1.    Definitions

For the purpose of these terms the following words shall have the meanings given to them hen under:

1.1.       The Company – Means RB Fasteners (Pty) Ltd.

1.2.       “The Applicant” – Means the party whose order is accepted by the Company.

1.3.       “Goods” – Means the materials, products and/or services, described in any company form, price list, quotation, delivery note, order, invoice or acceptance of order.

I, the Applicant/Authorized representative of the Applicant hereby apply for a credit facility in consideration whereof I bind myself and the Applicant to the following terms and conditions which I acknowledge I am fully acquainted with:

2.    National Credit Act

The Applicant hereby acknowledge that the credit facility to be afforded to it may be an incidental credit agreement in terms of the National Credit Act of 2005 and in the circumstances the Act has limited application to this application.

 

3.    Orders

3.1.       Orders by the Applicant may be verbal or in writing and shall constitute an irrevocable offer by the Applicant to the Company for goods.

3.2.       It is the sole responsibility of the Applicant to ensure that any verbal order placed by the applicant is received correctly and accurately by the Company and that the applicant must confirm the verbal order in writing to avoid any misunderstanding.

3.3.       The onus will at all times be on the Applicant to ensure that a verbal quotation obtained, or verbal order placed are documented, failing which the Company’s invoice shall be regarded as the final and correct version of the quotation or order.

3.4.       The Company may require the Applicant to provide an order number prior to acceptance of the order.

3.5.       No variation or cancellation of an order shall be binding on the Company unless the Company consents thereto in writing.

3.6.       The Company’s price list and quotations furnished from time to time are for information only and do not constitute an offer for sale and may be varied at any time by the Company without notice to the Applicant.

3.7.       A delivery note or invoice signed by the Applicant or the Applicant’s employee, agent or carrier shall constitute prima facia evidence as receipt of the goods by the Applicant as well as the date of such receipt.

3.8.       Delivered goods may only be returned with the written approval of the Company subject to such conditions and charges as the Company may specify.

3.9.       Non-stock items: All orders for specially manufactured and/or non-stock items can and will not be cancelled and are not returnable and/or refundable.

3.10.    The Company will quote the Applicant on cutting of goods and the plating of goods and will only upon the Applicant’s written acceptance of the price and delivery time commence with work thereon.

4.    Delivery

4.1.       Dates for delivery are approximate and time of delivery is not an essential term.

4.2.       The Company shall not be liable for any damages resulting from the delay in delivery and the Applicant shall not be entitled to cancel any order by reason of that delay.

5.    Defects

5.1.       The Applicant shall notify the Company in writing, as per 5.2 below, within 7 days from date of delivery of any defective goods received by the Applicant.

5.2.       The Applicant shall specify any alleged defective delivery in the delivery note. No other notification of defective delivery will be remedied by the Company.

5.3.       The Company may elect, in its sole discretion to remedy the delivery by replacing the goods or crediting the Applicant with the invoiced value of the defective goods subject to the provisions of clause 8.7.

6.    Payment

6.1.       Payment of goods shall be on or before the last working day of the month following the month in which the goods were delivered.

6.2.       The onus of making the payment shall be on the Applicant and payment shall be regarded as having been made:

6.2.1.     If a payment is made in cash against such receipt;

6.2.2.     If a payment is made by cheque or direct deposit, when the proceeds of that cheque or direct deposit have been cleared in the Company’s bank account.

6.2.3.     If payment is made by electronic transfer, when the proceeds of the transfer reflect in the Company’s bank account.

6.3.       The Applicant shall automatically forfeit (without prior notice), any settlement discount (if any) in respect of any goods in the event that the Applicant fails to pay for those goods on the due date.

7.    Breach

7.1.       If the Applicant fails to make payment of any amount on the due date, or commits any other breach of this agreement the Company shall be entitled without limiting any other rights which it may have whether in terms of this agreement or otherwise, to forthwith:

7.1.1.     Claim immediate payment of all outstanding amounts whether due or not; and/or

7.1.2.     Cancel any order or retake possession of the goods; and/or

7.1.3.     Suspend further deliveries.

7.2.       A certificate signed by a director or manager of ‘The Company”, showing the amount owing by the Applicant at any one time and reflecting the amount thereupon as due and unpaid shall be prima facia proof of the effects therein stated for the purpose of any action, (whether by way of Provisional Sentence or otherwise) proof of debt on insolvency or any purpose whatsoever.

7.3.       Notwithstanding any amount which may at any time be owing, the Applicant consents in terms of Section 45 of the Magistrate’s Court Act (No 32 of 1944, as amended) to the jurisdiction of the Magistrate’s Court in any action or proceeding otherwise beyond its jurisdiction, it being understood however that the Company shall at all times be entitled to bring such action or proceeding in the High Court.

7.4.       The Applicant agrees to pay all cost and disbursement incurred by the Company, as between attorney and his own client including pre-litigation costs and collection commission, as a result of any breach. by the Applicant of any condition contained in this document.

7.5.       The Applicant consents to the Company conducting a credit enquiry in respect of the Applicant and to the transmitting of any information to a credit bureau regarding the Applicant’s performance or non-performance.

8.    Indemnity

8.1.       Any indulgence shown to the Applicant shall not constitute a waiver or novation of the Company’s rights.

8.2.       The Company shall not be liable for any loss of profit or any damages direct or indirect consequential or otherwise (including that of pure economic loss) whether arising from the late delivery of any goods or services or any other cause whatsoever.

8.3.       Any claim by the Applicant for defective goods shall be limited and subject to the remedies referred to in clause 3.8, clause 3.9, clause 3.10, clause4.2, clause 5, and clause 8.3.

8.4.       The Applicant hereby agrees. all goods are sold voetstoots, that it is a condition of supply of goods and the rendering of service by the Company to the Applicant that neither the Company nor its Directors. employees nor agents shall be responsible for any injury to or death of any person or the loss or destruction of or damage to any property or any damages of any kind including, but not limited to, pure economic loss. arising from the supply or non-supply of any goods or the rendering of any services to the Applicant and in particular any chemical, heat coating or other treatment performed by any person upon the goods or any other cause of whatsoever nature or kind and by whomsoever caused, whether arising from the negligence (gross or otherwise) or wrongful act of any person In the employee of the Company or otherwise.

8.5.       The Applicant waives all such claims and furthermore hereby indemnifies and holds harmless the Company and such persons against any claim, as contemplated above that may be made against the Company or such persons by the Applicant the purchaser of the goods from the Applicant and all subsequent purchasers and users of such goods and all other third parties.

8.6.       The Company will not be held responsible and/or liable for the Aftermarket plated/coated fasteners of any material These are regarded as treatments which will be done on the finished product, requested by the Applicant, and whom will solely carry responsibility hereof.

8.7.       The Company shall not be deemed in default of this Agreement, nor shall it hold liable and/ responsible for any cessation. interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout. boycott or other similar events beyond the reasonable control of the Party (“Force Majeure Event’).

8.8.       The Applicant shall not be entitled to withhold payment of any sums after they become due by reason of any right of set-off counterclaim which the Customer may have or allege to have for any other reason whatsoever.

9.    Ownership and Risk

9.1.       Notwithstanding delivery to the Applicant or any third party all goods sold shall remain the Company’s sole and absolute property until full payment has been made by the Applicant.

9.2.       Risk in respect of the goods shall pass to the applicant on delivery.