To: schermer building services cc, trading as kingcrete

African Oxygen Limited t/a Afrox Registration Number – 1927/000089/06
NOTE: The person authorised to sign this application, and his/her witnesses, must initial the foot of each page
Purpose of Application:

New Account
Existing Account - Application for change in Credit Limit/Terms [Afrox Account no. _________________]
Existing Account - Notification Afrox of other changes i.e. ownership [Afrox Account no. _________________]
Please indicate type of account required:

Debit Order
Full Credit - 30 Days

Please indicate type of product required:

Hospitality
Compressed
Machines
Homecare
Products

Please indicate type of user:

Reseller

Please indicate Legal Entity:

Individual
Sole Proprietor
Partnership
Pty(Ltd)
Trust Other

Customer's Total Annual Turnover: R______________________
(Amount in words: ______________________________________________________________________________ )
If CPA Compliant please complete:

Natural Person
Juristic Person
Init: _________
S
The account is to be opened in the following name: ______________________________________________________ Physical Address of Principle Place of Business: ________________________________________________________ _______________________________________________________________________________________________ Name and Telephone number of Landlord if rented: _____________________________________________________ Postal address: __________________________________________________________________________________ Postal code:
Business:
Cellular:
INIT: _____ / _____ / _____ / _____
E-Mail Address: __________________________________________________________________________________ Estimated Monthly Purchases: R __________________________________ Credit Limit Requested: R _______________________________________ Can the latest audited financial statements be made available:
Bank Name:
Account Number:
Name of Account Holder:
Date Account Opened:
Type of Account:
The customer authorises Afrox to obtain a bankers code from the customer’s bankers or instruct any other preferred entity to obtain this on behalf of Afrox in order to asses/re-asses credit terms Name of Firm
Contact Person
Telephone Number
Registered Name of Entity: _________________________________________________________________________ Trading Name: ___________________________________________________________________________________ Company Registration No:
Date of commencement of business :
Registered name of Holding Company: ________________________________________________________________ Particulars of members/directors Full Names
Identity No.
INIT: _____ / _____ / _____ / _____
Full Name: ______________________________________________________________________________________ Identity no. of customer:
Marital status:
unmarried
married in community of property
married out of community of Property
Residential Address:_______________________________________________________________________________ Name and address of current employer: _______________________________________________________________ Occupation: ____________________________________________________________________________________ Full Name of Spouse: _____________________________________________________________________________ Identity no. of Spouse:
Name, address and telephone no of spouse's employer___________________________________________________ _______________________________________________________________________________________________ Trading name of business: _________________________________________________________________________ Date of commencement of business :
Full Names
Identity no.
Medical Aid Name: _______________________________________________________________________________ Medical Aid No: ____________________________________ Registration No: ____________________________________ Physical Address where equipment will be held: _________________________________________________________ _______________________________________________________________________________________________ Next of Kin Details: Surname: ______________________________________ INIT: _____ / _____ / _____ / _____
First Names: ____________________________________ Relationship: ____________________________________ Residential Address: ___________________________________________________________________ Contact Details: Cellular:
Landline:
