Scope of Application

1.1. These Terms and Conditions apply to all contracts, deliveries, and other services provided by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

1.2. Deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed to in writing.

Conclusion of Contract and Ordering Process

2.1. Our offers are non-binding and subject to change. By ordering, the customer makes a binding offer to conclude a contract.

2.2. The contract is concluded only upon our written order confirmation or by the execution of the delivery or service.

2.3. A 70% deposit is required to start any order; the 30% balance is due before or on collection or installation. Jobs are scheduled and production starts only once funds clear in our bank account.

Prices, Payment Terms and Debt Collection

3.1. All prices are subject to 15% VAT where applicable. Quotations are valid for 30 days and are based on print-ready artwork; additional edits are billed hourly.

3.2. All goods remain the property of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA until paid in full.

3.3. In the event of non-payment, the Customer agrees to pay all legal costs incurred by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA on an Attorney and Own Client scale, including collection commission and interest.

Lead Times, Rush Fees and Force Majeure

4.1. Standard lead times are estimates and start only once artwork is approved and funds clear. It is the customer’s responsibility to confirm specific deadlines in writing prior to payment.

4.2. Rush fees apply to all urgent orders where the customer requires a timeline faster than our standard production schedule.

4.3. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall not be held liable for production or delivery delays caused by circumstances beyond our control, including but not limited to power outages, load shedding, machine failure, or raw material shortages.

Content of the Order and Proof Requirements

5.1. The customer is 100% responsible for final proofing. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA will not be held liable, nor will refunds be issued, for errors including spelling, color, or layout present in the customer-approved proof.

5.2. The Customer warrants that they own the copyright or have obtained all necessary licenses for any artwork supplied. The Customer indemnifies MARSH COMMERCIAL CC T/A 24ʰʳMEDIA against any third-party claims arising from copyright infringement.

5.3. Slight color variations inherent in the digital and wide-format printing process do not constitute a defect. We do not guarantee 100% Pantone matching unless specifically agreed upon in writing.

Rights of Revocation and Exclusions to Revocation

6.1. Right of revocation for goods not manufactured according to customer specifications: You have the right to revoke this contract within 14 days without giving reasons, provided production has not commenced. To exercise your right, you must inform MARSH COMMERCIAL CC T/A 24ʰʳMEDIA, Unit 1, Atlas Gardens, 40 Sycamore Cres, Cape Farms, Cape Town, 7550, South Africa via clear email.

6.2. Consequences of revocation: If you revoke this contract before production or material preparation has commenced, we shall refund payments received less a 10% administration fee to cover non-refundable banking charges and administrative labor.

6.3. Approved refunds are processed via EFT only within one calendar month (30 days) of the cancellation approval.

6.4. Special Note: Your right of revocation expires immediately once we start the execution of the contract including material preparation, artwork setup, or printing. Once custom-manufactured goods have entered the production phase, no refunds or cancellations will be accepted.

6.5. Exclusions: The right of revocation shall not exist for the supply of goods which are not prefabricated and the production of which is determined by an individual choice or decision of the consumer or which are clearly tailored to the personal needs of the consumer.

Quality, Inspection, and Suitability of Purpose

7.1. The customer must inspect all goods upon collection or delivery. Signing the delivery note or taking possession of the goods constitutes final acceptance of the quality, quantity, and specifications.

7.2. Approval of a prototype or sample by the Customer constitutes acceptance of the product’s design, material strength, and suitability. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is not liable if the final product is subsequently subjected to loads or conditions exceeding the parameters demonstrated by the prototype.

7.3. Any claims regarding technical defects or print errors must be lodged in writing within 24 hours of receipt.

7.4. In the event of a quality dispute or an approved refund request, the customer must return the full order of goods to the premises of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA for inspection. No refund or reprint will be processed until the physical goods have been received and verified.

7.5. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA reserves the right to repair or replace goods proven to be defective relative to the approved proof before a refund is considered.

Delivery, Shipping and Transport Damage

8.1. While MARSH COMMERCIAL CC T/A 24ʰʳMEDIA facilitates delivery through external partners, we are not liable for delays, loss, or damage caused by third-party courier services. Shipping delays do not constitute grounds for a cancellation or refund.

8.2. If goods are delivered with obvious transport damage, the customer must complain to the carrier immediately and notify us within 24 hours.

8.3. Goods not collected within 30 days of the ready for collection notification will be disposed of. No refunds will be issued for abandoned or uncollected goods.

Product Care, Ownership and Installation Liability

9.1. All goods remain the property of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA until paid in full. Risk passes to the customer immediately upon signing or collection.

9.2. Product Care: Once goods have been collected or delivered, MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is not liable for damage resulting from improper storage, environmental exposure (including extreme heat, sun, or moisture), or misuse. It is the Customer’s responsibility to ensure goods are stored in a temperature-controlled, dry environment.

9.3. Suitability and Overloading: MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is not liable for product failure resulting from overloading, incorrect assembly by the Customer, or use of the product for purposes other than those for which it was designed.

9.4. Installation: The Customer is solely responsible for ensuring all legalities, building permissions, and municipal consents are adhered to. For electrical items, the Customer acknowledges that we are not qualified electricians and must provide their own power points.

9.5. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA is not liable for damage to hidden services (pipes/cables) not clearly marked by the Customer, nor for the failure of any surface to which signage is applied.

Customer-Supplied Materials and Storage Liability

10.1. Items dropped off by the customer for branding or templates are left at the customer’s own risk. MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall not be held liable for accidental loss or damage to customer-supplied materials.

10.2. Any customer property not collected within 60 days will be considered abandoned and we reserve the right to dispose of such items. No claims for replacement or compensation will be entertained after this 60-day period.

10.3. In the absence of a written specification sheet signed by both parties at the time of drop-off, the internal records of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA shall be deemed final.

Privacy, Data Protection and Marketing

11.1. The Customer consents to the processing of personal information, including email addresses, for contract fulfillment and for future marketing communications, newsletters, and business updates.

11.2. All data processing is handled in accordance with the Protection of Personal Information Act (POPIA). Customers may opt-out of marketing at any time.

Retention of Title

12.1. We retain title to the goods until full payment of all claims arising from the business relationship.

Warranty and Guarantees

13.1. Statutory warranty rights apply. Any additional guarantees provided by us are only valid if issued in writing.

Intellectual Property Rights

14.1. All designs, drafts, and intellectual property created by MARSH COMMERCIAL CC T/A 24ʰʳMEDIA remain our property until ownership is specifically transferred in writing.

Assignment of Rights

15.1. The customer may not assign or transfer any rights under this contract without our prior written consent.

Liability and Indemnity Limits

16.1. Our total liability for any claim shall not exceed the total amount paid by the customer for the specific order in question.

Dispute Resolution and Public Communication

17.1. The parties agree to first attempt to resolve disputes through informal negotiation before seeking legal recourse.

17.2. Good Faith Communication: Before posting any public feedback or reviews regarding a dispute, the Customer agrees to formally notify MARSH COMMERCIAL CC T/A 24ʰʳMEDIA of their grievance and allow a period of 14 days for us to investigate and propose a resolution. This ensures that both parties act in good faith to resolve technical or service issues privately first.

Severability Clause

18.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law and Jurisdiction

19.1. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.

19.2. The parties consent to the jurisdiction of the High Court of South Africa.

Final Provisions and Contact

20.1. No amendment or waiver shall be effective unless made in writing and signed by an authorized representative of MARSH COMMERCIAL CC T/A 24ʰʳMEDIA.

20.2. Notices should be directed to our registered business address or official email contact.