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BLOCK D, REGENCY OFFICE PARK, ROUTE 21, IRENE
PO BOX 4949, RIETVALLEIRAND, 0174
TEL NR. 012 345 3201; FAX NR. 012 345 3475

REG NR 1988/003854/07

TRUST APPLICATION

 

Particulars of the person who completes the application form

 

Particulars of the Purchaser

    • Contact Details

    • Auditors / Accountants

    • Credit Required

    • Banking Details

    • VAT Registration

    • Trade references of the Purchaser

    • Particulars of Trustees:

 

Financial Information:

 

Documentation Required:

    All Applicants

 
 
 

Verification

THE BELOW SECTION SHOULD PLEASE BE PRINTED AND FILLED IN BY HAND


Terms and Conditions

  1. Interpretation
    1. "Purchaser" means the party who places a verbal or written order with the Seller.
    2. "Seller" means Wenkem S.A. (Pty) Ltd.
    3. "Products" means any of products which the Seller sold or will sell to the Purchaser.

  2. Undertaking and acknowledgement by the Purchaser
    1. The Purchaser undertakes to study the labels on the Products and any technical literature supplied with Products and to acquaint himself/herself/themselves with the content thereof before using the Products.
    2. The Purchaser undertakes and warrants that the Purchaser will not give away, sell, exchange or otherwise dispose of any Products, or apply or use any Products on behalf of a third party or allow a third party to acquire or use any Products until the ownership of the Products has passed to the Purchaser.
    3. The Purchaser undertakes not to use the Products if, at delivery, the container was not closed properly or has been opened previously or it seems as if the Products were tampered with.
    4. The Purchaser acknowledges that the Purchaser is aware thereof that he or the person who handles the Products can suffer physical damages and/or financial loss if the Products are not use strictly in accordance with the user instructions, other information on the label and any guide provide to the Purchaser.

  3. Prices and Terms
    1. The price payable shall be the Seller's or its representative's listed price at the date of acceptance of order unless otherwise agreed to in writing. The price list can be provided to the Purchaser on request.
    2. The Seller and/or its representative reserves the right to vary its listed prices from time to time without notice to the Purchaser.
    3. All transactions are concluded on a cash sale basis unless the Purchaser's credit application was successful.
    4. If the Purchaser has credit facilities with the Seller and the Purchaser buys Products on credit, the purchase price must be paid within the term as indicated on the statement on which the invoice first appears.
    5. Ownership of the Seller's Products shall only pass to the Purchaser when the purchase price has been paid in full.
    6. Any agreement reached between the Purchaser and the Seller's representative or agent with regard to discounts or payment will only be binding if it is recorded on the Purchaser's order/proof of delivery note and will in any event be subject to acceptance by the Seller.
    7. All overdue amounts, including overdue interest amount, will bear interest at the rate of 5% above the prime lending rate as quoted by Standard Bank Limited from time to time.
    8. If any payment is in arrears or if the Purchaser fails to comply with any obligations it has towards the Seller, all outstanding amounts will become due and payable immediately.

  4. Delivery
    1. A delivery note must be signed on delivery of the Products and such signature by the Purchaser or any other person at the place of delivery will be prima facie proof that the Products was in a good conditions when it was delivered.
    2. Risk is transferred to the Purchaser once the Products have been delivered to the Purchaser.
    3. The Purchaser must inform the Seller within seven (7) days after delivery of the Products of any damage caused to the Products by any carrier.
    4. No return of Products, which was correctly delivered in terms of the agreement, will be accepted without the Seller's prior consent.
    5. Should the Seller agree that the Products be returned, the cost of the return, including packaging and insurance, will be for the account of the Purchaser. The Purchaser bears the risk of the Products the Purchaser is returning until the Seller receives the Products.

  5. Warrantees, guarantees, representations and liablilty
    1. The Seller shall ensure that the delivered Products correspond with the label descriptions prescribed by law. Except for this obligation, the Products is sold "voetstoots", free of any representation or influence, and without any express, tacit or common law warranty of whatsoever nature or concerning quality or fitness for any purpose, which warranties the purchaser expressly waived by his signature to the agreement.
    2. The Purchaser agrees that he / she / they will not rely on any representations made, advice given, information provided or technical assistance rendered by or on behalf of the Seller, any of its employees, representatives or agents unless it is contained in / or on: -
      1. written communication directed to the Purchaser and signed by an employee, representative or agent of the Seller;
      2. the registered label of a product; or
      3. official technical literature provided by or on behalf of the Seller with regard to the product.
    3. Should any Product have a material defect which was not caused by the Purchaser or the Purchaser's representative, such Product will be replaced free of charge by the Seller or, should the Purchaser so desire, the full purchase price will be refunded to the Purchaser.
    4. Any liability of the Seller in respect of a breach of any term of this agreement shall be limited to the substitution of such Product, free of charge, or refund of the paid purchase price, by the Seller to the Purchaser, provided the purchase price has been paid in full.

