Policy and Terms & ConditionsSample Requests
1. Sample Request and Payment Terms
1.1. Requests for Samples
Clients may formally request samples of Modcon’s concrete products for evaluation purposes. All sample requests must be submitted through authorised Modcon communication channels. Modcon reserves the right to accept or decline any sample request at its sole discretion.
1.2. Sample Charges
All sample requests are subject to a charge. The applicable sample fee will be communicated to the client in writing prior to any work commencing. The fee includes but is not limited to: labour, materials, mould usage or modification, colour mixing, handling, and shipping costs.
1.3. Payment Terms
Full payment for the sample is required in advance. No sample will enter production until such payment has been received in full and cleared in Modcon’s nominated bank account. Accepted methods of payment include electronic bank transfer, credit card, or such other methods as may be approved by Modcon in writing.
1.4. Non-Refundability
All sample charges are strictly non-refundable, regardless of whether the client chooses to proceed with a full order following sample evaluation.
1.5. Limitations
Modcon reserves the right to limit the number of samples issued per project or per client and to impose restrictions based on capacity, availability of materials, or the complexity of the sample requested.
2. Ownership and Intellectual Property Rights
2.1. Intellectual Property
All samples, including but not limited to custom moulds, colour formulations, finishes, technical drawings, and material compositions, are the sole and exclusive intellectual property of Modcon.
2.2. No Transfer of Rights
The provision of a sample does not constitute a transfer, assignment, or license of any intellectual property rights to the client or any third party. All rights, including moral and copyright, remain fully vested in Modcon.
2.3. Restrictions on Use
No sample or part thereof may be reproduced, duplicated, reverse engineered, distributed, or used in the manufacture of similar or derivative products without the prior written consent of Modcon. This applies to physical samples as well as digital or printed representations thereof.
3. Purpose and Value of Samples
3.1. Nature and Intent
Samples are developed to provide the client with a physical representation of the proposed product, to confirm aspects such as colour, texture, finish, sizing, and general compatibility prior to full-scale production.
3.2. Use Cases
Samples are typically required for:
- Internal decision-making and approval
- Presentation to architects, developers, clients, or heritage authorities
- Ensuring accuracy, alignment, and client satisfaction prior to production commencement
4. Standard vs. Custom Samples
4.1. Standard Samples
Where available, standard samples may be supplied at the prevailing catalogue rate. These are subject to stock availability and may not reflect any project-specific customisation.
4.2. Custom Samples
Samples that require bespoke colouring, surface treatments, moulding, or design alterations are classified as custom samples. Custom sample costs will be quoted individually and are based on the complexity, labour, and resources required to produce the sample.
5. Credit Toward Final Order
5.1. Conditional Credit
In select cases, Modcon may credit the cost of an approved sample toward the final invoice only where a full production order is placed by the same client for the same project. This credit is applied at Modcon’s sole discretion and will be clearly noted on the final invoice if applicable.
5.2. No Obligation
Where a production order is not placed, or if the sample is not approved for use, the sample cost remains fully payable and will not be credited or refunded.
6. General Provisions
6.1. Binding Agreement
By requesting a sample, the client acknowledges and agrees to the terms and conditions set out herein. These terms shall be binding and enforceable under applicable law.
6.2. Amendments
Modcon reserves the right to amend this Sample Policy at any time without prior notice. The latest version will be made available upon request.
6.3. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or related to this policy shall be subject to the exclusive jurisdiction of the courts located in [insert applicable jurisdiction, e.g., Johannesburg].
7. Company Statement
At Modcon, we believe in building trust through clarity, craftsmanship, and precision. Every sample we produce is an extension of our commitment to quality and project alignment.
If you can draw it, we can make it.
Thank you for partnering with Modcon.