Custom Printing Terms & Conditions
The Cape Art Company and any prospective Artists or Designers enter into an arrangement for custom printed products under the following terms:
- The Designer will give printable art to The Company in the following formats:
JPEG DESIGNER files that are pre-sized for each chosen product according to the bleed/print sizes supplied on the price list
- COPYRIGHT: The Designer reserves the copyright in terms of the Copyright Act 98 of 1978 to all art created by The Designer and sent to The Company, including all reproduction rights. The Designer will stipulate, in writing, should they choose to withdraw their designs from reproduction or supply.
- The Designer gives The Company and their designers permission to design their art to fit the chosen mediums in terms of sizing. Any changes to the design due to the sizing will be approved by The Designer first. Designer fees will be charged at The Company’s discretion for artwork received that is not sized correctly.
- SET-UP FEES: Initial set-up fees will be charged according to standards for the set-up of the first print files. For every new design added, set-up fees will be charged accordingly. Designs can be removed from a portfolio at any time, but should the templates be influenced, set-up fees will be charged.
- The Designer will approve printed products of any new design prior to it going into production to ensure that color variations are picked up prior to processing orders.
- PRICING: The Designer must work out their own price ranges.
- SHIPMENT: The Company encourages Designers to make use of their own courier services to collect and deliver stock, at their own cost. In the case where this is not a possibility, The Company will ensure safe delivery/shipment of the products with a courier of our choice and insurance of the products during such shipment. The Designer will be invoiced for any courier cost incurred by The Company to deliver their goods. Wholesalers can also collect their stock at The Company’s premises.
- QA: The Company will adhere to a quality assurance system to guarantee excellent quality home décor products being supplied to our customers.
- Due to the nature of sublimation and UV printing, there is a 5-7% incidence of rejects/misprints in some print-runs. These products will be redistributed to our factory shop outlet to recover our raw material cost. These products will not be redistributed to Wholesale customers. The Company will remove all labelling on such products, and no referral to the designer will be visible on the product.
- Should you not agree to give us permission to re-distribute any defective printing to our factory shop, you will have to agree to pay for any defective products at no more than 50% of the wholesale price that you can then re-distribute at your own discretion. Prices will be determined according to the raw material cost of the products we use to print on.
- The Designer will return defective/unsatisfactory products to The Company within 7 working days from receipt of such products in the exact condition they received it. Any writing, marking or damaging on the products will nullify The Designer’s claim for defect and The Designer will be invoiced for such returned products. The Company will investigate and replace reasonable claims at their cost.
- All effort will be made to accommodate any specific printing/design requests from The Designer, if it is reasonable and achievable and ensures that the common goal of supplying quality products to the public is adhered to.
- The Designer indemnifies The Company against any third-party claims for infringement of copyright and warrant that all products given to The Company are original work done by The Designer.
- In the case of the use of stock-photography, The Designer will make sure and can be asked for proof of extended licenses bought on such stock. The Company shall not be held liable for legal issues about this since the copyright lies with The Designer. Any legality arising in this regard, will be referred to The Designer directly, and printing of products with the involved design would stop at once.
- The Company will work on an ex-works payment system. This implies that any custom-design print work requires a deposit of 50% upon placement of an order, prior to the order being executed. A pro-forma invoice will be sent after placement of such order. The invoiced amount must be settled prior to the completed products being shipped from The Company. Proof of Payment should be e-mailed prior to collecting or shipping of such products. All payments to be done via EFT or our card facilities on the premises.
- Any terms requests can be discussed with The Company’s representative and will at this stage only be considered under certain circumstances.
LOSS/DAMAGE OF SHIPPED PRODUCTS
- The Company is not liable for any loss/damages incurred by the courier companies used. The Designer is responsible for claiming for such loss/damage from the courier company themselves. Only if The Company use their own courier company will they implement their own claim, and will The Designer receive a credit note or replacement stock for the lost/damaged stock.
Exclusivity in terms of supply, products or design themes cannot be guaranteed, but The Company will inform The Designer if any of their work overlaps that of another designer/artist that we supply.