Terms & Conditions

1. Interpretation

• “The COMPANY” refers to Makoki Procurement (Pty) Ltd trading as Makoki Procurement
• “The CUSTOMER” encompasses companies, close corporations, partnerships, trusts, proprietors, or individuals utilizing The COMPANY’s services.
• “The signatory” is the person representing the CUSTOMER by signing on their behalf.
• Any reference to singular includes plural and vice versa.
• Natural persons encompass juristic persons and vice versa.
• “The Law” denotes the relevant legislation at the Signature Date and any subsequent amendments or reenactments.
• The terms “shall,” “will,” and “must” have equivalent meanings regarding obligations or restrictions on a Party.
• Clause headings in this Agreement are for convenience and do not affect interpretation.
• Words and expressions defined in sub-clauses hold the same meaning within the clause.
• Provisions in definitions conferring rights or imposing obligations are enforceable as substantive clauses.
• Periods mentioned in the Agreement exclude the first day and include the last day unless the last day falls on a non-Business Day, in which case it extends to the next Business Day.
• If a due date falls on a non-Business Day, the obligation must be fulfilled on the next Business Day.
• Obligations to be performed on a particular day should be completed by 17:00 local time at the specified location.
• This Agreement is governed by and enforced in accordance with South African Laws.
• No provision of this Agreement benefits a third party unless otherwise stated.
• The rule that interprets the Agreement against the drafting Party does not apply.
• Expressions relevant to South African Law processes include equivalents under other jurisdictions if applicable.

2. Consent to Terms and Conditions

• By accepting the COMPANY’s quotation, the CUSTOMER agrees to the COMPANY’s terms and conditions sent with the quotation. CUSTOMER terms and conditions are null and void.
• Payments confirm acceptance of the Quote / Sales Order / Invoice, and changes must be communicated via email.
• If no alterations are received, the order proceeds as stated, and the COMPANY is not responsible for incorrect products ordered.

3. Terms of Payment

• The COMPANY does not offer credit.
• Payments are to be made in cash, including VAT and delivery or via the COMPANY’s website via Payfast or Paystack.
• All shipments require cleared funds in the COMPANY’s account.
• No goods will be ordered from 3^rd parties prior to funds reflecting in the COMPANY’s bank accounts.
• Only Electronic Funds Transfer (EFT) payments are accepted for goods not ordered via the online store

4. Delivery

• The final price on checkout includes South African VAT, and shipment fees for orders within South Africa.
• All export orders are excluded from South African VAT, the destination countries taxes are calculated at checkout, the checkout amount includes freight and freight forwarding fees. These costs are covered by the “Customs and Documentation” surcharge for each destination country.
• If the destination country is not covered on our standard checkouts, there will be no “Customs and Documentation” surcharge, for these countries, freight and shipping will be quoted separately.
• There are no duties to SADC countries on most goods, if there are additional duties, these are to be paid by the CUSTOMER, the same applies to any certification for specific products to different countries.
• All large items, such as appliances will be quoted separately to the CUSTOMER for freight.
• All orders will be shipped via road transport, where sea or air is required, a separate quote will made for the chosen mode of transport.
• All goods will be covered by the courier’s standard liability cover, these costs are covered by the “Customs and Documentation” surcharge and will be calculated on checkout.
• The COMPANY reserves to right to use any courier at their own discretion.
• Where the CUSTOMER is in a remote location without a suitable delivery address, we will deliver to our agent in the nearest town where the goods will have to be collected by the customer or an appointed agent. This remains at the COMPANY’s discretion.
• Lead times are estimates and subject to external factors.
• After work completion, the CUSTOMER has five (5) working days to report defects in writing; otherwise, the work is considered accepted.
• Returned items are accepted if notified as required and unused, with a 10% handling fee.
• The COMPANY aims for timely delivery, subject to stock availability and payment.
• All products will be despatched within 5 to 14 business days of payment cleared in the COMPANY’s account or custom goods are completed by the supplier.
• In the event a product is purchased and is then out of stock, the COMPANY will inform the CUSTOMER of this, and then by agreement from the CUSTOMER either refund, offer alternatives or keep the product on backorder till its arrival.
• The CUSTOMER may by agreement collect the ordered product from the COMPANY when they are ready. All risks will be transferred to the CUSTOMER on collection and the COMPANY will have no liability for short deliveries or goods damaged in transit.
• Custom goods are subject to supplier lead times.
• Returns/exchanges are not accepted for specific items due to hygiene or customization.
• Guarantees are only applicable in the Republic of South Africa

5. Linen & Towels

• Colored linen/towels are non-returnable.
• White linen/towels may be returned if unused, with a 15% handling fee.
• Custom linen orders require 10-15 business days.

6. Embroidered Slippers / Bathrobes

• No returns accepted for custom selections.
• Custom embroidered slippers and bathrobes are non-returnable.
• COMPANY is not liable for embroidery machine downtime or damages to items supplied by the Client.

7. Artwork

• All artwork must be approved by the CUSTOMER before production.

8. Stainless Steel Products

• The COMPANY does not guarantee rust-free stainless steel products.

9. Wooden Products

• Lead time for wooden products is weather-dependent and is approximately 10 – 14 business days.
• Varnish color on wooden products may vary in batches.

10. Load Shedding

• The COMPANY is not responsible for downtime due to load shedding.

11. Custom Orders (Not Stock Items)

• All custom orders/manufactured goods to be approved by CUSTOMER prior to manufacturing.
• All goods that are modified or manufactured are non-refundable or returnable.

12. Limitation of Liability

• CUSTOMER claims for damages are limited to the pro rata invoiced cost of allegedly defective workmanship.
• COMPANY’s aggregate liability is capped at the invoiced cost, excluding consequential loss or damages.

13. Undertaking as a Co-Principal Debtor by the Signatory

• The signatory waives legal defences and understands the implications.
• The signatory represents the CUSTOMER and binds as a co-principal debtor for CUSTOMER’s obligations.

14. Revision of Terms and Conditions

• The COMPANY may revise terms and conditions without notice, and acceptance is implied by continued service use.

15. General

• Variations or amendments require written agreement.
• Defective terms do not affect others.
• Address for notices is specified on the signed Quotation.