Digital Generation shall only supply products in accordance with these Terms and Conditions of Sale upon receipt of an order, in writing, from Client setting out the type and number of products required. Notwithstanding the aforesaid, Digital Generation shall be entitled but not obliged to accept orders communicated telephonically to it by the client, provided that the Client confirms such telephonic order in writing. In the event of any order being given to Digital Generation, Digital Generation is not obliged to ensure that the Clients’ signature(s) on the order is valid nor that the person placing the order is indeed an employee of the Client.

All orders placed by the Client with Digital Generation are subject in all respects to approval and acceptance by Digital Generation, in its sole and absolute discretion, and Digital Generation shall not be bound to accept any order placed by the Client or be liable to the Client for any claim of any nature which arises by virtue of its refusal to accept any order.

Digital Generation undertakes to fulfill the Client’s orders for the products, once approved and accepted by Digital Generation, with all reasonable dispatch and to use its reasonable endeavors to meet the Client’s delivery date requests. Delivery is, however, subject to product availability. All delivery dates and times given or otherwise proposed by Digital Generation to the Client are estimated dates and times. Digital Generation shall not be liable in terms of these Terms and Conditions of Sale if Digital Generation is prevented from making any delivery as a result of any circumstances what- soever which are not within its reasonable control, Digital Generation shall be deemed to have been released from its obligation to make that delivery for so long as, and to the extent that, it is prevented from making that delivery and in such event these Terms and Conditions of Sale shall be deemed to have been suspended for the period concerned. Digital Generation shall be entitled, in its sole and absolute discretion, to suspend any delivery of the product while the Client is in breach of any of these Terms and Conditions and/or any other agreement between Digital Generation and the Client.

Digital Generation shall not be liable for any delay, loss or damage incurred by the Client or its customers where any delivery of the products by Digital Generation is delayed or prevented for any reason whatsoever. The Client shall not be entitled to refuse acceptance of the Product as a consequence of any such delay.

Digital Generation shall accept no return of any products supplied by Digital Generation in terms hereof unless a Return Authorisation Voucher (“RAV”) has been requested by the Client and issued by Digital Generation to such Client. The RAV shall be issued in Digital Generation’s sole and absolute discretion and shall not, in any circumstances, be issued for any products where a request is received from the Client after seven (7) days from the date of receipt of an invoice in respect of such products. Products for return will only be accepted by Digital Generation if Digital Generation is satisfied that such products are clean, unopened, unused, undamaged and in their original packaging [on the current Digital Generation price list]. Products must be returned to Digital Generation within (7) days of the date of the RAV being issued together with copies of the relevant invoices. In the event that Digital Generation accepts a product return a credit will be issued to the Client and, if applicable, payment refunded, or in the case of a credit sale, a credit shall be passed against the Client’s account, upon receipt of the returned products. Digital Generation will be entitled to deduct or set off any costs incurred by it in connection with the return of the products including, without limitation, the handling fee against any amount to be refunded to the Client.

A handling fee of 10% (ten percent) will be levied by Digital Generation at its discretion on all goods accepted for return and the Client shall be responsible for any return transportation costs relating to the returned products.

The purchase price of the products delivered by Digital Generation to the Client shall be the most recent price stipulated on the invoice in respect of the products furnished by Digital Generation to the Client from time to time. Digital Generation shall be entitled in its sole discretion to vary the price of any product at any time prior to submitting an invoice to the Client in respect of such product.

The Client shall be obliged to pay the purchase price of any products delivered to it in terms hereof in South African currency by EFT to Digital Generation’s bank account, as stipulated on the DG invoice.

If price changes result in higher purchase price to the Client, Digital Generation will deliver all outstanding orders at the new increased price. This includes, inter alia, products that cannot be delivered due to credit reasons. The Client has the right to cancel such orders, in writing, before delivery is affected.

For credit reasons Digital Generation may, in its sole and absolute discretion, decline to deliver the outstanding orders at the original agreed price or reserve the right to cancel any outstanding orders.

Digital Generation reserves the right to vary prices and other particulars contained in the Digital Generation price list for any products without prior notice to the Client.

Without limiting the generality of Digital Generation’s right to vary the prices of any of the products all quotes, oral or written, given by Digital Generation or its employees are subject to exchange rate variation and these Terms and Conditions of Sale.

The following payment terms apply to Digital Generation Client’s:

Payment to be made prior to completion of order and delivery of products via payment gateways.

Any products supplied in terms hereof shall carry a warranty according to the Manufacturers’ or Vendors’ standard warranty terms supplied with and in respect of the product. Any defective product, including out of box failure, shall be returned to Manufacturers’ or Vendors’ authorized warranty service centers.

The service center will request proof of purchase, and the onus is on the Client to retain such proof.

It is expressly recorded that Digital Generation does not accept any responsibility for any warranties, expressed or implied or statutory, including implied warranties of merchantability of the products’ fitness for a particular purpose and warranties against latent defects.

Neither Digital Generation nor its employees, agents, directors and any other person who has been involved in the creation, production, or delivery of the products which are the subject of these Terms and Conditions of Sale shall be liable for any direct, indirect, consequential, or incidental damages, costs or losses (including, without limitation, damages for loss of profits or revenue, business interruption, loss of information, and the like) arising out of the products or any part thereof being defective in any way or not being suitable for any particular purpose or use whether or not such damages, costs or losses are attributable to any negligence or conduct on the part of Digital Generation.

The client hereby indemnifies and holds Digital Generation harmless against any and all claims by any third party against Digital Generation arising from or in connection with any products.