Terms and Conditions of Sale.

DEMAND PAYMENT

Notwithstanding any credit terms and discounts to allowed by the company from time to time, the Purchaser acknowledges that all amounts fall due on demand and all credit terms and discounts offered remain subject to review at the discretion of any Director/s of the company from time to time.

CREDIT TERMS

The Purchaser acknowledges that the decision of the company to grant or withdraw credit is materially based on the information furnished by the Purchaser to the company, and accordingly the Purchaser warrants that the same is true and correct in every respect.

INDULGENCES

No extensions, other indulgences or concessions by or on behalf of the Company to the Purchaser shall in any way prejudice the rights of the company or be constructed as a waver of such rights.

VARIATIONS

The Purchaser agreed to abide by the terms and limits of any credit facilities afforded to the Purchaser and acknowledges that the Company may at any time and without notice to the Purchaser vary the limits of any credit facility or withdraw same.

INTEREST

The Purchaser agrees to pay interest on all overdue accounts at the maximum amount permitted from time to time by legislation.

LEGAL ACTION

The Purchaser agrees that if it becomes necessary for the Company to hand this account over for collection the Purchaser will be liable for all costs on the scale as between Attorney and Client, including collection commission. Consent to the jurisdiction of the Magistrate’s Court in terms of the provision of Section 45 of the Magistrates Court Act (32 of 1944 as amended) for the determination of any claim, which the company may at any time have against the Applicant, even though the amount of the claim exceeds or in the jurisdiction of such court, it shall, nonetheless, be in the discretion of the company to institute action either in the Magistrates Court in terms of the consent aforesaid or in the High Court of South Africa having jurisdiction.

SALE FOR CASH

Unless specifically agreed to the contrary in writing between the Company and the Purchaser, all sales by the Company will be for cash and payable by the Purchaser, cash with order.

WARRANTS

The goods supplied are warranted to be as specified on the container in terms of type and composure. No warranty is given to as application. Where it be demonstrated that the exact compliance with the Company’s recommendations regarding application has taken place and that the so applied product has been proven to be faulty, the Company shall be liable only for the product of the invoiced amount, at the sole discretion of the Company. No employee, agent or other party reporting to act on the behalf of the Company shall be capable of binding of the company to any warranties or representation unless such is reduced to writing and signed by a duly authorized representative of the Company.

RESERVATION OF OWNERSHIP

All goods shall remain the property of the Company until paid for in full or until sold to a third party by the Purchaser. All payments, whether in cash or account, will be deemed to be allocated first to the Company’s stock already sold or consumed by the Purchaser and second to the oldest outstanding unpaid for stock items. The Company’s batch numbers will be concluusive proof of the age of such a stock item.

RISK AND DELIVERY

Not withstanding the reservation of ownership, all risk in respect of the goods will pass and vest In the Purchaser at the point and time of delivery thereof. Delivery shall be deemed to be effective by handover of the goods to the carrier in cases where the Company’s transport is not being used or upon handing over of the good to the Purchaser or his representative where the goods are conveyed the Company’s own transport. It is specifically agreed that any person who professes to act on behalf of the Purchaser to be authorized at the point of delivery, shall be deemed to be duly authorized to receive the goods on behalf of the Purchaser.

RETURN OF GOODS SUPPLIED

The Purchaser shall return all unpaid stock items on demand to the Company. The Purchaser may not return goods supplied without the written consent of the Company. The consent of the Company may be withheld where the goods in question have been in the hands of the Purchaser for what is deemed to be an excessive or unreasonable period of time, or if the goods in question are not in a condition on the terms sought for the return thereof. In the case of “Special Orders” no return whatsoever will be permitted.

SPECIAL ORDERS

Orders placed for goods not included on the price list will be deemed “Special Orders”. The Purchaser shall be obliged to receive and pay for all special orders delivered within a ten percent shortfall or excess of the quantity ordered.

LIMITATION OF DAMAGES

The Company’s liability shall not extend to any form whatsoever or consequential suffered by the Purchaser or the customer and shall, where applicable, be restricted to the invoice cost of the goods in question or the replacement thereof, at the sole discretion of the Company.

INFORMATION

The Purchaser hereby authorizes the Company to obtain from the Purchaser’s Bankers any information within the Company may require from time to time in connection with the Purchaser’s account at the said Bank.