TERMS AND CONDITIONS
- These terms and conditions will govern this contract and any subsequent contract entered into between Highveld Taxidermists (Pty) Limited, it agents, employees or related companies.
- Should you have any queries relating to these terms and conditions, such queries must be addressed in writing to Highveld Taxidermists (Pty) Limited with the contact details provided on the website of Highveld Taxidermists (Pty) Limited.
- Should you place an order with Highveld Taxidermists (Pty) Limited either by delivering trophies to our premises or by paying a deposit for the provision of services you are deemed to accept these terms and conditions and agree to be bound by them.
- You the customer warrant that all trophies and/or skins delivered to Highveld Taxidermists (Pty) Limited for taxidermy services to be rendered, have been legally hunted and that you are in possession of all the relevant permits necessary to be in possession of and to have hunted such trophy or skin.
- Highveld Taxidermists (Pty) Limited reserves the right to ask for production of any permit that it believes may be necessary prior to the commencement to any taxidermy work.
- Highveld Taxidermists (Pty) Limited reserves the right to reject any work should there be no appropriate permit issued in the name of the hunter.
- Highveld Taxidermists (Pty) Limited reserves the right at common law to retain in its possession as security, any trophies or skins delivered to it for taxidermy work until its account has been paid in full.
- Highveld Taxidermists (Pty) Limited accepts no liability, arising out of a contract or delict with a direct consequence for any loss of damages for any trophies or skins due to any reason whatsoever and howsoever arising but including but not limited to fire, theft, forced entry, or ordinary negligence by Highveld Taxidermists (Pty) Limited, its agents, employees or third parties.
- Highveld Taxidermists (Pty) Limited cannot be held responsible for any damage due to bacterial contamination or any other cause being applicable in law. The applicable law that governs this contract between Highveld Taxidermists (Pty) Limited and the customer, shall be South African law in the appropriate court that has jurisdiction in South Africa.
- Highveld Taxidermists (Pty) Limited undertakes to perform its taxidermy services in a reasonably competent manner and undertakes that any goods leaving its premises are of a reasonable standard and should any defect be found in a product that is not caused by an act or omission on the part of the customer and which is not covered by any indemnity and these terms and conditions, then the effected product will be replaced or repaired free of charge at the company’s discretion.
- The replacement of any defective product where such defect is due to the act or omission of the company or its employees it is lawful to replace the product.
- Trophies will only be delivered to a person and/or freight forwarders and/or freight clearing agents when the full cost of shipping has been paid, to the satisfaction of Highveld Taxidermists (Pty) Limited.
- Highveld Taxidermists (Pty) Limited reserves the right to charge an additional fee for curios and items not taxidermed by Highveld Taxidermists (Pty) Limited.
- Highveld Taxidermists (Pty) Limited may at its sole discretion, fumigate any shipment should it be necessary in the sole opinion of Highveld Taxidermists (Pty) Limited.
- All charges for the obtaining of any permit to pack, export, or transport trophies shall be payable by the customer and Highveld Taxidermists (Pty) Limited will arrange for the obtaining of such permits. The fees for such permits will be added to the customer’s account and Highveld Taxidermists (Pty) Limited reserves the right to charge a fee for the obtaining of permits.
- All quoted fees exclude freight costs.
- Highveld Taxidermists (Pty) Limited may at its discretion, pay for the importation of the customer’s trophies in order to expedite the processing of such trophies. In such event all costs relating to such importation will be added to the total quotation to be submitted to the customer.
- A quotation for services to be rendered shall be sent to the customer prior to any work commencing.
- Highveld Taxidermists (Pty) Limited undertakes to use its reasonable and best endeavours of its mandate of these terms and conditions.
- Other than what is specified in these terms and conditions, the customers will have no claim of any nature whatsoever and howsoever arising against Highveld Taxidermists (Pty) Limited and/or its agents, employees and assigns whether in contract or indirect or direct pressure arising out of this contract.
- Highveld Taxidermists (Pty) Limited may at its sole discretion refer any dispute raised by a customer to arbitration.
- In which event, such dispute must be resolved by way of arbitration.
- The parties undertake within fourteen (14) days of notification of such a dispute to resolve the dispute by way of mediation either directly or by appointed representatives.
- In the event that a matter cannot be resolved by mediation then the following rules shall apply to arbitration:
- the arbitration shall be held in Johannesburg;
- the arbitrator shall be:
- if the matter in issue is of primary an accounting basis, a chartered accountant agreed to between the parties or failing such an agreement within a period of 7 (seven) working days after the arbitration has been demanded one appointed by the President for the time being of the Institute of Chartered Accountants;
- if the matters in issue are not primary of an accounting basis, a practising advocate (of not less than 10 (ten) years standing, agreed to between the parties or failing such agreement within a period of 7 (seven) days after the arbitration has been demanded one appointed by the Chairman for the time being of the Johannesburg Bar Council.
- The arbitrator shall have the right if, and to the extent he deems fit, to dispense with the normal rules relating to pleading, discovery of documents and evidence.
- The arbitration shall be conducted as to result in an award being given within 90 (ninety) days after the date on which arbitration is demanded.
- The decision of the arbitrator shall be final and binding on both parties and there shall be no appeal.
- The arbitration shall otherwise be held in accordance with the laws of the Republic of South Africa.
- Nothing contained in this clause shall however prevent any Party from seeking and obtaining relief of an interim or urgent nature in any court of competent jurisdiction.
- These Terms and Conditions shall not be varied or amended in any way unless reduced to writing and signed by both parties.
- Neither Party to these Terms and Conditions shall be entitled to cede or assign in any nature whatsoever and howsoever arising, their rights in terms of these Terms and Conditions without the prior written consent of the other Party.
- In the event that Highveld Taxidermists (Pty) Limited institute action against the customer, Highveld Taxidermists (Pty) Limited shall be entitled to claim legal costs from the customer on the scale as between attorney and client, including tracing costs and collection commission.
- Any provision in these Terms and Condition, which is and/or may become illegal, invalid or unenforceable in any jurisdiction in which these Terms and Conditions operate shall be treated as pro non scripto to the extent of such prohibition or unenforceability will be severely from the balance of these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions.