Inkosi Logistics (Pty) Ltd

Transcription

1 Inkosi Logistics (Pty) Ltd (THE CREDIT PROVIDER, herein after referred To as INKOSI LOSTICS (PTY) LTD) CREDIT APPLICATION OF (REGISTERED NAME AND REGISTRATION NUMBER) (HEREIN AFTER REFERREF TO AS THE CREDITOR) THIS DOCUMENT MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE AND TWO WITNESSES MUST SIGN AND INITIAL EACH PAGE WHERE NECESSARY SIGN IN FULL (BLACK PEN). APPLICANT: 1. REGISTERED NAME OF BUSINESS : 2. TRADING AS : 3. DATE ESTABLISHED : 4. REGISTERED OFFICE ADDRESS : 5. BUSINESS ADDRESS : 6. TELEPHONE NUMBER : 7. FAX NUMBER : 8. ADDRESS : 9. POSTAL ADDRESS : 10. VAT NO (Attach copy of certificate) :

2 DIRECTORS OF COMPANY/ MEMBERS OF THE CLOSE CORPORATION/PARTNERS/SOLE PROPRIETOR: (Attach ID document copies) 1. FULL NAME : IDENTITY NUMBER : RESIDENTIAL ADDRESS : 2. FULL NAME : IDENTITY NUMBER : RESIDENTIAL ADDRESS : 3. FULL NAME : IDENTITY NUMBER : RESIDENTIAL ADDRESS : LIST SURETIES : LIST CESSION OF DEBTORS : LIST JUDGEMENT AGAINST BUSINESS OF PRINCIPALS: HAVE MORATORIUMS OR OFFERS OF COMPROMISE EVER BEEN MADE TO BUSINESS CREDITORS (List if Yes): AUDITORS: NAME : TELEPHONE NO E- MAIL ADDRESS ADDRESS : : :

3 ADDRESS, NAME AND CONTACT NUMBER OF PERSON RESPONSIBLE FOR CREDITORS: ADDRESS, NAME AND CONTACT NUMBER OF PERSON RESPONSIBLE FOR ACCOUNT: ADDRESS, NAME AND CONTACT NUMBER OF PERSON RESPONSIBLE FOR OPERATIONS: BANKING DETAILS: (Attach Cancelled Cheque) NAME OF BANK BRANCH NAME & CODE NAME OF ACCOUNT HOLDER ACCOUNT NUMBER : : : : ACTIVE TRADE REFERENCES: 1. COMPANY : TELEPHONE NUMBER CONTACT PERSON : : 2. COMPANY : TELEPHONE NUMBER : CONTACT PERSON : 3. COMPANY : TELEPHONE NUMBER : CONTACT PERSON : CUT OFF DATES FOR POD S :Must reach our offices no later than the 10 th of each month

4 PHYSICAL ADDRESS FOR INVOICES & POD S : SUITE 203, FERFAM HOUSE 9 STANLEY GRACE CRESCENT UMHLANGA ROCKS 4319 THE ABOVEMENTIONED DETAILS IS CERTIFIED AS CORRECT. Signed at on this day of 20 Signature: Name: Witnesses: Signature: Name: Signature: Name: THIS DOCUMENT MUST BE E- MAILED OR FAXED TO OUR OFFICE AND THE ORIGINAL DOCUMENTS MUST THEN BE SENT TO OUR OFFICE.

5 STANDARD TERMS AND CONDITIONS 1. APPLICATION These conditions will govern all agreements for the transportation of goods, sale of any goods by Inkosi Logistics (Pty) Ltd or the supply of services by Inkosi Logistics (Pty) Ltd. Any qualification or modification of these Conditions and any other conditions that the Customer may seek too impose will not apply unless expressly accepted by Inkosi Logistics (Pty) Ltd in writing. 2. CONTRACT Inkosi Logistics (Pty) Ltd quotation does not constitute an offer and a quotation may be revoked at any time. An order from the Customer based on Inkosi Logistics (Pty) Ltd s quotation shall constitute an offer. An acknowledgement of that order sent by Inkosi Logistics (Pty) Ltd in writing shall constitute acceptance of that offer. By placing the order the Customer shall be deemed to have accepted the conditions set out herein as the terms and conditions governing the relationship between the Customer and Inkosi Logistics (Pty) Ltd. 3. RATES 3.1 The rates as quoted by Inkosi Logistics (Pty) Ltd are based on certain fixed costs as well as fluxuating costs. In the event of any upward or downward adjustments in the price of fuel, toll and/or tyre prices Inkosi Logistics (Pty) Ltd has the right to adjust the rates charged to the customer accordingly. 3.2 The rates quoted are strictly net and not subject to any discount unless otherwise agreed to in writing. If any discount is agreed in writing it shall only be allowed if payment is received by Inkosi Logistics (Pty) Ltd by the due date (as contemplated in clause 4.1.2) and shall only be calculated on the net price. All discounts will be given to the customer as a credit on the customer s account and as such the customer shall remain liable for payment of the full account, but will receive a credit on its account with Inkosi Logistics (Pty) Ltd after its account have been paid in full, which shall be taken into consideration on its next account. 3.3 All tax invoices will be net of VAT and accordingly VAT will be added to the rates as quoted or agreed to. 4. PAYMENT TERMS 4.1 The customer shall make payments to Inkosi Logistics (Pty) Ltd: of the invoices delivered by Inkosi Logistics (Pty) Ltd; within 7 (seven) Business Days from date of invoice; in South African currency INITIALS:

6 4.1.4 free of bank and other charges, without delay, counterclaim, holding- over, set- off or deduction and shall, unless otherwise agreed in writing, be made by way of EFT into the bank account designated from time to time by Inkosi Logistics (Pty) Ltd for this purpose. All EFT s shall be made at such time as to reflect such payment in good and cleared funds in the designated bank account by no later than due date. 4.2 In the event of the customer not paying the whole of the invoice by the required day the customer shall pay interest on the amount outstanding from the date due for payment until the actual date of payment at the rate of 15,5% per annum, compounded monthly in arrears. 4.3 So long as any payment is outstanding whether relating to the current agreement between the customer and Inkosi Logistics (Pty) Ltd or any other agreement, Inkosi Logistics (Pty) Ltd shall have a special and general lien on any of the customer s goods or equipment in Inkosi Logistics (Pty) Ltd s possession and Inkosi Logistics (Pty) Ltd shall be entitled to retain such goods or equipment or any part of it and/or suspend the delivery of services on any contract until payment is made. 4.4 In the event of any payment being overdue, Inkosi Logistics (Pty) Ltd reserves the right to withdraw any credit facilities granted to the customer without further notice to such customer. In such event the full amount outstanding by the customer to Inkosi Logistics (Pty) Ltd shall immediately become due owing and payable. Inkosi Logistics (Pty) Ltd shall be entitled to set off any overdue amount owed to it against amount owed to the client by Inkosi Logistics (Pty) Ltd. 5. DELIVERY 5.1 Delivery shall be deemed to have taken place on delivery of the goods to the customer 5.2 A proof of delivery document (POD), whether signed by the customer or its representative shall be conclusive proof that delivery was made. 5.3 Inkosi Logistics (Pty) Ltd shall not be liable under any circumstances whatsoever for any claim for any alleged shortage in the delivery of goods or any alleged damage to goods unless: written notice of the claim is received by Inkosi Logistics (Pty) Ltd within 7 (seven) days after receipt of the goods by the customer or its representative; an endorsement was made by the customer or its representative on the delivery note of Inkosi Logistics (Pty) Ltd documenting any alleged shortage or damage to the goods; the claim is supported by an original Tax Invoice which is received by Inkosi Logistics (Pty) Ltd documenting an alleged shortage or damage to the goods; 5.4 Inkosi Logistics (Pty) Ltd may in its sole and absolute discretion withhold delivery of any goods and/or supply of services pending payment of any sum due from the customer to Inkosi Logistics (Pty) Ltd. INITIALS:

7 6. INSURANCE Inkosi Logistics (Pty) Ltd shall insure the Goods in Transit 7. SUSPENSION OF INKOSI LOGISTICS (PTY) LTD S OBLIGATIONS 7.1 If any amount owed by the customer to Inkosi Logistics (Pty) Ltd from any cause whatever, whether under this agreement or not, is not paid on due date, then, without prejudice to any other right which it may have, Inkosi Logistics (Pty) Ltd may require that all amounts then owed to it by the customer, from any cause whatsoever (and whether under the agreement or not) shall immediately become due and payable until payment is made, suspend the carrying out of any of its then uncompleted obligations: terminate any credit facilities granted to the customer, whether under this agreement or not. 8. BREACH If the customer breaches any of the terms and/or conditions hereof or any other agreement with Inkosi Logistics (Pty) Ltd or fails to pay any amount payable by it on due date or commits any act of insolvency or endeavours to compromise generally with its creditors or does or causes to be done anything which may prejudice Inkosi Logistics (Pty) Ltd s rights hereunder or at all, or allows any judgement against it to remain unsatisfied for 7 days or is placed into provisional or final liquidation or judicial management or under provisional or final sequestrations or if his estate is voluntary surrendered, Inkosi Logistics (Pty) Ltd shall have the right without prejudice to any other right that it may have in law against the customer, to cancel this agreement. 9. OVERRIDING The terms and conditions as set out in this document shall override all terms and conditions stipulated, incorporated or referred to by the customer in any order or negotiations and shall be the only terms and conditions binding on the parties. 10. GOVERNING LAW 10.1 The rights and obligations of Inkosi Logistics (Pty) Ltd and the customer shall be governed by the law of the Republic of South Africa and the customer agrees to submit to the jurisdiction of the Courts of the Republic of South Africa for the determination of disputes. 10.2

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