All goods bought from Aster Brands (PTY) LTD are sold on the following terms and conditions:
1) All goods sold remain the property of Aster Brands (PTY) LTD until paid in full by the applicant.
2) Aster Brands (PTY) LTD shall not be responsible for any consequential, direct, or indirect loss or damage suffered by the applicant as a result of goods purchased.
3) Payment terms are strictly as agreed to between Aster Brands (PTY) LTD and the applicant.
4) In the event of late payment, Aster Brands (PTY) LTD reserves the right to suspend credit facilities and to charge interest on the amount owed from due date to date of payment at a rate not exceeding the prime overdraft amount as determined by its bank.
5) The applicant hereby acknowledges that, should any amount not be paid on the due date, the entire outstanding balance shall immediately become due and payable.
6) Unless otherwise agreed to in writing, the risk in respect of all goods shall pass to the applicant upon delivery of such goods to the applicant directly or to a carrier nominated by Aster Brands (PTY) LTD or the applicant.
7) Signature by the Applicant, or by any representative of the Applicant, of Aster Brands (PTY) LTD delivery note, shall be regarded as acceptance by the Applicant that the goods reflected in such delivery note have been delivered and received in good order.
8) No goods may be returned for credit after delivery of such goods unless agreed to in writing by Aster Brands (PTY) LTD. The returned goods must be accompanied by a goods returned note.
9) The Applicant undertakes to notify Aster Brands (PTY) LTD in writing of any change of address as stipulated herein, including but not limited to the Applicant’s postal, physical and/or delivery addresses and the registered office address of the Applicant and the auditor’s address. The onus to prove notification of any such change falls on the Applicant.
10) In the event that Aster Brands (PTY) LTD institutes legal action against the applicant, the applicant shall be liable for all Aster Brands (PTY) LTD costs on an attorney and own client scale, inclusive of collection commission and fees to tracing agents and correspondents. These amounts shall be payable to Aster Brands (PTY) LTD on demand.
11) Any dispute arising from or in connection with this contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of South Africa by an arbitrator appointed by the Foundation.
12) The Applicant understands that the personal information given herein is to be used by Aster Brands (PTY) LTD for the purposes of assessing his/its creditworthiness.
13) Aster Brands (PTY) LTD has the Applicant’s consent at all times to contact and request information from any persons, credit bureaus or businesses, including those mentioned in the application of this agreement, and to obtain any information relevant to the Applicant’s credit assessment, including, but not limited to, information regarding the amounts purchased from suppliers per month, the length of time the Applicant has dealt with such supplier, the type of goods or services purchased, and the manner and time of payment.
14) The Applicant agrees that the information given in confidence to Aster Brands (PTY) LTD by a third party on the Applicant will be used for the purposes for which that information is given or as provided for by legislation.
15) The Applicant hereby consents to and authorizes Aster Brands (PTY) LTD at all times to furnish personal and credit information concerning the Applicant’s dealings with Aster Brands (PTY) LTD to a credit bureau and to any third party seeking a trade reference regarding the Applicant in his dealings with Aster Brands (PTY) LTD.
16) The applicant hereby consents to the jurisdiction of the Magistrate’s Court for any action which may be instituted against it in respect of this agreement as well as to the jurisdiction of the Supreme Court should Aster Brands (PTY) LTD institute any legal proceedings.
17) In the event of:
a. The applicant failing to pay any monies due to Aster Brands (PTY) LTD
b. or being provisionally or finally sequestrated, or being a company, provisionally or finally liquidated,
c. or being placed under judicial management before the purchase price of any goods purchased from Aster Brands (PTY) LTD, or any portion thereof, is paid in full, Aster Brands (PTY) LTD reserves the right without notice to proceed to the place where the purchased goods are stored and take possession thereof and forthwith remove the goods from such place.
18) All these conditions shall remain in force unless and until abrogated by Aster Brands (PTY) LTD in writing, and any obligation of the applicant shall in any case remain in full force and effect.
19) The Applicant confirms that the information given by him/her is accurate, complete, true, and correct.
20) By reading this document, the Applicant hereby understands and accepts these terms and conditions of sale.