Backorders

Retail and Wholesale Catalog

The objective of this reference is to satisfy the buyer that you can be confidant of receiving backordered products.

Please remove backorders from the shopping cart if:

1.   you cannot wait four to 12 weeks;

2.   you want the exact item shown when picture/s is/are not generic;

3.   you do not accept the condition of force majeure A.

By explaining the process, we want to enhance your experience and knowledge of how we operate an international predominantly all-volunteer nonprofit organization. This may be too detailed for some but it is meant to answer or pre-empt most questions. Working with the informal impoverished communities in Africa, we would be remiss not to include some of the realities they face on a daily basis that is foreign to most of us in the developed societies. You are assisting many people in their struggle to rid the yoke of poverty by purchasing products.

Summary:

Ordering product from the catalog implies that the item is available from our USA inventory. Stock levels by nature are dynamic. When a product has sold out, it may remain active with the quantity showing as zero. This can happen when:

1.    product needs to be loaded from the US wholesale inventory to the catalog;

2.    product is not currently available in the US but is supplied regularly from source and may be in transit or easily obtainable and thus not deactivated;

3.    some products, like Shona Stone Art sculpture and Kisii Stone Art, by their very nature of being one-of-kind, unique, artist specific, original works of art, when sold, become a backordered item. The piece remains active in the catalog as an example of the artists work and price range as they are often willing and able to sculpt a similar piece on commission; and

4.    occasionally volunteers miss an item or are not available to de-activate a product as the store operates 24/7/365 with administration during regular MST-zone business hours.

Adding a zero quantity item from the catalog to the shopping cart will create a backordered sale. It shows on the product description and the invoice as backordered. Products not obtainable are de-activated from the catalog. Any associated backordered items will be cancelled, and refunded. Backorders only accepted when we are confidant of delivery via our supply chain that is dependent on the so-called informal sector of the world’s economy; they rank at the bottom of the chain. Backorders are avoided by making a selection from similar or other products where the quantity is at least one or more.

Backorders that cannot be supplied from US inventory are expedited to the best of our collective international abilities. The backordered product originates, like all our products, from the sub-contractor in Africa. The process under normal conditions will take at least four to twelve weeks due to the many variables and idiosyncrasies pertinent to our operations and nonprofit’s mission. On request and for an additional fee this can be escalated to a special order with a dedicated focus for the fastest turn around possible.

All our products are individually handcrafted and many are made from natural materials. Therefore, no items of the same product will be exact copies of each other. If the product description picture is described as:

1.    generic: anticipate an item that essentially is identical to the description and photograph. Imperceptible changes in either mass (weight), or color, or shape, or size, or detail, or any combination thereof will occur but only obvious to the keenest observer (after a thorough and detailed examination).

2.    the actual item: anticipate receiving a reproduction as artistically close as possible to the original, even when the backorder will be produced by the same person this may not be possible. Working from the detailed product description and photographs, the contractor will do their best to produce a similar art piece. There will be unavoidable noticeable variations, however, in one or more parameters such as color, artistry, detail, and design even when matching size and theme. For example, a sculpture in the same stone, of equivalent size and style as the original, by the same artist could differ in appearance due to the inherent color variances of the natural stone texture. Paintings for example, of the same scene and size will have different brush strokes, palette, or aspect ratios.

Buyer accepts and understands the backordered product delivery is a binding and legally enforceable contract between us. In addition to all stated and implied product descriptions and caveats, the condition of force majeureB applies to all and every backordered product, without exception.

Contact us if you need more information with your backorder question.

Wholesale catalog

What resellers need to appreciate?

Our African brothers and sisters daily endure poverty, unemployment, diseases, bribery, and corruption, a general lack of basic amenities and utilities because of their circumstances. Yet many go about their daily lives as best as possible producing excellent art and crafts. The tough conditions, not of their choosing, are more often than not compounded by acts of violence, intimidation, and brutalization by political entities, street and mob criminals, pirates, and bandits, and the harsh repressive actions of desperate and despicable government regimes who perpetrate crimes against humanity with impunity.

Proudly working with and in some of the most impoverished communities in Africa, our US and African teams are dedicated to our mission that succeeds or fails by our standards of quality, service, and reliability. Thus, we make every effort and use all means at our disposal to complete the backorder.

Since 2004, we can proudly state that we have yet to fail and not complete a backorder. A few (less than 1%) orders, however, were very late exceeding acceptable delivery schedules, even for the informal economy by months. The delays due to poor communications, political instability, and violence, theft, auto accidents, failure by one contractor to deliver, and the unexpected ill health or death of the contractorc were beyond our control. Force majeure was reasonable for all delayed orders but was never considered by us and delivery eventually took place. We have changed operations where possible, as all progressive companies constantly adapt, and improve as conditions dictate. A list of recipients of backorders can be provided on request.

Backorders are executed promptly. The backorder process:

1.    Order placed and paid by customer on our online store.

2.    Email and SMS are automatically generated to the local office in Africa responsible for the procurement of that specific product.

