The supplier and consumer agree to the following terms and conditions being fair, reasonable and in relation to the supplier’s product. These terms and conditions will apply to the products being provided by the supplier as well as to the contracts of service (where applicable).

The supplier and consumer agree to the following terms and conditions being fair, reasonable and in relation to the supplier’s product. These terms and conditions will apply to the products being provided by the supplier as well as to the contracts of service (where applicable).

WHOLE AGREEMENT
This Agreement, including all Annexures, Attachments, proposal, invoice and other documents incorporated herein, is the sole memorial between the parties and constitutes the entire Agreement between the parties hereto relating to the subject matter hereof, and save as otherwise provided herein no amendment, alteration, addition, variation, novation or consensual cancellation of this Agreement, including this clause, will be of any force or effect unless reduced to writing and signed by the parties hereto. The parties agree that no other terms or conditions, or warranties or representations whether oral or written, and whether express or implied will apply hereto and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. This clause shall in no way detract from the right of any party to have this Agreement rectified.

SEVERABILITY
Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions of the Agreement, which will continue to be valid and enforceable.  If any term or condition, held to be invalid, is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity; this will however not affect the remainder of this agreement.

NO WAIVER
No waiver or relaxation of the provisions of this agreement will constitute a waiver of rights in respect of any subsequent breach. The consumer hereby warrants that he has read and understood this agreement

NOTICES AND DOMICILIUM
The supplier choose as its domicilium citandi et executandi its place of business and the consumer for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this Agreement, the following address:

Physical address: 29 Webb Street, Northmead, Benoni, 1501
Postal address: PO Box 131013, Northmead, 1511
Telephone: +27 11 425 6601
Fax: +27 11 425 6658

PRODUCT DELIVERY BY COURIER
The supplier may elect to make use of a courier service to deliver the product to the consumer. The supplier shall consider any form of delivery note as sufficient proof of delivery of the product to the consumer. The supplier may in its sole discretion arrange multiple deliveries of the product to the consumer due to reasons of security. The supplier may elect to deliver the product to the consumer per an appointed courier.

RISK
The risk of damage and destruction and of profit and loss shall pass to the consumer on delivery by the supplier, to the address of the consumer.

INSURANCE
The supplier shall however arrange insurance on new products to be delivered to the consumer. Ownership of the product shall remain with the supplier until the full amount for the product was paid by the consumer.

LICENSES/PERMITS
The parties confirm that they are authorised and that they have the necessary authority, consent, permission, licences and permits to conduct the proposed business.

DATA
The data of the supplier transferred or made available to the consumer in terms of this Agreement will:
• at all times remains the property of the supplier. The consumer is authorised to have access to and to make use of such data as is appropriate for the performance by the consumer of its obligations under this Agreement. Upon termination or expiration of this Agreement for any reason, such data will, at the election of the supplier, be either erased from the data files maintained by the supplier may reasonably request;
• not be used by the consumer for any purpose other than in accordance with this Agreement and the consumer indemnities and holds the supplier harmless against any loss or damage or claim due to the fraudulent utilisation of the supplier’s data. On expiration or termination of the Agreement the consumer will issue to the supplier a certificate stating that it has complied with its obligations hereunder;
The consumer shall not acquire any right, title or interest in the software or documentation of the product including without limitation drawings, patents, trademarks, copy right and trade secrets. The customer shall not sub-license or transfer the software in any way to any third party.

RETURN TO SUPPLIER & REPAIRS
The consumer shall properly insure and pack the product when the product is returned to the supplier. Repair times are estimates and not binding on the supplier. The consumer authorizes the supplier to carry out any work and to fit any parts which in the opinion of the supplier is necessary to satisfactorily complete the work. If the additional work costs more than the quoted value, then the supplier will obtain the consumer’s permission to proceed with said additional work. The consumer agrees that the supplier may obtain my permission for the above by way of a telephone instruction. In the event that the supplier cannot reach the consumer telephonically, then the work will not be carried out.

LIEN OF THE SUPPLIER
The consumer acknowledges an express repairer’s lien in favour of the supplier for the amount due in terms of all repairs done.

WARRANTY
The consumer is entitled to make use of the product warranty in terms of the product brochure. The consumer will notify the supplier within the warranty period and provide the supplier with proper proof of purchase and the original packaging of the product. The warranty does not cover consumer negligence or consumer abuse. The supplier has discretion to repair or replace the product. The cost of delivery of the product is for the account of the consumer. The supplier shall not be liable for any consequential loss regarding a defective product. The consumer shall have no claim against the supplier for any failure on the part of the supplier to carry out its obligations due to reasons beyond the control of the supplier. The consumer is hereby informed of the applicable warranty will be void if the consumer does not strictly comply with these terms and conditions and the brochure of the product.

LIMITATION OF THE SUPPLIER’S LIABILITY
Except as provided for in law or by any express warranty; the supplier’s liability will be limited solely to the remedying of the defective service and/or replacing the defective parts and/or goods supplied having regard to the extent of the failure.

PAYMENT
Payment for the product or repair services will be at the prevailing standard rates at the time of completion of the work of the supplier. The consumer shall not withhold any payment or employ any manner of set-off in respect of the product. The supplier cannot provide any product without receiving payment from the consumer beforehand, unless prior agreement/terms with Cash Processing Technologies management is provided.

CERTIFICATES
A certificate signed by any director, manager or general manager of the supplier, whose capacity need not be proven, will constitute prima facie proof of the total amount owing to the supplier. Such certificate may serve as a liquid document in any competent court of law for the purposes of provisional sentence, default judgement or summary judgement or any other legal proceedings.

INTEREST
The supplier shall raise interest on any outstanding amounts at the rate of 15.5% per annum from date of indebtedness to date of full and final settlement.

NO CESSION OR TRANSFER
The consumer shall not be entitled to assign, cede, delegate or transfer any of its rights or obligations under this agreement without the prior written consent of the supplier.

BREACH
Should either party (hereinafter referred to as "the Defaulting Party") be provisionally or finally wound up or commit a material breach (including non-compliance with any statutory obligation) of any term of this Agreement and fail to remedy such breach within 14 (FOURTEEN) days of receipt of a notice to that effect or otherwise be in default of its obligations under or in terms of this Agreement, the other party will be entitled, but not obliged, in addition to any other rights which it may have or remedies which may be available to it –
• to cancel this Agreement forthwith, with or without claiming damages; or
• to obtain an order against the Defaulting Party for specific performance with or without claiming damages

RSA LAW
This agreement is concluded in Benoni, Gauteng Province South Africa and the laws of the Republic of South Africa shall govern this agreement.

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