  6. Complaint Procedure
    1. Within seven (7) days after becoming aware of any circumstances which could lead to a possible claim by the Purchaser against the Seller, the Purchaser must:
      1. inform the Seller's representative, employee or agent telephonically or in person thereof;
      2. complete a claim form.
    2. After receiving the claim form referred to in paragraph 6.1.2, the Seller will arrange for an inspection of the cultivated fields, crops / harvest or live-stock.
    3. After completing the inspection referred to in paragraph 6.2, the Seller may advise the Purchaser in writing of further steps to be taken to limit any possible damage or loss.
    4. The Purchaser will be liable of the costs of implementing the advice referred to in paragraph 6.3.

  7. Cancellation
    1. The Seller may cancel any order or a part thereof which has not yet been delivered if:
      1. the Purchaser is in breach of any of the terms and conditions; or
      2. the Purchaser has passed away; or
      3. the Purchaser has a provisional or final sequestration/ liquidation order against him/her/them or if he/she/them is placed under judicial administration, or his/her/their estate is surrendered or he/she/they is/are applying for such surrender; or
      4. a court order obtained against the Purchaser remains unsatisfied for a period of seven (7) days; or
      5. the Purchaser endeavours to or reaches a compromise with any of his / her / their creditors.
    2. The rights of the Seller referred to in paragraph 7.1 is not comprehensive and is in addition to the common-law rights at the disposal of the Seller.
    3. If any agreement between the Seller and Purchaser is cancelled for any reason whatsoever, all outstanding amounts will become due and payable immediately.

  8. General
    1. The Seller is not the producer of the Products, and the Purchaser agrees that he/she/it has knowledge thereof.
    2. These terms and conditions will apply to every agreement between the Seller and Purchaser, written or verbal, and any amendment or abandonment of these terms and conditions must be in writing and signed by the Purchaser and by a director of the Seller in order to be valid.
    3. No failure, delay, latitude or extension of time or other indulgence which may be given or allowed by the Seller to the Purchaser in respect of this agreement shall operate as a waiver, novation or otherwise affect any of the Seller’s rights in terms of or arising from these terms and conditions.
    4. A certificate signed by any director or manager of the Seller (whose appointment, authority or qualification does not have to be proven) will serve as prima facie proof of the amount owed.
    5. The Purchaser undertakes not to withhold the pruchase price in case of a dispute between the parties concerned, which the seller is required to transfer to an interest bearing trust account after receipt of the purchase price until the dispute is resolved.
    6. The Seller may institute any legal proceedings in terms hereof from the Gauteng North Division of the Supreme Court of South Africa, or any other Court which has jurisdiction over the Purchaser or, at the choice of the Seller, the Magistrates' Courts which has jurisdiction over the Purchaser in accordance with Section 28 of the Magistrates' Court Act, No. 32 of 1944, irrespective of the fact that the amount claimed exceeds the jurisdiction of the last mentioned Court.
    7. The Purchaser is liable for all legal costs on the scale as between attorney and client incurred due to any collection or legal actions instituted in terms hereof, including all collection fees.
    8. All agreements concluded between the Purchaser and Seller shall be governed by the laws of Republic of South Africa.
    9. If any clause or term of this agreement should be invalid, unenforceable, defective, illegal for any reason whatsoever, then the remaining terms and provisions of this agreement shall be deemed to be severable therefrom and shall continue to be of force and effect.
    10. The Purchaser choose:
      1. Its postal address and / or email address as the address to which the Seller can send invoice, statements and notices in terms hereof and in terms of the National Credit Act 34 of 2005; and
      2. the physical address set out on the application for credit facilities or the reverse side hereof as his/her/its domicilium citandi et executandi , being the address where the Seller can deliver court documents.

    General - The applicant hereby grants permission to Wenkem:
    - to make enquiries with regard to my / our credit records at any credit bureau or other credit providers;
    - to contact any person or entity mentioned herein;
    - to enter the information contained herein on the database of any credit bureau;
    - to increase or decrease the approved credit limit on the account in the future without further notice to me / us.
    - In the event of any changes to the information appearing on the application form, it is the applicant's duty to notify Wenkem in writing thereof, within 14 days after such change. The applicant confirms that he / she / they have read the terms and conditions as set out in this document, which also appear on the reverse side of Wenkem's sales document, and accepts it.

     
SIGNATURE OF APPLICANT OR THE AUTHORISED REPRESENTATIVE   DATE
     
Name, Surname and Capacity    

AS WITNESSES (Agent or representative or both)
   
SIGNATURE OF WITNESS 1 SIGNATURE OF WITNESS 2
   
Name and Surname Name and Surname

Addendum A

DEED OF SURETYSHIP:
Name & Surname:    
ID Number:  
      
      
      
      
      
      
      
      
      
      
      
      
      
Physical Address: (as Domicilium Citandi Et Executandi)    
   
Postal Address:    
   
Telephone number:    
Fax number:    
("the Surety") binds himself / herself / theirselves on behalf of (name of client):    
(“the Client”) as surety and co-principal debtor to Wenkem SA (Pty) Ltd ("Wenkem") for the proper and timely payment by the Client of all amounts owing by the Client to Wenkem for whichever reason whatsoever, in the past, now or in the future, including but not limited to the sale of products or the rendering of services by Wenkem to the Client.

