Standard Terms & Conditions

Definitions and Interpretation

“Quick Draw” means Quick Draw (Pty) Ltd, Registration No. [2019/202677/07], its successors-in-title, permitted assigns, employees, agents, and subcontractors.

“Client” means the person or entity to whom the Quotation is addressed and who accepts the Quotation.

“Quotation” means the written cost estimate provided by Quick Draw, incorporating these Terms and Conditions.

“Work” means all services, drawings, designs, plans, and deliverables described in the Quotation.

“Force Majeure Event” means any cause beyond Quick Draw's reasonable control, including but not limited to acts of God, pandemics, epidemics, industrial disputes, supplier delays, and power interruptions.

Words importing the singular include the plural and vice versa. Clause headings are for convenience only and shall not affect interpretation.

Application of Terms

By accepting the Quotation, whether in writing, by conduct, or by making payment, the Client agrees that these Terms and Conditions shall govern the contract between the parties to the exclusion of any conflicting terms. No oral representations or prior arrangements shall bind Quick Draw unless reduced to writing and signed by an authorised representative.

Quotation Validity and Scope

Quotations are valid for 14 (fourteen) calendar days from the date of issue unless otherwise stated in writing. The Quotation is based on the scope and information provided at the time of issue. Any changes to the scope or information may result in adjustments to the price and lead times.

Lead Times, Delivery, and Commencement of Work

Work will only commence once Quick Draw has received all required information, drawings, plans, approvals, specifications, and any deposit payable; and a formal purchase order or written acceptance of the Quotation is received.

All lead times are calculated from the later of the date of acceptance of the Quotation or the date on which the last prerequisite is fulfilled. Lead times are estimates only and may vary due to changes in instructions, approval delays, site restrictions, or third-party actions. Quick Draw shall not be liable for losses caused by delays unless due to its wilful misconduct.

Payment Terms

Unless otherwise agreed in writing:

• Clients with approved credit accounts – payment is due within 30 (thirty) days from date of invoice;
• All other Clients – payment is due within 7 (seven) days of delivery;
• New or first-time Clients may be required to pay a deposit prior to commencement of Work.

Late payments shall attract interest a tempora morae, calculated daily and compounded monthly, from the due date until full payment. Quick Draw may suspend performance or withhold deliverables where payment is overdue. All legal recovery costs shall be for the Client's account. Title to all designs remains with Quick Draw until full payment is received.

Revisions and Variations

The Quotation includes one (1) revision post-client approval and one (1) revision post-end-user feedback. Additional revisions or changes in specifications shall be treated as extra work and billed at prevailing rates.

Site Access and Client Responsibilities

The Client must confirm site access in writing and provide all relevant project details, including required standards (SANS/NFPA/ASIB/FM). Quick Draw shall not be responsible for compliance verification unless expressly agreed in writing.

Cancellation

Should the Client cancel after Work has commenced, payment shall be due for all work completed to date, calculated on a pro-rata basis. Cancellation is effective only upon written notice received by Quick Draw.

Intellectual Property

All intellectual property in the Work remains vested in Quick Draw until payment is received in full. Upon payment, the Client obtains a non-exclusive, royalty-free licence for use of the Work. Quick Draw may use its Work for marketing and portfolio purposes unless agreed otherwise.

Force Majeure

Quick Draw shall not be liable for any delay or failure to perform due to a Force Majeure Event. Where such event continues for more than 30 days, either party may terminate the contract, provided payment is made for all completed work.

Warranties, Limitation of Liability, and Indemnity

Quick Draw warrants that it will perform its Work with reasonable skill, care, and diligence in accordance with accepted industry standards. Except as expressly stated, no other warranties are made. Quick Draw's total liability shall not exceed the total contract value paid. The Client indemnifies Quick Draw against any claims, losses, or damages arising from negligence, breach, or third-party use of the Work.

Governing Law and Jurisdiction

This agreement is governed by the laws of the Republic of South Africa. Both parties consent to the exclusive jurisdiction of the Magistrates' Court, notwithstanding the quantum of the dispute.

General Provisions

No indulgence or relaxation by Quick Draw shall be deemed a waiver. If any clause is held invalid, the remainder shall continue in full force. Variations must be signed by both parties in writing.

Entire Agreement and Survival

These Terms and Conditions, together with the Quotation, constitute the entire agreement and supersede all prior communications. Provisions relating to payment, interest, retention of title, intellectual property, limitation of liability, and indemnity shall survive cancellation or completion of the Work.