Definitions and Interpretation
In these Terms, unless the context otherwise requires: “Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa; “Customer” means any legal entity or person engaging with the Company; “Goods” means all products supplied; “Services” means all manufacturing, printing, logistics coordination, and related services; “Proof Approval” means written or electronic confirmation approving artwork; “Force Majeure Event” means events beyond reasonable control; “Confidential Information” includes all proprietary and commercial information; “Intellectual Property Rights” includes all trademarks, copyrights, patents, and know-how.
Acceptance and Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior negotiations, discussions, and representations. No oral statements or representations shall be binding unless reduced to writing and signed by an authorised representative of Cups-n-Things (Pty) Ltd.
Website Use and Access
The Website is provided on an “as is” and “as available” basis. The Company makes no warranties regarding uptime, availability, uninterrupted access, or error-free functionality. Users may not interfere with the website, attempt unauthorised access, or transmit harmful code.
Quotations
All quotations are invitations to do business only and do not constitute binding offers. Quotations are subject to stock availability, raw material availability, manufacturing capacity, MOQ requirements, validity periods, and correction of clerical or typographical errors.
Orders and Acceptance
Orders shall only be binding upon written acceptance by the Company. The Company reserves the right to reject, cancel, or partially fulfil orders. Orders may not be cancelled once production planning, raw material allocation, or manufacturing has commenced.
Pricing and Payment
Prices are subject to change without notice due to increases in raw material costs, exchange rate fluctuations, transport costs, labour costs, or changes in specifications. Late payments may incur interest at the maximum lawful rate and all legal and collection costs on the attorney-and-client scale.
Retention of Title
Ownership of all Goods shall remain vested in Cups-n-Things (Pty) Ltd until full and cleared payment is received. The Company reserves the right to repossess unpaid Goods and trace proceeds derived from resale.
Delivery, Dispatch and Risk
Delivery dates are estimates only and not guaranteed. Risk passes upon delivery, collection, or handover to a third-party carrier. Failed delivery attempts may incur additional charges.
Manufacturing and Product Tolerances
Products may vary within commercially acceptable tolerances in size, capacity, print alignment, colour, material thickness, and finish. Such variations shall not constitute defects.
Custom Printing and Artwork Approval
Customers warrant that all submitted artwork and materials are lawful and do not infringe third-party rights. Approval of proofs constitutes final approval and waives claims for approved errors.
Intellectual Property
All intellectual property belonging to Cups-n-Things (Pty) Ltd remains its exclusive property. No rights are transferred except where expressly agreed in writing.
Customer Warranties and Product Suitability
The Customer warrants that Goods are suitable for their intended application and assumes responsibility for compliance with food-contact, labelling, and other applicable regulations.
Inspection, Returns and Claims
Customers must inspect Goods immediately upon receipt. Patent defects must be reported within the specified timeframe, and latent defects promptly upon discovery. No returns shall be accepted without authorisation.
Warranty Disclaimer
Except as required by law, all warranties are excluded. No implied warranties of merchantability, fitness for purpose, or non-infringement shall apply.
Limitation of Liability
The Company shall not be liable for indirect, incidental, consequential, or special damages, including loss of profits, reputational harm, or business interruption. Liability shall be capped at the value of the affected order.
Indemnities
The Customer indemnifies the Company against all losses, claims, damages, and liabilities arising from submitted artwork, misuse, unlawful use, resale misuse, or regulatory non-compliance.
Confidentiality
Customers shall keep all confidential pricing, processes, and commercial terms strictly confidential.
Privacy and POPIA Compliance
Personal information shall be processed in accordance with applicable South African law, including POPIA, and the Company’s Privacy Policy.
Force Majeure
The Company shall not be liable for delays or failures caused by events beyond reasonable control including strikes, load shedding, natural disasters, riots, government restrictions, or supply chain disruptions.
Dispute Resolution and Governing Law
These Terms shall be governed by the laws of South Africa. The Company may elect litigation or arbitration and seek urgent interdictory relief where necessary.
Electronic Communications and Signatures
Electronic communications, emails, and approvals shall be deemed valid and binding. Electronic signatures and approvals shall constitute legally binding acceptance.
Assignment and Cession
The Customer may not cede or assign rights without written consent. The Company may cede or subcontract obligations.
Severability
If any provision is invalid or unenforceable, the remaining provisions shall remain in full force.
Waiver
Failure to enforce any provision shall not constitute a waiver.
Survival
Clauses intended to survive termination shall remain enforceable after termination.
Amendments
The Company may amend these Terms at any time by publication on the Website or written notice.
Notices
All notices shall be sent to the last known contact details or registered addresses of the parties.
Contact Information
Email: info@cupsandthings.co.za
Phone: +27 (73) 207-1837
Address: 10 Quartz Dr, Kya Sands Business Park, Randburg, 2163, South Africa
