I, the undersigned, Applicant (duly authorised to act) hereby warrant that the information shared is true and correct and hereby apply for credit from UNIMELT CC. It is agreed that if this application is accepted then:
All goods sold/services rendered by UNIMELT CC, to the Applicant shall be deemed to have been sold/rendered on the following terms and conditions:
a) The balance owing as shown on every monthly statement rendered by UNIMELT CC must be paid within 30 days from date of statement, unless prior arrangement has been made in writing for other methods of payment.
b) All overdue amounts shall bear interest at the ruling prime overdraft rate plus 2%, calculated from due date to date of full payment.
c) Where credit terms have been exceeded by the Applicant UNIMELT CC will not deliver any further goods until the Applicant’s account has been brought up to date.
d) The Magistrate’s Court shall have jurisdiction in any action instituted against the Applicant, notwithstanding that the amount of the claim would otherwise exceed the jurisdiction of that Court.
e) These terms may be withdrawn without reason or notice at any stage; upon which withdrawal the full balance owing shall automatically become due owing and payable.
f) If any amount is handed over to attorneys for collection by UNIMELT CC, then the Applicant shall be liable for all attorney and client costs including collection commission and the use of tracing agents instructed by UNIMELT CC.
g) The following conditions of sale are hereby deemed to apply to all goods sold/services rendered by UNIMELT CC to the Applicant.
1. RESERVATION OF OWNERSHIP
Ownership of any goods sold shall remain with UNIMELT CC until the full purchase price and all additional charges and interest has been paid for in full.
2. DELIVERY AND RISK
Notwithstanding the reservation of ownership, the risk in and to the goods sold shall pass to the Applicant when the goods sold have been offloaded at the Applicant’s premises.
3. WARRANTIES AND REPRESENTATIONS
All warranties implied by law are excluded. UNIMELT CC does not make any warranties, express or implied, nor does it make any representation other than those reduced to writing and signed by or on behalf of UNIMELT CC. All descriptive matter, weights, dimension, specifications and technical data sheets submitted are intended merely to promote a general idea of the goods described therein and their use shall not under any circumstances constitute a warranty or representation that the goods will conform to the description.
4. SUITABILITY OF MATERIAL
4.1 While UNIMELT CC will make every endeavour to ensure that the goods sold are in accordance with the Applicant’s requirements, UNIMELT CC gives no warranty, express or implied, nor any representations that the goods sold by UNIMELT CC are suitable for the purposes for which they have been ordered. It is the sole responsibility of the Applicant to ensure that the goods sold are compatible with the Applicant’s requirements. UNIMELT CC excludes liability for any loss or damage suffered (including consequential loss) arising either directly or indirectly from any chemical or physical or incompatibility.
4.2 Any claims for shortages or breakages by the Applicant must be made in writing immediately upon receipt of the goods. No claims for shortages or breakages will be accepted by UNIMELT CC unless made in writing within 7 days of delivery.
4.3 Provided UNIMELT CC is provided with an opportunity to examine the goods within both 30 days of delivery, and within 8 months of date of manufacture, and UNIMELT CC is satisfied that the goods have failed to correspond to the description provided thereof prior to order, or the goods are materially defective, then the Applicant shall have the right to:
4.3.1 Repayment of the purchase price; or 4.3.2 Replacement of the goods (subject to the costs thereof not having increased); or 4.3.3 Repair of the goods.
4.4 Where UNIMELT CC supplies goods to the specifications or technical data furnished by the Applicant, no liability for any loss or damage whatsoever shall attach to UNIMELT CC in the event of the goods sold failing to meet the Applicant’s standard of quality.
4.5 No claims will be recognised by UNIMELT CC if the Applicant disposes of or returns any goods to UNIMELT CC without its consent.
4.6 Any technical advice or assistance furnished to the Applicant, either before or after delivery, in connection with the use or processing of the goods, or the operation of any machinery for use in connection with the goods, will be given without charge and on the basis it represents UNIMELT CC’S best just judgment under the circumstance, and that it is used at the Applicant’s sole risk.
4.7 The purchase of any equipment or goods from UNIMELT CC confers no licence, express or implied, under any patents.
5. FREIGHT/FOREIGN SUPPLY
5.1 In the event of the goods being specially ordered from a foreign supplier for dispatch directly to the Applicant, UNIMELT CC may adjust the purchase price in accordance with any variations in the exchange rate.
