THE COMPANY’S STANDARD TERMS AND CONDITION OF SALE
1.1′ In these Conditions, the following terms shall have the meanings assigned to them hereunder:
1.1.1 “The Application for Credit Facilities” means the application to the Company by the Customer for credit facilities in respect of the future business relationship with the Company to which this document is attached and in respect of which the Customer, by applying for such credit terms, agrees to be bound in all and every respect.
1.1.2 “The Company” means Ambleside Meats CC. Registration No. 1999/014828/23
1.1.3 “The Customer” means any person, firm, company, close corporation or association on whose request or on whose behalf, The Company undertakes any-business or delivers any goods or provides any service.
1.1.4 “Goods” means any meat products or other products owned, controlled or handled by the Company whether as principal or agent.
1.1.5 “Signatory” means the person or persons signing the application for credit facilities on behalf of the Customer and binding the Customer to the Standard Trading Terms and Conditions of the Company.
1.2 The head notes to these terms and conditions are for the purpose of reference only and shall not govern the interpretation thereof.
1:3 Words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and words importing persons shall include companies and vice versa
1.4 The terms and conditions shall be binding on and enforceable against the assigns, liquidators, curators or any other legal representative of the Customer as fully and effectually as if they had signed the application for Credit Facilities in the first place and reference to the Customer shall be deemed to include its assigns, liquidators, curators and any other legal representatives as the case may be.
- PURCHASE PRICE
2.1 The price charged will be those applicable at the date of despatch of the goods unless otherwise agreed in writing.
2.2 All prices quoted reflect prices before VAT.
2.3 In the event that the rate of VAT increases or decreases or VAT is withdrawn, the respective amounts payable shall be adjusted accordingly
- CONDITIONS OF PAYMENT
3.1 Unless otherwise specifically agreed between the Company and the Customer in writing, the Customer shall pay to the Company in cash immediately upon presentation of the account concerned all sums due to the Company without deduction or set-off and payments shall not be withheld or deferred on the basis of any claims as alleged by the Customer against the company.
3.2 All and any monies received from the Customer shall be appropriated by the Company in its sole and absolute discretion in respect of any debt owed by the customer to the company which is not in dispute or any portion of such debt.
3.3 The Company shall under no circumstances be precluded from raising any debit or obtaining payment in respect of any fee or disbursements due to it.
3.4 The contents of any statement of account rendered by the Company to the Customer shall be deemed to be true and correct, unless disputed in writing and received by the Company within thirty (30) days after the date of despatch of the statement to the Customers.
3.6 In the event of the Customer –
(a) failing to make payment of any amount owing on due date ( as defined in clause 3.1 hereof and as may specifically be agreed in writing between the Company and the Customer);
(b) failing to honour any other obligations within seven (7) days of receipt of written notice to do so;
(c) Committing an act which if committed by a natural person would constitute an act of insolvency in terms of Section 8 of the Insolvency Act, Act 24 of 1936 (as amended);
(d) entering into a compromise of whatsoever nature with its creditors;
(e) failing to satisfy a judgement granted against it within seven (7) days of the date of judgement;
(f) passing on any goods acquired from the Company to any third party for resale without the prior written consent of the Company;
(g) alienating or losing control of its business or, if a company or close corporation, the shareholding or membership in such entity changing hands without the written consent of the Company first being obtained;
(h) deviating from its former principle business or acquiring any ancillary or additional business without first informing the Company thereof in writing;
Then and in that event, the Company shall be entitled forthwith and without notice to the Customer-
(I) immediately to suspend delivery of all orders-on-hand in respect of the Customer;
(ii) summarily to cancel any credit facilities granted by the Company to the Customer, in which case all amounts owing by the Customer to the Company shall immediately become due and payable;
(iii) To demand and obtain payment in respect of the full balance outstanding (notwithstanding the dates when such goods were purchased and when the amounts in respect thereof would ordinarily become due);
(iv) Claim any damages which may be due by the Customer to the Company flowing from non-payment or any breach of the aforesaid terms and conditions.
3.7 The Customer acknowledges that should payment not conform to the terms agreed between the Customer and the Company, interest may be charged on any overdue amount at the maximum rate of interest allowed in terms of the Prescribed Rate of Interest Act, calculated and debited monthly in arrears.