Doolhof Wine Estates (Pty) Ltd Credit Agreement

THE PARTIES:

THE COMPANY: DOOLHOF WINE ESTATES (PTY) LTD
THE CUSTOMER: THE PARTY PURCHASING FROM THE COMPANY

  1. AGREEMENT: I certify that the details on this credit application are full and correct and I agree to the conditions set out below. I also certify that I am authorized to sign this credit application.
  2. RECOVERY: In the event that payment is not made by the customer within the time limit allowed, then and in such an event, Doolhof Wine Estates shall instruct attorneys to collect the debt on their behalf. Once recovery of this debt has been handed to the designated attorneys, the customer acknowledges the following:
    1. The customer acknowledges and agrees to the jurisdiction of the Magistrates Court notwithstanding the fact that the amount in dispute may exceed the jurisdiction of the Magistrates Court;
    2. The customer acknowledges and agrees that the attorneys acting for Doolhof Wine Estates shall be entitled to recover all legal costs from the customer on the scale as between attorneys and client together with any collection commission that may be payable on the debt;
    3. Interest shall run on the outstanding debt from the date of issue of the invoice and, in the event that it is necessary to institute legal action of the recovery of this debt, interest shall be recoverable at the rate of prime plus 2 % as charged by RNB Bank from time to time;
    4. The customer further acknowledges that the address provided on the credit application form compiled by the customer shall serve as an address, domicilium citandi et executandi and any legal process for the recovery of an outstanding debt may be validly served at that address.
  3. PRICE: Goods are charged to the Customer at prices ruling at date of invoicing.
  4. PAYMENT: Unless the Company and the Customer have agreed other payment termsin writing, the payment terms are strictly COD. The Company shall not bear any risk associated with the loss where payment is made by electronic transfer or theft of cheques.
  5. DELIVERY: Unless otherwise stated, goods will be delivered to Customer’s destination, station or RMT Hall as stipulated on the credit application or as directed in writing. Delivery to the agreed place of delivery will constitute good delivery: It is not the responsibility of the Company to ensure that the Customer’s specific Regulation with regard to the receipt of goods is complied with.
  6. RETURN: The risk of ownership of the goods passed to the Customer on delivery or upon acceptance by SATS for convenience. No goods are to be returned without written authorization by a Doolhof Wine Estates representative.
  7. REFUSAL: No goods tendered for delivery may be refused without the approval of a Doolhof Wine Estates Sales Manager. A handling charge of 15% of the value of the goods will be payable for goods returned.
  8. CLAIMS: In the event of a claim against the Company, such claim must be submitted in writing no later than 30 days after delivery of goods. The Company shall not be held responsible for any damage that occurs to its products on the Customer’s premises.
  9. OWNERSHIP: Ownership of goods remains with the Company until fully paid for.
  10. BAR CODING: The Company shall not be responsible for, and it is hereby indemnified against any loss, damage or expense incurred arising from the absence or error in the printing of Bar coding, or any other act or omission relating therein.
  11. SOLE: These conditions are applicable between the parties and no addition to, or variation of these conditions shall be enforced on the Company unless agreed to in writing by a Director of the Company or Customer Group Director.
  12. CREDIT: The Customer understands and hereby accepts that as a condition to the granting of credit being considered / approved credit checks will be carried out by Doolhof Wine Estates, both initially and from time to time, in accordance with its normal business practice.
  13. INFORMATION: The Customer certifies that the above information is correct.
  14. PERSONAL INFORMATION: The Customer consents to the Company collecting and processing the Customer’s personal information, set out above, in order to perform the applicable credit check.
    1. If such credit check is cleared, the Customer further consents to the Company processing the Customer’s personal information for purposes of providing the goods and/or services.
    2. The Company will share the personal information with third party service providers, consultants and agents from time to time.
    3. The Company will store information it obtains from and about Customers for as long as is necessary for the purposes specified in this notice or for as long as required or permitted by law.
    4. The Customer’s provision of the requested personal information and related consent is mandatory.
    5. If the Customer does not provide the required personal information or where consent is withheld, the Company will not be able to provide the relevant credit.
    6. Doolhof Wine Estates takes your privacy seriously and is committed to ensuring that your privacy is protected. Read more about our privacy practices and the processing of your personal information by viewing our online privacy statement here.