Contract Terms & Conditions of Sales & Maintenance & Deed of Surety:
“PGOG” is Poolgirls on the go
Water samples will be collected once a month, on specific days as arranged & agreed by both parties. This obligation by PGOG will only be preformed, once the amount due monthly in advance in terms of this agreement is fully paid.
Should the client require any addition collections, the client will instruct PGOG accordingly and an additional call out fee of R150.00 (One Hundred & Fifty Rand) paid in advance, will be applicable.
PGOG will advise the client via email of the products required once the water samples have been tested.
Written consent, payment and proof thereof by the client, forwarded to PGOG will be a prerequisite for the delivery of goods.
Delivery of goods where payment is effected to PGOG by cheque will only take place once cheque is properly cleared.
Telephonic orders or instructions must be confirmed in writing or e-mail by the client & accepted by PGOG.
Date & time of deliveries will be arranged in advance with clients.
Clients will have to ensure:
- That at responsible designated person in present at home at the arranged time of delivery. Should PGOG not be able to deliver due to the fact that aforementioned person is not at home at the arranged time & date, or he/she refuses to accept the goods, or delivery is not possible for whatever other reason not accountable to PGOG, the delivery will only take place once the requirements as set out in paragraph 2 is met.
- That aforementioned person will be responsible to check & ensure that goods are not only received in good condition but also to check the stock against the invoice & confirm this by attaching his/her signature on the invoice.
As the signature in paragraph 5b above confirms that all the goods set out on the invoice were received in good order, PGOG, will not accept any responsibility for the quality or the quantity of the goods delivered after the time of signature.
The goods shall be regarded as having been sold “voetstoots” without warranty against latent defects therein. No liability whatsoever shall arise furthermore on the part of PGOG for any representation or warranty made or alleged to have been made in respect of goods sold by PGOG to the client.
Notwithstanding the above, PGOG will at its sole discretion, be entitled to agree to accept the return of any goods for credit. In such an instance PGOG will levy a handling charge of not less than 10% on the invoiced price of the goods returned by the client.
Should the client act on behalf of a limited liability company or closed co-operation or a body corporate, or for such legal entity to be formed, the Directors/Members/Trustees agree & undertake to bind themselves as Surety/ies & Co-principal debtor In Solidium in respect of all amounts owing by the client.
Payment of the purchase price for the full period as recorded in the maintenance contract shall become due & payable on signature of the said contract by the client & again on the anniversary of subsequent renewal periods. Should the client fail to effect any single installment as contractually stated on the contract timeously then the full balance outstanding would immediately become due & payable. The client shall not entitled to defer or withhold payment due in terms of the agreement by reason of set off or counterclaim.
A three calendar month notice period is required for the cancellation of this agreement by the client & the client therefore will be liable for three months installments as fully recorded in the agreement.
The client is also required to ensure that three calendar months is given before the end of the contract period, should the client want to cancel the contract. Failure to give such notice in accordance with the contract will result in the contract automatically being renewed for the same period as that of the initial contract.
The client & or Surety/ies & Co-principal Debtors nominates as his/her domicilium citandi etexecutandi the physical address/registered office as reflected on the face hereof, for service upon it of all notices & processes in connection with any claim for any sum due to PGOG arising from this agreement.
Any notice of change of address must be given in writing by the party concerned and delivered by hand or sent by registered mail, to the other party, which shall be deemed to have been received within (7) days of posting, if notice is by registered post.
The client is to ensure that the contractual installments are paid to Poolgirls on the Go’s Bank account, which is Packeging Exelence Fnb Centurion cheque account.
Acc number:620 481 508 25 Branch Code: 261-550.
The client authorizes PGOG to draw against its bank account, whenever it may be, the amount due monthly in advance in terms of this agreement. It is a prerequisite of this contract that the client undertakes to sign a debit order authorization to this effect.
The signing of the maintenance contract, constitutes an order and the signing thereof shall be deemed to constitute acceptance of the terms and conditions contained herein, which terms and conditions shall take precedence over and supersede any other written or oral agreement concluded between the client and PGOG or its agents or representatives.
The client and or Surety/ies and Co-principal Debtors further consents to the jurisdiction of the magistrates court in terms of Section 45 of the magistrates Court Act, Act No: 32 of 1944(as amended) having jurisdiction under Section 28 of the said Act, notwithstanding that the claim of PGOG may exceed the jurisdiction of the Magistrates Court as to the amount. PGOG may institute proceedings, notwithstanding the afore mentioned consent in any other court of competent jurisdiction, at its own discretion.
In the event of PGOG instructing attorneys to collect from the client and or Surety/ies and Co-principal Debtors any amount owing to PGOG, the client and or Surety/ies and Co-principal Debtors agree to pay all costs on the scale as between attorney and own client, including 10% collection commission and disbursements.
No variation or amendment hereof or addition here to shall have any force of effect unless in writing and signed by the client and PGOG or their duly authorized agents. No indulgence, extension of time, relaxation or latitude shown, granted or allowed by PGOG to the client, shall in any way constitute a novation or waiver by PGOG of any of its rights hereunder, nor shall PGOG be prevented in any way from exercising any of its rights hereunder by virtue hereof. |
