1.1 Application

These Terms apply whenever a customer buys goods, places an order, accepts a quotation, submits materials for processing, books rental items, requests fabrication, approves production, or otherwise instructs 4TM to proceed with work.

The term “customer” includes consumers, businesses, trade customers, resellers, venues, event clients, contractors and any person or entity placing an order. “4TM” refers collectively to the relevant business activity carried out under 4TM, 4TM Worx, 4thBrandHaus or Made4Moments.

Where the Consumer Protection Act applies to a transaction, these Terms must be interpreted consistently with that Act. Some protections may not apply to transactions involving juristic persons outside the scope of the Act. Nothing in these Terms should be read as creating a waiver of rights that cannot lawfully be waived.

1.2 Acceptance

A customer accepts these Terms by completing checkout, paying a deposit or invoice, accepting a quotation, approving a proof or drawing, booking rental items, delivering customer supplied property for work, or instructing 4TM in writing to proceed.

Where a quotation, order confirmation or project document identifies a particular scope, material, quantity, finish, drawing, file, delivery method or rental period, that document forms part of the contract.

1.3 Order of precedence

If documents conflict, the following order will normally apply: first, any signed or expressly accepted project specific agreement; second, the accepted quotation or order confirmation; third, any approved drawing, proof, schedule or specification; fourth, these Terms; and then the separate policies referred to above.

A later written variation agreed by both parties may amend an earlier document.

1.4 Separate policies

Returns, refunds and cancellation rights are dealt with primarily in the 4TM Returns and Refunds Policy. Shipping, furniture delivery, access and courier matters are dealt with primarily in the Shipping and Furniture Delivery Policy. Personal information is dealt with in the Privacy Policy.

These policies form part of the contractual framework where relevant, but do not override statutory rights.

2.1 Quotations and scope

A quotation is based on the information, drawings, files, quantities, materials, dimensions, access conditions and assumptions available when it is issued. Unless the quotation states otherwise, work outside the quoted scope is not included.

A quotation may contain an expiry date. If no date is stated, 4TM may revise the price before acceptance where material, labour, transport, supplier or other input costs have materially changed.

Obvious pricing, typing or calculation errors may be corrected before production begins. If an error materially affects an accepted consumer order, 4TM will address it in a manner consistent with applicable law rather than unilaterally forcing an unintended price.

2.2 Deposits and payment

A deposit may be required before materials are ordered, capacity is reserved or production begins. The quotation or invoice will determine the deposit and balance structure for the particular order.

Unless otherwise agreed, production is not required to start before the required deposit has cleared. Final goods may be withheld from collection, release or delivery until amounts properly due have been paid, subject to applicable law and any agreed credit terms.

Payments must be made using the methods made available by 4TM. Bank charges, exchange charges or other third party payment costs are for the customer where applicable and disclosed.

2.3 Production commencement

Production may be treated as commenced when 4TM orders project specific materials, cuts or processes material, prepares dedicated tooling or fixtures, creates production files, allocates reserved manufacturing time, starts branding, or otherwise incurs project specific cost following approval.

This is particularly important for custom, made to order, branded and customer specific goods because cancellation after production commencement may create unavoidable cost.

2.4 Changes requested by the customer

Changes to dimensions, quantities, materials, colours, finishes, artwork, files, wording, branding, delivery arrangements or other scope after acceptance may change price and lead time.

4TM may require the change to be approved in writing before proceeding. Work already completed, materials already committed and additional design or setup work may be charged where reasonable.

A change is not accepted merely because it was requested. It becomes part of the order only once 4TM confirms that it can be accommodated.

2.5 Suspension and non payment

4TM may pause work where an amount properly due remains unpaid, required information or approval is outstanding, customer supplied material has not arrived, or the customer has materially changed the scope without agreeing revised terms.

Any resulting lead time movement will be treated as a customer caused delay to the extent reasonably attributable to that issue.

3.1 Standard and made to order products

Standard products may still be produced in batches or after an order is placed. Product images, renders, samples and showroom examples illustrate design intent but natural material, production and screen display variation may occur.

Made to order and custom goods are produced for a particular customer, specification, finish, size, brand or application. Once production has commenced, such goods may not be eligible for ordinary change of mind cancellation or return, except where applicable law provides otherwise.

3.2 Furniture and natural materials

Timber and other natural materials vary in grain, colour, figure, knots, mineral marking, texture and movement. These characteristics are part of the material and are not defects merely because a finished piece differs from a render, sample or another piece.