1. The Customer agrees that the amount contained in an invoice or tax invoice issued by Afrox shall be due unconditionally (b) if the Customer is a credit approved customer, within the granted credit period as specified on the Application for Credit, from the date of an invoice or tax invoice being issued by Afrox. Should any amount not be paid on due date as per agreed terms the whole amount shall become due, owing and payable irrespective of the date(s) when the goods were purchased. 2. The Customer agrees to pay the amount on the invoice or tax invoice at the offices of Afrox or its appointed agents. 3. The risk of payment by cheque through the post rests with the Customer. 4. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer, and any such extension will not be applicable or enforceable unless agreed to by Afrox, reduced to writing and signed by the Customer and a duly authorised representative of Afrox. 5. The Customer is not entitled to set off any amount due to the Customer by Afrox, against this debt. 6. Any printout of computer evidence tendered by any party shall be admissible evidence. 7. The Customer agrees that in the case of late payment, interest shall be payable to Afrox on the overdue monies, which shall be calculated at the prime overdraft rate of Afrox's Bankers plus five percent from the date of invoice. 8. The Customer agrees that if an account is not settled in full (b) within the period agreed in clause 1 above in the case of a credit approved customer; Afrox is (i) entitled to draw a notice of default to the attention of the Customer for settlement of the account, failing which Afrox will immediately institute action against the Customer at the sole expense of the Customer; or (ii) to cancel this Agreement and take possession of any goods delivered to the Customer and claim damages. These remedies are without prejudice to any other right Afrox may be entitled to in terms of this Agreement or in law. Afrox reserves its right to stop supply immediately on cancellation or on non-payment. 9. A credit approved customer will forthwith lose this approval when payment is not made according to the conditions as set-out in this section. Credit facilities may also be suspended at any time that the customer is in default, without prior notice and/or withdrawn on 10 (ten) business days’ written notice to the Customer and the extent and nature of such facilities shall at all times be in Afrox's sole discretion. 10. The Customer hereby selects and nominates the address stated in Section B to Section E above, as the chosen address at which service of all notices and demands will be accepted. Should Afrox proceed with legal action against me/us, I/we confirm that the address as stated in specific Section and Clause above shall be my/our chosen address where I/we shall accept service of a summons and/or application or any court process as may be required. 11. The Customer consents to the jurisdiction of any magistrate's court having jurisdiction by virtue of section 28 of the Magistrate's Courts Act, for the determination of any claim which Afrox may at any time have against the Customer arising out of the supply of goods, and which would otherwise be beyond the jurisdiction of a magistrate's court because of the amount of the claim. Notwithstanding the foregoing, Afrox will be entitled in Afrox’s discretion to take any such legal proceedings in any other court of competent jurisdiction. 12. A certificate by one of Afrox's Senior Managers or authorised employees showing the amount due and owing by the Customer to Afrox at any given time shall be prima facie proof of the facts therein stated for the purpose of all legal proceedings against the Customer for recovery of the said amount. 13. Ownership of goods sold shall remain vested in Afrox, notwithstanding delivery, until Afrox have received payment in full for the goods purchased and the Customer further agrees that the risk shall pass immediately on delivery of all or any portion of such goods purchased and delivered. 14. Should the Customer or any of its officers or employees become aware at any stage that a third party, i.e. Someone other than the Customer, is using the Customer’s account with Afrox, and fails to inform Afrox of such use, then the Customer will be responsible to Afrox for all amounts of money owing to Afrox by the third party with effect from the time that the Customer or its officer(s) or employee(s) will become so aware. 15. Should the Customer be a partnership (including but not restricted to a joint venture) then as between Afrox and all the partners of the Customer, the partnership will be deemed to continue to exist until the date on which Afrox will receive written notice of the termination of the partnership. 16. The Customer hereby declares that the information contained in this application— i. Is complete and accurate in all respects; ii. Will be used to assess the credit worthiness of the Customer; iii. Will be updated by the Customer whenever necessary. 17. The Customer agrees that Afrox may contact any bank, trade reference, credit bureau or other entity referred to in this application,
