Terms and Conditions of Sale
1. These terms and conditions are binding between Totalgaz Southern Africa (Pty) Limited (“Totalgaz”) and the Customer to whom this invoice is rendered.
2. The price for the goods and/or services provided by Totalgaz to the Customer in respect of this sale is contained on the face of this invoice (“the price”).
3. Payment of the price shall be made at Totalgaz’s place of business strictly in accordance with the terms and conditions contained herein or in accordance with any further credit terms as may from time to time be stipulated by Totalgaz.
4. In the absence of any other stipulation, payment shall be made cash on delivery without any set off or deduction for any reason whatsoever.
5. The amount of the Customer’s indebtedness at any time (including interest and the rate of interest) shall be prima facie determined by a certificate signed or purportedly signed by any Credit Manager or Financial Manager of Totalgaz.
6. All payments made in respect of this invoice may be appropriated by Totalgaz to such accounts or part thereof as Totalgaz, in its discretion, may decide from time to time.
7. Totalgaz has the right to withhold delivery of the goods described in this invoice pending payment in full.
8. Nothing contained in these terms and conditions shall be construed as obligating Totalgaz to continue supplying the Customer with goods in the event of a breach hereof.
9. All sums due and payable by the Customer to Totalgaz and not paid on due date as set out in this invoice shall bear interest at the rate of 2% above the prime overdraft rate charged from time to time by the bankers of Totalgaz reckoned from the date that the sum became due and payable to the date of payment in full.
10. The Customer and Totalgaz agree and consent in terms of Section 45 of the Magistrates' Court Act of 1944 or any amendment thereof to the jurisdiction for any action or proceedings under this agreement otherwise beyond the jurisdiction of the said Court which may be brought against the other party arising out of any transactions between the Customer and Totalgaz, it being understood that both parties shall be entitled to bring any action or proceedings in the High Court of South Africa.
11. The Customer and other surety/ies choose the address mentioned on the face of this document as its/theirdomicilium citandi et executandi for all purposes hereunder, including the service of legal and all other processes and notices. Any notice given shall irrevocably be deemed to have been received within five (5) days after postage thereof, and in the case of delivery, on the date of delivery. Any notice given by the Customer to Totalgaz will be sent by prepaid registered post.
12. Delivery to the address chosen by the Customer for purposes of delivery, shall irrefutably be deemed to be proper delivery and the onus of proving non-delivery shall rest with the Customer.
13. The risk in and to any goods purchased by the Customer from time to time shall pass to the Customer on delivery. Ownership in any goods purchased by the Customer from time to time shall only pass to the Customer as soon as the full purchase price in respect thereof has been paid to Totalgaz.
14. In the event of any breach by the Customer of this agreement of whatsoever nature, or in the event of the Customer repudiating this agreement, then Totalgaz shall have the right to terminate this agreement forthwith without prejudice to any other rights or remedies which it might have in the premises, and to claim all monies then outstanding whether such monies be due and payable at the time of breach whether minor or not, including if the Customer is liquidated or placed under judicial management, whether provisionally or finally.
15. Without prejudice to any rights or remedies which Totalgaz may have, if the Customer breaches any of its obligations under this agreement, the duly authorised representatives of Totalgaz shall forthwith and without any notice to the Customer be entitled to enter into the Customer's premises (or any premises in which the goods may be situated and which premises are owned by or under the control of the Customer) and retake possession of all goods which may have been sold from time to time by Totalgaz to the Customer.
16. No latitude or extension of time which may be allowed by Totalgaz to the Customer in respect of any payment provided for herein, or relaxation of any of the provisions or terms of this agreement or any agreement, bill of exchange or other document issued, or executed pursuant to or in terms of this agreement, shall operate as an estoppel on Totalgaz or a novation, and Totalgaz may at any time without notice require strict and punctual compliance with each and every proviso or term thereof.
17. It is recorded that in terms of the Customer’s contract with Totalgaz, Totalgaz shall be entitled to withhold supplies from the Customer, or to allocate such supplies to the Customer in such manner or quantity as it may deem fit, if , for any reason beyond Totalgaz’s control it is unable to obtain its full requirement of LPG from any of its normal sources of supply by its usual means