TERMS AND CONDITIONS OF SALE FOR BUSINESS AND PRIVATE ORDERS
These terms and conditions of sale shall apply to all Orders placed by the Purchaser. The Purchaser acknowledges that these terms and conditions govern all orders placed by it at any time and from time as such constitute a binding agreement between the Purchaser and Tayla & Team (Pty) Ltd or its assigns (Tayla Sportswear) upon acceptance of an order by Tayla Sportswear
Order(s) the request made by the Purchaser or its agent to Tayla & Team for the sale and delivery of certain Sportswear garments to the Purchaser, the details of which are contained either on the reverse side hereof or on any document requesting the supply of such garments, including additional, supplementary, and repeat orders. Purchaser: the party placing an order with Tayla or on whose behalf such order is placed and who is identified as such on the reverse side hereof. Tayla & Team(Pty) Limited, Reg. No. 2011/139864/07 of Unit 2, 2 Grey Street, Woodstock, Cape Town or its assigns.
This document contains the entire agreement between the parties relating to the Orders and no party shall be bound by any undertaking, representation, warranty, promise or the like not recorded herein. No amendment of this agreement will constitute a novation of any of the terms of this agreement unless reduced to writing and signed by the Purchaser and Tayla. This agreement and all matters relating hereto shall be dealt with in accordance with the laws of South Africa.
The prices reflected in the Tayla & Team Price List, are applicable to all Orders, completed, signed and received by Tayla on or before the validity date as reflected in the Price List. Notwithstanding the above provision, Tayla & Team may, in its sole discretion and without notice to the Purchaser, alter the prices and validity dated without incurring any obligation prior to acceptance of an Order. The prices exclude the costs of the delivery of the garments to the customers designated delivery address.
The Purchaser hereby consents to Tayla on its assigns or verifying any application forced by it made by the Purchaser to Tayla or for any of the purposes contemplated by the National Credit Act, 34 of 2006 or the regulations made in terms of such Act.
The Purchaser shall pay for the garments in full, before they are despatched from Tayla, as agreed between Tayla and the purchaser in respect of each specific order. Should the Purchaser fail to pay Tayla for the garments, Tayla may suspend the delivery of further orders until all sums which are due have been paid. Should the Purchaser cancel an Order, Tayla may charge the Purchaser a cancellation fee not exceeding 50% of the Purchase Price. The Purchaser shall not be entitled to attach any condition whatsoever to any payment made to Tayla, including the condition that any payment is made and tendered in full and final settlement. If the Purchaser attaches any such condition, Tayla will be entitled to accept payment on account and to exercise its rights in terms hereof as if no such condition had been attached.
OWNERSHIP AND DELIVERY
Ownership of the garments ordered by the Purchaser shall remain vested in Tayla and shall not pass to the Purchaser until Tayla receives payment for the garments in full. While Tayla shall use its best endeavours to adhere to any specified delivery date, it shall not be bound by such date and accepts no responsibility for any loss, expense, and/or any other damages of whatsoever nature that may result from any delay in delivery.
All garments displayed in the Tayla & Team catalogue are subject to availability. Tayla shall be released from the obligation to deliver any particular items of the Order if, for any good reason, it is unable to supply and deliver same to the Purchaser. In such event, Tayla shall not be liable for any loss of profit or damages, direct or indirect, consequential or otherwise that the Purchaser may suffer. Such release shall in no way affect or detract from the Purchaser’s obligation to pay for the remainder of the items reflected in the Order that are supplied and delivered to the Purchaser.
Notwithstanding the reservations of ownership as set out above, all risk in and to the garments shall pass to the Purchaser upon delivery.
The sizes and lengths of the garments, as more fully reflected and specified in the catalogue, constitute the only sizes and lengths that are manufactured as part of the Tayla & Team Collection and accordingly, exceptions will not be made should such sizes or lengths not match the requirements of the Purchaser. Notwithstanding the above provision, should any particular garment be of an inappropriate size or length, Tayla may agree to alternative arrangements that may meet the Purchaser’s requirements. Tayla shall have the right, without notice and from time to time, to withdraw, modify, or alter the styles, fabrics and colours of any of its styles without incurring any liability.
In as much as each garment is delivered with detailed care instructions attached to it, Tayla shall not be responsible for any damage that may be caused to the garments due to incorrect laundering or general poor care.
Should the Purchaser breach any of the terms of this agreement or fail to make payment on due date of any monies owing by it to Tayla, Tayla may, without prejudice to any other rights which it may have in law, cancel the agreement without any prior notice to the Purchaser and claim any damages it may have suffered as a result of such breach, or claim payment of all monies which are owing to it. The Purchaser will be liable for all expenses incurred by Tayla in exercising any rights arising out of a breach of the Purchaser’s obligation or failure to pay any monies due by it, including legal charges as between attorney and own client, collection charges and tracing fees.