The Surety agrees that:

  1. All admissions or acknowledgements of debt by the Client, the liquidators, trustees, judicial managers, curators, executors, or other legal representatives of the Client, is binding on or will bind the Surety;
  2. This suretyship is additional to any other surteyship, warranty, indemnity or security of any nature whatsovever which Wenkem obtained or will obtain from the Client or on behalf of the Client.
  3. Wenkem, at its own discretion, may at any time without prejudice to any of its rights and without notice to the Surety:-
    1. release or absolve any other surety, underwriter or indemnifier or any other security of any nature whatsoever supplied to Wenkem by or on behalf of the Client;
    2. grant extension or reach settlement or make any other arrangement with the parties mentioned in 3.1 above, or the Client, with regard to payment of the outstanding debt or complying with the obligations which the Client has towards Wenkem.
  4. Wenkem is hereby irrevocably authorised to, at its own discretion, allocate any amount received from the Surety to any amount owed to Wenkem by the Client, in the manner and time as they may think fit.
  5. The Surety abandons the benefit it his has under the legal exceptions of excussion, division of debt, cession of action, revision of accounts and no value received, the full and exact meaning of which the Surety confirms he understands;
  6. A certificate signed by any director or manager of Wenkem (whose appointment or qualification does not have to be proven):
    1. will serve as prima facie proof of the amount owed to Wenkem by the Client or Surety, in terms this surtyship; and
    2. will also serve as a liquid document together with this suretyship for purposes of provisional judgment and summary judgment.
  7. Wenkem may institute any legal proceedings in terms hereof from the Gauteng North Division of the Supreme Court of South Africa, or any other Court which has jurisdiction over the Surety or, at the choice of Wenkem, the Magistrates' Courts which has jurisdiction over the Surety in accordance with Section 28 of the Magistrates' Court Act, No. 32 of 1944, irrespective of the fact that the amount claimed exceeds the jurisdiction of the last mentioned Court.
  8. The Surety is liable for all legal costs on the scale as between attorney and client incurred due to any collection or legal actions instituted in terms hereof, including all collection fees.
  9. This deed of suretyship may not be cancelled or revoked by the Surety without the prior written consent of Wenkem having been obtained. The aforesaid consent may be granted by Wenkem, in its sole discretion, and subject to any conditions which Wenkem may deem necessary.
  10. The Surety’s liability in respect of this suretyship is not subject to any other person binding himself/herself as surety and co-principal debtor on behalf of the Client to Wenkem.
  11. Amendments of this suretyship will only have legal validity if it is in writing and signed by the Surety and a director of Wenkem.
  12. No indulgence given by Wenkem to the Surety with regard to his obligations to Wenkem in term hereof will:
    1. constitute an abandonment or novation of any of the rights of Wenkem against the Surety; or
    2. prejudice any of the rights which Wenkem has in respect of the Surety; or
    3. be interpreted as basis for estoppel or as tacit amendment of any of the obligations which the Surety has towards Wenkem.
  13. The postal address set out above is the address to which Wenkem can send notices in terms of the National Credit Act 34 of 2005; and
  14. The physical address set out above is his chosen domicilium citandi et executandi , being the address Seller can deliver court documents.

SIGNED AT ON THIS DAY OF
AS WITNESSES:
1.     
2.    SURETY
AS WITNESSES:
1.     
2.    For WENKEM SA (PTY) LTD

Addendum B

IF THE SURETY IS MARRIED IN COMMUNITY OF PROPERTY, THE SURETY'S SPOUSE MUST COMPLETE THE FOLLOWING:
I,     ID Number:
      
      
      
      
      
      
      
      
      
      
      
      
      
married within community of property with:  
grant permission that he/she binds himself/herself as Surety and co-principal debtor on behalf of:  
to Wenkem.
AS WITNESSES:
1.     
2.    SURETY'S SPOUSE

Addendum C

PERMISSION TO AUDITORS:
I,
as the owner/partner/member/director/trustee hereby give permission to Wenkem SA to request my personal / CC / Company / Trust’s financial statements from:
 
Contact Person:           Telephone number:  
(or as completed on the credit application form, under section "Auditors / Bookkeepers"), on condition that the information provided is treated as confidential at all times.
 
Signature of authorized person

FOR OFFICE / DEPOT USE

ACCOUNT NUMBER:     DISTRIBUTOR'S CODE:  
DEPOT CODE:     CREDIT LIMIT:  
ORIGINAL DOCUMENT:     TERMS: