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STANDARD TERMS AND CONDITIONS OF DESIGNABILITY CC ( trading as "Bulbinella", registration number: CK 2003 / 028465 / 23 ) 13 May 2004 1. All contracts and business concluded between Bulbinella and its customers shall be subject to conditions of contract contained in these standard terms and conditions. 2. Bulbinella reserves the right, in the event of credit being granted to a customer, to discontinue any account granted and summarily to cancel any agreement in respect of which payments have fallen in arrears, in which event the customer shall forthwith pay all amounts to Bulbinella, whether or not such amounts are otherwise due and payable. 3. Overdue amounts due by any customer to Bulbinella shall bear interest at the prime rate of interest charged from time to time by Standard Bank of South Africa Limited to its first class corporate clients, plus 3 percent thereon, which rate may be proved by a certificate from any official of the said bank (whose authority it shall not be necessary to prove), and which shall constitute prima facie proof of the contents thereof and may be used for the purpose of summary judgment or provisional sentence in any competent court. 4. A certificate by a duly authorised employee of Bulbinella shall be prima facie proof of the outstanding amount due and payable by a customer to Bulbinella in terms hereof, and such certificate may be used for the purpose of summary judgment or provisional sentence proceedings in any competent court. 5. In the event of Bulbinella incurring any legal costs pursuant to a breach by a customer of any of its obligations herein, the customer shall be liable for and pay Bulbinella's legal costs so incurred on the scale as between attorney and client, including tracing charges. 6. Bulbinella shall be entitled, in its sole discretion, to institute legal proceedings against a customer in any magistrate's court having jurisdiction in terms of the Magistrate's Court Act no. 32 of 1944, as amended ( "the Act" ), notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said court, and for that purpose, the parties accordingly give their consent in terms of Section 45 of the said Act. 7. Notwithstanding delivery, ownership in and to any goods purchased by a customer from Bulbinella shall remain vested in Bulbinella until the purchase price in respect thereof has been paid in full. 8. All payments due by a customer to Bulbinella on account of goods purchased by the former or services rendered by Bulbinella such customer shall be made free of exchange, deduction or set-off. 9. All goods sold by Bulbinella shall be on a "voetstoots" basis, and no warrantees or representations in relation to the goods are made by Bulbinella with regard to the marketability, fitness for use or the suitability of the goods for any purpose intended by the customer. 10. Unless otherwise agreed to by Bulbinella in writing, delivery terms for any goods purchased by a customer shall be "ex store" at Bulbinella's premises situated at 34 Baker Street, Observatory, Cape Town. 11. All risk in and to the goods shall pass from Bulbinella to the customer immediately on conclusion of any agreement of sale in respect thereof, notwithstanding that ownership therein shall not pass to the customer until such time as full payment of the purchase price has been made. 12. Under no circumstances whatever shall Bulbinella be liable for any indirect or consequential losses or damages howsoever caused or suffered by a customer. 13. No variation of these terms and conditions shall be binding on Bulbinella unless embodied in a written document signed by a duly authorised member thereof as defined in the Close Corporation Act no. 69 of 1984, as amended. 14. No extension of time of waiver or relaxation of any these terms and conditions shall operate as an estoppal against Bulbinella in respect of its rights hereunder, nor shall it operate to preclude Bulbinella thereafter from exercising its rights strictly in accordance with such terms and conditions. |