Terms and Conditions(i) Anywhere in this Agreement that refers to the singular also means the plural or the other way around, as the case may be.
(ii) The address which you choose to accept service of all documents on yourself will be, for all purposes, your Postal Address overleaf. You shall therefor be deemed to have received any letters or notice on the 8th day after the date of posting or on the day the notice or letter was delivered or telefaxed to the abovementioned address.
(iii) Each phrase, sentence, paragraph and clause in this Agreement can be separated the one from the other irrespective of how they may be linked together and if a court orders any phrase, sentence, paragraph or clause to be defective or unenforceable, the remaining part of the Agreement shall still be of full force and effect.
1. The period of this Agreement is the period stated. After the initial period the Agreement shall run indefinitely until either of us gives the other thirty days written notice of termination.
2. You and we both agree that the rights in this Agreement and in the ownership of the goods is held, and remains with us, or anyone we have transferred our rights to, and that noting in this Agreement shall be taken to mean that ownership may pass to you, or that you have any interest in the Agreement or the goods other than as the user thereof.
3. We both agree that this Agreement applies only to the hiring of the services, which you have accepted “as is” and that the initial period does not include any payment in respect of service or maintenance. You and we agree that there is no service or maintenance agreement between you and us, and if you require one it should be obtained from the supplier of the goods. You agree that any dispute in respect of the services, their maintenance or any other agreement you may have, will not entitled to withhold any service agreement payments.
4. We both agree that the amount of the services will increase from time to time in accordance with increases in the CPIX plus 5% In addition, you agree that the prevailing service will increase once per year on the anniversary of the contract start date by the annual escalation percentage cumulatively.
5. You shall insure the goods for their replacement cost with a registered insurer for as long as you have them, and advise the insurer of our ownership and our rights in and to the goods. You agree that you will notify us, in writing within fourteen days, if any of the goods are lost, stolen or damaged.
6. If you breach any of the conditions or terms of this Agreement, or fail to pay any amounts due to us, or if you become insolvent, or compromise with any of your creditors, or if you have made false statements in connection with this Agreement or our ownership of the goods, or you allow any judgement that has been granted against you to remain unsatisfied for more than seven days, or if you are subject to a final or provisional order of liquidation or surrender, or if you are an individual and your estate is provisionally sequestrated, then you agree that we have the right (without affecting any of our other rights) to:
6.1. Claim immediate payment of all amounts which have been payable in terms of this Agreement until expiry of the services period stated, whether such amounts are then due for payment or not.
7. If we grant you an extension of time, in order to pay, or any other indulgence, this does not mean that we have given up any of our rights in this Agreement. You agree that we are entitled to charge interest on overdue amounts, including damages, at a rate of six percent per annum over prime.
8. A certificate signed by any of our managers, certifying the amount due by you will on the face of it, be the amount of your indebtedness. It shall not be necessary to prove the appointment of the person signing such certificate.
9. You agree the Value Added Tax (VAT), or any other taxes which may become applicable during the period of this Agreement will be payable by you.
10. You agree to pay the monthly services, in advance, every month, without the necessity of us having to send you a monthly statement. Paying on time is an essential condition of this Agreement.
11. You agree to keep the goods in a secure and suitable place and use them according to the manufacturer’s directions. Should you wish to relocate the goods or the accessories you must obtain our prior approval in writing. Upon cancellation or termination of this Agreement you agree, at your expense, to return the goods to us in good condition.
12. You may not transfer your rights in terms of this Agreement, nor part with possession of the goods to any other party without obtaining our written consent. We may transfer our rights in terms of this Agreement or our ownership of the goods to any other party. You agree that, if we transfer, you will hold the goods and continue to fulfill your obligations to the new owners of the rights to this Agreement and/or the goods.
13. The services period will begin from when we sign this Agreement. The first payment will become due when you sign, and thereafter on the first day of every succeeding month.
14. We both agree that this is the entire Agreement, regardless of any representations that may have been made regarding the goods or this Agreement and no variation, waiver, suspension or extension of time shall be of any force or effect unless in writing and signed by both you and us.
15. You agree that the Magistrate’s Court shall have jurisdiction over any proceedings that arise as a result of this Agreement, but we have the right to institute proceedings in the High Court if we so wish, and that you will be liable to pay all costs on an attorney and own client basis if we decide to use our attorney to recover monies owed to us in terms of this Agreement.
16. You acknowledge and agree:
16.1. that you selected and inspected the goods prior to signing this Agreement and are satisfied with the goods and that they suit your purpose;
16.2. that all warranties implied by the Common Law are excluded and that no representations of any nature have been made by or on behalf of us; and
16.3. once this Agreement is signed by you, all the risk in the goods pass to you.
17. You agree that if a claim is made on the insurance policy for the loss of the goods, you will be responsible to pay any excess.
18. If you fail to return the goods after this Agreement has expired, then in addition to any other claims that we may have against you, you will still be liable to continue to pay the services as if the Agreement had not expired.
19. If any of the goods are lost or stolen, and not recovered within a period of 21 days after such loss or theft, or are damaged beyond repair, then you agree that this Agreement will terminate in respect of such goods unless, we at our option decide to replace such goods with other goods of a similar nature and condition, and thereafter this Agreement shall continue to apply equally to the replacement goods which you will accept accordingly. Any dispute in this regard shall be referred to any sworn valuator selected by us who shall act as an expert and whose decision shall be final and binding on you and us.
20. If this Agreement is terminated, then you will immediately pay to us all arrear services as well as the total of all the future services which would have been payable that the Agreement continued until the expiry of the period less any proceeds received by us from any insurance claims.
21. If we breach or cancel or attempt to cancel this Agreement, you may only cancel or accept our cancellation if you have first given us 14(fourteen) days notice in writing to remedy such breach or withdraw our cancellation.
22. You confirm having agreed on your behalf and on behalf of your directors, shareholders, members and associates that we are entitled at any time to communicate with any registered Credit Bureau to obtain any information relating to your payment behavior, credit worthiness or defaults, and that such information may be disclosed to any other person.