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1.
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The customer agrees that
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a.
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this contract represents the entire agreement between the
Customer and Universal Information Technologies (thereinafter called 'UIT');
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b.
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that this agreement will govern all future contractual
relationships, between the parties; and
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c.
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is applicable to all existing debts between the parties
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2.
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The Customer hereby acknowledges that he has read and
understands each term of this agreement and accepts it as binding
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3.
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The customer hereby binds himself/herself in his/her personal
capacity as co-debtor in solidum for the full
amount due to UIT and agrees that these Standard Conditions will apply
mutatis mutandis to him/her
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4.
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a.
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The Customer acknowledges that no representations were made by
UIT in regard to the goods or services or any of its qualities leading up
to this contract
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b.
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The Customer agrees that neither UIT nor any of its employees
will be liable for any negligent or innocent misrepresentation made to the
Customer
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5.
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a.
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All quotes will remain valid for a period of 7 days from the
date of the quote. The validity of any price quoted is subject to any
increases in the cost price of UIT before the dispatch of goods
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b.
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Any delivery note (copy or original) signed by the Customer
and held by UIT shall be conclusive proof that delivery was made to the
Customer
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c.
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All orders, whether oral or in writing, will be binding and
subject to these standard conditions of agreement and may not be canceled
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d.
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UIT shall be entitled in its sole discretion to split the
delivery of the goods ordered in the quantities and on the dates it decides
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e.
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UIT shall be entitled to invoice each delivery actually made
separately
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f.
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The risk of damage to or destruction of goods passes on the
Customer on conclusion of the agreement of sale
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g.
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In the case of repairs undertaken by UIT, repair times given
are merely estimates and are not binding
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h.
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All goods taken on an approval basis by the Customer is deemed
sold if not returned within 7 days of issue
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i.
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If UIT agrees to engage a third party to transport the goods, UIT
is hereby authorized to engage a third party on the Customer's behalf and
on the terms deemed fit by UIT
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j.
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The Customer agrees to indemnify UIT against any claims that
may arise from such agreement against UIT
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6.
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a.
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In the event of goods that are defective, the rights of the
Customer are limited to the factory guarantee of the goods supplied. To be
valid, guarantee claims must be supported by the original Tax Invoice and
the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or
should the seals on the equipment be broken by anyone other than UIT. Under
no circumstances will UIT be liable for damage arising from misuse or abuse
of the goods
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b.
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Liability under Clause 6a is restricted to the cost of repair
or replacement of faulty goods or services or granting of a credit at the
sole discretion of UIT. It is the duty of the Customer to return any
defective goods to the premises of UIT at his own cost
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c.
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Any item delivered to UIT will form the object of a pledge in
favor of UIT at present and past debts
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7.
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Under no circumstances will UIT be liable for consequential
damages.
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8.
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No claim under this contract will arise unless the Customer
has given UIT thirty days written notice by prepaid registered post to
rectify any defect or breach of contract
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9.
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The Customer agrees to pay the amount on the invoice at the
offices of UIT
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a.
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cash on order; or
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b.
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if the Customer is an Approved Customer;
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within 7 days after an invoice is issued by UIT
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10.
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a.
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The Customer has no right to withhold payment for any reason
whatsoever
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b.
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The Customer is not entitled to set of any amount due to the
Customer by UIT against this debt
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c.
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The Customer hereby agrees that any item handed in for repair
may be sold by UIT to defray the cost of such repairs if the item remains
uncollected within thirty days of the repairs being completed
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11.
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The Customer agrees that if an account is not settled in full
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a.
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against order; or
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b.
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within the period agreed to according to clause 9 above in the
case of Approved Customers;
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c.
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UIT is entitled to immediately institute action against the
Customer at the sole expense of the Customer and claim damages
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12.
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The Customer agrees that the amount payable on any moneys due
and payable to UIT shall be determined and proven by a certificate issued
by UIT and signed on its behalf by any duly authorized person, which
authority need not be proven. Such certificate shall be binding and shall
be prima facie proof of the indebtedness of the Customer
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13.
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The Customer agrees that interest shall be payable on any
moneys due to UIT at the maximum legal interest rate prescribed in terms of
the Usury Act, from the date they fall due. In the case of late payment
interest shall be concluded from the date of order
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14.
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a.
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In the event of cancellation, the Customer shall be liable to
pay
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i.
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the difference between the selling price and the value of the
goods at the time of repossession and
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ii.
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all other costs incurred in the repossession of
the goods.
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The value of repossessed goods will be deemed to be the value
placed on them by any sworn valuator after such valuation will be
conclusive proof of the value
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b.
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The Customer indemnifies UIT completely against any damage
whatsoever relating to the removed or repossessed goods
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15.
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All goods supplied by UIT remain the property of UIT until
such goods have been fully paid for. The Customer is not entitled to sell
any goods unpaid for without the prior written consent of UIT
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16.
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a.
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The Customer shall be liable to UIT for all legal expenses
(including collection fees) on the attorney-and-client scale of an attorney
a counsel incurred UIT in the event of
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i.
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any default by the Customer or
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ii.
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any litigation in regard to the validity and
enforceability of this agreement.
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The Customer will also be liable for any collection or
valuation fees incurred
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b.
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The Customer shall pay one thousand five hundred Rand in to
court or furnish sufficient security in lieu of costs in any action
instituted by or against the Customer
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c.
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The Customer agrees that UIT will not be required to furnish
security in terms of Rule 62 of the Rules of Court of the Magistrate's
Courts
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17.
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The Customer agrees that no indulgence whatsoever by UIT will
affect the terms of this agreement or any of the rights of UIT and such
indulgence shall not constitute a waiver by UIT in respect of any of its
rights herein. Under no circumstances will UIT be stopped from exercising
any of its rights in terms of this contract
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18.
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UIT shall have the right to institute any action in either the
Magistrate's Court or the Supreme Court at its sole discretion
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19.
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a.
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Any document will be deemed duly presented to the Customer
within
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i.
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three days of prepaid registered mail to any of the Customer's
business or postal addresses or to the personal address of any director,
member or owner of the Customer; or
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ii.
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within 24 hours of being faxed and or e-mailed; or
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iii.
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on being delivered by hand to the Customer or any director,
member or owner of the Customer
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b.
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The Customer chooses as its domicillium
citandi et executandi
its business address or the physical address of any director (in the case
of a company), member (in the case of close corporations) or of the
owner(s) or partners
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20.
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All Copyright and source code of software and systems
developed by UIT remains the sole property of UIT unless otherwise agreed
in writing.
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21.
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The Customer agrees to the standard rates of UIT for any goods
or services rendered, which rates may be obtained on request
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22.
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The invalidity of any part of this contract will not affect
the validity of any other part
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23.
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Any order is subject to cancellation by UIT due to force mojeure from any cause beyond the control of UIT, including (without
restricting this clause to these instances): inability to secure labor,
power materials or supplies, or by reason of an act of God, war, civil
disturbance, riot, state or emergency, strike, lockout, or other labor
disputes, fire, flood, drought or legislation
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