1  Delivery of goods is taken at the creditor's premises and goods are despached at the cost, risk and peril of the applicant.

2  Goods returned shall not be accepted for credit.

3  Complaints/claims/credits will only be entertained if recieved by the creditor in writing within 30 days of the goods bieng delivered.

4  Every effort will be made to carry out the contract but it's due performance is subject to cancellation by the creditor or to such variation as the creditor may find nessesary as a result of inability to secure labour, materials or supplies or as a result of any act of god, war, strike, lock-out or other labour dispute, fire, flood, drought, legislation or other cause beyond it's control.

5  Every reasonable effort will be made to adhere to the delivery date where one was stated, but failure to do so shall not give cause for cancellation of the order.

6  The creditor shall not be liable for any direct, indirect or consequential loss or for any other loss including loss to the aplicant arising from third party claims or non performance by the creditor howsoever arising.

7  The applicants faliure/ refusal to take delivery of the goods will in no way effect liability for payment.

8  The creditor reserves the right for full retention of title and copywrite that subsist therein until the goods are paid for in full.

9  The onus falls on the applicant to determine the suitability for goods purchased. The creditor gives no warranty, expressed or implied to the suitability thereof for any purpose whatsoever.

10 The creditor reserves it's right to not supply any matter which in the opinion of the creditor is illegal or deflamatory.

11  The applicant indemnifies the creditor against any claims, costs and any expenses arising out of infringement of copywrite, trade marks, patent or design.

12 Any matter recieved by the creditor from the applicant shall be held at the applicant's risk.

13  Quotations are issued exclusive of sales tax and are valid for a period of 30 days.

14 The creditor reserves it's right to only supply pre-production sampeling or any other goods following the acceptance of the creditors quotation by the applicant and the reciept of a purchase order from the applicant and, where applicable the reciept of the applicant's signature of approval of final artwork.

15  The applicant shall be liable for all costs pertaining to the supply of pre-production sameling and or artwork, following a period of thirty days, where th applicant failed to purchase goods for a quantity equal to the minimum quantity as quoted to the applicant by the creditor.

16    Where the applicant requests the supply of goods without the supply and signed approval for pre-production sampling and or artwork, the creditor will endevour to supply the goods to the best of it's capabilities and the applicant shall have no claim against the creditor in any direct, indirect or cosequential manner howsoever arising.

17  The creditor reserves the right to over or under deliver by a margin of 10% on all ordered quantities by the applicant

18  Where nessesary the creditor may recover from the applicant increases in the cost of production pertaining to the exchange control fluctuations during the period of acceptance of  and delivery of the applicants order.

19  In the event of the applicant defaulting in making payment of any amount that has become due the creditor may suspend deliveries without notice and predudice to any legal remedy until the due payment has been made. Any amount in respect of goods completed but not delivered shall thereupon forthwith become due and payable. Moreover after the expiration date of 14 days notice the creditor may excersise a general lien on all the applicants goods and property in the debtors possession and may dispose of such goods and property as the creditor sees fit and apply the proceeds towards such debts. The creditor may also elect to cancell and not supply any unmade balance of any purchase, order or contract and recover from the applicant any loss by so doing.

20  A certificate is issued and signed by the creditor,  a member thereof or duly authorised manager whose authority need not be proved, stating the amount owing by the applicant and or the rate of finance charges applicable to this contract is prima facie proof of the facts stated therein and may be used in support of any application for judgement by default or summary judgement.

21  All invoice amounts are payable net free of bank exchange at the suppliers office. Overdue accounts will bear interest at the maximum rate prescribed by the usary act (act number 73 of 1968 as amended).

22  In the event of legal action being taken against the applicant, the latter will be liable for all costs incurred on the scale as between attourney and client, including collection commission.

23  The applicant hereby consents to the jurisdiction of the magistrate's court in any dispute arising out of this contract but the creditor shall always have the option of taking proceedings before any devision of the supreme court of South Africa or the courts of the country or the domicile of the applicant.

24  Where the applicant claims exception from payment of sales tax in terms of the sales tax act (act number 103 of 1978, as amended), or for any other reason whatsoever, the applicant keeps the creditor indemnified and holds it harmless against any claim or payment of sales tax.

25  No variation of, addition to or cancellation of any of the terms and conditions of this contract will be valid unless reduced to in writing by both parties.   


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