TERMS AND CONDITIONS OF CONTRACT

  1. I, the undersigned, in my capacity as representative of the Purchaser hereby declare that I am duly authorised to sign this application on behalf of the Purchaser for credit facilities with CooperVision SA (Pty) Ltd., hereinafter referred to as the Supplier.
  2. The Purchaser accepts that should there be any intention of changing control or ownership, change of addresses or telephone numbers of the Purchaser’s business, that the Supplier must be advised in writing of such intention at least 30 days prior to the effective date of such changes.
  3. The Purchaser acknowledges that should credit facilities be granted as a result of this application, that they may be withdrawn by the Supplier at any time without prior notification, and that the decision as to whether or not to grant credit facilities to the Purchaser is at the sole discretion of the Supplier.
  4. Should the Supplier hand an overdue amount over for collection, the Purchaser agrees to be liable for all legal costs, including costs on the attorney and client scale, as well as all costs incurred as a result of the Supplier referring any overdue amounts to their elected collection agency for collection. An overdue amount shall be considered to be any amount that remains unpaid in excess of the agreed- upon credit terms.
  5. Unless otherwise agreed upon, payment in full, without deduction or set-off in respect of goods sold/services rendered, shall be due and payable within 60 days of the date of the Supplier’s statement. A 5% settlement discount for payment within 30 days of date of statement is currently allowed, which discount structure in the sole discretion of the Supplier and can be revoked at any time without notification.
  6. The Suppler may charge the Purchaser interest at the rate of 2% (two percent) per month above the Prime Bank Lending Rate, as determined by Standard Bank, from time to time subject to the maximum legal lending rate on all accounts outstanding in excess of 30 (thirty) days from due date, provided however, that nothing herein contained shall be interpreted as obliging the Supplier to afford the Purchaser any such indulgence to effect after due date.
  7. No relaxation or indulgence granted to the Purchaser by the Supplier at any time shall be deemed to be a waiver of any of the Supplier’s rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create any estoppel against the Supplier.
  8. Risk in the goods shall pass on delivery, but ownership of all goods sold remain vested in the Supplier until all monies owing to it have been paid in full. All such goods shall be deemed to remain moveable property, and severable without injury to such immovable property or other goods. The Supplier reserves the right to inform the end user or the owner of the premises in which any goods are installed, of it’s claim to ownership
  9. The Purchaser consents to the jurisdiction of the Magistrate’s Court in terms of Sections 45 of the Magistrate’s Court Act No 32 of 1994 (as amended), having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by the Supplier exceeds the normal jurisdiction of the Magistrate’s Court as to the amount. The Supplier shall, at its discretion, be entitled to proceed against the Purchaser in any other court of competent jurisdiction, notwithstanding the aforegoing.
  10. The Purchaser hereby chooses as its domicilium citandi et executandi for all purposes in connection with or arising out of its contract with the Supplier, the address as stated above.
  11. A certificate signed by the manager or accountant of the Supplier whose capacity or appointment need not be proved, stating an amount due by the credit receiver to the Supplier or any other information contained herein shall be prima facie proof of its contents.
  12. The Purchaser agrees that the Supplier is entitled to:
    1. make any reasonable enquiries to verify and research any details provided by the Purchaser on this application form
    2. access the files of any credit bureau to ascertain the Purchasers credit profile when assessing the application and at any time during the currency of the Purchasers account with the Supplier
    3. disclose the existence and the conduct of the Purchasers account with the Supplier, whether still current or not, to any credit bureau or other credit grantor
    4. place the Purchasers name on the Suppliers own marketing mailing list provided that it will be removed should the purchaser request so in writing
    5. open the account with an initial credit limit of R2,500.00 which will be reviewed once the account is operational.