1.1 “Customer” means the party placing the order with Bulls Eye Taxidermy 1.2 “Bulls Eye” means Bulls Eye Taxidermy 1.2 “the work” means the work which the customer requires Bulls Eye to perform in accordance with the afore said order 2. The order will only be deemed to have been accepted by Bulls Eye once a duly authorized representative of Bulls Eye has approved such order. 3. Bulls Eye will not be obligated to commence with any of the work until the deposit as stated on the order has been paid in full. In the event of the customer cancelling the order for whatever reason, Bulls Eye shall be entitled to retain the full deposit and the customer shall have no claim against Bulls Eye for the repayment of such deposit or any other portion thereof. Notwithstanding the aforesaid provision Bulls Eye shall under no circumstance be obligated to accept any purported cancellation of the order by the customer 4. The full balance of all amounts due to Bulls Eye in respect of the work performed by Bulls Eye shall immediately become due and payable upon completion of the work. All arrear amount owing to Bulls Eye by the customer shall bear interest at the rate of 2.5% per month. 5. The entire risk in respect of all goods delivered by the customer to Bulls Eye shall at all times remain vested in the customer and it is specially agreed that Bulls Eye will not in any manner whatsoever be liable for any loss of or damages caused to such goods as a result of fire, theft, riots, adverse weather conditions, bacterial or other contaminates or any other cause whatsoever. The customer hereby irrevocably indemnifies Bulls Eye against any direct or indirect damages which the customer may suffer as a result of any loss or damage caused to such goods. 6. In the event of Bulls Eye being unable, for any reason whatsoever to perform the work, Bulls Eye shall be entitled to notify the customer accordingly. In any such event the customer shall not have any claim of any nature whatsoever against Bulls Eye. 7. In the event of the customer failing to make payment of any outstanding amount owing to Bulls Eye in respect of the work within 60 (sixty) days after having been called upon by Bulls Eye in writing to make such a payment, Bulls Eye shall be entitled to sell such goods in order to cover the outstanding amount owing to Bulls Eye, for this purpose, the customer hereby irrevocably authorizes Bulls Eye to sell the goods to defray expenses incurred by Bulls Eye. 8. Unless the customer notifies Bulls Eye in writing of any defect or shortcoming in the work performed by Bulls Eye within 7 (seven) days from the date on which the customer takes delivery of the goods, it shall be deemed that Bulls Eye has performed the work in a proper manner and to the satisfaction of the customer. 9. Bulls Eye shall not be liable for any damages of whatsoever nature in the event of Bulls Eye not completing the work within any specific period of time. As regards the completion of the work and delivery of the goods to the customer, it is specifically agreed that the time shall not be of the essence. 10. In the event of Bulls Eye instituting legal action or incurring any legal costs as a result of the customers’ failure to make payment of any amount owing to Bulls Eye or any other breach of these terms and conditions the customer shall be liable to pay Bulls Eye on demand all legal cost as between attorney and client incurred by Bulls Eye. 11. For the purpose of the delivery of any notice legal process arising directly or indirectly from this agreement the customer hereby choose the address as stated on the order as his/its domicilum citandi et executandi. 12. No indulgence or latitude granted by Bulls Eye in favor of the customer shall in any manner prejudice Bulls Eye rights in terms herent or be deemed to be waiver or notation of any sort. 13. This document includes the order sent electronically and constitutes the whole of the agreement between the parties and no other terms, warranties or representation shall be of any force or effort. It is specifically agreed that Bulls Eye does not give any guarantee or warrantee in respect of the work, unless such guarantee or warrantee is recorded in a written document signed by or behalf of both parties. 14. No amendment, alteration of variation of these terms and conditions, including the order set forth on the side hereof shall be of any force or effect unless the same is recorded in a written document of both parties. 15. All prices are inclusive of 14% Vat. 16. The customer hereby acknowledges that he/she has in their possession all the necessary documentation and/or permits which they will freely present upon request. |