the goods. Where the Backer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to the backer or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Backer until the Campaign owner has been paid in full for the Goods.
LIMITATION OF LIABILITY
The Campaign owner shall not be liable for any all loss or damage suffered by the Backer in excess of the contract pledge.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Campaign owner for death or personal injury as a result of the Campaign owner’s negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Campaign owner, and the Backer shall do all that is reasonably necessary to ensure that such rights vest in the Campaign owner by the execution of appropriate instruments or the making of agreements with third parties.
The Campaign owner shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Campaign owner shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Campaign owner considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.