Terms and Conditions
CONDITIONS OF PURCHASE AND SALE
1 Unless the contract otherwise requires the following words shall have the following meanings ascribed to them:-
1.1 “THE CUSTOMER” means the person, firm or company whose full and further particulars are set out in the attached Business Particulars of Customer Form attached hereto.
1.2 “THE COMPANY” means Solid Rock Event Technical cc
1.3 “THE PARTIES” means either or both as the contact requires of the parties referred to in 1.1.1 and 1.1.2.
1.4 “EVENT PREMISES” means the location at which the scheduled event will take place.
1.5 In this Agreement words purporting a particular gender shall be deemed to include the other gender, words importing natural persons shall be deemed to include corporate bodies and associate persons and words importing the singular shall be deemed to include the plural.
2 No order placed by the CUSTOMER shall become binding upon the COMPANY unless said order has been accepted by a duly authorised representative of the COMPANY. All quotations by the COMPANY shall only be valid for a period of 14 (fourteen) days. It shall not be necessary for the COMPANY to give formal notice of acceptance of any Order to the CUSTOMER. For terms of payment see clause 7 hereunder.
3 No terms or conditions appearing in any of the CUSTOMER’S documents, including the CUSTOMER’S Buying Order, which are of variance with these terms and conditions shall be binding upon the COMPANY.
4 The CUSTOMER acknowledges that no representations, warrantees or any other statements made or given by any employee of the COMPANY shall be binding on the COMPANY unless given in writing under the signature of a duly authorised representative of the COMPANY, nor shall any variations in the terms of the contract be valid unless reduced to writing and signed by a duly authorised representative of the COMPANY.
5 Theses terms and conditions shall apply to all contracts entered into between the parties and no variations thereof, including any variation of this Clause, shall be binding upon the COMPANY.
ABSA Current Account 407 408 0797 632-005 Kempton Park Branch
7.5 Payment will only be deemed to have been made upon receipt by the COMPANY of proof of said payment;
9 The COMPANY has the right to cancel any contract with the CUSTOMER should the fulfilment be delayed or rendered impossible by war, invasion, insurrection, a strike by any government, municipal or civil authorities, breakdown, or any other cause beyond the restrictions of the COMPANY.
10 The CUSTOMER undertakes to provide access to the event premises as required by the COMPANY. If access is denied to the event premises, the COMPANY cannot guarantee timeous performance in terms of the contract and will the COMPANY not be held responsible for any losses suffered as a result.
11 The CUSTOMER will provide 24 hour security at the event premises and the CUSTOMER will be liable for all expenses and losses arising from any theft of the equipment or parts thereof, regardless of the circumstances relating to such theft.
12 The CUSTOMER will have a representatives, paramedics and an electrician available at the event premises. Should the CUSTOMER fail to have said personnel at the event premises, the COMPANY cannot guarantee timeous performance in terms of the contract and will the COMPANY not be held responsible for any losses suffered as a result.
13 The CUSTOMER warrants that all permits and permissions which may be necessary to hold the event will be in place and indemnifies the COMPANY against any damages arising from non compliance herewith.
14 Should the CUSTOMER cancel the event less than 7 (seven) days prior to the event date, the 50% deposit paid by the CUSTOMER will be used to cover any damages suffered by the COMPANY as a result of said late cancellation. The remaining amount, capped to a maximum of 50% of the deposit held, will be refunded to the CUSTOMER within a reasonable time.
15 Should the event be postponed for any reason the COMPANY retains the right to re calculate its quotation taking any losses suffered as a result of said postponement into account. The CUSTOMER will be liable for any damages so suffered as a result of said postponement. The COMPANY cannot and does not guarantee its availability with regard to any postponement.
16 Should any adverse weather conditions such as rain or hail, which may result in damage to the COMPANY’S equipment, occur the equipment cannot be operated. Should the CUSTOMER insist on the operation of the equipment under said conditions, the CUSTOMER accepts liability for any damage to the equipment.
17 No additions or attachments may be made to the COMPANY’S equipment without the express written consent
to same by an authorised representative of the COMPANY.
18 It is the CUSTOMER’S responsibility to return all equipment used in a clean state and in good working condition. Any costs incurred as a result of faulty or dirty equipment will be for the CUSTOMER’S account and does the CUSTOMER undertake to pay said reasonable account within 7 (seven) days of having been furnished with same.