in order to verify any information set out herein or to obtain further information in regard to the Customer. The Customer further
agrees that Afrox may in turn furnish to any credit bureau or other entity seeking a credit reference on the Customer any relevant
information regarding the customer's dealings with Afrox. ______________
18. The Customer acknowledges that Afrox’s standard terms and conditions of sale, which are set out hereunder, are binding on the Customer. INIT: _____ / _____ / _____ / _____
These standard terms and conditions of sale (“Terms and Conditions”) read with orders placed or quotations approved attaching
to these Terms and Conditions or incorporating them by reference (“this Agreement”) shall apply to goods supplied and services
rendered by African Oxygen Limited (“Afrox”) to Customers.
1. The Customer agrees that these Terms and Conditions (a) represent the entire agreement between the Customer and Afrox and that no alterations or additions to them may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of Afrox; (b) will, in the absence of any other agreement, govern all future contractual relationships between the parties; (c) are final and binding and are not subject to any suspensive or resolutive conditions; (d) any conflicting terms and conditions stipulated by the Customer are expressly excluded; (e) supersede all previous terms and conditions of sale without prejudice to any securities or guarantees held by Afrox and (f) apply to all servants and subcontractors of Afrox. 2. These terms and conditions become final and binding on receipt of written acceptance hereof by Afrox at its business addresses.
3. The Customer acknowledges that it does not rely on any representations made by Afrox in regard to the goods and services or
any of its qualities other than those contained in this agreement. All specifications, price lists, performance figures, advertisements,
brochures and other technical data furnished by Afrox in respect of the goods or services verbally or in writing will not form part of this
Agreement in any way unless agreed to in writing by Afrox.
4. The Customer agrees that neither Afrox nor any of its employees will be liable for any innocent misrepresentations made to the
customer.
______________
5. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of
intended use. Unless recorded in writing between the parties, Afrox has no knowledge of the particular purpose for which the
customer wishes to acquire the goods or services.
6. The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work,
modification of requirements, failure or delay in giving particular authority to enable work to proceed on schedule or requirements
that work be completed earlier than agreed. Afrox shall not be liable for any delays in the supply of goods or services which fall
outside of the control of Afrox.
7. Afrox reserves the right at its sole discretion to provide alternative products to those ordered by the Customer should: (i) the equipment used to manufacture the goods be superseded, replaced or terminated; or (ii) Afrox experience a shortage of stock due to circumstances beyond Afrox’s control. 8. Quotations provided by Afrox shall only be valid if signed by a duly authorised representative of Afrox. All quotations will remain valid for a period of 30 days only from the date of the quotation. All quotations are subject to the availability of the goods or services and subject to correction of bona fide errors by Afrox. Afrox may, before acceptance of the order, increase any quotation due to, inter alia and without limitation, increases in the cost price currency fluctuations, save and except that in respect of transactions in terms of which the Customer has requested a quotation, Afrox shall not increase any quotation unless it has informed the Customer of any proposed increase and the Customer has agreed thereto. 9. Any delivery note or waybill (copy or original) signed by the customer, his duly authorised representative, employee or agent shall
be conclusive proof that the goods delivered in terms thereof accord with the goods or services ordered by the Customer at the
prices agreed to by the Customer and that the goods or services were inspected and that the Customer is satisfied that these
conform in all respects to the quality and quantity ordered and are free from any defects.
10. All orders or variations to orders, whether verbal or in writing, shall be binding and subject to these Terms and Conditions. 11. Delivery of the goods to the Customer shall take place at the place of business of Afrox. 12. Afrox shall be entitled to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides. 13. Afrox shall be entitled to separately invoice each delivery / performance actually made. 14. Any delivery note or waybill (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Afrox shall be conclusive proof that delivery was made to the Customer. 15. The risk of damage to, destruction or theft of goods shall pass to the Customer on delivery of any order placed in terms of this
agreement.
16. Delivery, installation and performance times given are merely estimates and are not binding on Afrox. Delays thereto shall confer no
rights or remedies upon the customer. Afrox shall not be liable for delays in the supply of goods and/or services which fall outside
of the control of Afrox.
17. All goods taken on an evaluation or consignment basis by the Customer are deemed sold if not returned within 30 days of issue in the original condition, in the original packaging and with all accessories and manuals intact. 18. a. CPA compliant Customers. Within 6 months after delivery, the Customer may return to the premises of Afrox any defective portable goods in the original packaging which: (i) are not reasonably suitable for the purposes for which they are generally intended; and/or (ii) are not of good quality, in good working order and free of any defects; and/or (iii) will not be useable and durable for a reasonable period of time; and/or (iv) do not comply with applicable safety standards. Afrox shall repair or replace the failed, unsafe or defective goods at Afrox’s cost or grant the Customer a credit equivalent to the price paid by the Customer for the goods. If, within 3 (three) months after repair by Afrox, the defect or unsafe feature has not been remedied or a further defect or unsafe feature is discovered, Afrox shall replace the failed, unsafe or defective goods at Afrox’s cost or grant the Customer a credit equivalent to the price paid by the Customer for the goods. Afrox shall be INIT: _____ / _____ / _____ / _____
entitled to levy a charge upon returned goods in accordance with section 20 of the consumer protection act. Repair times and repair costs given are merely estimates and are not binding on Afrox, save and except that in respect of transactions in terms of which the customer has requested an estimate of the repair costs to be incurred before the repair is undertaken, Afrox shall not increase any estimated repair costs unless it has informed the customer of any proposed increase and the customer has agreed thereto. ______________ Customer to initial b. CPA non compliant Customer; the Customer may return any defective portable goods to the premises of Afrox at the Customer's own cost and packed in the original packaging of the goods and all risks for the duration of repair remain with the customer. The Customer shall be responsible for payment of all repairs to defective goods. Repair times and repair costs given are merely estimates and are not binding on Afrox. ______________ Customer to initial 19. The Customer will not be refunded for any credit on the account whether it is for monies paid or cylinders returned if there is any debt 20. Any item handed in for repair may be sold by Afrox to defray the cost of such repairs if the item remains uncollected within 30 days of the date of notice to the Customer that the repairs have been completed. 21. New goods are guaranteed according to the Manufacturer's product specific warranties or agreed specification and the implied warranty of quality as contained in the Consumer Protection Act only and all other guarantees including common law guarantees are hereby specifically excluded. Repairs and parts are guaranteed according to the warranty on repaired goods contained in the Consumer Protection Act for a period of 3 months against faulty workmanship. Parts are also guaranteed according to the Manufacturer's product specific warranties. Liability under this clause is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit. 22. No claim under this agreement shall arise unless the Customer has, within 14 days of the alleged breach or defect occurring, given
Afrox 30 days written notice by prepaid registered post to rectify the defect in question. To be valid, claims must be supported by
the original delivery note or invoice or tax invoice.
23. All guarantees are immediately null and void should any goods be tampered with or should the goods be operated or stored outside the 24. Any item delivered to Afrox shall serve as a pledge in favour of Afrox for present and past debt and Afrox shall be entitled to retain or realise such pledges as it deems necessary for an appraiser’s sworn or realised value which will be offset against the Customer's debt. 25. Neither Afrox nor any person acting for or on behalf of Afrox will be liable for any loss, damage or injury whatsoever and
howsoever arising including without limitation, all direct and indirect, consequential and special losses or damages, sustained by