Solid timber and timber based products may expand, contract or move in response to humidity, temperature, sunlight and indoor conditions. Customers are responsible for placing and using furniture in an environment reasonably suitable for the material.

Minor differences in tone, grain matching, edge appearance, panel layout and hand finished surfaces are acceptable where they remain consistent with the product specification and ordinary expectations for the material and process.

3.3 Dimensions and tolerances

Published or quoted dimensions are target dimensions. Reasonable manufacturing tolerances may apply because of material thickness, machining, sanding, finishing, assembly and environmental movement.

Where an exact critical dimension is required for fit, installation or integration with another item, the customer must identify that dimension as critical before production. 4TM may then confirm an appropriate production tolerance.

Dimensions supplied by a customer are treated as customer instructions unless 4TM has expressly agreed to measure or verify the site or item.

3.4 Drawings, renders and samples

Drawings, digital renders, mockups and samples are communication and approval tools. A render may not reproduce real material colour, texture, reflectivity or scale with complete accuracy.

A prototype or sample may differ from later production where process improvements, material batches or manufacturing methods change, provided the finished goods still conform materially to the agreed specification.

3.5 Installation and site measurement

Installation, fixing, assembly on site, structural work, electrical work, plumbing, wall preparation, floor preparation or specialist lifting are included only where expressly stated in the quotation.

Where 4TM has not agreed to perform a site measurement, the customer remains responsible for the accuracy of site dimensions and for ensuring the product can pass through access routes and fit the intended location.

4.1 B2B and trade services

4TM Worx may provide CNC routing, cutting, drilling, profiling, component production, door and panel processing, jigs, templates, prototypes, batch production, selected fabrication, assembly, finishing, white label production and related trade support.

The quotation defines whether 4TM is providing production only or also design, file preparation, material sourcing, development or advisory work. Production from a customer supplied file does not automatically mean 4TM has independently verified the design.

4.2 Customer files and production responsibility

Customers must provide the correct and current version of CAD, vector, artwork, cutting, drilling or other production files where the job depends on customer supplied data.

Unless file checking is expressly included, the customer remains responsible for design intent, dimensions, spelling, layout, geometry, fit, engineering suitability and compatibility of customer supplied files.

4TM may identify obvious concerns but is not required to detect every design error, hidden geometry issue, incorrect layer, duplicated line, scaling error or unsuitable tolerance.

4.3 Customer supplied materials and property

Customers may supply boards, timber, components, furniture parts, garments, blanks, acrylic, plastics or other property for processing. 4TM will use reasonable care when handling such property.

Customer supplied material is accepted on the basis that its hidden condition cannot always be verified. Internal voids, warping, delamination, moisture, contamination, coatings, previous repairs, inconsistent thickness, embedded objects, weak fibres, hidden cracks or other concealed conditions can affect machining, branding, finishing or fabrication.

Where a failure is caused by the inherent or concealed condition of customer supplied material rather than defective workmanship by 4TM, the resulting loss may remain for the customer's account, subject to applicable law and the specific circumstances.

4.4 Incoming quantities and condition

The customer should clearly state the quantity and condition of supplied items. 4TM may count items on receipt where practical, but detailed inspection of every unit is not automatically included.

If supplied items are high value, irreplaceable, limited edition, sentimental or commercially critical, the customer must disclose this before production. 4TM may decline the work, require a sample, recommend a test, or agree special handling and liability terms.

4.5 Setup and test pieces

Many production processes require setup, alignment, calibration, positioning, colour testing, stitch testing, engraving testing, tool entry, cutting trials or similar preparation.

By approving production on customer supplied material, the customer authorises the reasonable use of designated samples, offcuts or a reasonable number of supplied units for setup and process verification where this is necessary and has been disclosed or is customary for the agreed process.

Where loss of even one supplied item is unacceptable, the customer must state this before quotation so that a special process can be considered.

4.6 Unsafe or unsuitable work

4TM may refuse material or work that appears unsafe, unlawful, infringing, contaminated, hazardous, structurally unsuitable or likely to damage equipment or create unreasonable risk.

Workshop access is controlled by 4TM. Customers and third parties may not operate equipment or enter restricted production areas without permission.

5.1 Manufacturing yield

Some manufacturing, machining, printing, branding and finishing processes inherently involve setup loss, test pieces, material defects, breakage, rejected pieces or units that do not pass final quality control.

A manufacturing yield allowance is not permission to supply defective work. It recognises that a reasonable proportion of input material may be consumed or rejected while producing conforming finished units.

Where a quotation specifies a manufacturing tolerance or expected yield, that project specific figure applies.

