1. Payment Terms

1.1 We require a 70% deposit before the commencement of production of any order. The 30% balance must be paid before delivery.

 

 

2. Quotation Price

2.1 The price to be paid by the customer set out in the quotation is valid for a period of 30 (thirty) days from the quotation date.

2.2. Prices quoted are based on information provided at time of quote. Any changes to measurements or fixing details which may be discovered on delivery will render the quote subject to change.

2.3. All prices are exclusive of duties, customs, safety files and other charges and fees. Lisa Twyman reserves the right to adjust prices until delivery in the event of changes in customs, duties, taxes, currency conditions or other business conditions.

2.4. Prices quoted are exclusive of delivery unless itemised on the quotation, or checked at checkout of the online store.

 

 

3. Production and Lead Time

3.1 Production of any order will only commence on receipt of a deposit payment.

3.2 Production lead times are stated in the item description and vary product to product.

3.3 Lisa Twyman will endeavour to maintain or better our standard lead times on our products, but will not be held liable should any circumstances beyond our control necessitate a change of such lead times.

3.4 Should sizes, design or product requirements change once production has commenced, then we reserve the right to treat the changed item as a new and separate order to be delivered separately from the original order.

3.13 If there are any defects or shortcomings in the delivered products, this shall be notified to Lisa Twyman in writing within 2 days after the delivery date of the products. Lisa Twyman shall not be liable for any defects or shortcomings in quantity in the products whatsoever if purchaser fails to give notice in writing to Lisa Twyman after the expiry of this period.

3.14 A claim from Purchaser shall include a description of the defect and be accompanied by the necessary and relevant documentation, including information on the order number and photos documenting the defect. All claims shall be sent by e-mail to lisa@lisatwyman.com.

3.15 If a delivered product is defective in any material way, Lisa Twyman shall at its sole discretion be obliged to either (i) remedy the defect, (ii) replace the defective product or (iii) terminate the purchase order in respect of the defective product(s) against crediting of the invoiced amount for such defective product(s) to Purchaser. Lisa Twyman shall notify Purchaser of its decision within reasonable time after receiving a claim from Purchaser. Purchaser is not entitled to other remedies in case of defects in the delivered products, and Lisa Twyman shall not be liable for any other direct or indirect losses that the defect may cause.

3.16 Lisa Twyman is only liable for defects which appear under the proper use of the products. Lisa Twyman's liability does not cover defects arising out of or caused by (i) materials provided by Purchaser, (ii) faulty maintenance, incorrect use or incorrect assembly, (iii) alterations or repair performed by Purchaser or (iv) normal wear and tear of the products.

3.17 Apart from defects and warranty claims, Purchaser are in no instances entitled to return purchased products to Lisa Twyman. Should the customer change their mind about a purchase but the product is unflawed or undamaged Lisa Twyman is not obliged to accept the return.

3.18 No custom / special orders will be subject to exchange / return / refund.

3.19 The colour, texture and composition of fabric may vary from that of the swatch or the products displayed on our website due to dye lot variations and upholstery processes.

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4. Returns Procedure

The customer should present the original invoice as proof of purchase for all exchanges and returns. We regret no exchanges, returns or refunds without the original invoice.

4.1 Products should be returned to Lisa Twyman at the customer’s expense within 7 days of collection/delivery.

Any defects noted after delivery should be photographed and reported to lisa@lisatwyman.com

4.2 Once the product has been received and checked by Lisa Twyman, the customers banking details will be verified in order for the refund to be paid into the verified bank account. Allow 5-7 days for the refund to be actioned and a further 2-4 business days for the refund to reflect in the bank account.

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5. Ownership

5.1 Lisa Twyman shall retain ownership of products sold to Purchaser, until payment has been effected in full with the addition of interest and possible costs. Purchaser shall not be entitled to make arrangements that limit Lisa Twyman's retention of ownership.

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6. Guarantee on Workmanship

6.1. Lisa Twyman guarantees that all goods manufactured by it are guaranteed against faulty workmanship and materials for a period of 1 (one) year, unless otherwise specified by a technical specification document from Lisa Twyman. The guarantees are subject to the normal conditions of fair wear and tear.

