Terms & Conditions of Sale

1. Definitions

In these Terms, the following expressions have the meanings set out below:

• “Mabira Pack”, “we”, “us”, “our” means Mabira Pack (Pty) Ltd.
• “Customer”, “you”, “your” means the person or entity placing an Order.
• “Goods” means the packaging products and accessories supplied by us.
• “Order” means a request by you to purchase Goods, accepted by us in accordance with clause 3.
• “Website” means mabirapack.co.za.

2. Application

These Terms govern all sales of Goods by Mabira Pack to the Customer, whether placed via the Website, WhatsApp, email, or any other channel. By placing an Order, you confirm that you have read, understood, and accepted these Terms. These Terms prevail over any conflicting terms you may submit (including purchase order terms) unless we expressly agree otherwise in writing.

3. Quotes & Order Formation

The following rules govern how a quote becomes a binding Order:

• 3.1 Quote validity: Quotes are valid for 5 business days from the date of issue, unless stated otherwise, and are subject to stock availability at the time of order confirmation.
• 3.2 Binding orders: An Order is only binding once we have (a) received full payment in cleared funds and (b) issued a written order confirmation. We reserve the right to decline any Order at our discretion.
• 3.3 Pricing errors: Pricing on the Website and in quotes is indicative and may change without notice prior to order acceptance. Errors in pricing or product descriptions are not binding, and we may correct them and either confirm the Order at the corrected price or cancel and refund.

4. Pricing & Payment

Pricing and payment terms apply as follows:

EFT clearance times are bank-dependent and outside our control. Proof of payment may speed up processing but does not constitute cleared funds.

5. Stock Availability & Substitution

Stock levels shown on the Website are indicative. While we make reasonable efforts to keep this accurate, availability is only confirmed once your Order is accepted. If a Good becomes unavailable after Order acceptance, we will contact you to offer:

• A substitute of equivalent specification • A backorder with estimated lead time • A full refund for the affected items.

6. Custom & Branded Orders

Custom Orders (printed pouches, custom colours, bespoke specifications) are accepted on these terms:

• Case-by-case acceptance: Subject to separate quotation, minimum order quantities, and lead times.
• Full prepayment required: Custom Orders are non-refundable and non-returnable once production has commenced, except in the case of manufacturing defects.
• IP warranty: You warrant that any artwork, branding, or design supplied does not infringe third-party intellectual property, and you indemnify us against any claims arising from such infringement.

7. Delivery, Risk & Title

Delivery, dispatch timeframes, courier options, and risk transfer are governed by our Shipping & Returns Policy, available at mabirapack.co.za, which forms part of these Terms.

Title in the Goods passes to you only once full payment has been received in cleared funds. Risk passes on delivery or collection, whichever occurs first.

8. Returns & Refunds

Returns, refunds, replacements, and reporting of defects or transit damage are governed by our Shipping & Returns Policy, which forms part of these Terms.

9. Fitness for Purpose

The Goods are sold as general-purpose packaging. While we describe materials, dimensions, and basic specifications accurately:

• Customer responsibility: You are responsible for testing and verifying that the Goods are fit for your specific application, including compatibility with your product, fill content, sterilisation method, storage conditions, and end-use environment.
• Sample testing: We strongly recommend testing samples before placing bulk Orders.
• No specific-use warranty: We do not warrant suitability for any specific product, formulation, or regulatory requirement (including food contact, cosmetic, or pharmaceutical compliance) unless expressly confirmed in writing for a specific Order.

10. Warranties & Limitation of Liability

The scope of our warranty and the limits of our liability are as follows:

Other than the warranty above and any rights under the Consumer Protection Act 68 of 2008 (where it applies), all other warranties (express or implied) are excluded to the maximum extent permitted by law. We are not liable for any indirect, consequential, special, or incidental losses, including loss of profit, revenue, business, customers, or goodwill; product recalls; downstream product failure; regulatory penalties; or losses arising from delays in delivery. Nothing in these Terms excludes liability for fraud, gross negligence, death, or personal injury caused by our negligence, or any liability that cannot lawfully be limited.

11. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including port congestion, customs delays, shipping line disruptions, factory closures, load shedding, civil unrest, pandemics, natural disasters, or government action. Affected Orders will be delivered as soon as reasonably possible once the event has ended, or refunded if performance becomes impossible.

12. Intellectual Property

All content on the Website (including product images, descriptions, logos, and branding) is owned by or licensed to Mabira Pack and may not be reproduced without our written consent. Where you supply artwork or branding for custom Orders, you retain ownership and grant us a limited licence to use it solely for the purpose of fulfilling your Order.

13. Privacy & Communications

We collect and process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Our Privacy Policy, available at mabirapack.co.za, sets out how we collect, use, and protect your information.

You agree to receive transactional communications (order confirmations, dispatch notifications, invoices) by email, WhatsApp, or SMS. Marketing communications are sent only with your consent and you may opt out at any time.

14. Breach & Cancellation

We may cancel any Order or suspend supply if you breach these Terms, fail to make payment, or if we reasonably suspect fraudulent activity. You may cancel an Order before dispatch by written notice. Refunds for cancelled Orders are processed in accordance with our Shipping & Returns Policy. Custom Orders are subject to clause 6.

15. General

The following general provisions apply to these Terms:

• Governing law: These Terms are governed by the laws of the Republic of South Africa.
• Jurisdiction: The parties consent to the jurisdiction of the Magistrate’s Court, notwithstanding that the matter may fall within the jurisdiction of the High Court.
• Dispute resolution: Before legal proceedings, the parties will attempt in good faith to resolve any dispute through direct negotiation, and failing that, mediation.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• Whole agreement: These Terms, together with the Shipping & Returns Policy and any written quote or order confirmation, constitute the entire agreement between the parties.
• Variation: We may amend these Terms from time to time. The version published on the Website at the time of your Order applies to that Order.
• Notices: Notices to Mabira Pack should be sent to admin@mabirapack.co.za. Notices to you will be sent to the email or WhatsApp number on your Order.

Contact Us

Mabira Pack (Pty) Ltd

Unit A50, U Can Store, 21 Spartan Cres, Eastgate, Sandton, Gauteng, 2090

admin@mabirapack.co.za

WhatsApp: +27 81 848 8590 • mabirapack.co.za