the customer or any third party. Save and except for gross negligence on the part of Afrox and any claim in terms of section 61 of
the consumer protection act, the customer hereby indemnifies Afrox against any and all loss or damage to any property and/or
any and all loss, damage and/or injury suffered by any person, including consequential loss or damage, arising from or in
connection with or as a result of any act or omission of Afrox in relation to the goods, the services rendered, the workmanship or
the supply and delivery of the goods. Under no circumstances shall Afrox be liable for any damage arising from any misuse or
abuse of the goods. This indemnity is given in the knowledge that the many of the goods supplied by Afrox are hazardous
substances and gases.
a. CPA compliant customers the Customer acknowledges that it will at all times comply strictly with all instructions on the
cautionary labels on Afrox products and with any instructions booklet or chart issued by Afrox available on request and on
Afrox's website: www.Afrox.com, relating to S.A.B.S. 019-1985 and the Occupational Health and Safety Act of 1993 (as amended)
as well as to all other legal and municipal laws and regulations. The Customer undertakes the responsibility to make all its
employees handling any Afrox product comply with the same.
b. CPA non compliant customer: Afrox shall not be liable and the Customer indemnifies Afrox against any malfunction of
equipment save and except for a grossly negligent act of Afrox.
______________
The sale of medical gases is subject to and made strictly in accordance with the current medicines regulatory authority
approved indications and the use of the product outside such approved indications is a contravention of the applicable
medicines legislation. Details of the approved indications may be obtained from Afrox on request and on Afrox's website:
.
The Customer irrevocably indemnifies Afrox completely against any damage whatsoever relating to the removal of repossessed
goods.
In the event of cancellation Afrox is entitled not to deliver any undelivered balance of a contract and to recover any loss
sustained thereby from the Customer.
30. All goods supplied by Afrox remain the property of Afrox until such goods have been fully paid for whether such goods are attached to other property or not. Afrox’s cylinders and gas containers are never sold. 31. The Customer is not entitled to sell or dispose of any unpaid goods without the prior written consent of Afrox. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Afrox in the goods. 32. If any goods supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of this Agreement to retransfer the same quantity of goods in ownership to Afrox. Gas containers and equipment installed at the Customer's site shall not be removed without Afrox’s prior written consent. 34. Any damage to or loss of Afrox cylinders, gas containers or equipment will be for the Customer's account at the ruling repair or replacement rate, fair wear and tear excepted. Afrox may periodically audit its assets held by the Customer. INIT: _____ / _____ / _____ / _____
No compensation is payable in respect of unused gas returned in either cylinders or in gas containers. The Customer acknowledges that all cylinders and gas containers provided to them by Afrox are for its exclusive use, that it will
not sell or lend or part with possession thereof or allow the cylinders or gas containers to be refilled by anyone but Afrox or its
appointed agents or use the cylinders or gas containers for any other use than storage or transport of gas obtained from Afrox
or its appointed agents or representatives.
Afrox will levy a rental charge per period or part thereof for each cylinder held by the customer, and the customer agrees to pay
such rental as shown on Afrox's records and the Afrox rental invoice. Afrox may require in some instances that such rental be
paid in advance.
It is the Customer’s responsibility to ensure that the number of cylinders held by the Customer from time to time agrees with the
number on which Afrox charges rental. Payment of the rental invoice is deemed conclusive (subject to transactions prior to the date of
the invoice which have not been included in the invoice) as to the customer’s holdings of cylinders as shown on the date of the invoice
paid.
Afrox reserves its rights to levy deposits on Afrox owned assets. The Customer shall neither cede the deposit refund claim nor the
cylinder or gas container in lieu of the deposit. All deposit refund claims must be accompanied by an original tax invoice or invoice to be
valid.
The Customer must return, at its cost, any cylinder or gas container to Afrox or its appointed agents or representatives. Cylinders
shall be deemed not to be returned by the customer until the cylinders are received by Afrox or its appointed agents or representatives and