WHOLE CAUSE OF ACTION
The parties agree that a valid agreement shall only be concluded once the order / signed agreement is received by Tayla at its place of business, namely Unit 2, 2 Grey Street in the Cape Town Court’s jurisdiction. The parties further agree that payment to Tayla must be made into our Investec bank account in South Africa and it shall only be deemed to be paid once payment is reflected in the bank account of Tayla.
Should the signatory hereto be a representative of the Purchaser, the signatory warrants that he/she is the duly authorised signatory of the Purchaser and that he/she may bind the Purchaser. The signatory by his/her signature hereby binds himself/herself as surety and co-principal debtor in solidum with the Purchaser to and in favour of Tayla for payment of all sums of money which may at any time be owing by the Purchaser to Tayla in terms of any Order and which sums shall include all interest and any other charges that the Purchaser is liable to pay to Tayla.
Should Tayla be unable to perform any of its obligations as a result of forces beyond its control from any cause whatsoever, Tayla shall be entitled, at its option, to cancel this agreement or to suspend performance of its obligations hereunder and shall not be liable for any loss or damage, consequential or otherwise resulting from such cancellation or suspension.
The Purchaser chooses as its domicilium citandi et executandi for all purposes hereunder, the physical address given by the Purchaser on any Order form. The Purchaser consents and submits to the jurisdiction of the Magistrates Court in respect of all actions or proceedings arising out of this agreement, notwithstanding that the amount of such claim may exceed the jurisdiction of such court. Tayla shall however not be precluded from instituting any action against the Purchaser in the High Court of South Africa. Tayla will be entitled to verify the information contained in the Order and generally to make whatever enquiries it deems necessary. A certificate signed by any manager of Tayla (whose appointment need not be proved) as to the amount due and payable by the Purchaser to Tayla in respect of capital, interest and/or any other amount, and as to any details of any purchase or Order, will be prima facie proof of the correctness of the contents thereof and shall be sufficient for the purposes of enabling Tayla to obtain summary judgment or provisional sentence against the Purchaser or the signatory. No amendment, variation, addition, alteration or consensual cancellation of an Order or any term of this agreement by the Purchaser shall be of any force of effect unless recorded in writing and signed and agreed to by Tayla. No Waiver of any of the terms and conditions of this agreement will be binding, for any purpose, unless reduced to writing and signed by such party. Any such Waiver will only relate to that specific Waiver and be for no other purpose.
Company Orders & Private Orders
For South African based companies:
After manufacturing, full payment is to be made before Tayla & Team can despatch your order. For orders over a certain value, a 50% deposit is payable on placing the order, and 50% is payable after manufacturing, before Tayla & Team can despatch your order. For NON South African based companies: 50% deposit is payable on placing the order, and 50% is payable after manufacturing, before Tayla & Team can despatch your order. Courier costs are separate to the cost of the garments and will be due to the customer.
Delivery can be expected within 2-4 weeks of the date of order confirmation, unless otherwise advised. Tayla & Team cannot, however, be held responsible for delivery delays brought about by unforeseen circumstances beyond our control. For example: Delays in fabric delivery, strikes, etc. Customers shall not be entitled to cancel such order on the basis of late delivery.
We are committed to ensure that the styles, fabrics and colours presented in this catalogue will continue to be available as shown. However, as we continuously develop and update our ranges, we do reserve the right to withdraw / replace existing fabrics, styles, colours and designs. All garments are made to order. As a result, please note that variations in colour may occur due to differences in fabric batches from different deliveries.
Provided that you follow the garment care instructions on the label inside each Tayla & Team garment, and purchase sufficient garments to avoid excess wear of any one piece, your Tayla & Team wardrobe should provide lasting satisfaction. We cannot accept responsibility for damage caused by mishandling or failure to follow garment care instructions provided. See specific garment care instructions on page 8.
Our garments are manufactured to international size standards. Please ensure that you measure yourself properly and order the correct sizes from your measurements. We do not make garments to individual measurements and therefore cannot carry out any alterations.
Should there be a factory fault, the goods must be returned to us within 21 days. We will assess the claim and if it is found to be valid, the item will be repaired or replaced as soon as possible, free of charge.
Important Notice: We reserve the right to accept or decline any specific order submitted against this catalogue. Circumstances in or beyond our control may result in the withdrawal or substitution of any colour, fabric, style or size. Although we do try to reproduce colours in this catalogue as accurately as possible, variations can occur due to printing.