19 The COMPANY undertakes to exercise all due and necessary care when operating / installing / removing the equipment at the event premises, but will the COMPANY not be held responsible for damages of whatsoever nature suffered by the CUSTOMER by any equipment or employee of the COMPANY.
20 The CUSTOMER further acknowledges its indebtedness to the COMPANY of any outstanding amount in terms hereof and consents to judgement being obtained against it upon its failure to pay any such outstanding amount upon demand from the COMPANY or its duly appointed representatives.
21.2 being an individual is provisionally or finally sequestrated or has surrendered his Estate or performs any act of insolvency;
22 If any amount owed by the CUSTOMER to the COMPANY in
respect of any claim is not paid on the due date then all amounts owed to the COMPANY by the CUSTOMER shall at once become due, owing and payable and any discount which the CUSTOMER may have been entitled to claim shall be forfeited.
23 If any claim against the CUSTOMER is placed by the COMPANY in the hands of its attorneys, and whether or not action is instituted and without prejudice to any other rights which the COMPANY may have, the COMPANY shall be entitled to recover all legal costs incurred by it on the attorney and own client scale, including, without departing from the generality of the afore going, all collection commissions and associated costs as the COMPANY is obliged to pay to the attorneys, from the CUSTOMER.
24 The COMPANY shall not be liable in respect of any claim which has not been lodged either by hand delivery or by pre- paid registered post as its head office in writing and within ten (10) days of the date of delivery of the service agreed to herein and in the quotation. A claim will not be deemed to have been lodged unless the nature of the claim is clearly stated in writing.
25 The COMPANY shall be exempted from and shall not be liable under any circumstance whatsoever:
obligations in terms hereof;
26 No indulgence or variation of rights granted by the COMPANY shall be prejudicial to or constitute a waiver of any of the COMPANY’S rights under this agreement or at law and any waiver of rights by the COMPANY shall not be construed as such unless each waiver is reduced to writing and signed by the COMPANY.
27 The PARTIES hereby consent to the jurisdiction of the Magistrate’s Court not withstanding that the amount claimed by any PARTY may otherwise be beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to Section 45 of the Magistrate’s Court Act of 1944 as amended, provided however, that the COMPANY shall have the right at its sole option and discretion to institute proceedings in any other competent court in respect of any claim.
28 A Certificate signed by the Director of the COMPANY reflecting particulars of the amount owing by a customer will, on the mere production thereof, be binding upon the CUSTOMER and be prima facie proof of the CUSTOMER’S indebtedness to the COMPANY and of the fact that said amount is due and owing by the CUSTOMER to the COMPANY. Said certificate will be valid in any legal proceedings between the COMPANY and the CUSTOMER and will be also be valid inter alia as a liquid document against the CUSTOMER in any competent court.
29 Each and every undertaking herein shall be capable of independent function, thus enabling any court or other competent tribunal to enforce the remainder of this agreement should it be adjudicated that any particular undertaking or portion hereof to be invalid.
30 The CUSTOMER chooses as its domicillum citandi et executandi for all purposes under this agreement at the address reflected in the INFORMATION AND ACCEPTANCE OF TERMS AND CONDITIONS Form which forms the first page of this agreement. Any notice to be given of which may be given by the COMPANY to the CUSTOMER in terms of or pursuant to this agreement shall be given in writing and shall be deemed validly served if delivered personally or seven (7) days after it shall have been posted by pre-paid registered post to the above mentioned address. The CUSTOMER shall have the right at any time to substitute its said domicillum with another address in the Republic of South Africa by giving written notice to the COMPANY, in the manner set out in this clause, of the appointment of a new address.
31 Should the CUSTOMER be acting for and on behalf of a client of the CUSTOMER’S, the CUSTOMER hereby indemnifies the COMPANY against any dispute which may arise between the CUSTOMER and its client and undertakes to pay over to the COMPANY any monies due and owing in terms hereof despite the fact that the CUSTOMER has not received payment from its client.
32 Should the need arise, during any show and/or subsequent to the CUSTOMER having accepted these terms and conditions, for the use of any extra items or supply of any extra equipment so as to ensure the service as agreed upon can be delivered by the COMPANY to the CLIENT, the CLIENT will be liable for payment in connection of the delivery of these extra services and/or goods and will the COMPANY invoice the CLIENT on a separate invoice for said extras and will all of the above terms and conditions be applicable to said extras.