(021) 931-2218
info@unmet.co.za
UNMET PRECISION CUTTING (PTY) LTD STANDARD TERMS AND CONDITIONS
THE APPLICANT or its duly authorized agent does hereby apply for credit facilities with UNMET PRECISION CUTTING (PTY) LTD. and in consideration thereof THE APPLICANT does hereby accept the following terms and conditions:
1. Credit terms. THE APPLICANT agrees that the amount reflected in a Tax Invoice as issued by UNMET PRECISION CUTTING (PTY) LTD shall be due and payable unconditionally by either(a) Cash on Delivery; or (b) if THE APPLICANT is a Credit Approved Customer, within 30 days from the end of the month in which a Tax Invoice has been issued by UNMET PRECISION CUTTING (PTY) LTD. Settlement is effected only on receipt of cash or due honour of cheque or similar payment instrument and shall be made to UNMET PRECISION CUTTING (PTY) LTD free of exchange and without deductions of any nature. Any credit facilities granted to THE APPLICANT by UNMET PRECISION CUTTING (PTY) LTD is entirely at the discretion of UNMET PRECISION CUTTING (PTY) LTD, and may be withdrawn at any time.
2. Change of address. THE APPLICANT undertakes to notify UNMET PRECISION CUTTING (PTY) LTD in writing within 7 (seven) days of any change of address.
3. Change of ownership. THE APPLICANT undertakes to notify UNMET PRECISION CUTTING (PTY) LTD, in writing, within twenty days of any change in Ownership of THE APPLICANT’S business, or should THE APPLICANT be a company, of its share transactions whereby the majority shareholding is affected. THE APPLICANT acknowledges that immediately upon any change of Ownership in THE APPLICANT any outstanding amount whether due or not shall be deemed to be forthwith payable by THE APPLICANT to UNMET PRECISION CUTTING (PTY) LTD.
4. Domicilium. THE APPLICANT and the signatory hereto choose the Domicilium Citandi et Executandi (in other words, the address at which the Applicant and the signatory will accept all notices, legal documents and the like, whether or not the Applicant and/or the signatory is still at the address chosen) for all purposes arising out of this application at the physical address stipulated in the first section of this application.
5. Consent to sharing information. THE APPLICANT specifically warrants that UNMET PRECISION CUTTING (PTY) LTD has consent to:- 5.1 Carry out a credit enquiry from time to time with one or more credit bureaus, credit information agents, credit insurance companies or other creditors (trade references) of THE APPLICANT’S in terms of this agreement. 5.2 UNMET PRECISION CUTTING (PTY) LTD may transmit details to credit bureaus, credit information agents, credit insurance companies or other creditors of THE APPLICANT’S on how THE APPLICANT has performed in meeting his/her/its obligations in terms of this agreement. Such information is shared for purposes of making risk management decisions and preventing fraud. 5.3 If THE APPLICANT fails to meet his/her/its commitments to UNMET PRECISION CUTTING (PTY) LTD, UNMET PRECISION CUTTING (PTY) LTD may record THE APPLICANT 'S non-performance with credit bureaus, credit information agents, credit insurance companies or other creditors of THE APPLICANT.
6. Pricing increments. Prices quoted by UNMET PRECISION CUTTING (PTY) LTD are determined from time to time and are subject to increases, at the discretion of UNMET PRECISION CUTTING (PTY) LTD. UNMET PRECISION CUTTING (PTY) LTD shall be entitled to increase the cost of goods delivered or services rendered to THE APPLICANT with prior written notice.
7. Valid orders. In the event of any order being given to UNMET PRECISION CUTTING (PTY) LTD on an order form reflecting THE APPLICANT’S name as the entity from which the order emanates, such order shall be deemed to have emanated from THE APPLICANT, notwithstanding the fact that such order may have been given or signed by a person not authorised by THE APPLICANT, and such order will be deemed to constitute valid delivery. It is further the sole responsibility of THE APPLICANT to determine that goods ordered are suitable for the purposes of the intended use.
8. Delivery 8.1 THE APPLICANT agrees that the signature of any agent, contractor, sub-contractor or employee of THE APPLICANT on UNMET PRECISION CUTTING (PTY) LTD official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will constitute valid delivery of the goods purchased. 8.2 Any delivery date stated on any order confirmation is approximate only. UNMET PRECISION CUTTING (PTY) LTD shall not be bound by that date, but will make all reasonable efforts to deliver by that date. 8.3 Whilst UNMET PRECISION CUTTING (PTY) LTD will endeavour to ensure that goods are delivered timeously, it shall not be responsible for any delays in the delivery of such goods, and THE APPLICANT shall not be entitled to refuse acceptance of such late deliveries. 8.4 The risk in and to the goods shall pass from UNMET PRECISION CUTTING (PTY) LTD to THE APPLICANT at the time of delivery notwithstanding that ownership will not pass to THE APPLICANT until full payment of the purchase price. Delivery shall be deemed to have taken place against signature of UNMET PRECISION CUTTING (PTY) LTD delivery note, proof of posting if the goods are posted to THE APPLICANT or delivery to the South African Transport Services or Road Carrier if the goods are railed or transported by UNMET PRECISION CUTTING (PTY) LTD. The Post Office/South African Transport Services or Road Carrier shall act as the agent of THE APPLICANT.
9. Copyright. THE APPLICANT acknowledges UNMET PRECISION CUTTING (PTY) LTD intellectual property rights in the goods and shall not infringe such intellectual property rights.