3.    Backordered items are split from the invoice so as not to delay or impede delivery of those products that are available.

4.    The African representatives check email as regularly as possible. However, they travel for our mutual operations, usually to rural and remote areas, and often in neighboring countries. Although the rural areas usually have no or limited internet access, cellular phone networks are widespread today with good coverage. SMS usually alerts them to the order. Order details, however, require internet access that may take a few days to access.

5.    US Buyer follows up with the African team if they have not acknowledged receipt of the backorder after one week.

6.    On receipt of the order they, in turn, promptly contact the relevant contractor. This is an arduous task at best for a variety of reasons that affect both our representatives and contractors alike. The reasons are numerous and perplexing to us in the so-called developed societies. For your edification, a few of the most persistent are described:

a)         The most common being the intermittent supply or lack of utilities especially electricity;

b)         Others are no airtime, being out of range, or traveling on personal family business that usually trumps everything else and happens frequently, most often to attend funerals for AIDS, malaria, and other disease-related deaths;

c)         More reasons include no longer having access to a phone, as it was loaned to a friend, neighbor, or relative as Africans freely share with each other or it was stolen or sold to raise urgent cash for some other unrelated pressing issue;

d)         The general lack of transport restricts freedom of movement, not to mention the impact of political un-rest and disorder that should be included; and

e)         The aforementioned reasons are by no means comprehensive, just for edification, as the list of hurdles is seemingly endless.

7.    Once contact is made, most contractors still require a person-to-person meeting as per African traditions and customs, before starting any work. Depending on where our representatives are in relation to the contractor at the time of the order, this simple exercise could take days or weeks, rather than a phone call or two. However, a small but growing number of contractors start and deliver an order on a good faith basis and in a timely manner. This scenario is usually restricted to the more economically stable, business savvy, urbanized entrepreneur, or better established operation. Most wait for a physical meeting for a number of reasons ranging from lack of finances or resources to commence production and the general live for today attitude towards life. The past and future are excluded from all thoughts and planning. With more than 200 contractors spread across a region greater in the size than the US, this in itself is a logistical nightmare. Especially with transport restrictions and difficulties (like no fuel in Zimbabwe or buses that won’t operate at night in Tanzania to avoid becoming another wreck due to hazardous road conditions or being robbed by highway bandits).

8.    Having arranged to meet does not guarantee that it will happen as agreed. On occasion, several attempts are needed to consummate a contract. Sometimes the person is just not available, people may have taken a job in the formal sector or moved on, sadly, illness and death take a toll, and alternate plans are necessary. Occasionally, artistic temperaments, stubbornness, and greed; common traits to humankind also arise.

9.    Once the order is accepted you should receive an email, confirming the order was placed with our first estimate for delivery. Force majeure conditions apply from this point forward in the process i.e. you are now potentially at risk for those specific conditions, we remain responsible for all other events.

10. As the order proceeds and depending on its size, our representatives may need to visit several times. First, to pick up the completed items; if the order is large by local definition as it is common for a contractor to sell our product to another buyer and re-start our order because of the aforementioned live for today attitude. Second, to make progress payments and generally supervise the project. Third, to inspect and maintain quality and meet specification. Last, and by no means least to meet schedule.

11. When the order is done, we will let you know a firmer delivery date.

12. When the order ships from our US facility, you will receive a shipment notice.

13. If an order cannot be made due to a specific request like a named artist who is unavailable for any reason or conditions that totally preclude any progress within a reasonable time frame; we will discuss the next step and any alternate solutions with you that may include a full or partial refund.

14. Even with due diligence on our part, we anticipate that there will be the future random occasions when the timeline won’t be met or civil disorder requires a force majeure declaration.

Force majeure

A.          Force majeure (French for "greater force") is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as war, strike, riot, crime, act of nature (e.g., flooding, earthquake, volcano), prevents one or both parties from fulfilling their obligations under the contract. However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (e.g., predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated. "Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated."

B.          “No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone, and internet service, and no other Party will have a right to terminate this Agreement in such circumstances."

C.          Orders from East Africa were severely impacted by political turmoil as a direct consequence of the late 2007 elections. Instability prevailed in Kenya after the elections through early 2008 and now is stable. Zimbabwe has always delivered even though operating conditions were tenuous at best under a corrupt government. Since elections in March 2008, the situation went from tenuous to nearly impossible. The unfortunate destruction and looting of our base and murder of two casual employees of the local operation in May and June 2008 has severely dampened spirits. Zimbabwe orders are currently taking 12+ weeks mainly because of current political turmoil and the destruction of our base. Always resilient, resourceful, and pragmatic, our local team continues to perform albeit under extremely difficult and trying conditions. Despite the mayhem, they are keeping operations alive by knowing the unsafe conditions and using their extensive grassroots network. They have faith that the current conditions will end sooner than later, and they’ll be ready and willingly to build a new future for all Zimbabweans.