5.2 Customer supplied quantity tolerance

Where customer supplied items are processed and no guaranteed finished quantity has been agreed, 4TM will use reasonable care and commercially reasonable production methods, but does not guarantee that every input unit will become an accepted finished unit.

If a specific minimum finished quantity is critical, the customer must disclose this before production and request a Guaranteed Finished Quantity arrangement.

5.3 Guaranteed Finished Quantity

Where 4TM agrees in writing to a Guaranteed Finished Quantity, the customer may be required to supply additional material, blanks or components above the required finished quantity.

The agreed overage is used to absorb setup, testing and reasonable process loss. Once the guaranteed accepted quantity is achieved, unused customer owned material will remain the customer's property unless otherwise agreed.

The guaranteed quantity does not cover failures caused by undisclosed defects or unsuitability in customer supplied material unless the quotation expressly states otherwise.

5.4 Overruns and underruns

For manufacturing processes where exact quantities cannot reasonably be guaranteed, a quotation may permit an agreed overrun or underrun. Where quantities are invoiced by actual accepted production, the final invoice may be adjusted proportionally.

No material quantity tolerance overrides a specific consumer right or an expressly guaranteed quantity.

5.5 Quality control and rejected work

4TM may reject pieces that do not meet the agreed production standard rather than supplying them as conforming goods.

A rejected piece is not automatically evidence of negligent workmanship. Responsibility depends on the cause, the agreed process, the condition of supplied material, the applicable tolerance and the law governing the transaction.

6.1 Branding services

4thBrandHaus may provide embroidery, engraving, product branding, signage, displays, hospitality pieces, branded gifts, tasting and wine related products, packaging elements, white label products and other physical brand applications.

The final result may vary slightly from a digital proof because physical materials, thread, ink, substrate, engraving depth, finish, lighting and production equipment do not reproduce screens exactly.

6.2 Artwork and content supplied by the customer

The customer is responsible for supplying correct names, wording, spelling, logos, marks, artwork and brand assets.

The customer warrants that it has the right to use all material supplied to 4TM and authorises 4TM to reproduce that material solely as required to perform the order.

4TM may refuse work that it reasonably believes infringes intellectual property, is unlawful, misleading or otherwise unsuitable.

6.3 Proofs and approvals

A proof, drawing, embroidery layout, engraving layout, colour reference, sample or production mockup may be submitted for approval.

Approval confirms the customer's acceptance of the displayed content, layout and specification. Approval does not excuse 4TM from producing the work materially in accordance with the approved specification.

If the customer requests a change after approval, additional setup, design, material and production cost may apply.

6.4 White label and silent production

Where 4TM manufactures for a reseller or another brand, the work may be supplied as white label, private label or silent production where agreed.

Unless otherwise agreed, paying for finished goods does not transfer 4TM's internal production files, manufacturing methods, jigs, templates, tooling, fixtures, supplier information or know how.

Where confidentiality or a non disclosure agreement has been agreed, that agreement will apply together with these Terms.

7.1 Booking and rental period

Made4Moments rental items may include lawn games, social games, event furniture, champagne walls, display pieces, picnic or tasting pieces, décor, interactive objects and related event items.

A booking is confirmed only when the required acceptance and payment conditions in the quotation or booking confirmation have been met.

The rental period, collection or delivery time, return time and any setup obligations will be stated in the booking documents.

7.2 Care, custody and control

From handover until return or collection, the customer is responsible for reasonable care of rental items and for using them only for their intended purpose.

The customer must ensure appropriate supervision, especially where children, crowds, alcohol, outdoor conditions or public access are involved.

Unless expressly contracted otherwise, 4TM is not the event organiser, venue manager, safety officer or supervisor of guests.

7.3 Weather and outdoor use

Outdoor rental items must be protected from severe weather, standing water, excessive moisture, fire, strong wind and other conditions likely to cause damage or unsafe use.

The customer must move or stop using items when conditions become unsafe. 4TM may refuse setup or continued use where site or weather conditions create an unreasonable risk.

7.4 Damage, loss and cleaning

The customer may be charged the reasonable cost of repair, specialist cleaning or replacement where rental items are damaged, lost, stolen, altered, misused or returned in materially worse condition than ordinary rental wear would explain.

Normal wear from proper use is not chargeable damage.

Where a security or damage deposit applies, 4TM may deduct properly supported charges and refund any remaining balance in accordance with the booking terms.

7.5 Late return and extended hire

Rental items returned late may affect later bookings. Reasonable additional hire, collection, labour or recovery charges may apply where an item is kept beyond the agreed period without prior approval.

If the customer wishes to extend a rental, approval must be obtained before the original rental period expires.

7.6 Venue access and movement

The customer is responsible for obtaining venue permission, arranging access, identifying stairs, lifts, long carries, restricted loading areas and other conditions that materially affect delivery or setup.

Rental items may not be moved between venues, materially relocated after setup, dismantled, painted, drilled, fixed, modified or branded without permission.

7.7 Cancellation, postponement and event changes

Cancellation and postponement terms may vary according to the booking, date, customisation, preparation work and whether 4TM has reserved stock or incurred project specific costs.

Where consumer legislation gives the customer a cancellation right, that right applies. Otherwise, reasonable cancellation charges may reflect work already performed, losses suffered and the ability to rebook the rental stock.

8.1 Delivery policy

Delivery, courier, furniture access, multi storey delivery, additional labour, special lifting, failed delivery, redelivery and related matters are governed primarily by the separate 4TM Shipping and Furniture Delivery Policy.

Customers must provide complete and accurate access information before delivery.

8.2 Collection

Where goods or rental items are collected, the customer must use a suitable vehicle and restraint method. 4TM may decline to load an item where the proposed transport arrangement appears unsafe or likely to damage the product.

Risk and responsibility for collection are subject to applicable law and any specific written arrangement.

8.3 Completion and storage

When an order is complete, 4TM may notify the customer that it is ready for collection, delivery or scheduling.

If the customer fails to collect or accept delivery within a reasonable period after notice, reasonable storage charges may apply where disclosed or agreed. 4TM may also require outstanding balances to be settled before extended storage continues.

Long term uncollected goods, materials or customer property will be dealt with in accordance with applicable law. 4TM will not treat customer property as abandoned merely because collection is delayed for a short period.

8.4 Site readiness

Where installation, delivery or setup is included, the customer must ensure the site is reasonably ready, safe and accessible.

Delays caused by incomplete building work, blocked access, unavailable responsible persons, restricted parking, unsafe conditions or missing permissions may lead to reasonable waiting, return, redelivery or rescheduling charges.

9.1 Quality standard

4TM aims to supply goods and services that conform materially to the agreed specification and meet the standard required by applicable law.

A defect is not established merely because a natural material varies, a handmade or batch produced item has minor non material variation, or a product differs slightly from a digital render while still conforming to the agreed design and reasonable expectations.

9.2 Consumer statutory rights

Where the Consumer Protection Act applies, customers retain the rights provided by law in relation to quality goods, quality services, defective goods and remedies.

Nothing in these Terms reduces the statutory implied warranty of quality or any other non excludable consumer right.

9.3 Service defects and rework

If a service does not conform to the agreed specification or legally required standard, the customer should notify 4TM promptly and provide reasonable information, photographs or access needed to assess the issue.

Where appropriate, 4TM may inspect, reperform, repair or otherwise remedy the affected work. Any statutory right to another remedy remains unaffected.

9.4 Exclusions caused by use or third parties

4TM is not responsible for defects or damage caused after supply by misuse, neglect, incorrect maintenance, unauthorised modification, third party repair, unsuitable installation by others, abnormal environmental exposure, accident, customer supplied material failure or use outside the intended purpose, except to the extent the law provides otherwise.

9.5 Returns and refunds

The separate 4TM Returns and Refunds Policy governs ordinary returns, change of mind returns, defective goods procedures and applicable electronic transaction cancellation rights.

Custom, personalised and made to order items may be treated differently from standard stock items where permitted by law.

10.1 Customer intellectual property

The customer retains ownership of intellectual property it lawfully owns and supplies to 4TM, including logos, artwork and proprietary designs, subject to the limited permission needed for 4TM to perform the order.

The customer indemnifies 4TM against third party intellectual property claims arising from material supplied by the customer where the customer did not have the right to authorise its use, to the extent permitted by law.

10.2 4TM intellectual property

Unless expressly transferred in writing, 4TM retains ownership of its pre existing and internally developed intellectual property, including product designs, production methods, CAD and CAM files, templates, jigs, fixtures, tooling concepts, workflows, manufacturing data, know how, branding systems, photographs, renders and website content.

Purchase of a physical product does not automatically transfer the right to reproduce the product, obtain production files or commission copies from another manufacturer.

10.3 Project files and tooling

Where 4TM creates production files, jigs, templates or tooling specifically to manufacture a customer's product, ownership will be determined by the quotation or written agreement.

Payment of setup or development cost does not by itself transfer ownership unless transfer is expressly stated.