10. Payment to UNMET PRECISION CUTTING (PTY) LTD. UNMET PRECISION CUTTING (PTY) LTD does not appoint the Post Office as its agents for payments by post. All payments shall be made to UNMET PRECISION CUTTING (PTY) LTD place of business from where the goods were ordered. In the event of any payments being mislaid; lost in the post; or transferred to the incorrect banking account THE APPLICANT shall still be liable to UNMET PRECISION CUTTING (PTY) LTD for payment. Should UNMET PRECISION CUTTING (PTY) LTD at any time advise THE APPLICANT of any change to UNMET PRECISION CUTTING (PTY) LTD banking account details THE APPLICANT shall confirm such change with a Manager of UNMET PRECISION CUTTING (PTY) LTD before effecting any further payments, provided however that nothing contained herein shall be interpreted as obliging UNMET PRECISION CUTTING (PTY) LTD to afford THE APPLICANT any such indulgence to effect payment after due date.
11. Reservation of ownership. Until such time as THE APPLICANT has paid the purchase price in full in respect of any purchase of goods, the ownership in and to all such goods shall remain vested in UNMET PRECISION CUTTING (PTY) LTD. UNMET PRECISION CUTTING (PTY) LTD shall, in its sole discretion, without notice to THE APPLICANT, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event THE APPLICANT shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by UNMET PRECISION CUTTING (PTY) LTD. THE APPLICANT hereby waives any right it may have for a spoliation order against UNMET PRECISION CUTTING (PTY) LTD in the event that UNMET PRECISION CUTTING (PTY) LTD takes possession of any goods.
12. Responsibility for losses, damages or delays. UNMET PRECISION CUTTING (PTY) LTD will not be in any way responsible for losses; consequential losses; damages or delays caused by or arising from natural disasters, unavoidable accidents of any kind, acts of the State’s enemies, riots, lockouts, cessation of labour, transport delays, shortened hours of labour, insurrection, war, the imposition of any trade boycotts or sanctions of trade restrictions by any government, authority, company or organization or person or persons, whether within the Republic of South Africa or anywhere else, or any other cause or contingency whatsoever beyond the control of UNMET PRECISION CUTTING (PTY) LTD.
13. Defaulting in payment. In the event of THE APPLICANT defaulting in making payment of any amount that has become due and owing, then the full balance outstanding (whether due or not) will immediately become due and payable without notice to THE APPLICANT.
14. Interest on overdue accounts. UNMET PRECISION CUTTING (PTY) LTD shall be entitled to charge THE APPLICANT interest at the rate of 2% (two percent) per month from the moment the debt is overdue, provided however, that nothing contained herein shall be interpreted as UNMET PRECISION CUTTING (PTY) LTD affording THE APPLICANT any indulgence to make payment after due date.
15. Proof of Claims. A certificate signed by a manager or any director of UNMET PRECISION CUTTING (PTY) LTD - whose position and signature shall not be necessary to prove - reflecting the amount owing by THE APPLICANT to UNMET PRECISION CUTTING (PTY) LTD, in respect of the credit facilities granted to THE APPLICANT relating to THE APPLICANT’S dealings with UNMET PRECISION CUTTING (PTY) LTD, and of the fact that such amount is due, owing and unpaid shall be considered as adequate proof – on its mere production – of the outstanding amount for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims is required to be established, and it shall rest with THE APPLICANT to prove that such amount is not owning and/or due and unpaid.
16. Consent to jurisdiction. Notwithstanding the amount which may at any time be owing by THE APPLICANT to UNMET PRECISION CUTTING (PTY) LTD, the parties do hereby consent, in terms of Section 45 of the Magistrates Court Act (No 32 of 1944 as amended), to the Jurisdiction of the Cape Town Magistrate’s Court for the determination of any action or proceeding which may be brought by UNMET PRECISION CUTTING (PTY) LTD against THE APPLICANT arising out of any transaction between the parties, it being recorded that UNMET PRECISION CUTTING (PTY) LTD shall be entitled, but not obliged, to bring any action or proceeding in the said court.
17. Recovery of legal /collection costs. Should UNMET PRECISION CUTTING (PTY) LTD instruct its attorneys or collection agent to collect any overdue amounts, or to take any action against THE APPLICANT in the implementation or protection of UNMET PRECISION CUTTING (PTY) LTD rights, UNMET PRECISION CUTTING (PTY) LTD shall be entitled to the recovery of all legal or collection costs arising there from, on the scale as between attorney, agent or collection agency and own client.
18. Non-waiver of rights. Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on the part of UNMET PRECISION CUTTING (PTY) LTD shall not in any way operate as or be deemed to be a waiver by UNMET PRECISION CUTTING (PTY) LTD of any rights under this contract, or be construed as a novation thereof.
19. Severability of clauses. Each clause of these conditions of sale is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect.
20. Entire agreement. This contract contains the entire agreement between the parties and any other terms thereof whether express or implied or excluded herefrom and any variations, cancellations or additions to this contract shall not be of any force or effect unless reduced to writing and signed by the parties or their duly authorised signatories. The agreement shall be governed by the laws of the Republic of South Africa. THE APPLICANT by his/her/ their signatures hereunder, confirm that the information submitted in this application is true and correct in all respects and that they are entirely familiar with the terms and conditions contained herein.