STANDARD CONDITIONS OF AGREEMENT
1. The Customer agrees that
(a) this contract represents the entire agreement between the Customer and Maizey’s (Pty) Ltd (herein after called “the Company”) and that no alterations or additions to this contract may be affected unless agreed to by both parties, reduced to writing and signed by both parties;
(b) that this agreement will govern all future contractual relationships between the parties; and
(c) is applicable to all existing debts between the parties.
2. The Customer hereby acknowledges that he has read and understood each term of this agreement and accepts them as binding.
3. The Customer warrants that the signatory on the reverse side has been duly authorized to contract on its behalf.
4. The signatory hereby binds himself in his personal capacity as co-debtor in solidum for the full amount due to the Company and agrees that these Standard Conditions will apply mutatis mutandis to him.
5. The Customer acknowledges that no representations were made by the Company regarding the product(s) or services or any of its qualities leading up to this contract.
6.1 All quotes will remain valid for a period of 30 days from the date of the quote. The validity of any price quoted is subject to any increases in the prices charged by the Company’s suppliers.
6.2 The Customer hereby confirms that the items and services on the reverse side duly represent the items and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality and quantity ordered.
6.3 Any delivery note (carbon copy or original) signed by the Customer and held by the Company shall be conclusive proof that delivery was made to the Customer.
6.4 The Customer may only return unsatisfactory goods within ten days from delivery and such returns will be subject to a 10 percent handling fee, subject to the sole discretion of the Company.
6.5 All orders, whether oral or in writing, will be binding and subject to these standard terms of agreement.
6.6 Goods delivered on consignment will only be received back by the Company if they are returned in the same condition as supplied. Soiled or damaged consignment goods will be deemed sold to the Customer.
7.1 No guarantees are given on any materials or commodities supplied by the Company. Under no circumstances will the Company be liable for damage arising from misuse or abuse of the product.
7.2 Where machinery is supplied the Customer is limited to the factory guarantee that may exist. It is the responsibility of the Customer to return such machinery to the premises of the Company.
8. Liability under Clause 7 is restricted to the cost of repair or replacement of defective product(s) or services at the sole discretion of the Company. Under no circumstances will the Company be liable for consequential damages.
9. No claim under this contract will arise unless the Customer has given the Company thirty days written notice by prepaid registered post to rectify any defect or breach of contract.
10. The Customer has no right to withhold payment for any reason whatsoever.
11. The Customer agrees to pay the amount on the invoice
(a) against delivery; or
(b) if the Customer is an Approved Customer within thirty days of the date of an Invoice issued by the Company. Payment must be tendered at the offices of the Company.
12. The Customer agrees that the amount due and payable to the Company shall be determined and proven by a certificate issued by the Company and signed on its behalf by any duly authorized person, which authority need not be proven. Such certificate shall be binding and shall be conclusive proof of the indebtedness of the Customer and shall be a liquid document for the purposes of obtaining summary judgement herein.
13. The Customer agrees that interest on any monies due to the Company shall be subject to the maximum legal interest rate prescribed law from the date they fall due.
14. The Customer agrees that if an account is not settled in full
(a) against delivery; or
(b) within thirty days of the date of the invoice in the case of Approved Customers, the Company is:
(i) authorised immediately and irrevocably to apply unopposed in the Magistrate’s Court for judgement against the Customer at the sole expense of the Customer, and the Customer irrevocably consents to judgement herein, or
(ii) to cancel the agreement and take possession of any goods delivered to the Customer.
15. In the event of cancellation, the Customer shall be liable to pay
(a) the difference between the selling price and the value of the goods at the time of repossession and
(b) all other costs incurred in the repossession of the goods. The value of repossessed goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be conclusive proof of the value.
16. All goods supplied by the Company remains the property of the Company until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without prior written consent of the Company. Where commodities or items supplied by the Company are used by the Customer in manufacturing new products, such products are deemed to be the property of the Company until such commodities or items have been paid for and may be repossessed by the Company.
17. The Customer shall be liable in advance to the Company for all legal expenses of an attorney and counsel incurred by the Company in the event of any default by the Customer or any litigation regarding the validity and enforceability of this agreement, on an attorney-client basis. The Customer will also be liable for any collection or valuation fees incurred.
18. The Customer agrees that neither the Company not any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
19. The Customer agrees that no indulgence whatsoever by the Company will affect the terms of this agreement or any of the rights of the Company and such indulgence shall not constitute a waiver by the Company in respect of any of its rights herein. Under no circumstances will the Company be stopped from exercising any of its rights in terms of this contract.
20. The Company shall have the right to institute any action in either the Magistrate’s Court or the Supreme Court at its sole discretion.
21. Any document will be deemed duly presented within three days of prepaid registered mail to any of the Customer’s (business or personal) addresses or within 24 hours of being faxed to any of the Customer’s fax numbers (business or personal) or on being delivered by hand to the Customer.
22. The Customer agrees to the standard rates of the Company for any goods or services rendered, which rates may be obtained on request.
23. This contract was concluded in Pretoria.