Manufacturing Agreement & Terms and Conditions (South Africa)

1. Agreement

This document constitutes a legally binding agreement between Georgie’s Inflatables (“the Supplier”) and the Customer. By accepting a quotation and/or making payment, the Customer agrees to these Terms and Conditions in full.

2. Payment Terms (Non-Negotiable)

• A minimum 50% non-refundable deposit is required to secure and commence manufacturing.
• The balance must be paid in full prior to delivery or collection.
• No product will be released without full and cleared payment.
• Georgie’s Inflatables reserves the right to charge interest on overdue amounts in terms of the National Credit Act, where applicable.
  • In terms of the National Credit Act, charging of interest is limited to 24% per annum (2% per month) on overdue amounts, which are levied on overdue amounts
  • Should you proceed with instituting legal action regarding these charges and late payments, 20 business days must follow after the first late charge is levied.
  • Thereafter, a letter of demand must be sent out wherein which the defaulting party has 10 business days to remedy such overdue amounts.
  • Lastly, after said notice has been given, you can proceed with instituting a summons.

3. Pricing & Quotations

• All quotations are valid for 14 days only.
• Prices may change due to material cost increases, exchange rates, or supplier adjustments.
• Any additional work requested by the Customer will be quoted separately and charged accordingly.

4. Manufacturing & Delivery Timeframes

• Estimated completion: 7–28 working days from receipt of payment.
• Timeframes are estimates only and not guaranteed.
• Georgie’s Inflatables shall not be liable for delays caused by:
  • Material shortages
  • Load shedding or power outages
  • Supplier delays
  • Labour disruptions
  • Weather conditions

5. Delivery, Risk & Ownership

• Delivery is for the Customer’s account, unless agreed otherwise in writing.
• Risk transfers to the Customer upon delivery or collection.
• Ownership of goods remains with Georgie’s Inflatables until full payment is received.
• The Supplier reserves the right to withhold or repossess goods in case of non-payment.

6. Design Approval (Important Legal Protection)

• The Customer must approve all designs in writing before production.
• Once approved, the Customer accepts full responsibility for design accuracy, including spelling, logos, and layout.
• No liability will be accepted for approved errors.

7. Cancellations & Refunds (CPA-Aligned)

• Deposits are non-refundable once production has commenced, as items are custom-made.
• Refunds will only be considered if the Supplier fails to deliver within 60 working days, without valid cause.
• Any approved refund will be:
  • Subject to reasonable administrative and material costs, in line with the Consumer Protection Act (CPA)
  • Paid on the first working day of the following month

8. Returns & CPA Compliance

In terms of the Consumer Protection Act (CPA):

• Customers are entitled to goods that are of good quality, free of defects, and fit for purpose.
• Defective goods must be reported within 6 months, however:
  • Georgie’s Inflatables reserves the right to repair, replace, or refund, at its discretion
• The CPA does not apply to damage caused by misuse, negligence, or normal wear and tear

9. Warranty (Limited)

• A -1 Year limited warranty applies to manufacturing defects only.
• This excludes:
  • Misuse or abuse
  • Commercial overuse beyond intended capacity
  • Weather damage (wind, rain, sun)
  • Improper anchoring or setup

10. Indemnity & Limitation of Liability (CRITICAL)

• The Customer indemnifies and holds harmless Georgie’s Inflatables from:
  • Any injury, death, or loss arising from use of the product
  • Any third-party claims
• The Customer accepts full responsibility for:
  • Safe setup
  • Proper anchoring
  • Adult supervision at all times
• Georgie’s Inflatables shall not be liable for indirect or consequential damages, including:
  • Loss of income
  • Business interruption
  • Event cancellations

11. Usage Responsibility

• The Customer agrees to use the inflatable strictly in accordance with safety guidelines.
• The Supplier is not responsible for damages caused by:
  • Overloading
  • Improper use
  • Failure to supervise children

12. Inspection & Acceptance

• The Customer must inspect goods upon delivery/collection.
• Any issues must be reported within 24 hours.
• Failure to do so constitutes acceptance of goods in good condition.

13. Force Majeure

Georgie’s Inflatables shall not be liable for failure or delay due to events beyond reasonable control, including:

• Natural disasters
• Load shedding
• Strikes
• Transport disruptions
• Supplier failures

14. Breach of Contract

• If the Customer fails to make payment or breaches any terms:
  • The Supplier may cancel the order
  • Retain the deposit
  • Claim damages or legal costs
• Legal costs will be on an attorney and own client scale.

15. Legal Costs

In the event of legal action, the Customer agrees to be liable for:

• Attorney and client legal costs
• Collection fees
• Any additional costs incurred in recovering outstanding amounts

16. Jurisdiction

This agreement is governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the relevant South African courts.

The Supplier and Client hereby consent in terms of Section 45 of the Magistrates’ Courts Act No. 32 of 1994, as amended, to the jurisdiction of the Magistrates Court in respect of any action or proceedings arising out of this transaction.

17. Entire Agreement

This document constitutes the full agreement between the parties. No verbal agreements shall be binding unless confirmed in writing.

18. Acceptance

By making payment, the Customer confirms that they:

• Have read and understood these Terms & Conditions
• Agree to be legally bound by them

The writer hereof seeks clarity on whether these terms and conditions are signed by the client or sent along with the quotation/invoice.

In terms hereof, the writer hereof would suggest that same be sent by the clients or formally acknowledge and accept, in writing, these terms and conditions.