Unlimited Standard Ts & Cs

STANDARD TERMS AND CONDITIONS OF NETMOBILE T/A “UNLIMITED”

1. INTERPRETATION & DEFINITIONS

1.1 "Trade secrets" shall include, without limiting the generality thereof, inventions, improvements, proofs, samples, writings, ideas, systems, list of customers, trademarks, trade names, copyright and other intellectual property rights owned by either party from time to time.

1.2 "Confidential information" means all confidential information proprietary to each party including, without limitation which is contained in inventions, improvements, proofs, samples, writings, ideas, systems, list of customers, trademarks, trade names, copyright and other intellectual property rights collected by either party from time to time

2. QUOTATIONS

The customer acknowledges and agrees that all quotations will be valid for seven (7) days from the date reflected on the quotation, unless otherwise specified in writing.

3. PRICES

The customer acknowledges and agrees that:

3.1 Prices exclude VAT unless otherwise specified

3.2 Prices charged will only change if agreed to in writing/e-mail by “UNLIMITED”.

3.3 Prices charged may vary from month to month due to Diesel price fluctuations. Change in price charged will be based on the following formula: Price +/- (% change in diesel price x diesel ratio of “UNLIMITED” x price charged/base tariff) = NEW price

4. PAYMENT OF “UNLIMITED” REMUNERATION

4.1 Unless otherwise agreed between the parties in writing the Company's remuneration shall be payable by the consignor in cash / EFT acceptable to the Company's without deduction or set-off against tender of delivery of the goods carried. In the event of non-payment of the Company's remuneration the Company shall be entitled to retain possession of the goods pending payment without prejudice to any other right which the Company might have against the consignor. The Company shall be entitled to charge the consignor storage charges in respect of any period during which the goods are stored after tender of delivery and including the time of payments of all monies owing to the Company by the consignor. The amount of such charges shall be presumed to be reasonable unless the contrary is proved by the consignor.

4.2 If any amount owing by the consignor is unpaid on due date then all other amounts owing by the consignor to the Company, whether due and payable or not, shall become due and payable forthwith. A certificate by any director of the Company, whose appointment or authority need not be proved shall, prima facie, be due and sufficient proof of the amount of the consignor's indebtedness to the Company for the purpose of obtaining summary judgement or provisional sentence.

4.3 The customer shall make payment to “UNLIMITED” within the period as stipulated in the Contract of Sale or written notification of payment terms that was accepted in writing by ““UNLIMITED””.

4.4 Should the customer not dispute the invoice within 14 (Fourteen) days from the date of receipt of the same, the invoice shall be deemed to be correct.

4.5 The customer shall under no circumstances be entitled to deduct, set off any amount, defer or withhold payment of any amounts due to ““UNLIMITED”” in terms of this Agreement.

4.6 Interest on overdue amounts shall be charged to the consignor on a monthly basis at 3% above the prime bank overdraft interest rate charged form time to time and such interest shall be payable by the consignor on demand.

4.7 Should amount owing by the customer to “UNLIMITED” in terms of this agreement become overdue for payment, then ““UNLIMITED”” reserves the right to cancel the agreement.

5. POSTPONEMENT OR CANCELLATION OF ORDER

The customer acknowledges and agrees that it shall be liable to “UNLIMITED” for all services supplied by “UNLIMITED” up to the date of receipt of written notification from the customer that the order placed by the customer is to be postponed or cancelled.

6. COMPLAINTS ABOUT SERVICES

6.1 Any complaint in respect of the services provided, shall be made in writing and delivered to “UNLIMITED” within 14 (Fourteen) days of the invoice date.

6.2 If a complaint is not lodged within the said agreed period of 14 (Fourteen) days, the service will be deemed to be in accordance with the contract signed.

