Credit Application

The undermentioned conditions shall govern all dealings whether for cash or credit between Passionate About Meats (Pty) Ltd (hereinafter referred to as “the Supplier”) and the Applicant (hereinafter referred to as “the Customer”) and shall prevail notwithstanding any terms, conditions or stipulations contained in the Customer’s order or elsewhere that may be in conflict herewith.

1. ORDERS

Orders shall be executed at the discretion of the Supplier and the mere receipt by the Supplier of an order shall not oblige the Supplier to supply or sell the goods ordered to the Customer.

2. PRICES

(a) All quoted prices and printed price lists are subject to alteration without prior notification to the Customer.

(b) Possession of a Price List or Pamphlet by the Customer shall not be construed as an offer by the Supplier to sell the goods listed at the prices stated.

(c) All goods will be invoiced at the ruling price as reflected in the Supplier price list as at the date of dispatch.

(d) Price lists and quoted prices are based on the full quantities and standard sizes specified in such lists and any variation in quantity, size, specification or other variation requested by the Customer shall entitle the Supplier to adjust the prices at its discretion and such adjusted prices shall be binding on and shall be deemed to have been accepted by the Customer as the Supplier’s usual, alternatively fair and reasonable prices for the goods sold.

(e) Should the Supplier at any time agree to grant any discount off its list prices, such discount is only granted on the basis that the Supplier reserves the right to withdraw the discount at any time and at its sole discretion.

3. PAYMENT TERMS

(a) The decision whether or not to grant credit facilities to the Customer and the extent of such facilities shall be taken solely at the discretion of the Supplier and any credit facilities granted, may be revoked or reduced by the Supplier at any time without notice.

(b) Payment for goods supplied to the Customer shall be made in cash on delivery of the goods to the Customer, unless credit facilities have been granted by the Supplier and are in force. In the event of credit facilities being in force, the Customer consents to adhere to the Supplier’s standard payment terms, which means that payment is due 7 (seven) days from date of invoice, unless otherwise agreed to in writing by the Supplier. Payment may be made in cash, by cheque or by electronic funds transfer.

(c) Payment will be deemed to have been made only when the amount of the payment is correctly reflected as a credit in the banking account of the Supplier and provided that the amount is in fact paid. Payment must be made free of any deductions, set off or exchange. Any bank charges levied on the payment will be for the Customer’s account.

(d) Notwithstanding the fact that a number of separate deliveries may constitute one order, each delivery shall be invoiced on dispatch thereof and each invoice shall be deemed to be a separate account and shall be payable accordingly.

(e) Accounts could be placed on “stop supply” in the event that payment is not made more in terms of paragraph 3 (b) above.

(f) In the event of the Customer defaulting on any payment due and/or failing to make any payment timeously and/or committing any act of insolvency and/or assigning or surrendering his/its rights and/or suffering any default judgment against him/it which remains unsatisfied for more than 14 days and/or being sequestrated, liquidated or placed under judicial management or otherwise wound up, whether provisionally or finally ad/or entering into any compromise with any of his/its creditors, then the Supplier shall have the right, without prejudice to any other rights which it may have at law or in terms of this Agreement, to discontinue supplying the Customer and to claim immediate payment of any and all amounts outstanding whether or not payment of such amounts would otherwise be due and owing, together with costs and interest as set out hereunder which may have accrued on such amount and which amount shall in such event immediately become fully due, owing and payable.

(g) In the event of the Customer failing to make payment of any amount owing to the Supplier within 30 (thirty) days of the due date for such payment, the Customer shall, in addition to such amount, pay to the Supplier interest thereon from due date to date of payment calculated at a rate equivalent to the ruling prime overdraft rate charged by FNB Bank Limited plus 4% (four percent).

(h) A certificate signed by any manager of the Supplier stating the Customer’s indebtedness, including interest, as at the given date shall be prima facie proof of the amount and validity of such indebtedness for the purpose of legal proceedings instituted by the Supplier against the Customer.

(i) Ownership of the goods sold shall only pass to the Customer on receipt by the Supplier of all amounts owing by the Customer to the Supplier, whether arising from such sale or from any other transaction. Prior to payment of the aforesaid amount, ownership of the goods shall continue to vest in the Supplier.

4. SURETYSHIP

The signatory/ies, having renounced the benefits of excussion and division, hereby bind himself/themselves jointly and severally as surety and co-principal debtor in solidium with the Customer unto and in favour of the Supplier, for the due performance by the Customer for all its obligations to the Supplier.

5. CONSENT TO CREDIT CHECKING

The Customer hereby acknowledges and agrees that:

(a) The supplier may carry out a credit check with one or more licensed credit agencies, which will retain a record of that search.

(b) In the event of this account going into default, relevant details will be recorded with a credit agency. Such recorded information may be used by other lenders in assessing any application for credit by the Customer and members of the Customer’s household, and for occasional debt tracing and fraud prevention purposes.

