CONDITIONS OF SALE
CULINARY DOPPIES CC (hereinafter referred to as "CD")
STANDARD CONDITIONS OF SALE:
The applicant and the person signing on behalf of the applicant hereby
confirms that he/she accepts the conditions set out hereunder which would
govern the business relationship between the parties. No alterations hereof
will be binding on CD unless reduced to writing and signed on behalf
of both parties.
1. Fifty per cent (50%) of the purchase price is payable on the placing
of an order and the other fifty per cent (50%) thereof is payable on delivery,
unless a written arrangement has been made with CD.
2. CD will notify all customers annually of the prices for the
various items for the current year and all orders will be deemed to have
been entered into at such prices, unless reduced to writing and signed
by or on behalf of CD.
3. CD accepts liabilities of the production of the product up to
delivery thereof. CD will not be responsible for any deterioration
of such products unless notified in writing within six (6) hours after
delivery of the product.
4. The amendment of any agreement entered into on behalf of CD
and any customer of CD will be valid and binding on CD unless
reduced to writing and signed on or behalf of CD.
5. The purchase price in respect of any orders must be paid into the bank
account of Culinary Doppies, being First National Bank, Account Number: 62138070131,
Branch Code: 251141 (Clearwater) for CD person and that they are
authorised to do so and an official receipt is issued.
6. In the event of credit facilities being granted to the applicant the
person signing this shall be bound as surety to the Applicant and acknowledges
CD standard credit terms.
7. In the event of the applicant being granted credit facilities in terms
whereby it is entitled to make payments of the purchase in more than one
instalment not being paid on due date, then the full amount outstanding
will become due and payable and any arrears shall bear interest at the
maximum rate chargeable in terms of the Usury Act.
8. Should CD be obliged to institute action against the applicant
arising from any purchases made by it from CD, then the applicant
shall be liable to pay all the costs thereof, including costs between
attorney and client, as well as collection commission.
9. The limit of any credit facility granted by CD shall be in its
sole discretion and may be withdrawn, increased or reduced to any time
without notice to the applicant.
10. If the applicant and/or its directors and/or partners and/or its proprietor
is called to do so by CD it/they shall sign, in addition to this
document, any other documents, including special conditions or credit,
acknowledgements of debt, deeds of surety etc. in the event of anyone
or more of such documents being signed in addition hereto, any terms set
out herein which are inconsistent with any terms and conditions set out
herein shall be of no force and effect. However, the remaining terms and
conditions shall remain in force without prejudice to CD rights.
11. The terms and conditions hereof shall be applicable to all purchases
made by applicant from CD whether in the past or in the future.
12. The applicant hereby, in terms of section 45 of the Magistrate's Court
Act of 1944 hereby consent to the jurisdiction of any Magistrate's Court
having jurisdiction by virtue of section 28 of the Act notwithstanding
that any claim against the applicant may exceed the jurisdiction of such
Magistrate's Court, it is recorded that CD is not bound hereby
and shall be entitled to institute any proceedings against the application
out of any other court of competent jurisdiction.
13. The applicant chooses domicilium citandi et executandi for all purposes
in terms hereof,
14. The applicant acknowledges that CD signature is not required
hereto in order that the above terms and conditions are binding on the
15. I, the undersigned, confirm that I have read the contents of the document
and undertake to notify CD of any changes in the ownership, directorship,
shareholding, name or address of the applicant and that the conditions
hereunder will form the basis
16. The signatory hereby warrants that he/she is authorized to sign this
and has read and understood the above conditions.
SIGNED AT ______ON THIS _________DAY OF 20_____________________________________
SIGNED ON BEHALF OF APPLICANT_________________________________________________