IQ RETAIL ACC # *

Accounts Email Address *

Business Bank Account *
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Name & Address of Owners / Directors / Members / Partners *

Company Reg & ID Documents *
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Vat Registration *
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Credit Limit Request *

Trade References *

1. DEFINITIONS "Company" - shall mean that company which is the proprietor of the trading organisation indicated on the front page at the time of any contract. "Contract" - shall mean any contract for the sale of any goods, the provision of any service otherwise between the company and the customer whether such contract arises out of: i) any offer by the company and accepted by the purchaser, or ii) any offer made by the purchaser and accepted by the company, including such offer made by the purchaser in response to a quotation by the company, "Head Office" - shall mean the principal place of business of the company within the magisterial district of Johannesburg, "Customer" - shall mean the customer named overleaf 2. APPLICATION a} These terms and conditions shall apply to any contract and no alteration or variation hereof shall be of any force of effect unless agreed to in writing and signed by an authorised representative if the company. b) A contract shall be deemed to have been concluded at the Head Office irrespective of the circumstances surrounding or giving rise to such contract. 3. PRICE AND PAYMENTS a) The contract price shall be paid by the purchaser without any deduction or set-off within 30 days of the date of the company's statement of account in respect of any contract concluded during the calendar month in question, it being recorded that it is the company's practice to despatch statements of account at the end of each calendar month. b) The customer shall be liable for interest at the rate of 2% per month on all accounts which remain unpaid after the due date as contemplated in (a) above. c) The price of the goods will be the official price list of the company ruling at the date of delivery under any contract. d) No discount on the contract price shall be allowed unless agreed thereto in writing by the company and subject always to the condition that should the price not be paid on or before the due date such discount shall be disallowed. 4. DELIVERY a} Delivery shall be completed when goods are handed to the purchaser or its agent at the company's premises and before loading commences and all risks in and to the goods shall pass to the customer upon delivery. b) Should the company agree to effect transportation of any goods on behalf of the customer, it shall be entitled as the customer's duly authorised agent to engage a carrier of its choice and on such terms and conditions as it deems fit in which event the carrier shall be the agent of the customer indemnifies the company against all claims of any nature whatsoever which may be made against it by such carrier and the cost of such carriage shall be borne to the customer, c) Time, in respect of delivery, shall not be of the essence of any contract and notwithstanding anything the contrary herein contained, the company's obligation to deliver goods shall in all cases be subject to the availability of the materials or goods in question. d) Should the customer fail to remove any goods from the company's premises, the following delivery, the company shall be entitled to store the same at the customer's risk and the customer shall pay to the company on demand the reasonable costs thereof including storage and insurance, 5. OWNERSHIP Notwithstanding the fact of delivery of goods to the customers, ownership therein shall remain vested with the company until such time as it has received payment of the full contract price in respect thereof, 6. EXCLUSION OF LIABILITY a) The company shall in no circumstances be liable to the customer, any of its servants, agents, employees or customers, for any loss or damage of whatsoever nature of howsoever arising including consequential or special damages or any loss of profit which may arise frorn.- i) Any breach by the company of its obligations under a contract, ii) The late or short delivery of goods, iii} And defects in goods or materials (whether latent or patent) on workmanship iv) Any other cause; it being recorded that the company has not made any representations or warranties as to its goods or services. b) Notwithstanding the provision of (a) above, the company undertakes to replace any goods which are demonstrated to its satisfaction to be defective provided always that such defect shall have manifested itself and that the customer shall have notified the company at the head office in writing if such defect within fifteen days of delivery hereof and in no circumstances shall the company's obligation or liability in respect of such defect exceed what is contemplated in this sub-clause, 7. COMPANY'S REMEDIES a) Should the purchaser fail to pay any amount owed by it to the company on or before the due date, then, without prejudice to any other rights which the company may have in terms hereof, it shall be entitled to withhold the performance of any other Obligations owed by it to the customer. b) Without prejudice to any other rights which the company may have, it shall be entitled (in relation to any contract to claim performance of the customer's obligations thereunder, or, alternatively, to cancel any contract and such damages as it may have suffered as result thereof in the event of the customer.- i) Committing any breach of the terms and conditions hereof or of any contract: ii) Being provisionally or finally sequestrated, wound up or placed under judicial management (as the case may be) or compromising or attempting to compromise with any of its creditors; The company shall not pass obliged to give any notice to the customer prior to the exercise of its rights in terms of this clause. c) No relaxation or indulgence by the company shall be constructed as a waiver of its rights in terms hereof, d) In the event of the company being entitled to exercise any of its rights as contemplated in sub-clause (b) above. all amounts then owed by the customer shall immediately become due and payable, 8. JURISDICTION The customer hereby consents in terms of Section 45 of Act Number 32 of 1944 to the jurisdiction of the Magistrates Court having jurisdiction over the company's person notwithstanding that the subject matter or cause in respect of any proceedings instituted by the company might otherwise exceed the ordinary jurisdiction of such court. 9. MISCELLANEOUS a} The headings contained in these terms and conditions are inserted for convenience only and shall not effect the interpretation hereof. b) In the event of the company having to institute and legal proceedings against the customer to enforce to protect rights in terms hereof the customer agrees that it shall be liable to pay all costs and expenses in relation to such proceedings including legal costs on the scale as be~een attorney and client and collection commission. c) The customer chooses as its domicilium citandi et expected the street address which appears in this document for all purposes hereunder. d) The company shall have tile right at any time to require the customer (if it is not a natural person) to procure and furnish forthwith from each of its members, shareholders or directors, a deed of suretyship substantially in the form contemplated overleaf. The customer will be liable for any stamp duty payable thereon. e) There customer hereby cedes to the company all its right, title and interest in and to all of its book debts and claims against other persons (present and future) as security for any indebtedness to the company arising from a contract. I the undersigned accept the terms and conditions printed above which I read and understood and warrant the correctness of the information furnished above *

Agree