Afrox has issued a goods returned advice.
The Customer shall be liable to Afrox for all legal expenses on the attorney-and-own client scale of an attorney and counsel incurred by Afrox in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this Agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs for any form of security that Afrox may demand. The Customer agrees that Afrox will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts or in terms of Rule 47 of the Uniform Rules of Court. The Customer agrees that no indulgence whatsoever by Afrox will affect the terms of this Agreement or any of the rights of Afrox and such indulgence shall not constitute a waiver by Afrox in respect of any of its rights herein. Under no circumstances will Afrox be stopped from exercising any of its rights in terms of this Agreement. This Agreement and its interpretation is subject to South African law. Any notice shall be deemed duly accepted by the Customer (i) within 3 days of mailing by prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member, partner or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director's, member's, partner's or owner's fax numbers; or (iii) on being delivered by hand to the Customer or any director, member, partner or owner of the Customer; or (iv) within 48 hours if sent by overnight courier; or (v) within 24 hours of being telexed to the Customer's telex number. The Customer undertakes to notify Afrox in writing within (ii) 7 days of any change of director, member, shareholder, owner or
partner or any change of address; and (ii) 14 days prior to disposal of the customer's business. Any failure to so notify Afrox will
constitute a material breach of this agreement.
______________
The Customer hereby consents to the storage and use by Afrox of the personal information that it has provided to Afrox for
establishing its credit rating and to Afrox disclosing such information to credit control companies, banks and other institutions
involved in rating credit. The customer agrees that Afrox will not be held liable for the bona fide disclosure of any of this
information to such a third party and that no further specific consent need be obtained for the transfer of such information to a
specific third party.
Afrox reserves its right to renew its pricing structure in accordance with market, economic and other relevant circumstance.
______________
Afrox may, at its sole discretion, levy charges in respect of copy documentation requested by the customer.
______________
The invalidity of any part of this Agreement shall not affect the validity of any other part. Any order or supply is subject to cancellation by Afrox due to force majeure including but not limited to inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation. Any order or supply is subject to cancellation if the Customer breaches any term of this Agreement, makes any attempt of compromise, is liquidated or sequestrated, or if a judgement is recorded against the Customer or any of its principals. 54. The Customer agrees that Afrox will immediately and irrevocably be released from any contractual damages and penalty obligations Unless the context clearly indicates a contrary intention, any expression which denotes (a) any gender includes the other genders; (b) a natural body includes a body corporate and vice versa; and (c) the singular includes the plural and vice versa. Headings are for convenience only and are not to be taken into account for the purpose of interpretation. In these conditions, unless the context requires otherwise – i. Words importing any one gender shall include the other two genders; ii. The singular shall include the plural and vice versa; iii. A reference to natural persons shall include created entities (corporate or unincorporate) and vice versa. Only CPA Compliant Customers: Where there is any conflict between the terms and conditions of this Agreement and the provisions of the Consumer Protection Act, the provisions of the Consumer Protection Act shall prevail. ______________ INIT: _____ / _____ / _____ / _____
I/we the undersigned (full names in block letters) do hereby certify and warrant: that other than information inserted into this application form by hand, no changes have been made to the text of the form since it was received from Afrox, that all information recorded in this application is true and correct, that I am legally competent to sign this application, that if I sign this application as the customer’s agent, I am duly authorised to do so, and that I sign of my own free will and with the full knowledge and understanding of the contents hereof. Signed at ____________________________ this __________ day of ______________________ 20_____
Signature
Signature
Signature

