Section 5
I/We warrant that the information contained herein is true and correct in every respect. I/We undertake to notify LAFARGE INDUSTRIES SOUTH AFRICA (PTY) LIMITED / LAFARGE MINING SOUTH AFRICA (PTY) LIMITED in writing immediately of any change in this information. I/We am duly authorized to sign this application. I/We acknowledge that I/We have read and understood the terms and conditions attached hereto and agree that such terms and conditions shall be binding upon me/us/the company/close corporation in respect of all transactions entered into between myself/ourselves and LAFARGE INDUSTRIES SOUTH AFRICA (PTY) LIMITED / LAFARGE MINING SOUTH AFRICA (PTY) LIMITED
I/We agreed that LAFARGE INDUSTRIES SOUTH AFRICA (PTY) LIMITED / LAFARGE MINING SOUTH AFRICA (PTY) LIMITED use the services and records of a registered credit bureau and other suppliers for information required in the original and future assessment of credit facilities. I/We agree that LAFARGE INDUSTRIES SOUTH AFRICA (PTY) LIMITED / LAFARGE MINING SOUTH AFRICA (PTY) LIMITED may disclose information regarding the applicant’s credit worthiness and conduct of the account to any registered credit bureau and other suppliers to the industry.
Read and Agree with terms and conditions.
1. DEFINITIONS
1.1. “Agreement” means the Application including the terms and conditions and any additions or amendments to this Agreement;
1.2. “Application” means the Application by the Customer to purchase Goods on credit or on non credit terms from the Company and that is attached to these terms and conditions;
1.3. “COLTO” means the Committee of Land and Transport Officers, a committee established by the Department of Roads and Transport of the Government of the Republic of South Africa;
1.4. “Company” means Lafarge Industries South Africa (Proprietary) Limited (Registration No. 2005/033309/07); and/or Lafarge Mining South Africa (Proprietary) Limited (Registration No. 2005/033162/07) as the case may be;
1.5. “Consumer” means a consumer as defined in the CPA;
1.6. “CPA” means the Consumer Protection Act 68 of 2008 and any promulgated regulations thereto and as amended from time to time;
1.7. “Customer” means any person, including a Consumer with whom the Company concludes an Agreement for the sale of any Goods or the provision of any Services;
1.8. “Goods” means any tangible object supplied by the Company to the Customer in terms of this Agreement;
1.9. “NEMA” means the National Environmental Management Waste Act of 2008, as amended from time to time;
1.10. “NRCS” means the National Regulator for Compulsory Specifications
1.11. “Price” means the Price agreed between the Company and the Customer for the Goods and/or the Services, together with value added tax thereon;
1.12. “SABS” means the South African Bureau of Standards;
1.13. “SANS” means the South African National Standards;
1.14. “SARMA” means the South African Readymix Association;
1.15. “Services” means the Services provided by the Company to the Customer in terms of this Agreement.
1.16. ”TCI” means the Concrete Institute NPC.
2. COMMENCEMENT AND DURATION OF THIS AGREEMENT
2.1 By placing an order with the Company or making an Application, the Customer agrees to enter into an Agreement with the Company for the supply of Goods and Services. If so, this Agreement will begin and be binding on the Customer when the Company:
2.1.1 accepts the order or the Application as the case may be; and
2.1.2 supplies the Goods or Services to the Customer.
2.2 This Agreement shall, subject to the provisions of clauses 8 continue for an indefinite period.
3. PAYMENT TERMS
3.1. In return for the supply of the Goods and Services the Customer agrees to pay the Company the Price as set out in more detail in the quotation.
3.2. In the event that the Company has granted the Customer credit facilities in writing, the Price shall be paid by the Customer, without deduction or set-off of any claims of the Customer against the Company, within 30 (thirty) days from the date of the Company’s statement of account. However, if day 30 falls on Saturday, Sunday or public holiday, payment must be made on or before the preceding business day.
3.3. The Company reserves the right to withdraw or amend any credit facilities at any time which may have been granted to the Customer and to require the Customer to furnish guarantees and/or suretyships that are acceptable to the Company for its current or future obligations.
3.3. The Company reserves the right to withdraw or amend any credit facilities at any time which may have been granted to the Customer and to require the Customer to furnish guarantees and/or suretyships that are acceptable to the Company for its current or future obligations.
3.4. The Company may charge the Customer interest on any overdue amount at the prime overdraft rate plus 3% of First National Bank, Division of FirstRand Bank Limited, calculated from the due date. A certificate signed by any manager of the aforesaid bank (whose authority and appointment it shall not be necessary to prove) as to the prime overdraft rate prevailing from time to time shall constitute prima facie proof (sufficient evidence) of that rate.
3.5. Should the Customer fail to clearly indicate to the Company which items appearing on the Company’s statement it is paying, the Company reserves the right to apply such payment by the Customer to those items in respect of which payment has been overdue for the longest time.
3.6. Payment must be made for the total amount that the Customer owes the Company as set out on the invoice(s) issued to the Customer.
3.7. Should any amount not be received by the Company on or before due date, all other amounts payable and due by the Customer to the Company, shall immediately (and without notice to the Customer) become both due and payable.
3.8. The Customer shall not be entitled to withhold payment for any reason whatsoever notwithstanding that any dispute may be pending between the parties nor shall the Customer be entitled to make any deduction from the Price or to set off any alleged claim against the amounts due by the Customer to the Company.
3.9. In addition to the rights of the Company above, if the Customer:
3.9.1 does not pay the Company on time;
3.9.2 commits a material breach of this Agreement;
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