Term's & Conditions

STANDARD TERMS AND CONDITIONS OF CARGELO INVESTMENTS (PTY) LTD T/A WESTON TECHNISEAL
1. Payment terms are strictly 30 days nett from date of first statement.

2. All goods remain the sole and absolute property of the creditor until payment has been received in full by the creditor for any such goods supplied to the customer.

3. The customer hereby acknowledges that should any amount not be paid on due date, the full amount owing by the customer to the creditor shall immediately become due and payable, without further notice, notwithstanding that any amount may, as at that date, not yet be due.

4. The creditor shall be entitled to charge and recover interest on all overdue amounts at a rate of 2% (two percent) per month, from the due date for payment of such amounts) until the date of actual payment of such amount(s).

5. The surety(ies) will be jointly and severally liable together with the customer to pay the amount due in terms of this application, the one paying, the other to be absolved. Each surety will be treated as a co-principal debtor(s) together with the customer.

6. If no valid deed of suretyship is provided to and accepted by the creditor, the creditor reserves the right to require payment of a deposit for any or each order placed. Orders will not be processed or fulfilled unless and until the required deposit is received in full by the creditor.

7. Notwithstanding any existing credit terms or suretyship, the creditor reserves the right, at its sole discretion, to require a deposit or advance payment at any time, including prior to the acceptance or fulfillment of any order. This right may be exercised without prior notice and without providing reasons.

8. The creditor reserves the right to increase the Applicant’s credit limit, either temporarily or permanently, at the creditor’s sole discretion. The creditor shall also be entitled to treat each order placed by the customer in excess of its credit limit as a request by the customer for an increase to its credit limit, and the acceptance of such order(s) by the creditor shall result in an increase to the customer’s credit limit, either temporarily.

9. The creditor also reserves the right to decrease, suspend or withdraw the credit limit at its sole discretion.

10. The Applicant agrees that it will be and remain liable to pay any or all amounts due to the creditor at any time in terms of this agreement.

11. In the event of the customer being in default of this agreement in any respect whatsoever, the creditor shall be entitled to place the customer on “stop supply” without notice, notwithstanding that the customer may have placed an order for the supply of goods prior to the stop supply date.

12. The customer acknowledges and
agrees that the creditor may submit adverse information related to the
conduct of the account to one or more credit bureaus, provided that the creditor gives the customer at least 20 business days’ written notice of its intention to do so.

13. In the event of the creditor instructing its attorneys to collect any amounts, all legal fees and collection charges and tracing-agents fees, as between attorney and client, shall be borne by the customer.

14. All payments made by the customer shall firstly be allocated towards fees and charges, thereafter to interest, and finally to capital.

15. The customer hereby consents and submits to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, for all actions which may be instituted against it for the recovery of any amounts owing to the creditor or any other dispute arising from or in connection with this agreement, including the breach of any of its provisions.

16. In all cases where the customer requires delivery by carrier, the carrier shall act as the customer’s agent and delivery to such carrier shall be deemed to be delivery to the customer. The customer bears the sole risk and responsibility for insuring the goods against any loss or damage which could occur during such delivery.

17. The customer hereby consents to the creditor collecting, storing, managing and processing of any personal information received from the customer in line and in accordance with the Protection of Personal Information Act, No 4 of 2013 (“POPIA”). The customer hereby:

17.1 – acknowledges that trade references also require their consent to release such information to the creditor, authorises the creditor to contact and request this information directly from the trade references and consents to the trade references supplying the creditor with details about the customer’s account conduct.

17.2 – consents to the creditor accessing the files of any third-party credit reference agency or credit bureau to verify the information provided to the creditor and/or to obtain the credit record and /or other personal information of the customer and its owners, directors and/or sureties, both at the point of application and at any time during the currency of its account with the creditor, and warrants that it has obtained the consent of each owner, director and/or surety for the creditor to do so.

17.3 – consents to the creditor disclosing the existence of, conduct of and other information relating to this agreement and /or the customer’s account, whether still current or not, to any third-party credit reference agency or credit bureau or any other credit grantor for use and /or publication.

17.4 – consents to the creditor performing identity and fraud checks, and sharing relevant information with the Southern African Fraud Prevention.

18. No amendments to and / or variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by the parties.

19. No warranties, representatives or guarantees have been made by the creditor which may have induced the customer and/or the surety to sign this document.

20. For all purposes under this agreement, including the giving of notice and the service of any process, the parties hereby choose their domicilium citandi et executandi at their respective physical addresses and email addresses stipulated in the Application form.

21. No relaxation or indulgence granted by the creditor to the customer and/or the surety(ies) shall be deemed to be a waiver of any of the rights of the creditor in terms of the agreement, and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions of this agreement.