Print Name
Print Name
Print Name

Designation
Designation
Designation
______________________________
______________________________
Witness:1 Signature and Name in Full
Witness:2 Signature and Name in Full
INIT: _____ / _____ / _____ / _____

RULING: VALUE-ADDED TAX: ELECTRONIC TAX INVOICES

Customer Services Centre
African Oxygen Limited
P.O Box 207
Industries West
Germiston
1400
Date: ______________________
Attention: Customer.service@afrox.linde.com
Authorisation to E-mail statements and invoices to ______________________________
Dear Sir

Following from recent discussions regarding electronically mailed invoices and statements, we hereby confirm
that we will accept such documentation sent to us via e-mail as normal commercial documentation.
We understand that such e-mails will be sent to us in an encrypted format and that you will provide the
necessary software for conversion of these e-mails at no cost to ourselves.
Further, we require you to send us a cover note on which the date, and the sender’s and recipient’s details are
available.
Until otherwise advised, the e-mail address to which this documentation is to be sent will be:
Customer’s details

Customer name

Customer account number

Customer e-mail address

Authorised by
INIT: _____ / _____ / _____ / _____
DEED OF SURETYSHIP
do hereby bind me/ourselves jointly and severally to its subsidiary companies, successors-in-title and assigns as Surety and Co-Principal Debtor for the due and punctual payment, performance and discharge by: _________________________________________________________________________ (Business name) of the debts and obligations of whatsoever nature arising in any manner from the transactions entered into between the Creditor and the Debtor and any other debts or obligations due and owing by the Debtor to the Creditor arising from whatsoever cause, including but not limited to any judgement debt or other secondary debt (all of which debts and obligations are hereinafter referred to collectively as ‘the obligations’.) As part of our liability in terms hereof we bind ourselves as aforesaid to pay the amount of all charges and expenses of whatsoever nature including, but without derogating from the generality of the aforegoing, interest stamp duties, tracing agents charges, attorney and client legal costs and collection commission incurred by the Creditor in securing or endeavouring to secure fulfilment of the obligations. The rights of the Creditor under this Suretyship shall not be affected or diminished if the Creditor at any time obtains additional suretyships, guarantees, securities or indemnities in connection with the obligations. This Suretyship shall be an irrevocable continuing covering Suretyship for the debts and obligations aforesaid and in addition to any other security / Suretyship held. Moreover, we shall be bound by all admissions or acknowledgements of indebtedness made or given by the Debtor to the Creditor from time to time and no alteration or variation of any present or future agreement between the Debtor and the Creditor shall in any way release us from our liability hereunder. The Creditor shall be entitled, without reference or notification to us and without affecting its rights hereunder, to release other sureties and securities, to grant the Debtor extensions of time for payment, and to compound or to make any other arrangements with the Debtor for the discharge of the Debtor’s indebtedness. If the Debtor is placed in liquidation or under judicial management, whether provisional or final, or submits an offer of compromise or of composition or scheme of arrangement in terms of any Company or Insolvency law, the Creditor shall be entitled to accept any dividend on account and in reduction of the Debtor’s indebtedness without prejudicing its rights against us, which rights shall further not be prejudiced by its acceptance of any other securities, guarantees or suretyships arising out of any such event and we further bind ourselves in any such event not to file any claims against the Debtor, save with the prior written consent of the Creditor. For as long as the Creditor thinks fit, and at the option and in the sole and absolute discretion of the Creditor, any moneys paid by us to the Creditor hereunder may be treated as cash security to be held by the Creditor until the creditor releases the debtor. Should the Debtor fail to discharge any of the obligations on due date, the Creditor shall be entitled, notwithstanding any contrary arrangement with the Debtor, to demand immediate performance from us of all the obligations then owing by the Debtor to the Creditor, whether the due date for the performance of the obligations has arrived or not. In respect of all contracts entered into by the Debtor with the Creditor, we warrant that each of such contracts will be at the time of execution or formation within the scope, authority and powers and objects of the Debtor, and that all resolutions of and signatures by directors of the Debtors were or, in the case of future contracts, will be properly and with due authority passed, executed and made. If there shall, in respect of any such INIT: _____ / _____ / _____ / _____
contracts, be any breach of the terms of this warranty, then we hereby assume the liability to the Creditor, which any such contract, purported to impose upon the Debtor. As collateral security for the discharge of the obligations assumed by me in terms hereof, we hereby cede, assign, transfer and make over unto and in favour of the Creditor all our right, title and interest in and to any amounts which now are or may hereafter become owing to us by the Debtor from any cause of indebtedness whatsoever including, but without derogating from the generality of the a foregoing, any reversionary right or interest which we might acquire after termination of any prior cession, assignment or transfer. For the purpose of any action against us for provisional sentence or summary judgement, a certificate under the signature of any director or the secretary of the Company (neither of whose authority it shall be necessary to prove) as to the amount owing by the Debtor to the Creditor and of the fact that the due date for the discharge of the obligations and / or our obligations hereunder has arrived shall be sufficient and satisfactory proof of the facts therein stated unless and until the contrary has been proved. In terms of section 45 of the Magistrates’ Court Act of 1994, we hereby consent to the jurisdiction of the Magistrates’ Court having jurisdiction in terms of section 28 of the said Act in respect of any action to be instituted against me by the Creditor in terms hereof. It shall nevertheless be entirely within the discretion of the Creditor as to whether to proceed against us in such Magistrates’ Court or any other Court having jurisdiction. We hereby expressly renounce the benefits of the legal exceptions of “order”, “execution”, “division”, “cession of action” and all or any exceptions which could or might be pleaded to any claim by the Creditor against us in terms hereof, the meaning, force and effect of all of which exceptions we declare ourselves to be fully acquainted with. Prescription shall, in respect of any claim which the Creditor may have hereunder, only commence to run from the date upon which the Creditor make formal written demand on me / us for the satisfaction of any claim arising hereunder, provided that such written demand is made within three years from the date when prescription would otherwise, but for the provisions of this clause, have commenced to run. Any interruption of prescription whether by the Debtor or by process of law shall constitute an interruption of prescription against me / us. I / We waive presentment, notice of dishonour and protest in respect of any negotiable instrument made, drawn, accepted, endorsed, signed as aval, surety or co-principal debtor or signed in any other capacity by the Debtor or me / us. This Suretyship shall continue to bind me / us no with standing any amalgamation or reconstruction that may be effected by the Creditor with any other company, corporation or person or any transfer of the creditor’s business or any part thereof or any change in the Creditor’s constitution and shall endure additionally for the benefit of any new company or corporation so formed to carry on the Creditor’s business or any part thereof as successor to the Creditor, or as assignee, whether such new company or corporation shall or shall not differ in its name, objects, character and constitution from the Creditor, it being the intent that this Suretyship shall remain valid and effectual in all respects and for all purposes in favour of and with reference to any such new company or corporation or the Creditor’s successors or assigns as well as the Creditor, and may be proceeded on and enforced in the same manner to all intents and purposes if such new company or corporation or the Creditor’s successors or assigns had been expressly named and referred to herein in addition to the Creditor. This Suretyship shall remain binding on each and every one of us who signs it notwithstanding that any co-sureties referred to herein has / have not signed it. Where two or more persons execute this Suretyship, or where it purports to be a joint Suretyship by two or more persons, whether such persons had executed this Suretyship or not, then each of the signatories hereto shall be deemed to have executed in the Creditor’s favour a separate contract of Suretyship on the terms and conditions herein contained, and accordingly, if for any reason this Suretyship is unenforceable against any of us, it shall remain of full force and effect against and binding upon the other or others of us, being the signatories hereto. The Creditor shall be entitled, without notice to the undersigned, to cede all or any of its rights in terms hereof, either absolutely or as collateral security to any person or persons and whether such cession is made to the cessionary alone or to the cessionary jointly or jointly and severally with the Creditor or to any other person or persons. INIT: _____ / _____ / _____ / _____
The Suretyship shall in all respects be governed by and be construed in accordance with the law of the Republic of South Africa and all disputes actions and other matters in connection therewith shall be determined in accordance with such law. No variation or waiver of this Deed of Suretyship shall be valid unless reduced to writing and signed by the Creditor or a person duly authorised in writing by it, nor shall any such relaxation or indulgence be deemed to be a novation or a waiver of the terms and conditions of this Suretyship. The original/s of this document/s, together with the original/s of any related or attached document, is / are and shall at all times remain the property of the Creditor. Each clause of this Suretyship is severable the one from the other and if any clause is found by any competent court to be defective or unenforceable for any reason whatsoever the remaining clauses shall continue to be of full force and effect. For the purposes of this Suretyship and any proceedings which may be instituted by virtue hereof, we hereby selects and nominates the address stated below, as the chosen address (domicilium citandi et executandi) at which service of all notices and demands will be accepted. Should Afrox proceed with legal action against me/us, I/we confirm that the address as stated below (domicilium citandi et executandi) shall be my/our chosen address (domicilium citandi et executandi) where I/we shall accept service of a summons and/or application or any court process as may be required. ______________________________ ______________________________ ______________________________ Where all notices and processes may be effectively served and delivered upon me / us. Signed at ______________________________________________ on _________________________ 20___ Debtors Signature:
Signature
Signature
Signature

Print Name
Print Name
Print Name

Designation
Designation
Designation
____________________________________________
_________________________________________
Witness:1 Signature and Name in Full
Witness:2 Signature and Name in Full
INIT: _____ / _____ / _____ / _____

Source: http://www.afrox.cd/internet.global.corp.cog/fr/images/Credit_Application_Form_(ZA02)666_27640.pdf