All sales of goods to the customer by the creditor are concluded on the under mentioned.
STANDARD TERMS AND CONDITIONS INCLUDED WHICH IS A DEED OF SURETYSHIP BY THE SIGNATORY HERETO..
1. I/We the undersigned hereby agree and permit that Stoked Distribution (Pty) Ltd is entitled to:
A) Make any reasonable enquiries to any party to verify and research any details provided by the Applicant on this application form, or any other details in relation thereto.
B) Access the files of any Credit Bureau or its agents or its clients to ascertain the Applicant’s and its Directors and/or Members and/or Principal’s total available credit profiles when assessing this application and at any time during the currency of the Applicant’s account with the Supplier.
C) Disclose the existence and the conduct of the Applicant’s account with the Supplier, whether still current or not, to any Credit Bureau or other credit grantor for publication.
2. Payment terms are strictly 30 (thirty) days from the date of first statement.
3. All goods remain the sole and absolute property of Stoked Distribution (Pty) Ltd until full payment has been received by the creditor in respect of any such goods supplied to the customer.
4. The customer hereby acknowledges that should any amount not be paid on due date, the full amount owing by the customer to the creditor shall immediately become due an payable without notice of whatever nature, notwithstanding that any amount may, as at that date, not yet due. The customer shall pay 2% above the prime rate charged by FNB South Africa (Pty) Ltd on all overdue amounts from the due date of the payment till the actual payment. The customer further agrees that the creditor may carry out a credit enquiry with a credit bureau of its choice. In the event of its default in any respect whatsoever towards the creditor, the creditor shall be entitled to place the customer on “stop supply” without notice, notwithstanding that the customer may have placed an order for the supply of goods prior to the stop supply date. The customer also agrees that after 28 days written notice, the conduct of the account may be forwarded to a credit bureau.
5. In the event of the creditor instructing its attorneys to collect any amounts, all legal fees and collection charges and tracing agents’ fees, as between attorney and client, shall be borne by the customer. All payments made shall firstly be allocated towards such fees and charges, thereafter to interest and finally capital.
6. The customer and the surety\ies hereby consent to the jurisdiction of the Magistrates Court for all actions, which may be instituted against one, or all for the recovery of any amounts owing to the creditor.
7. In all cases where delivery is by carrier, the carrier shall be deemed to be the customer’s agent and delivery to such carrier shall be deemed to be delivery to the customer.
8. All goods remain the sole and absolute property of the creditor until full payment has been received by the creditor in respect of any such goods supplied to the customer.
9. No amendment and\or variation and\or deletion and\or addition of these terms and conditions, whether consensual or unilateral and bilateral shall be of any force and effect unless reduced to writing and signed by the creditor. No agreement, whether consensual or unilateral or bilateral, purporting to obligate the creditor to sign and written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by the creditor. No warranties, representatives or guarantees have been made by the creditor or on its behalf, which may have induced the customer and\or, the surety to sign this document.
10. For all purposes under this agreement, including giving notice, the services of any process and for all purposes arising from this agreement, the customer and the surety\ies hereby choose domicilium citandi et executandi at the physical address of the customer stipulated on the face hereof.
11. No relaxation or indulgence granted by the creditor to the customer and\or the surety\ies shall be deemed to be waiver of any of the rights of the creditor in terms of the agreement and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions of this agreement.