5.2 Should UNIMELT CC undertake to pay any freight costs, it shall have the right to designate the route and means of transportation. Should the Applicant specifically request an alternate means of transportation/route, the Applicant shall be liable to reimburse UNIMELT CC for any additional costs which may arise therefrom.
5.3 The Applicant shall be liable for all taxes, excises, storage or other charges which may be required by any governmental authority (national, provincial or local), or any other entity, during the transportation/importation of the goods, unless otherwise agreed with UNIMELT CC and reduced to writing.
The Applicant hereby indemnifies UNIMELT CC against all claims brought against UNIMELT CC by a third party and all other costs incurred by UNIMELT CC in defending or settling such claims arising from any cause whatsoever in connection with this agreement, any services rendered by UNIMELT CC to the Applicant or goods sold to or manufactured for the Applicant. This indemnity shall include but shall not be limited to, any claims for damages for personal injury, or arising out of an infringement of proprietary rights of any person.
7.1 The price lists are issued for information purposes only and do not constitute offers of sale. 7.2 The price of goods ordered for delivery after 30 days of date of order, will attract a cost applicable at the time of delivery. 7.3 All goods ordered for delivery within 30 days of placing the order will attract a cost in effect at the time of making the order. Before making such delivery, the Applicant will be notified of change in the price of the goods and the Applicant shall have the right to cancel the delivery to which the change applies. 7.4 UNIMELT CC reserves the right to amend the price of its goods without notice.
8. LATE DELIVERY
UNIMELT CC cannot be held liable for any loss or damage suffered of whatsoever nature by reason of late or non-delivery of goods ordered.
9. FORCE MAJEURE 9.1 UNIMELT CC shall not be considered in default if its failure to perform is attributable to any of the circumstances stated herein if they occur after the conclusion of the contract or when they have occurred before that time, if the effects are not clearly foreseeable before the conclusion of the contract and they prevent, hinder or delay the production or delivery in which the Applicant intends to use the goods or the Applicant’s acceptance of the goods or UNIMELT CC’S production of the delivery by their agreed means.
The following shall be considered cases of relief (force majeure): industrial action and labour disputes, or any other circumstances including but not limited to, fire, flood, mobilization, war, insurrection, requisition, embargo, blockade, currency restrictions, general shortage of labour, transport, materials, energy and water, obstruction of railways, roads, or obstruction by all means in the port of shipment, non-delivery or faulty or delayed delivery by the supplier of raw materials, Acts of God, or other circumstances beyond the control of UNIMELT CC whether or not similar to the causes enumerated herein.
9.2 UNIMELT CC shall without delay inform the Applicant of the intervention and cessation of any of the aforesaid circumstances impeding the performance of UNIMELT CC. If by any reason of any of the aforesaid circumstances the performance of UNIMELT CC under the contract within a reasonable time becomes impossible, the Applicant as well as UNIMELT CC shall be entitled to cancel the contract the forthwith by written notice. Neither party shall be entitled to any claim of damages whatsoever due to the cancellation of the contract on the aforesaid grounds.
The Applicant chooses as its domicilium citandi et executandi the address as listed under ‘Registered address’ in Section A and Section B or the Registered Address in Section C of the Credit Application Form.
UNIMELT CC chooses as its domicilium citandi et executandi the address as listed on the face of the Credit Application Form.
All notices to either the Applicant or UNIMELT CC forwarded to such abovementioned addresses by prepaid registered post shall be deemed to have been received by the either party on the 7th day after postage thereof, or, if delivered by hand to either of the abovementioned addresses, upon that date.
11.1 Should any provisions of the general conditions of sale conflict with any of the terms of conditions set out in this form, then the latter shall prevail.
11.2 These terms and conditions are not capable of being cancelled or varied unless such cancellation or variation is reduced to writing and signed by both UNIMELT CC and the Applicant.
11.3 In the event of either party being required to engage in the services of an attorney and/or advocate as a result of the other party’s breach, or in the event of any dispute between the parties being referred to arbitration, the party in whose favour judgment is given or an award is made will be entitled to costs on the scale as between attorney and client from the party in breach or the unsuccessful party.
11.4 The agreement is not assignable or transferable.