The entity described in above is hereinafter termed ‘the applicant.’
SHTL (PTY) LTD is hereinafter termed ‘the carrier.’
APPLICATION OF AGREEMENT
In the event of the carrier transporting goods for the applicant from time to time, then such transportation shall be subject to these terms and conditions read with the written order placed on the carrier by the applicant and the carrier’s written acceptance thereof.
On the representations made by the applicant in this Agreement, the carrier shall determine the amount of the credit facility which shall be granted to the applicant.
The grant of the credit facility is made upon the strength of the material representations made by the applicant in this Agreement. If the representations made by the applicant are incorrect, then the carrier may at its sole discretion amend, alter or withdraw the credit facility without prejudice to any of its other rights.
The carrier shall notify the applicant of the amount of the credit facility which is granted.
In the event that the applicant breaches any of the terms contained herein then the carrier may withdraw the credit facility.
The terms of payment for carriage services are strictly cash payable via electric funds transfer into the carrier’s bank account, within 30 days of the date of the carrier’s invoice unless otherwise agreed to by the carrier in writing, and payment shall be made free of deduction, set-off, demand or exchange.
If payment is not made within 30 days of the date of the invoice, interest shall accrue on the outstanding amount at a rate equal to 2.5% per month from the 31st day after the day of the carrier’s invoice to the date of payment.
In the event of an overdue amount being handed to an attorney for collection, the applicant shall pay all legal costs incurred by the carrier on the attorney and own client scale including collection charges and tracing fees.
If the applicant fails to pay within the aforesaid 30 day period or such other period as might be agreed in writing, the carrier shall be entitled to forthwith withdraw all credit facilities and the full balance then owing by the applicant shall immediately become due and payable.
All services rendered by the carrier in connection with a contract are performed entirely at the risk of the applicant. The carrier shall not be liable to the applicant for any loss and/or damage (including direct, indirect and consequential damages) which may be suffered by the applicant or any third party resulting from any damage to the goods, or from any loss, destruction, contamination, deterioration, late delivery or non-delivery thereof in connection with a contract, however arising and even if caused by or attributable to the negligence of the carrier, its employees, agents or subcontractors.
The applicant hereby indemnifies the carrier, its directors, officers, employees, agents and subcontractors and holds them harmless against all claims, demands or legal proceedings which might be made or be instituted by any person against any one or more of them (including all legal costs, on the attorney and own client scale, which they may incur in resisting the afore going and in enforcing this indemnity) in respect of any liability disclaimed by the carrier.
The applicant hereby warrants that the goods are and shall be the applicant’s sole and absolute property or that the applicant is and shall be authorised from the commencement of any contract between the applicant and the carrier by the persons owning or who are otherwise interested in the goods concerned to enter into a contract upon these terms and conditions.
Whilst every effort shall be made by the carrier to transport the goods within a reasonable period of time, carriage will not be undertaken on the basis that time is of the essence unless so agreed in writing by the carrier. The applicant shall furthermore not be entitled to cancel or repudiate or claim damages under a contract due to late or impending late delivery, unless time is agreed to be of the essence.
The carrier shall be entitled to institute legal proceedings against the applicant in the Magistrates’ Court notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrates’ Court.
In the event of the carrier instituting legal proceedings against the applicant for recovery of any amount which is outstanding, then a certificate issued by any member of the carrier shall be prima facie proof of the facts stated therein.
No alteration, consensual cancellation or variation of this agreement shall be of any force or effect unless it is first recorded in writing and signed by the parties.
No relaxation or indulgence which either party may allow the other in regard to the performance of any of their respective obligations under this agreement shall constitute a waiver of or in any way prejudice that party’s rights under the agreement.
This agreement, read with the written terms of a particular order and the acceptance thereof, shall constitute the entire agreement between the parties.