APPLICATION FOR CREDIT FACILITY

Transcription

1 NYANDENI BUILDERS WAREHOUSE CC (Registration Number 2008/024381/23) 17 RAY CRAIB CRESCENT, BEACON BAY, EAST LONDON APPLICATION FOR CREDIT FACILITY Account Details Trade name of business: (Hereinafter referred to as the "Purchaser") Full name and address of Proprietor of the Business: Street address at principal place of business: Postal address of principal place of business: Delivery address: Telephone numbers: Telefax numbers: VAT number: Name of contact person in Accounts Department: Will official order be used? State Yes or No: Business Details Registered number if Company, Close Corporation or Trust: Date of incorporation/registration if Company, Close Corporation or Trust: Registered address if Company or Close Corporation: Name and address of Auditors or Accounting Officer if Company or Close Corporation: Names, addresses and marital status of Directors or Members if Company or Close Corporation: 1 P a g e

2 Names, addresses, identity numbers and marital status of Trustees if Trust: If Company state (a) authorised capital: (b) issued Capital: If company, attach copy of Memorandum of Articles of Association and any subsequent amendments thereto. If Close Corporation, attach copy of CK1 and copies of any subsequent CK2 registered. If A Trust then attach copies of Trust Deed and Letters of Authority issued by the Master of the High Court in favour of the Trustees. Are details of issued share capital and directors loan accounts available: Name, registered address and registered number of holding company, (if applicable): If not a Company or Close Corporation state whether Partnership or Sole Proprietorship: Full names, addresses and marital status of Proprietor/Partners: Nature of business conducted: If premises not registered in name of Applicant, in whose name registered: If premises rented, furnish full names and address of Lessor: If written Lease attach copy: If oral Lease indicate duration of tenancy and monthly rental: State details of any securities given for payment of rental: Are Audited Financial Statements available for inspection: Have any assets, including book debts, been ceded as security for any amounts owing by the Purchaser? If yes, full details are requested. If Company, Close Corporation or Trust have Directors/Members/Trustees signed personal surety for any debt of the Company/Close Corporation/Trust? If yes, full details required of the amount for which each surety signed and in favour of whom. 2 P a g e

3 Bankers Name: Branch: Account number: State name in which the account is operated: State details of any securities given: TRADE REFERENCES AND ADDITIONAL INFORMATION REQUIRED FOR THE ACCOUNT Trading Period How long has the business (as per trading name) been trading? Credit limit, state maximum credit limit required: Trade Name: References 1 Address: State terms of payment required: Phone: For office use only How long trading with supplier: Average monthly purchases: Payment terms: Trade Name: References 2 Address: Phone: For office use only How long trading with supplier: Average monthly purchases: Payment terms: 3 P a g e

4 Trade Name: References 3 Address: Phone: For office use only How long trading with supplier: Average monthly purchases: Payment terms: I/We certify that I am/we are authorised by the Applicant to complete and sign this application. I/We warrant that the above information is true and correct and agree to be bound by it. I/We hereby agree that this application and the conditions of purchase and sale shall become effective immediately upon acceptance by NYANDENI BUILDERS CC. I/We accept and will adhere to the terms of payment, namely 30 days from date of statement and agree that interest at the legal rate of 15.5% will be levied on all overdue accounts. I/We acknowledge that I/we have read and agree to the "conditions of sale" which form part of this application to open a credit account and which appear on the reverse side of this form. SIGNATURE of responsible official who warrants his authority to sign this contract on behalf of the Applicant: Designation: Name in full: Signature: DATED at this day of Signature of spouse consenting to you entering into this agreement in the event of you being married in community of property. Signature of spouse: 4 P a g e

5 DEED OF SURETYSHIP I,....do hereby bind myself unto and in favour of NYANDENI BUILDERS CC as surety and co-principal debtor jointly and severally with...("the Applicant") for the due and punctual payment by it of any monies presently or in future owing by it to NYANDENI BUILDERS CC, and for the due fulfilment by the Applicant of its obligations to NYANDENI BUILDERS CC. I hereby renounce the benefits of the legal exceptions of "excussion", "division", "no value received" and "revision of accounts", the meanings of which I declare myself to be fully acquainted with and should I not be aware of the meaning of these terms I have been given the opportunity to establish the meaning of same, and having done or not done so, as the case may be, I accept they shall be applicable to this deed of suretyship. DATED at this day of SIGNATURE 5 P a g e

6 CONDITIONS OF PURCHASE AND SALE: All orders placed with and sales made by NYANDENI BUILDERS CC (hereinafter referred to as NYANDENI BUILDERS) are subject to the following terms and conditions: ENTIRE AGREEMENT: This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto. The Purchaser acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this agreement shall be valid or binding on either party, except that any other written agreement dated concurrent with or after this agreement shall be valid as between the signing parties hereto. SEVERABILITY: If any provision in this agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. OWNERSHIP: Notwithstanding delivery of the goods to the purchaser the ownership in the goods shall remain vested in NYANDENI BUILDERS until the purchase price, any interest thereon and any legal costs payable in terms hereof have been paid in full and the Purchaser hereby irrevocably consents to the Seller removing such goods from its possession where ever such goods may be. The Purchaser undertakes to advise all its clients of this reservation of ownership RISK: The goods when delivered in part or in full shall be at the risk of the Purchaser, who will be responsible from the time of such delivery for all loss or damage thereto howsoever arising and "delivery" shall mean when the goods are made available to the Purchaser for removal at NYANDENI BUILDERS S premises. Accordingly, once the goods are acknowledged as being received in good order NYANDENI BUILDERS will not be responsible for any damage incurred thereafter. ORDERS: All orders, whether oral or written, placed with NYANDENI BUILDERS will be regarded as firm and irrevocable and may not be cancelled without the prior written consent of NYANDENI BUILDERS. Therefore, once an order has been placed goods will not be removed or an order cancelled unless agreed to in writing by NYANDENI BUILDERS. 6 P a g e

7 PRICING: All prices quoted by NYANDENI BUILDERS or agreed upon are based on the costs of material, labour, exchange and ocean freight rates, marine insurance rates, import duties and surcharges in effect as at the date of quotation by NYANDENI BUILDERS and, save for any agreement to the contrary between NYANDENI BUILDERS and the Purchaser, the price of such goods shall be subject to adjustment to account for the amount of any increased cost to NYANDENI BUILDERS, resulting from increases in any of the aforesaid or similar items. DELIVERY: Every effort will be made to deliver the goods / services on the agreed date or dates, but NYANDENI BUILDERS does not accept any responsibility for loss or damage, consequential or otherwise, by non or late delivery. SHORTAGES: Claims for shortages must be made in writing immediately upon receipt of the goods and no claim for shortages will be considered unless made in writing within SEVEN (7) days after receipt of the consignment. WARRANTY: NYANDENI BUILDERS gives no guarantees or warranties, express or implied, as to the suitability of any goods/services for any purpose for which they are required. NYANDENI BUILDERS S liability for defective goods is limited to replacement thereof only and the Seller shall on no account be liable for consequential loss or damage of any nature whatsoever. PAYMENT: Payment in full shall be made within THIRTY (30) days of date of delivery/receipt. Interest at the legal rate of 15.5% will be charged on all overdue accounts. Where prices are subject to a settlement discount, this discount will apply only in respect of payment received by NYANDENI BUILDERS within the period agreed upon. LEGAL: The Purchaser agrees that should it become necessary for NYANDENI BUILDERS to take legal steps for the recovery of any outstanding monies or the enforcement of any rights arising out of this agreement, the Purchaser shall pay NYANDENI BUILDERS S legal fees and disbursements on the scale as between Attorney and own client together with collection commission. The purchaser hereby consents to the jurisdiction of the Magistrate's Court in terms of Section 45 of Act 32 of 1934 as amended irrespective of the amount of NYANDENI BUILDERS S claim. 7 P a g e

8 Should the Purchaser default in payment of any due sum, NYANDENI BUILDERS shall have the right either to suspend all further deliveries to the Purchaser until the default be made good and/or to cancel any existing orders insofar as any goods remain to be delivered there under. Any act of relaxation, indulgence or grace granted by NYANDENI BUILDERS the Purchaser shall not operate as or deem to be a waiver by NYANDENI BUILDERS of any of its rights hereunder, or a novation of this agreement. If the Purchaser dies or being a natural person is sequestrated or being a company/close corporation/trust commences to be wound up or is placed in liquidation or under judicial management or offers a compromise to its creditors, NYANDENI BUILDERS shall be entitled to cancel this agreement without notice in respect of any undelivered portion of the contract and all amounts owing by the Purchaser shall immediately become due and payable. ADDRESS FOR SERVICE OF DOCUMENTS: The Purchaser chooses the street address reflected on the face of this agreement as its domicilium citandi et executandi, that is, its address for service of all notices and documents in terms of this agreement, which address may be changed at any time on 7 (SEVEN) days written notice to PROOF OF INDEBTEDNESS: A written certificate by NYANDENI BUILDERS S auditors setting out the balance owing by the Purchaser shall be prima facie proof of the amount owing by the Purchaser to NYANDENI BUILDERS. RETURN OF GOODS: Should NYANDENI BUILDERS for whatever reason accept the return of any goods for the credit of the Purchaser's account, then in that event, over and above any damages NYANDENI BUILDERS may have suffered as a result of any breach of this agreement by the Purchaser, the Purchaser shall be liable for a handling charge of 10% of the invoice price of the goods being claimed and/or returned. 8 P a g e

9 SUSPENSION OF CREDIT FACILITIES: Should any amount not be paid on due date, then the whole amount owing at that time shall become due and payable irrespective of the date the goods were purchased, and further credit facilities will be suspended until all amounts owing have been paid. QUERIES: Any queries relating to statements shall be raised within 14 (fourteen) days of date of statement failing which the statement shall be deemed to be a correct reflection of the goods delivered and the price due in respect thereof. PAYMENT METHODS: Payment of all amounts due are to be made to the Seller at its place of business, the Seller does not accept any risk for payments remitted by post or by third parties, should the Purchaser elect to remit payments by post it does so at its own risk and should such payments be received late as a result of payments being so made, the Purchaser shall be in breach of this agreement. Only payments receipted on NYANDENI BUILDERSS official receipts shall be considered to be payments for the purposes of this agreement. ACCESS TO INFORMATION: The Purchaser hereby acknowledges and agrees that NYANDENI BUILDERS may: Perform a credit search on the Purchaser's records with one or more of the registered Credit Bureaux when assessing the Purchaser's application for credit. Monitor the Purchaser's payment behaviour by researching his/her/its record with one or more of the registered Credit Bureaux. Use information and data obtained from one or more of the registered Credit Bureaux in respect of the Purchaser's future credit applications. Record the existence of the Purchaser's account with any one or more of the registered Credit Bureaux. Record and transmit details of how the Purchaser has performed and how the account is conducted by the Purchaser in meeting his/her /its obligations on the account to one or more of the registered Credit Bureaux. Disclose any information regarding his/her/its credit worthiness, defaults in payment to NYANDENI BUILDERS and details of how his/her /its account with NYANDENI BUILDERS is conducted to any other creditor of the Purchaser and/or to one or more of the registered Credit Bureaux. 9 P a g e

10 Obtain information from the Purchaser's bankers as to the conduct of the Purchaser in relation to all bank accounts held at such bank/s and especially as to whether any cheques have been dishonoured. SIGNED at EAST LONDON this day of P a g e