10.4 Confidentiality

Each party should protect confidential commercial information received for the purpose of a project and use it only as reasonably necessary to perform the transaction.

4TM is not required to disclose supplier identities, internal costing, raw margins, manufacturing methods, proprietary files or internal process information merely because it has supplied a finished product or service.

A signed confidentiality agreement or non disclosure agreement will take precedence on the matters it covers.

10.5 Portfolio and publicity

4TM may photograph or document its own products and ordinary completed work for internal records and portfolio use where lawful and commercially appropriate.

Where a project is confidential, white label, embargoed or contains protected customer information, the customer should notify 4TM in writing. Any agreed confidentiality restriction will apply.

10.6 Website use

Website text, product images, renders, branding, downloadable material and other content may not be copied, scraped, republished, reverse engineered or used commercially without permission, except where law allows.

Customers must not misuse accounts, interfere with website security, submit unlawful content or use the website to infringe third party rights.

Third party links, payment systems or external services may be subject to their own terms.

11.1 Reasonable allocation of responsibility

Each party remains responsible for matters reasonably within its control.

4TM is responsible for its own workmanship and contractual obligations, subject to these Terms and applicable law. The customer remains responsible for the accuracy of customer supplied information, files, dimensions, approvals, permissions, site conditions and materials except where 4TM expressly agreed to take responsibility for them.

11.2 Indirect loss

For transactions where the law permits such limitation, 4TM will not be liable for remote, indirect or consequential commercial loss that was not reasonably foreseeable at the time of contracting, including loss arising from a customer's downstream contract, resale commitment or event arrangement unless 4TM expressly accepted that risk in writing.

This clause does not exclude liability that cannot lawfully be excluded.

11.3 High value and critical use

Customers must disclose before acceptance if an order is unusually high value, irreplaceable, safety critical, required for a fixed commercial deadline, or intended to support a third party commitment where failure would cause exceptional loss.

4TM may then decide whether to accept the work, revise the process, recommend a prototype, require additional material, or agree project specific risk terms.

11.4 Delays

Lead times are estimates unless a fixed date is expressly guaranteed in writing.

4TM will use reasonable efforts to meet confirmed timelines and will communicate material delays where required. Delays may arise from supplier shortages, material defects, customer changes, approval delays, transport disruption, equipment failure, power interruption, labour disruption, severe weather or other circumstances.

Where the law gives a customer a right to cancel because of delay or non performance, that right remains unaffected.

11.5 Force majeure

Neither party will be treated as in breach for failure caused by an event beyond its reasonable control where performance is genuinely prevented or materially delayed.

The affected party must act reasonably to limit the effect of the event and resume performance when possible.

Force majeure does not permit 4TM to retain customer money indefinitely where the contract cannot be performed and applicable law requires a refund or other remedy.

11.6 Subcontracting

4TM may use competent suppliers, couriers, installers, processors or specialist subcontractors where reasonably necessary to perform an order.

4TM remains responsible for its contractual obligations to the extent required by law and the agreement.

12.1 Good faith resolution

If a dispute arises, the parties should first attempt to resolve it through the contact channel published on the 4TM website.

The customer should provide the order reference, a clear description of the issue and supporting information reasonably required to investigate it.

Nothing in this clause prevents a consumer from using a statutory complaint, ombud, regulator, tribunal or court process available under South African law.

12.2 Governing law

These Terms are governed by the laws of the Republic of South Africa.

Any jurisdiction clause must be interpreted subject to mandatory consumer protections and the right of a party to approach a court or statutory forum with lawful jurisdiction.

12.3 Electronic communications

Orders, approvals, quotations, invoices, notices and contractual communications may be exchanged electronically.

An electronic approval, acceptance, checkout action, payment or other electronic communication may have contractual effect where recognised by applicable law.

12.4 Notices

Operational notices may be sent through the contact details supplied by the customer or through the website account or communication channel used for the order.

The customer is responsible for keeping its supplied contact details reasonably current.

12.5 Severability

If a provision of these Terms is found unlawful or unenforceable, it will be interpreted or limited as far as legally possible without invalidating the remaining provisions.

12.6 No waiver

A failure by either party to enforce a right immediately does not automatically waive that right.

A waiver must be clear and applies only to the specific matter for which it was given.

12.7 Entire agreement

The contract consists of these Terms together with the documents incorporated under clause 1.3 and any later written variation.

Statements or expectations not recorded in the contract do not form part of the agreement unless the law provides otherwise.

12.8 Updates

4TM may update these Terms for future transactions. The version accepted when an order is concluded will ordinarily govern that order unless the parties agree otherwise or the law requires a different result.