6.2 Lisa Twyman in no way accepts responsibility for goods that are discontinued and are no longer available to match existing goods. .

6.3 Lisa Twyman shall have no liability or responsibility to the Customer or any other person or entity with respect to any liability, loss or damage caused or alleged to be caused directly or indirectly by Lisa Twyman’s operations, delays or project handovers or service provided by Lisa Twyman, including, but not limited to, any interruption of service, loss of business or anticipatory profits or consequential damages resulting from penalties or use of operation of the product/s. In no event shall Lisa Twyman be liable for loss of profits, or any indirect, special, or consequential damages arising out of any breach of this Agreement or any warranty provided herein.

6.4 Lisa Twyman does not accept liability where damages to its products are caused on site by third party contractors.

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7. Marketing

7.1 All advertisements, catalogues and other printed material containing Lemon’s logo and Lemon’s product descriptions, or pictures may only be used upon and according to prior written agreement with Lemon. Lemon reserves all intellectual property rights to such material and the right at any time to require the return or destruction of such material.

7.2 All our marketing material is subject to errors and omissions.

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8. Force Majeure

8.1 Neither party shall be liable to the other for inability to perform or delay performance in terms of the quotation/contract, should such inability or delay arise from any cause beyond reasonable control of such party, the existence or happening of which cause has been drawn to the attention of the other party within a reasonable time of the occurrence of such cause (hereinafter referred to as a force majeure event).

8.2 For the purposes of this clause a force majeure event shall without limitation of the generality of the aforegoing be deemed to include strikes, lock-outs, labour disputes, accidents, plant and machinery break-downs, fire, explosions, theft, war (whether declared or not), invasion, hostilities, riot, civil insurrection, flood, earthquake, lightening, act of local or national government, martial law, failure or delay on the part of the Lisa Twyman’s suppliers, of services, of bought out raw materials, to meet delivery dates, or failure or delay on the part of the Purchaser or Purchaser's agents or other contractors, to provide Lisa Twyman with free issue materials, specifications, or defect or changes in specifications or any other cause beyond the reasonable control of the party affected.

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9. General Provisions

9.1 This Agreement, including the attached exhibits, constitutes the entire Agreement between both parties concerning this transaction, and replaces all previous communications, representations, understandings, and Agreements, whether verbal or written between the parties to this Agreement or their representatives. No representations or statements of any kind made by either party, which are not expressly stated in this Agreement, shall be binding on such parties.

9.2 No waiver, amendment or modification of any provisions of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom such waiver, amendment or modification is sought to be enforced. Furthermore, no provisions in either party's purchase orders or in any other business forms employed by either party will supersede the terms and conditions of this Agreement.

9.3 Any notice required or permitted by this Agreement shall be deemed given if sent by registered mail, postage prepaid with return receipt requested, addressed to the other party at the address set forth in the preamble of this Agreement or at such other address for which such party gives notice hereunder. Delivery shall be deemed effective three (3) days after deposit with postal authorities.

9.4 Except as expressly set forth within this Agreement, neither party may transfer or assign, directly or indirectly, this Agreement or its rights and obligations hereunder without the express written permission of the other party, not to be unreasonably withheld; provided, however, that both parties shall have the right to assign or otherwise transfer this Agreement to any parent, subsidiary, affiliated entity or pursuant to any merger, consolidation or re-organization, provided that all such assignees and transferees agree in writing to be bound by the terms of this agreement prior to such assignment or transfer. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

9.5 Except as otherwise provided for within this Agreement, neither party may assign any of its rights or delegate any of its obligations under this Agreement to any third party without the express written permission of the other. Any such assignment is deemed null and void.

9.6 Any dispute relating to the interpretation or performance of this Agreement shall be resolved at the request of either party through binding arbitration. Any dispute arising from or in connection with this Agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator or arbitrators appointed by the Foundation.

9.7 If any provisions of this Agreement are held by a court of competent Jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.

9.8 The titles and headings of the various sections and sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.

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