You are on page 1of 1

*LOCAL *NATIONAL *INTERNATIONAL CREDIT POLICY TERMS AND CONDITIONS

The Customer agrees: 1. That no alterations or additions to this Agreement may be effected unless reduced to writing and signed by the Customer and the Managing Director of Southgate Courier Services. That this Agreement is final and binding and is not subject of any suppressive or dissolutive conditions. That this Agreement only becomes final and binding on acceptance of the Customers credit application by Southgate Courier Services. The Customer: a. Warrants that all the information supplied by it to SCS in the credit application are accurate, true, complete and correct and will continue to remain accurate, true, complete and correct in all respects and; b. Will be obligated to inform SCS if any of the information supplied in the Credit Application change. The Customer undertakes to inform SCS in writing within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address or 14 days prior to selling or alienating the Customers business and failure to do so will constitute a material breach of this agreement. Upon receipt of such written notification, Southgate Couriers reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer and; c. Acknowledges that this warranty and undertaking given is deemed to be material and to be a material representation including Southgate Courier Services to extend credit to the Customer. That the amount contained in a Tax Invoice/Statement issued by Southgate Courier Services shall be due unconditionally within 30 days nett i.e. a months invoices will become due and payable on the last Calendar working day of the following month. To pay the amount on Tax Invoice by way of EFT Transfer. The risk of payment by cheque through the post rests with the Customer and the Post Office shall be deemed to have been elected as the agent of the Customer for this purpose. That the charges of Southgate Courier Services will be those reflected on its current tariff/rate structure at the time of collection. 7.1 Southgate Courier Services reserves the right to amend its rates at any time upon notice to the Customer. 7.2 Southgate Courier Services charges will be higher of the actual weight or the volumetric weight of the shipment calculated in accordance with the volumetric conversion equation set out in its current tariff/rate structure. 7.3 Rates do not include local Taxes, VAT & Duties at any of the countries of origin, transit or destination. 7.4 Penalties, provisional payments, fines, stoppage charges must be paid upfront to Southgate Courier Services before clearance will be completed. That no extension of payment terms will be applicable or enforceable unless reduced to writing and signed by the Customer and the Managing Director of Southgate Couriers. The Customer has no right to withhold payment because of queries in respect of its account. That settlement discounts shall not be allowed unless agreed to in writing by a duly authorized representative of Southgate Courier Services. 11. That interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any monies past due date and that interest shall be calculated daily and compounded monthly from the due date thereof. 12. That if any debt is not settled on the due date Southgate Couriers is entitled to immediately institute action against the Customer and to cancel the credit granted to the Customer in terms of this Agreement in which event all amounts then outstanding (but not yet due) shall immediately become due and payable. These remedies are without prejudice to any other right Southgate Courier Services may be entitled to in terms of this agreement or in law. 13. That should legal action be instituted: a. The customer shall be liable to pay all legal expenses on the attorney-and-own client scale and all tracing, collection or valuation fees incurred as well as stamp duties; b. The Customer agrees that Southgate Courier Services will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrates Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of 1959. c. The Customer hereby consents that Southgate Couriers shall have the right to institute any legal action in either the Magistrates Court (notwithstanding the fact that the amount of the claim may exceed the jurisdiction of the Magistrate Court) or the High Court at the election of Southgate Courier Services. d. The Customer chooses the Customers physical address as set out in the Credit Application form as their respective domicilia citandi et executandi; 14. That no indulgence whatsoever granted by Southgate Courier Services will effect the terms of this Agreement or any of the rights of Southgate Courier Services and such indulgence shall not constitute a waiver by Southgate Courier Services in respect of any of its rights herein. Southgate Courier Services will not be stopped from exercising any of its rights in terms of this Agreement. 15. That it hereby consents to the storage and use by Southgate Courier Services of the personal information that it has provided to Southgate Courier Services for establishing its credit rating and to Southgate Courier Services disclosing such information to credit control companies, banks and other institutions involved in rating credit. Southgate Courier Services will not be held liable for the good faith disclosure of any of this information to such a third party and that not further specific consent need to be obtained for the transfer of such information to a specific third party. 16. That the invalidity of any part of this Agreement shall not effect the validity of any other part. 17. That any order is subject to cancellation by Southgate Courier Services if the Customer breaches any terms of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or if any judgment is recorded against the Customer or any of its principals. 18. That this Agreement and its interpretation is subject to South African Law and the Customer consents to the exclusive jurisdiction of the South African Courts. The Customer hereby consents to the jurisdiction of the Magistrates Court in respect of all proceedings under this Agreement. The Customer acknowledges however, that Southgate Courier Services is entitled to institute any action in the Supreme Court of South Africa and in the event of it so doing, will be entitled to tax and recover costs as set out above.

2. 3.

4.

5.

6.

7.

8.

9.

10. That the Customer is not entitled to set off any amount due to the Customer by Southgate Courier Services.

Signed .... Witness ......

You might also like