1. Exclusive Terms and Conditions
All services provided by Brand Guard (Pty) Ltd to the Customer are governed exclusively by the terms outlined herein, along with any written addenda mutually agreed upon. No other terms, whether stated in purchase orders or any other documentation from the Customer, will be binding unless explicitly agreed upon in writing by Brand Guard (Pty) Ltd.
2. Service Provision
Brand Guard (Pty) Ltd will provide destruction services for the Customer's materials ("Materials") as outlined in each mutually agreed-upon order ("Order"). These services involve destroying Materials using mechanical shredding or other appropriate means ("Destruction Process"). Upon completion, a certificate of destruction will be issued to the Customer. Reasonable prior notice allows the Customer's representative to inspect the Destruction Process, and CCTV footage is available upon request, subject to availability. Service bookings typically require 2-5 days’ advance notice and are subject to availability. Brand Guard (Pty) Ltd will also be responsible for recycling or appropriately disposing of shredded materials unless otherwise arranged with the Customer. The Customer is expected to cooperate fully, including providing timely access to premises and ensuring that goods marked for destruction are ready and accessible upon arrival.
3. Service Fees
The Customer agrees to pay the Service Fee as outlined in each invoice. Additional charges may apply for services performed outside the initial scope of work or if time delays occur due to Customer-induced factors. A rate of R1750 (excluding VAT) per hour will apply after a 15-minute grace period for standing time. Should the Customer cancel a booking within less than 24 hours’ notice, a cancellation fee of R1,250 (excluding VAT) or 20% of the invoice, whichever is higher, will be payable. If the Customer declines shredding services or the premises are closed on the scheduled date, the full invoice amount remains payable.
4. Payment Terms
Payments are due within 30 days of receiving the invoice. Late payments will incur interest in accordance with the Prescribed Rate of Interest Act no.55 of 1975, supplemented by the National Credit Act 34 of 2005 ("NCA"). All payments are to be made in South African Rand, and any applicable taxes, including VAT, will be the Customer’s responsibility.
5. Adjustment of Fees
Brand Guard (Pty) Ltd reserves the right to adjust the Service Fee periodically. This may include surcharges due to fuel costs, environmental factors, or other relevant variables.
6. Default and Termination
In case of material breach by either party, the non-breaching party may suspend obligations or terminate the Order with a written notice of at least 5 days. Upon termination, the Customer is required to settle all outstanding amounts for services already performed. The accrued rights, remedies, obligations, and liabilities of both parties will remain unaffected by termination.
7. Excused Performance
Brand Guard (Pty) Ltd is not responsible for non-performance due to circumstances beyond its reasonable control. If any delay or failure arises from actions or omissions on the Customer’s part, Brand Guard (Pty) Ltd is not liable for resulting costs, charges, or losses.
8. Prohibited Acts
Brand Guard (Pty) Ltd may refuse to perform destruction services if materials are hazardous, including but not limited to flammable, explosive, toxic, or illegal materials. In such cases, the Service Fee remains payable.
9. Limitation of Liability
Brand Guard (Pty) Ltd will not be liable for loss, damage, repair, or restoration of Materials. Liability, if any, is capped at the Service Fee received for the respective Order. Brand Guard (Pty) Ltd will not be held liable for indirect or consequential damages, loss of profits, or revenue.
10. Indemnification
The Customer agrees to indemnify Brand Guard (Pty) Ltd against any damages resulting from breaches of this agreement. Brand Guard (Pty) Ltd reserves the right to recover legal fees, litigation expenses, and collection costs incurred in enforcing these terms.
11. Customer Information and Confidentiality
Brand Guard (Pty) Ltd may use Customer information for marketing and service purposes, sharing it with affiliated companies. Confidential information disclosed during service is protected and will only be shared under certain legal or operational conditions.
12. Notices
Notices between parties may be sent via email to the addresses specified in this Agreement, unless otherwise updated in writing.
13. Miscellaneous
This Agreement, along with any written addenda, constitutes the entire understanding between the parties. Amendments to this Agreement are only valid in writing and signed by both parties. South African law governs this Agreement, with the South Gauteng High Court having jurisdiction over any disputes.