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These terms and conditions constitute the entire agreement between PLUMB-IT and the Customer regarding any matter dealt with herein and no other agreements, representations or warranties between the parties, other than those specifically set out herein below, shall be binding on the parties.
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No addition to, or variation, consensual cancellation or novation of this agreement, including this clause, and no waiver of any right contained herein, or its termination, shall be of any force or effect whatsoever unless reduced to writing and signed by the parties hereto or their duly authorised representatives.
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No latitude, extension of time or other indulgence, which may be given or permitted by PLUMB-IT to the Customer, shall operate as a waiver or novation of, or otherwise affect, any of PLUMB-IT's rights in terms of or arising from this agreement.
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Each undertaking by either or both parties contained in this agreement will be construed as an agreement and undertaking independent of any other provision of this agreement. The parties hereby expressly agree that it is not the intention of any party to violate any public policy, statutory or common law, and that if any sentence, paragraph, clause or combination of the same is in violation of the law of the Republic of South Africa, such sentence, paragraph, clause or combination of the same alone will be void in the jurisdiction where it is unlawful, and the remainder of such clause and this agreement will remain binding upon the parties hereto. The parties further acknowledge that it is their intention that the provisions of this agreement be binding only to the extent that they may be lawful under existing applicable law of the Republic of South Africa, and in the event, that any provision hereof is determined to be overly broad or unenforceable, the parties hereto agree to the modification of such provisions to the minimum extent required to make them valid and enforceable.
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PLUMB-IT shall be entitled to cede all its rights and delegate its obligations arising out of this agreement.
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The Customer shall not be entitled to cede any of its rights or delegate any of its obligations in terms of this agreement without obtaining PLUMB-IT's prior written consent.
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No relaxation which PLUMB-IT may have permitted on any one occasion regarding the carrying out of the Customer's obligations shall prejudice or be regarded as a waiver of PLUMB-IT's rights to enforce its obligations on any subsequent occasion.
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This agreement shall be governed and construed in strict accordance with the laws of the Republic of South Africa and all disputes, actions and other matters which may rise about the relationships established by this agreement, or otherwise because of this agreement, shall be determined in accordance with such laws.
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PLUMB-IT shall be entitled but not obliged to institute any proceedings against the purchaser arising out of any agreement between the Customer and itself for the full balance outstanding, including current purchases, in any Magistrate's Court having jurisdiction over the Customer, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate's Court. Further, the Customer agrees to be liable for all legal costs including costs on the scale as between an attorney and his own client and collection charges and tracing costs.
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A certificate signed by any director or manager of PLUMB-IT showing the amount due and owing by the Customer to PLUMB-IT at any given time shall be prima facie evidence of the amount due by the Customer and such certificate shall be sufficient for purposes of judgment or provisional sentence or other legal proceedings.