7. LEGAL COSTS

If, as a result of any breach by the customer of any of the terms of this Agreement, “UNLIMITED” instructs attorney to make demand or institute legal proceeding against the customer, the customer shall be liable for and shall pay, on demand, all legal costs and disbursements so incurred, including the costs of any letter of demand, tracing agents fees and collection commissions on the scale as between attorney and own client.

8. TRANSIT

Transit shall commence:

8.1 if the consignment is handed to the carrier at its own premises and accepted by the carrier or

8.2 if the consignment is collected by the carrier at any other point when the consignment has been loaded onto and finally secured to the carrier's vehicle at that other point. Transit shall terminate (unless otherwise previously terminated) when the consignment is tendered at the usual place of delivery at the consignee's address within the customary cartage hours of the district provided that:

8.2.1 if no safe and adequate access or no adequate unloading facilities exist, transit shall be deemed to end at the expiry of one clear day after notice (which may be verbal) of the arrival of the consignment at the carrier's premises has been given to the consignee and

8.2.2 if for any reason whatever a consignment cannot be delivered or if a consignment is held by a carrier "to wait order" or "to be kept until call for" or upon any similar instructions and the instructions are not given or the consignment is not called for and removed within a reasonable time, transit shall be deemed to end.

9. LIABILITY FOR LOSS/DAMAGE OF THE GOODS

The goods shall be transported & handled at the sole risk of the customer and the customer hereby exempts “UNLIMITED” from all liability of whatever nature arising directly or indirectly from the transport and handling of the goods. This clause shall override anything else in the contract to the contrary. It is recorded that “UNLIMITED” has taken out a Goods in Transit insurance policy with a Load Limit of R350,000 (all risk basis).

10. GENERAL INDEMNITY

The consignor indemnities the Company against all claims made by third parties against the Company and against all liability incurred by the Company to any third party in respect of any loss or damage to the goods form whatsoever cause.

11. ONUS

11.1 The onus of providing the condition or the declared nature, quantity or weight of any goods in the consignment at the time the consignment is received or delivered by the company shall at all times rest on the consignor and no document given or signed by the carrier shall be evidence thereof.

11.2 It shall be the responsibility of the consignor to ensure that the entire consignment is carried and that no goods are left behind or varied in error and the company shall be deemed to have performed in terms of the contract.

11.3 The onus of declaring the existence of delicate or fragile computerized equipment or delicate control instrumentation rests exclusively with the Consignor and the carrier accepts no liability for any damage caused to such equipment through any cause whatsoever.

12. FORCE MAJEURE

In the event that “UNLIMITED” is unable to perform any obligation hereof due to any circumstances beyond its control, including the action, intervention or decree of any Government, the inability to secure labour or services or by reason of an act of God, civil disturbances, riots, states of emergency, strikes, lock-outs or other labour disputes, fire, flood or legislation, either party may terminate this agreement or contract (if there is any other contract between the parties) by means of written notice to the other party.

13. SECRECY & CONFIDENTIALITY

The parties hereto agree and acknowledge that:

13.1 All rights, title, interest and copyright in and to trade secrets and confidential information shall remain the exclusive property of such party,

13.2 Either party shall keep and maintain as strictly confidential all the trade secrets and confidential information furnished to one another by either party pursuant to the conclusion of the Agreement;

13.3 Each party will use its utmost efforts and diligence to guard and protect each other's trade secrets and confidential information.

14. CONSENT

The customer specifically consents that “UNLIMITED”:

14.1 May carry out a reasonable credit enquiry in respect of the customer.

14.2 May access a Credit Bureau's database before granting credit to the customer.

14.3 If credit is granted in favour of the customer and the customer fails to meets its financial commitments to “UNLIMITED” it may record the customer's default with a Credit Bureau.

15. DOMICILIUM

The parties shall be entitled from time to time by written notice to one another, to vary their address to any other physical address.

16. GENERAL

16.1 No additions to, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of all parties.

16.2 If the Credit Application reflects any sign of bad creditworthiness, “UNLIMITED” holds the right not to supply any services.