Purchase Order
Supplier details: Page 1 of 4
Print Date: 9/28/2025
Kizo Fitness (PTY) LTD - KIZ001
Purchase Order Number
P.O Box 797
Masianokeng POHLS00025002483
Above Setleketseng Centre
100 MASERU
Vat No:
Phone: Fax:
Email: kizisel1@gmail.com
Invoice & Delivery Address: Procurement Details:
Storm Mountain Diamonds
Contact: Rose Ramoha
SMD Stores
Kao Mine Phone: 006 656 622113
Fax:
Lesotho E-mail: procurement@stormmountaindiamonds.co
Vat No : 1527830
Phone: Quote No. : KDM005
Fax :
Quote Date:
E-mail :
Order date: Site: Currency: Terms: Requested User:
9/24/2025 RRAMO
LS000 LSL CHQ30EOM
Product Description Qty. Unit Delivery Unit Price Total
Ordered Date Excl Vat
REPAIRS-MAINT Service of gym equipment 1.00 EA 10/3/2025 6,830.00 6,830.00
Sub-Total 6,830.00
Additional Comments:
TOTAL 6,830.00
Approvers:
Approver ID: Approver Name:
MRAME Morapeli Rametsi
SEANV Sean van Niekerk
STANDARD TERMS AND CONDITIONS APPLICABLE TO THE SUPPLY OF GOODS AND SERVICES TO SMD DIAMONDS (PTY) LTD, (“SMD”)
1. DEFINITIONS
1.1 SMD or the Client means Storm Mountain Diamonds (Pty) Ltd, a company registered in Lesotho under registration number 2009/1149.
1.2 Supplier means the service provider or supplier of goods to SMD, as the case may be.
1.3 Premises means the diamond mine situated at Kao, Butha-Buthe District, Lesotho.
1.4 Mining Agreement means the mining lease entered into between SMD and the Government of Lesotho on 24 December 2009, which is available for inspection at the Deeds Registry in Maseru, Lesotho.
2. PAYMENT TERMS
2.1 SMD will not be liable for payment to any Supplier for the supply of any goods or services unless a written order for the supply of the goods and/or services was received by the Supplier from SMD.
2.2 Payment for services rendered or goods delivered shall be made by SMD within 60 (sixty) days from date of an invoice received from the Supplier. The Supplier is not entitled to render a statement or to receive
any payment unless the goods in respect of which the payment is to be made have been delivered to the Premises by the Supplier in a proper condition, or the services have been properly rendered,
unless the parties agree otherwise in writing.
2.3 Where the supplier is a registered VAT vendor in Lesotho, all amounts payable in terms of this Agreement will be inclusive of Value-Added Tax in terms of the Vat Act of 2001.
2.4 SMD will deduct withholding and other taxes as required by any relevant legislation from amounts to be paid to the Supplier.
3. SUPPLIER’S RESPONSIBILITIES
3.1 The Supplier will render any and all services in a professional and workmanlike manner, in accordance with high industry standards, and, if relevant, to specification. The Supplier warrants that it has the
necessary capacity to properly perform the services for which it may be appointed.
3.2 All goods supplied to SMD will be of high quality, will comply with all industry standards, and if relevant, to all specifications provided by SMD.
3.3 Should any goods or services supplied or rendered not conform to the required quality standards, the Supplier will, free of charge, replace the defective goods or properly render the services within 7 (seven)
days of written notice received from SMD. Where at the discretion of SMD this is not practicable, SMD may ask for a refund of any amount paid in respect of the relevant goods or services, or that SMD
be credited with such amount.
3.4 The Supplier will for its own account provide all the personnel required to meet its contractual obligations.
4. SMD’S RESPONSIBILITIES
SMD shall, where relevant, and in its sole discretion, provide the necessary working facilities, information and data in its possession, to enable the Supplier to discharge its responsibilities under any agreement between the
parties.
5. INFORMATION AND CONFIDENTIALITY
5.1 The Supplier will treat and hold as confidential all technical, financial and other information of any nature whatsoever, whether written or oral, which is communicated to it by SMD (“confidential information”).
5.2 The Supplier agrees that it will only make the confidential information available to those of its personnel who are actively involved in the execution of any obligations under an agreement with SMD, and then only
on a “need to know” basis, and to implement reasonable security measures in this regard.
5.3 The Supplier agrees that it or its personnel will not directly or indirectly use or disclose any of the confidential information to any third party without SMD’s prior written consent.
5.4 Any documents provided to the Supplier by SMD including written instructions, drawings, notes, memoranda, electronically transmitted information and records that comprise SMD’s confidential information
which have or will come into the possession of the Supplier and its personnel, will be, and will at all times remain, the sole and absolute property of SMD and shall promptly be handed over to SMD by the
Supplier when no longer required for the purposes of providing services or goods to SMD.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All trading names, trademarks and brands belonging to SMD shall continue to be owned by it and nothing in this agreement shall be construed as entitling the Supplier to utilise the trade names, trademarks,
branding and intellectual property of SMD save to the extent expressly agreed in writing between SMD and the Supplier.
6.2 The Supplier agrees that the ownership of and any rights in all or any intellectual property created during the course and scope of any contract between the Supplier and SMD, whether it is a patent, copyright,
trade mark, or any other form of intellectual property, will at all times be and remain vested in SMD. Should ownership in any such intellectual property vest in the Supplier or its shareholders, owners,
directors, agents, consultants, employees, or any other associated person (collectively referred to herein as personnel), due to the operation of law, or for any other reason, the Supplier and all its
personnel hereby agree to, promptly after having received a request to this effect from SMD, cede or assign all such rights and transfer all ownership in all such intellectual property to SMD, and the
Supplier and its personnel hereby agree to sign any forms or documents of any nature to cede or assign rights or transfer ownership to SMD to give effect to the provisions of this clause 6.
6.3 The Supplier agrees to make all of its personnel aware of the provisions of this clause 6 and agrees to enter into appropriate agreements with all of its personnel to ensure that provisions of this clause can
effectively be enforced by SMD against all personnel. The Supplier hereby indemnifies SMD against all and any losses that SMD may suffer should SMD not be able to enforce any of its rights as set
out in this agreement against any member of the Supplier’s personnel due to the Supplier having failed to enter into appropriate agreements with its personnel.
7. LIMITATION OF LIABILITY
7.1 Notwithstanding any provision to the contrary in these standard terms and conditions, under no circumstances will SMD be liable to the Supplier for any special, consequential, indirect or punitive damages,
including without limitation, any loss of use, income or profits or anticipated profits, or loss of savings or business opportunities, business reputation, or goodwill, howsoever arising, whether such
damages are based on contract, delict, breach of any warrantee, or any other cause of action, and regardless of whether SMD should have known about or foreseen the damages.
7.2 The Supplier indemnifies, protects and defends the SMD, its agents and employees from and against all actions, claims, losses and damages arising from any negligent act or omission by the Supplier in the
performance of its obligations under the agreement, including any violation of legal provisions, or rights of others, in respect of patents, trade marks, and other forms of intellectual property such as
copyright.
8. FORCE MAJEURE
Neither party shall be liable to the other for failure in the performance of its obligations in the event that such performance is prevented by a cause beyond its reasonable control, for the period that the cause persists,
including, without derogating from the generality of the aforegoing, acts of God, war, civil commotion, destruction of production facilities or material by fire, earthquake or storm, or temporary or permanent
unavailability of any product essential to the fulfilment of its obligations under the agreement.
9. TERMINATION
The commencement, duration and termination of an agreement between the parties will be reduced to writing and will be signed by both parties. In the event of a breach of contract, the agreement can be cancelled as
set out in the breach clause below.
10. SEVERABILITY
Any term or provision in these standard terms and conditions held to be illegal or unenforceable will be deemed amended to conform with the relevant legislation or legal requirement, or if it cannot be so amended
without materially effecting the intention of the parties, it will be struck out, and the remainder of the terms of these standard terms and conditions will remain enforceable.
11. GOVERNING LAWS AND JURISDICTION
The laws of the Kingdom of Lesotho shall govern the validity and interpretation of this Agreement, and the parties agree to the jurisdiction of the High Court of Lesotho.
12. TAXES AND LICENCES
12.1 The Supplier will comply with all the tax laws of Lesotho, including but not limited to the Income Tax Act of 1993 and the Value Added Tax Act of 2001.
12.2 The Supplier warrants that it has all the business and other licences and registrations that are required for it to supply services or goods to SMD as required by the laws of Lesotho or any other country, as well
as all necessary permits relating to the Supplier or its personnel, including any work or residence permits required for any of its personnel.
12.3 The Supplier indemnifies SMD against any claims or actions by any party, including any Government department or agency that may be brought by such third party in relation to the supply of services or goods
to SMD.
13. SECURITY
13.1 The Supplier and its employees will acquaint themselves with and comply with all the laws, regulations as well as all policies which apply to or at SMD. In particular the Supplier acknowledges:
13.2 The liability of the Supplier and its employees to have themselves searched, x-rayed and polygraphed at any time and in whatever manner that SMD considers necessary.
13.3 In the event of an employee of the Supplier being found in possession of diamonds, without a reasonable explanation therefore, or being reported for suspicion of having been in possession of diamonds at any
particular time while being in the employ of the Supplier or prior to that or there being a strong suspicion or in the event of corroborated allegations of such employee engaging in illicit dealings that may
be harmful to SMD, its employees, property or products, the event will immediately be reported in writing to the Supplier and SMD the Lesotho Mounted Police and the Commissioner of Mines.
Thereafter the employee will immediately be removed from the Premises and will not be allowed to return to the Premises until such time as proceedings to be brought against the employee have been
terminated in favour of the employee.
14. SAFETY, HEALTH AND ENVIRONMENT (“SHE”)
14.1 The Supplier will acquaint itself and will comply with all laws, regulations and policies that apply to or at SMD as regards SHE.
14.2 Delivery of all hazardous materials, which are materials that are so classified by any law or regulation, or by any SMD rule or policy applicable to or at the Premises, must be accompanied by a Material Safety
Data Sheet (MSDS). Any hazardous materials supplied or delivered to the Premises without a MSDS shall be returned to the Supplier who shall immediately remove the hazardous materials from the
Premises.
14.3 No banned substances shall be supplied to SMD under any circumstances.
14.4 The Supplier shall be liable for all the clean-up and rehabilitation costs of any spillage of hazardous material at the Premises caused by it or its employees or agents.
15. BREACH
15.1 In the event that either party (the Defaulting Party) commits a breach of any of the material provisions of these terms and conditions, the party not in breach (the Aggrieved Party) shall be entitled to give the
Defaulting Party written notice to remedy the breach complained of. If the Defaulting Party fails to comply with that notice within 7 (seven) days after receipt thereof (subject to any other provisions of these
terms and conditions to the contrary), the Aggrieved Party shall be entitled to either cancel any agreement between the Parties that is of an on-going nature as against the Defaulting Party or to claim
specific performance, without prejudice to the Aggrieved Party's right to claim damages and further without prejudice to such other rights as the Aggrieved Party may have at law.
15.2 Either party may terminate the agreement by giving no less than 3 (three) days’ written notice to the other party should the latter commit an act of insolvency, allow a judgment of any court to remain unsatisfied
for a period of seven days, be placed under judicial management, enter into a compromise with its creditors, or be liquidated.
16. HIRING OF EMPLOYEES
The Supplier shall not, for the duration of any agreement between the parties, solicit for employment, offer employment to, or enter into any contract for services with any person who is employed by SMD. Should the
Supplier breach this clause it shall pay compensation to SMD in an amount that is equivalent to one year’s basic salary of the recruited person.
17. WAIVER
No waiver of any of these terms and conditions will be binding or effectual for any purpose unless expressed in writing and signed by the party hereto giving the waiver, and any such waiver will be effective only in the
specific instance and for the purpose given. No failure or delay on the part of either party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
18. ENTIRE CONTRACT
These terms and conditions constitute the entire agreement between the parties in respect of the subject matter hereof and neither party shall be bound by any undertakings, representations, warranties or promises not
recorded in writing and signed by both parties.
19. MONITORING AND LIAISON
If so requested by SMD, the parties shall jointly implement and maintain a performance management system. The Supplier and SMD shall each designate an authorised person or department to act in its name for the
purposes of smooth implementation of the terms of this Agreement.
20. NON-EXCLUSIVITY
20.1 Nothing in these terms and conditions shall be construed as creating an exclusive relationship between the SMD and the Supplier.
20.2 In the event that the Supplier fails to supply and deliver goods or fails to properly provide services within the time periods agreed between the parties in writing, SMD is entitled to obtain the supply of goods or
services from a third party, and in the event of receiving a supply from a third party, SMD shall not be liable to the Supplier for payment of the goods or services not delivered or rendered within the
agreed time periods.
21. ASSIGNMENT AND SUB-CONTRACTING
The Supplier will not assign or otherwise transfer any rights or obligations under these terms and conditions, without the prior written consent of SMD.
22. NON-VARIATION
No variation or consensual cancellation of these terms and conditions and no addition to them shall be of any force or effect unless reduced to writing and signed by both parties.
23. INSURANCE
SMD may request that the Supplier properly and to the satisfaction of SMD insures against all of the Supplier’s liabilities under these terms and conditions. Written proof that such insurance has been taken out by the
Supplier and is being maintained shall be given to SMD within 7 (seven) days of request by SMD.
24. RISK
The risk in and ownership of the goods supplied shall pass to SMD on delivery of the goods at the Premises.
25. MINING AGREEMENT
The Supplier acknowledges that it is familiar with the relevant clauses of the Mining Agreement that relate to contractors at the Premises, and that may be applicable to the supply rendered by the Supplier to or at the
Premises. The Supplier agrees that it will comply with all relevant provisions of the Mining Agreement, and that it not to do anything that will in any way endanger SMD’s rights under the Mining Agreement.
26. ANTI-BRIBERY AND CORRUPTION
Notwithstanding anything to the contrary contained in these terms and conditions or in any agreement entered into between the parties, any breach by a Supplier of any legislation regarding bribery or corruption
applicable in Lesotho or applicable to SMD, or any breach of SMD policy in this regard, will entitle SMD to immediately and summarily cancel any agreement with the Supplier without incurring any liability, without
prejudice to any other rights that SMD may have in law.
STANDARD TERMS AND CONDITIONS APPLICABLE TO THE SUPPLY OF GOODS AND SERVICES TO SMD DIAMONDS (PTY) LTD, (“SMD”)
1. DEFINITIONS
1.1 SMD or the Client means Storm Mountain Diamonds (Pty) Ltd, a company registered in Lesotho under registration number 2009/1149.
1.2 Supplier means the service provider or supplier of goods to SMD, as the case may be.
1.3 Premises means the diamond mine situated at Kao, Butha-Buthe District, Lesotho.
1.4 Mining Agreement means the mining lease entered into between SMD and the Government of Lesotho on 24 December 2009, which is available for inspection at the Deeds Registry in Maseru, Lesotho.
2. PAYMENT TERMS
2.1 SMD will not be liable for payment to any Supplier for the supply of any goods or services unless a written order for the supply of the goods and/or services was received by the Supplier from SMD.
2.2 Payment for services rendered or goods delivered shall be made by SMD within 60 (sixty) days from date of an invoice received from the Supplier. The Supplier is not entitled to render a statement or to receive
any payment unless the goods in respect of which the payment is to be made have been delivered to the Premises by the Supplier in a proper condition, or the services have been properly rendered,
unless the parties agree otherwise in writing.
2.3 Where the supplier is a registered VAT vendor in Lesotho, all amounts payable in terms of this Agreement will be inclusive of Value-Added Tax in terms of the Vat Act of 2001.
2.4 SMD will deduct withholding and other taxes as required by any relevant legislation from amounts to be paid to the Supplier.
3. SUPPLIER’S RESPONSIBILITIES
3.1 The Supplier will render any and all services in a professional and workmanlike manner, in accordance with high industry standards, and, if relevant, to specification. The Supplier warrants that it has the
necessary capacity to properly perform the services for which it may be appointed.
3.2 All goods supplied to SMD will be of high quality, will comply with all industry standards, and if relevant, to all specifications provided by SMD.
3.3 Should any goods or services supplied or rendered not conform to the required quality standards, the Supplier will, free of charge, replace the defective goods or properly render the services within 7 (seven)
days of written notice received from SMD. Where at the discretion of SMD this is not practicable, SMD may ask for a refund of any amount paid in respect of the relevant goods or services, or that SMD
be credited with such amount.
3.4 The Supplier will for its own account provide all the personnel required to meet its contractual obligations.
4. SMD’S RESPONSIBILITIES
SMD shall, where relevant, and in its sole discretion, provide the necessary working facilities, information and data in its possession, to enable the Supplier to discharge its responsibilities under any agreement between the
parties.
5. INFORMATION AND CONFIDENTIALITY
5.1 The Supplier will treat and hold as confidential all technical, financial and other information of any nature whatsoever, whether written or oral, which is communicated to it by SMD (“confidential information”).
5.2 The Supplier agrees that it will only make the confidential information available to those of its personnel who are actively involved in the execution of any obligations under an agreement with SMD, and then only
on a “need to know” basis, and to implement reasonable security measures in this regard.
5.3 The Supplier agrees that it or its personnel will not directly or indirectly use or disclose any of the confidential information to any third party without SMD’s prior written consent.
5.4 Any documents provided to the Supplier by SMD including written instructions, drawings, notes, memoranda, electronically transmitted information and records that comprise SMD’s confidential information
which have or will come into the possession of the Supplier and its personnel, will be, and will at all times remain, the sole and absolute property of SMD and shall promptly be handed over to SMD by the
Supplier when no longer required for the purposes of providing services or goods to SMD.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All trading names, trademarks and brands belonging to SMD shall continue to be owned by it and nothing in this agreement shall be construed as entitling the Supplier to utilise the trade names, trademarks,
branding and intellectual property of SMD save to the extent expressly agreed in writing between SMD and the Supplier.
6.2 The Supplier agrees that the ownership of and any rights in all or any intellectual property created during the course and scope of any contract between the Supplier and SMD, whether it is a patent, copyright,
trade mark, or any other form of intellectual property, will at all times be and remain vested in SMD. Should ownership in any such intellectual property vest in the Supplier or its shareholders, owners,
directors, agents, consultants, employees, or any other associated person (collectively referred to herein as personnel), due to the operation of law, or for any other reason, the Supplier and all its
personnel hereby agree to, promptly after having received a request to this effect from SMD, cede or assign all such rights and transfer all ownership in all such intellectual property to SMD, and the
Supplier and its personnel hereby agree to sign any forms or documents of any nature to cede or assign rights or transfer ownership to SMD to give effect to the provisions of this clause 6.
6.3 The Supplier agrees to make all of its personnel aware of the provisions of this clause 6 and agrees to enter into appropriate agreements with all of its personnel to ensure that provisions of this clause can
effectively be enforced by SMD against all personnel. The Supplier hereby indemnifies SMD against all and any losses that SMD may suffer should SMD not be able to enforce any of its rights as set
out in this agreement against any member of the Supplier’s personnel due to the Supplier having failed to enter into appropriate agreements with its personnel.
7. LIMITATION OF LIABILITY
7.1 Notwithstanding any provision to the contrary in these standard terms and conditions, under no circumstances will SMD be liable to the Supplier for any special, consequential, indirect or punitive damages,
including without limitation, any loss of use, income or profits or anticipated profits, or loss of savings or business opportunities, business reputation, or goodwill, howsoever arising, whether such
damages are based on contract, delict, breach of any warrantee, or any other cause of action, and regardless of whether SMD should have known about or foreseen the damages.
7.2 The Supplier indemnifies, protects and defends the SMD, its agents and employees from and against all actions, claims, losses and damages arising from any negligent act or omission by the Supplier in the
performance of its obligations under the agreement, including any violation of legal provisions, or rights of others, in respect of patents, trade marks, and other forms of intellectual property such as
copyright.
8. FORCE MAJEURE
Neither party shall be liable to the other for failure in the performance of its obligations in the event that such performance is prevented by a cause beyond its reasonable control, for the period that the cause persists,
including, without derogating from the generality of the aforegoing, acts of God, war, civil commotion, destruction of production facilities or material by fire, earthquake or storm, or temporary or permanent
unavailability of any product essential to the fulfilment of its obligations under the agreement.
9. TERMINATION
The commencement, duration and termination of an agreement between the parties will be reduced to writing and will be signed by both parties. In the event of a breach of contract, the agreement can be cancelled as
set out in the breach clause below.
10. SEVERABILITY
Any term or provision in these standard terms and conditions held to be illegal or unenforceable will be deemed amended to conform with the relevant legislation or legal requirement, or if it cannot be so amended
without materially effecting the intention of the parties, it will be struck out, and the remainder of the terms of these standard terms and conditions will remain enforceable.
11. GOVERNING LAWS AND JURISDICTION
The laws of the Kingdom of Lesotho shall govern the validity and interpretation of this Agreement, and the parties agree to the jurisdiction of the High Court of Lesotho.
12. TAXES AND LICENCES
12.1 The Supplier will comply with all the tax laws of Lesotho, including but not limited to the Income Tax Act of 1993 and the Value Added Tax Act of 2001.
12.2 The Supplier warrants that it has all the business and other licences and registrations that are required for it to supply services or goods to SMD as required by the laws of Lesotho or any other country, as well
as all necessary permits relating to the Supplier or its personnel, including any work or residence permits required for any of its personnel.
12.3 The Supplier indemnifies SMD against any claims or actions by any party, including any Government department or agency that may be brought by such third party in relation to the supply of services or goods
