conditions

Terms-

 

  1. The terms hereof shall form part of and apply to all existing contracts and to all future contracts or other agreements entered into between The Hydraulic Centre (Pty) Limited, Registration Number 1996/016993/07 (“the company”) and the customers of the company (“the applicant”) unless specifically excluded or amended by the company, such exclusion or amendment to be in writing.
  2. Payment in respect of any transaction in terms of which goods are sold and delivered or services rendered by the company shall be due without any deduction or set off within 30 (thirty) days of the date of any statement submitted by the company, unless otherwise agreed to in writing.
  3. The company shall be entitled to charge the applicant interest at the rate of 2% per month above the prime bank lending rate charged by ABSA Bank limited on overdue accounts provided, however, that nothing herein contained shall be interpreted as obliging the company to afford applicant any such indulgence to effect payment after due date.
  4. Notwithstanding that all risks in and to all goods sold by the company to the applicant shall pass on delivery, ownership in all goods sold and delivered shall remain vested in the company until the full purchase price in respect thereof shall have been paid. In the event of a breach of contract by the applicant, he/she being provisionally or finally sequestrated or surrendering his/her estate, or, if a company, placed under business rescue or liquidation, the company shall be entitled forthwith to take possession of the goods without prejudice to any further rights vested in the company and the duly authorized employees of the company are hereby irrevocably authorized to enter into the applicant’s premises to take delivery of such goods.
  5. Delivery shall be completed when goods are off loaded at the destination if the goods are to be transported by means of the company’s vehicle, or, when the goods are loaded if they are to be transported by the applicant or a carrier engaged (whether by the company or the applicant) to transport the goods to the applicant.
  6. A certificate issued under the hand of any director of the company, shall be prima facie evidence of the amount due and owing by the applicant and such certificate shall be sufficient for purposes of summary judgement or provisional sentence.
  7. Invoices and statements rendered to applicant by the company shall be deemed to be prima facie proof of delivery and receipt of the goods reflected thereon to the applicant. In the event of a dispute as to the quality or quantity of goods sold and delivered and their value, the onus of proving that the goods were not delivered and/or that the quantity, quality or price thereof was not in accordance with the agreement, shall be upon the applicant.
  8. Where any payment is effected by cheque or by electronic transfer or where any cheque is sent in the post, all risks arising from the use of a cheque, electronic transfer or the use of the post shall lie with the applicant who shall be liable for all damages/losses sustained as a result thereof.
  9. All prices quoted by the company are strictly net and not subject to any discounts unless otherwise agreed upon in writing.
  10. If any discount is agreed upon in writing it shall only be allowed if payment is received by the company strictly by the due date and shall only apply to the actual price of the goods and/or services themselves and not to any value added tax, transport costs, insurance, storage charges or other duties or taxes.
  1. The company shall endeavour, at all times, to deliver the goods by the agreed delivery date, however, the time of delivery shall not be of the essence of the contract and the applicant shall not be entitled to cancel any agreement of sale should the company fail to deliver the goods on the agreed date. The applicant agrees that the exact delivery time is estimated. In the event of default by the applicant in any respect whatsoever towards the company, the company shall be entitled to place the applicant on “stop supply” without any notice, notwithstanding that the applicant may have placed an order for the supply of goods prior to the “stop supply” date.
  2. Should the company institute action against the applicant it may, at its election, do so in the magistrate’s court, notwithstanding that the amount of the company’s claim would otherwise exceed the jurisdiction of the magistrate’s’ court.
  3. In the event of the applicant breaching any of its obligations and/or failing to timeously make payment of any amount due to the company, the applicant agrees to pay, and shall be liable to pay all legal costs incurred by the company on the attorney and client scale, including collection commission and tracing fees.
  4. No novation of these terms and conditions shall be of any force and effect unless such novation is reduced to writing and signed by a duly authorised director of the company.
  5. No relaxation or indulgence which the company may afford the applicant, as regards the application of any of the terms of these terms and conditions and/or any agreement between the company and the applicant, shall in anyway prejudice or diminish its rights, nor shall it be estopped from exercising such rights by reason thereof or be regarded as having waived any of its rights.
  6. In the event any post-dated cheques are accepted by the company, such acceptance shall be subject to the provision that if any one cheque is returned unpaid, the full balance of the purchase price will immediately become due, owing and payable.
  7. Should any amount due by the applicant to the company be overdue for payment, the full balance then owing by the applicant to the company shall immediately become due and payable notwithstanding that portion of such amount might not otherwise be immediately due and payable.
  8. The applicant, upon signature hereof below, acknowledges awareness of and familiarity with the terms and conditions contained herein and agrees to be bound thereto in respect of all transactions with the company. The signatory further confirms being authorized to sign this credit application form on behalf of the applicant and confirms that the information contained herein is true and correct.
  9. I/we the undersigned do hereby irrevocably bind myself/ourselves in our personal capacities as sureties and co-principal debtors with the applicant for all the obligations of the applicant and all monies owing now and in the future from whatever cause arising by the applicant unto and in favour of the company.
  10. I/we confirm that I/we have read and been acquainted with all the terms and conditions of the application for credit facilities, hereby renouncing the benefits of the legal exception of excussion and division, the full and effect of which I/we am/are acquainted.
  11. We select domi cilium citandi et executandi at the delivery address the applicant specified in paragraph 1 of the application form.
  12. The company warrants and represents that, to the extent that its activities are subject to the Consumer Protection Act No 68 of 2008 (“the CPA”), it shall ensure compliance with the applicable provisions of the CPA in its dealings with consumers, irrespective of the provisions of these terms and conditions.
  1. The applicant acknowledges and confirms that at the time of signing these terms and conditions, its annual turnover or asset value exceeds the threshold determination contemplated in section 6 of the CPA, meaning that the transaction contemplated in terms of this Agreement is exempt from the majority of the provisions of the CPA (“the Threshold Amount”). The applicant undertakes to notify the company, in writing, as soon as there is a material change to its business which results in it falling below the Threshold Amount so that these terms and conditions can, where necessary, be amended to ensure compliance with the CPA.