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1. No order placed by the Applicant shall become binding upon OfficeBox (the Company) until it has been duly accepted by a duly authorized representative of the Company. It shall not be necessary for the Company to give formal notice of acceptance of the Applicants order.
2. No terms or conditions appearing in the Applicants documents, including the Applicants Buying Order, which are at variance with these terms and conditions shall be binding on the Company.
3. The Applicant acknowledges that no representation, warranties or any other statements are binding on the Company unless given in writing under signature of a duly authorized representative of the company.
4. These terms and conditions together with those contained on the face hereof shall apply to all contracts of sale entered into between the parties and no variations thereof, including any variation of this clause, shall be binding on the Company.
5. Prices quoted by the Company are the Company's current prices which are a guide line only. Prices payable by the Applicant will be the Company's ruling prices at the time of dispatch.
6. Prices are net and are not subject to discount.
7. Payment of goods strictly 30 days net from statement date.
8. Payment may not be withheld pending the settlement of a dispute.
9. The Company does not guarantee delivery on the date specified but will endeavor to give delivery on the date. Late delivery shall not invalidate any contract of sale between the parties nor render the Company liable for any damages whatsoever.
10. Where goods are delivered by the Company's own transport or appointed agent, then delivery will have been deemed to have been effected once rendered at the agreed point of delivery and risk will pass to the Applicant at the time.
11. Where goods are collected by the Applicant from the Company's premises, or where an independent transporter is used, risk or loss or damage in the goods sold will pass to the Applicant on the loading of such goods.
12. Notwithstanding anything to the contrary, ownership of goods sold to the Applicant shall remain vested in the Company until the Company has received payment of the full purchase price, notwithstanding that the goods may have been purchased for resale.
13. All overdue amounts owing to the Company by the Applicant shall bear interest at a rate of 2% per month calculated and payable in advance on the first day of each and every successive month on the balance payable by the Applicant to the Company.
14. If the company instructs it's attorneys to recover any claim against the Applicant, and whether or not any action is instituted, and without prejudice to any other rights the Company may have, the Company shall be entitled to recover from the Applicant all legal costs incurred by it, including, but not limited to, all attorney and own client charges, tracing fees and such collection charges the Company is obliged to pay its attorneys.
15. The Company gives no warranties and makes no representation as to the suitability of goods sold for any specific purposes.
16. The Company shall be exempted from and shall not be liable under any circumstances whatsoever for: 16.1 any direct or consequential damages of any nature whatsoever, however arising, including any loss of profit that Applicant may suffer as a result of any breach or cancellation by the Company of any of its obligations 16.2 any negligence on the part of the Company or that of its servants or agents in carrying out their obligations in terms of any agreement between the parties 16.3 and the Company's liability in respect of any claim based on defective goods, is limited to the replacing of such goods as against the return to it of the goods in question
17. No indulgence or relaxation of rights granted by the Company shall be prejudicial to or constitute a waiver of the Company's rights.
18. A certificate signed by a director of the Company reflecting particulars of the amount owing by the Applicant to the Company shall be deemed prima facie proof of the amount due by the Applicant for the purposes of any legal action thereon.
19. The Applicant chooses his domicillum citandi et executandi for all purposes under this agreement at the address reflected on the Credit Application form that forms the first page of this agreement.
20. The Applicant hereby consents to the jurisdiction of the Magistrates Court notwithstanding that the amount claimed may otherwise be beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said Court pursuant to Section 45 of Act 32 of 1944 as amended, provided, however, that the Company shall have the right at it's sole option and discretion to institute proceedings in any other competent Court in respect of any claim that, but for the aforegoing, would exceed the jurisdiction of the Magistrate's Court.