(c) The existence of this account may be recorded with a credit agency.

(d) This information may be used by the Supplier in assessing future credit applications by the Customer and member of his household, and for occasional debt tracing and fraud prevention.

(e) Where this account is in arrears, or any outstanding sum is not liquidated in full on due date, the Supplier is hereby irrevocably authorized, without further reference or notice to the Customer to disclose such arrears or failure to a credit bureau.

6. DELIVERY / SUPPLY

(a) Unless otherwise specified, goods will be delivered or supplied (as the case may be) as soon as possible after receipt of order. However, orders are accepted subject to delays due to availability of labour and/or materials or other causes beyond the Supplier’s control and no liability whatsoever shall attach to the Supplier for failure to deliver / supply the goods on due date.

(b) Time of delivery and availability are subject to alteration without prior notice. A delivery fee will be levied at the discretion of the Supplier in cases where there the delivery is not part of a bulk dispatch.

(c) The Supplier shall not be liable for any damage or discrepancy of any nature upon delivery of the goods by its own transport, unless the delivery note is qualified and endorsed by the Customer or its duly authorized agent accordingly, giving full details of such damage or discrepancy. Failing such qualification and endorsement, the Customer shall take full responsibility for any damage or discrepancy regardless of whether or not the relevant delivery note is signed on behalf of the Customer. Where delivery notes are endorsed “not checked” or words to that effect, the Customer shall take full responsibility for any damage or discrepancy unless full written details of any damage or discrepancy reach the Supplier with 24 hours of the time of delivery.

(d) The Supplier shall not be liable for any damage of any nature when goods have been transported by carriers other than its own transport, including any transport of the goods by the Customer.

(e) It is specifically recorded that all risks in and to the goods shall pass to the Customer on delivery, or in the event that the Customer collects the goods from the Supplier directly, then all risks in and to the goods shall pass to the Customer on collection.

(f) The Supplier will not accept return of any goods unless by prior written consent, which consent must be requested and obtained within one week of delivery of the goods to the Customer. Once such consent is obtained, then the Customer must ensure that the goods are returned to the Supplier within 7 (seven) days of such consent being obtained.

(g) All goods are sold “voetstoots” and no complaint relating to the quality of the goods will not be considered by the Supplier unless the supplier has been notified of such complaints immediately upon delivery of the goods and full written details reach the Supplier within 24 hours of the time of delivery.

(h) The supplier shall not be liable for damages, whether direct or indirect, consequential or otherwise as the result of any defect in the goods or delay in delivery or arising from any cause whatsoever.

7. CUSTOMER’S BUSINESS

(a) Should the Customer change its name or dispose of the business to a third party at any time, then all amounts owing by the Customer shall become immediately due and payable by the Customer to the Supplier, despite any credit facilities granted herein.

(b) The Customer undertakes to notify the Supplier in writing of the change of name, alternatively the name and address of the third party to whom the business has been disposed of as the case may be.

(c) The rights, terms and conditions contained in this document shall be binding on the Customer notwithstanding the disposal of the business to the third party until such time as the third party has assumed the liabilities of the Customer towards the Supplier in a manner acceptable to the Supplier.

8. LEGAL AND COLLECTION COSTS

In the event of any action being taken by the Supplier against the Customer for collection of any amounts due to the Supplier by the Customer, then the Customer agrees to pay any and all other ancillary charges or expenses relating to such action, including but not limited to legal fees on an attorney and own client scale, tracing charges and collection commission.

9. DOMICILIUM CITANDI ET EXECUTANDI

The Customer and the surety/ies choose as their domicilium citandi et executandi for all purposes hereunder the physical addresses appearing on the face of the credit application form.

10. MAGISTRATE’S COURT JURISDICTION

The Customer by its signature hereof hereby irrevocably consents to the jurisdiction of the Magistrate’s Court notwithstanding the fact that the amount being claimed by the supplier may otherwise exceed the jurisdiction of the Magistrate’s Court. The Supplier shall, however, not be obliged to proceed in the Magistrate’s Court and shall at its election be entitled to proceed in any other competent Court having jurisdiction.

11. WARRANTIES

No warranties, representations or guarantees have been made by the Supplier or on its behalf which may have induced the Customer and/or the surety/ies to sign this document.

12. EXECUTION OF DOCUMENT

(a) Notwithstanding that this document may not be signed by the Customer and/or surety/ies, acceptance of the first delivery by the Customer constitutes the acceptance by the Customer and/or surety/ies of the terms and conditions contained herein.

(b) This document may be executed in counterparts and signature on a facsimile copy is acceptable.

WE ACKNOWLEDGE HAVING READ THE ABOVE TERMS AND CONDITIONS, ESPECIALLY CLAUSE 4, AND WITHOUT LIMITING THE GENERALITY THEREOF, WE AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS.