Online Credit Application

1.

Complete our online application form

2.

Accept our terms and conditions online

3.

Submit supporting documents

4.

Sign Deed of Surety

Step 1 of 4

Step 2: Accept Terms & Conditions
I/We have read the terms and conditions stated below and hereby acknowledge, agree and accept all those terms and conditions including the STD Terms of Sale. I/We, the undersigned, hereby declare that the above information is true and correct and that I/We have full legal capacity for placing orders, making payment thereof and hereby bind myself jointly and severally as co-principal debtor for the puntual payment of all sums due or becoming due according to the terms as stated above.
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I agree
Terms & Conditions
APPLICATION FOR CREDIT FACILITIES

1. The Applicant whose details appear on this application (“the Applicant)” hereby applies to TRUSEAL (PTY) LTD (“The Company”), for credit facilities and represents and warrants that the particulars given in this application are both true and correct. The Applicant agrees that should this Application be granted; the following terms and conditions will apply:

2. THE COMPANY will notify the Applicant in writing of its acceptance or rejection of the Applicant’s application for credit facilities within a reasonable time after receipt by THE COMPANY of such application. Such notice by THE COMPANY shall also set out any further terms and conditions applicable to such credit facilities, which terms and conditions shall be determined by THE COMPANY in its sole and absolute discretion and shall be in addition to the terms and conditions set out in this Application.

3. THE COMPANY shall be entitled at any time to add to, vary, supplement, or amend the terms and conditions referred to herein by furnishing the Applicant with 30 (thirty) days prior written notice to the Applicant.

4. The terms and conditions contained in this application for credit are in addition to, and not a replacement of, the company’s standard terms and conditions of sale, a copy of which is available on request.

5. SCOPE AND APPLICABILITY OF THESE CONDITIONS – all tenders or quotations and all sales of materials by THE COMPANY to the Applicant and any contracts or sub- contracts entered into by THE COMPANY shall be subject to the conditions hereinafter set out, and each condition shall be deemed to be incorporated and to be a condition of any agreement between THE COMPANY and the Applicant.

6. WITHDRAWAL OF FACILITY - THE COMPANY may, at its discretion, terminate the Applicant’s credit facilities in terms hereof by giving the Applicant written notice of termination of the facilities, and such termination shall be effective on issue of such notice to the Applicant. The Applicant shall be deemed to have received notice on the day of delivery of the notice if it is delivered by hand, seven days after posting if sent by registered mail or within 2 hours of transmission if transmitted via email during normal business hours.

7. PAYMENT – unless otherwise specifically agreed between the parties:

7.1. THE COMPANY shall be paid strictly within thirty (30) days from date of statement. The onus shall be on the Applicant to ensure that it makes payment of all amounts due to THE COMPANY on due date.

7.2. The Applicant shall be liable to pay interest on all amounts outstanding to THE COMPANY from time to time at the prime overdraft rate, which interest shall be calculated on a daily balance and capitalised monthly from the date that the monies became due to date of payment.

8. PAYMENT FREE OF DEDUCTION - All payments shall be made without deduction and shall not be withheld or deferred on account of any claim, counter-claim or set off, in particular with regard to any dispute in respect of the weight and/or quality and/or order and/or price of the materials delivered.

9. ALLOCATION OF PAYMENTS - THE COMPANY shall be entitled in its sole and absolute discretion to allocate any amounts received from the Applicant (whether the Applicant has allocated it or not) towards the payment of any cause of debt owing by the Applicant to THE COMPANY.

10. VARIATION AND INDULGENCE - Any modification, variation, or indulgence by THE COMPANY in respect of any credit passed, shall be in respect of only a specific order or instruction and as agreed to between THE COMPANY and the Applicant and shall not be construed as a regular discount or credit to any subsequent or further orders by the Applicant.

11. DEFAULT BY APPLICANT - In the event of the Applicant not paying any amount/s on due date/s or exceeding the credit limit afforded to it by THE COMPANY then:-

11.1. all outstanding amounts then owing by the Applicant to THE COMPANY shall immediately become due and payable, without notice to the Applicant by THE COMPANY; and

11.2. THE COMPANY shall be entitled to discontinue the supply and/or to cancel the delivery of any undelivered portion of the materials pending payment, without prejudice to any other rights which THE COMPANY may have against the Applicant, and the Applicant shall remain liable for completed and partly completed work up to date of such discontinuance or cancellation.

12. VAT - The prices quoted by THE COMPANY are inclusive of Value Added Tax (VAT) unless otherwise indicated.

13. CERTIFICATE OF INDEBTEDNESS - A certificate signed by a director of THE COMPANY (whose appointment, qualification and/or authority shall be presumed unless the contrary is proved) as to the amount of the Applicant’s indebtedness hereunder shall be prima facie evidence of the amounts of indebtedness shown in that certificate and shall be binding on the Applicant (unless the Applicant proves the incorrectness thereof) in any proceedings instituted by THE COMPANY in any competent Court for the purpose of obtaining provisional sentence or judgement against the Applicant.

14. SURETYSHIP – In the event of the Applicant being a juristic person, then, if required by the COMPANY, the signatory to this Credit Application Form, and such other persons as may be identified or required by THE COMPANY, shall agree to be bound jointly and severally as surety and co-principal debtor with the Applicant to THE COMPANY for the due payment of all amounts owing by the Applicant to THE COMPANY from time to time, by completing in full and signing the attached deed of suretyship which is annexure “B” to these terms and conditions.

15. CONSENT TO JURISDICTION - If THE COMPANY has a claim against the Applicant under or in respect of credit facilities granted by THE COMPANY to the Applicant in terms hereof, the Applicant consents to THE COMPANY at its option, bringing that claim in the Magistrate’s Court which has jurisdiction over the Applicant even if the amount of the claim exceeds the jurisdiction of the Magistrate’s Court.

16. OWNERSHIP - Despite anything to the contrary in any other agreement between THE COMPANY and the Applicant, ownership in and to materials sold by THE COMPANY to the Applicant will not pass to the Applicant until the Applicant has paid the purchase price for such materials in full. The risk of loss or damage to the materials shall pass to the Applicant on delivery.

17. MATERIALS TO REMAIN FREE OF ENCUMBRANCE – until ownership of the materials has passed to the Applicant, the Applicant shall, if requested to do so by THE COMPANY, notify each Lessor/Landlord/owner and/or Mortgagee of any premises on which materials belonging to THE COMPANY is delivered. The Applicant shall also furnish THE COMPANY with a copy of such notification. THE COMPANY shall also be entitled, but not obliged, to inform any Lessor/Landlord/Owner/ and/or Mortgagee of such premises of its reservation of ownership of the materials. The Applicant shall also keep the materials free of any lien, hypothec or other security interest for so long as ownership thereof remains vested in THE COMPANY.

18. INSURANCE – The Applicant shall, if requested to do so by THE COMPANY, as soon as is reasonably possible prior to the delivery of the materials, at its own expense, take out and maintain an insurance policy or policies, covering the materials against loss, damage or destruction for the replacement value thereof, or where repairable, the costs of repair of such materials owned by THE COMPANY and shall provide THE COMPANY with proof thereof, as soon as is reasonably possible.

19. In the event of the Applicant failing to comply with any of the provisions of paragraph 18 above, THE COMPANY shall be entitled but not obliged to procure insurance cover in respect of the materials, the premiums of which shall be paid by the Applicant. At the election of THE COMPANY, THE COMPANY may pay such premiums as are required thereon, and the Applicant shall reimburse THE COMPANY the amount so disbursed by THE COMPANY, upon demand.

20. PRICES – Prices and approved quotations as appearing on THE COMPANY’S invoices shall be regarded as firm and fixed and shall constitute prices relevant to the particular invoice or contract.

21. Notwithstanding the provisions of paragraph 20 above, the prices quoted for the materials including import and surcharges where applicable, may be affected by a fluctuation in the rate of exchange and/or any import duties and/or taxes and/or freight charges and/or a change in the selling price of the materials by the suppliers thereof. In the event of such a change, and failing agreement between THE COMPANY and the Applicant about such change(s), THE COMPANY reserves the right to amend its quotation accordingly.

22. The Applicant shall be obliged to pay the purchase price of any product delivered to it in terms hereof in South African currency at THE COMPANY’S domicilium address.

23. STORAGE FEES - THE COMPANY may in its discretion charge the Applicant reasonable storage fees for goods held by THE COMPANY for and on behalf of the Applicant for any period in excess of 3 weeks from the date on which the materials are ready for collection. THE COMPANY shall advise the Applicant of the rate to be charged prior to charging the storage fee.

24. HANDLING FEES - In the event of THE COMPANY being charged a handling fee by a supplier in respect of goods ordered for and on behalf of the Applicant and in accordance with this agreement, the Applicant shall be liable for such fees and THE COMPANY shall be entitled to invoice the Applicant for such fees.

25. RETURNS - In the event of a cancellation of an order by the Applicant or goods accepted for return by THE COMPANY, THE COMPANY reserves the right to charge a handling fee of up to 25% of the value of the order cancelled or goods returned, save for where the goods returned are faulty or defective.

26. RETURN OF FAULTY MATERIALS – Any claim for credit by the Applicant about faulty materials, must be accompanied by delivery to THE COMPANY of the faulty materials. New materials will be invoiced at their full selling price. All materials returned by the Applicant to THE COMPANY shall be returned at the Applicant’s expense and in its original packaging. If the returned materials are found to be defective or faulty, the Applicant will be credited for the delivery costs.

27. TRANSPORT AND DELIVERY RISKS – When delivery is made by THE COMPANY to the Applicant by carrier (i.e., by means of transportation other than THE COMPANY’S own transportation) then, and in such event, all risks in and to the materials in question shall pass to the Applicant upon collection thereof by the carrier.

28. THE COMPANY reserves the right to withhold delivery of any undelivered portion of the materials until all monies payable for any delivered materials has been paid. The COMPANY will furnish the Applicant with written notice of such withholding.

29. Each delivery or part delivery of any order shall be deemed to be sold under a separate agreement and neither failure on the part of THE COMPANY to make any delivery or part delivery in accordance with these conditions nor any claim by the Applicant in respect of such delivery or part delivery, shall entitle the Applicant to reject the balance of the order. Any delivery note signed by the Applicant or on its behalf shall be prima facie proof that delivery of the materials was made to the Applicant.

30. All materials are deemed to be in good working order and condition and exactly to the Applicant’s instructions and specifications, as recorded on the order form or on THE COMPANY’S confirmation of an order, unless notified otherwise by the Applicant within 3 days of date of delivery.

31. INSTRUCTIONS TO THE COMPANY – instructions to THE COMPANY shall be valid and binding only if timeously given by the Applicant in writing specifically in relation to the order in question and accepted in writing by THE COMPANY.

32. Standing or general instructions or instructions given late, even if received by THE COMPANY without comment, shall not be binding on THE COMPANY unless accepted by THE COMPANY.

33. ORDERING – THE COMPANY shall only supply materials to the Applicant in accordance with these terms and conditions of sale upon receipt of a written purchase order. All orders placed with THE COMPANY are subject in all respects to approval and acceptance by THE COMPANY, in its sole and absolute discretion, and THE COMPANY shall not be bound to accept any order placed by the Applicant or be liable to the Applicant for any claim of any nature which arises by virtue of its failure to accept any order.

34. LIMITATION OF LIABILITY – THE COMPANY shall not be liable under any circumstances whatsoever for: -

34.1. Any loss of profit or other special damage or any consequential damages arising out of any breach by it of any of its obligations under this agreement, or any latent or other defects in the materials;

34.2. Any damage to materials that has occurred on the Applicant’s premises after delivery thereof in any respect whatsoever;

34.3. Any loss or damage arising out of the products or any part thereof being defective in any way or not being suitable for any particular purpose or use.

35. Should THE COMPANY, notwithstanding the aforegoing, be found by any competent Court of Law in the Republic of South Africa to be liable for any losses, costs, damages or refunds, the Applicant hereby specifically agrees that THE COMPANY’S liability will be limited to a maximum of the price received by THE COMPANY from the Applicant for the materials which gave rise to the action, subject to the return of such materials in good condition, fair wear and tear excepted and subject further to the Applicant having complied in all respects with THE COMPANY’S handling and site care instructions with regard to the materials.

36. VIS MAJOR – Neither party shall be held responsible for failure to perform in terms of this agreement when prevented from doing so by industrial action, strike, breakdown of materials, war, transport delay, flood, fire, riots, civil disturbance, pandemic or national lockdown or any other causes beyond its reasonable control.

37. CHANGE OF CIRCUMSTANCES - The Applicant undertakes to notify THE COMPANY in writing immediately there is any material change in the Applicant’s circumstances, including but not limited to: change in ownership of the Applicant, or in the Applicant’s business, name, address, or financial circumstances. Any intergroup transfers of the Applicant shall not constitute a change of circumstances in terms of this clause.

38. SEVERABILITY AND DIVISIBILITY - Each provision and/or clause in these terms and conditions are hereby declared to be severable and divisible from the others. Accordingly, if any one or more of the clauses is deleted or found to be invalid or unenforceable for whatever reason, then and in such an event, such deletion, invalidity and or unenforceability shall in no way detract from, limit, inhibit and/or derogate for the enforceability of the remaining clauses.

39. COSTS - If THE COMPANY takes any action against the Applicant (whether this action includes instituting legal action or not) to recover money owing by the Applicant in terms hereof, the Applicant shall be liable for THE COMPANY‘s legal costs on an attorney and client basis together with collection commission.

40. NOTICES AND DOMICILIUM - Each party chooses the address set out in the application form as its domicilium citandi et executandi at which all notices, legal processes and other communications must be delivered for the purposes of these Conditions.

41. Any party may by written notice to the other party change its chosen address to another physical address and/or its chosen email address to another email address, provided that the change shall be in writing and addressed to the other party. Notice shall be deemed to have been received by the other party on the day of delivery of the notice if it is delivered by hand, seven days after posting if sent by registered mail or within 2 hours of transmission if transmitted via email during normal business hours.

42. Any notice or communication required or permitted to be given in terms of these conditions shall be valid and effective only if in writing but it shall be competent to give notice by telefax or email.

43. ACCELERATION - If the Applicant fails to pay a debt to THE COMPANY in terms hereof when it is due then all other amounts owed to THE COMPANY by the Applicant from any cause shall become immediately due and payable even if payment of those amounts is only due in the future.

44. GENERAL - Any latitude or extension of time, which may be allowed by THE COMPANY, shall not under any circumstances whatsoever act as an estoppel or be a waiver of THE COMPANY‘s rights hereunder.

45. GOVERNING LAW - These terms and conditions of sale shall be in all respects governed by and construed in accordance with the laws of the Republic of South Africa.

46. ENTIRE AGREEMENT - This Application, together with any annexure, constitutes the entire agreement between the parties relating to the subject matter hereof and no other conditions, warranties, guarantees and representations shall be of any force or effect other than those which are included herein.

47. CESSION - The Applicant shall not be entitled to cede its rights or delegate its obligations under this Application without the prior written consent of THE COMPANY. THE COMPANY shall be entitled to cede its rights or assign its obligations in terms hereof without the prior consent of the Applicant.

48. ACCEPTANCE - The Applicant hereby acknowledges that he has read and understood each term of these conditions and accepts them as valid and binding.

49. PERSONAL INFORMATION - THE COMPANY may access credit and/or related information concerning the Applicant from any credit bureau or their agents or credit provider, in order for THE COMPANY to conduct a credit assessment and/or affordability assessment and/or to trace its current whereabouts; perform an assessment of or to appoint a credit bureau to assess the credit worthiness of the Applicant and/or the ability of the Applicant to repay the credit requested; monitor the financial status of the Applicant on an ongoing basis by making use of a nominated credit bureau; furnish credit information concerning it to any credit bureau, or to any credit provider seeking trade references concerning the Applicant; hold and process, by computer or otherwise, any information obtained about an Individual or Business Entity as a result of this application for the purpose of making any credit risk management related decisions. THE COMPANY will only consider credit applications with a commercial credit score of Med-Low & Low Risk as assessed by its appointed agents.

50. The Applicant agrees that the signature of its employee or any person purporting to represent it on the official dispatch or delivery notes or courier waybills used by THE COMPANY’s dispatch will be sufficient proof of delivery of the products.

51. PROTECTION OF PERSONAL INFORMATION

51.1 The collection and processing of all personal information (as defined in POPIA) of any data subject (as defined in POPIA) will be in strict compliance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).

51.2 Should either party constitute an “operator” as defined in POPIA and the other party a “responsible party” as defined in POPIA in respect of any “personal information” as defined in POPIA for purposes in terms or relating to this application (“personal data”), the party constituting the operator shall:

51.2.1 process such personal data with the knowledge or authorisation of the other party, in accordance with this agreement or as required by POPIA and as necessary to perform its obligations under this agreement and for no other purpose;

51.2.2 treat such personal data as confidential and not disclose it, unless required by law or during the proper performance of its duties;

51.2.3 secure the integrity and confidentiality of such personal data by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to, or unauthorised destruction of personal data and unlawful access to or processing of personal data;

51.2.4 take reasonable measures to: -

51.2.4.1 identify all reasonably foreseeable internal and external risks to personal data;

51.2.4.2 establish and maintain appropriate safeguards against the risks identified; and

510.2.4.3 regularly verify that the safeguards are effectively implemented;

51.2.5 ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;

51.2.6 have due regard to generally accepted information security practices and procedures which may apply to that party generally or be required in terms of specific industry or professional rules and regulations; and

51.2.7 notify the other party as soon as possible after obtaining actual knowledge of reasonable grounds to believe that the personal data has been accessed or acquired by any authorised person.

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Online Credit Application

1.

2.

3.

4.

Step 1 of 4

Step 1: Complete this online credit application form

Company Details

Owner / Partner / Directors Details

Purchaser Details

Accounts Details

Nature of Business

Trade References x 3

Terms Required

Bankers

Step 2: Accept Terms & Conditions

Terms & Conditions

Step 3: Upload or email supporting documents

Step 4: Sign Annexure B - Deed of Surety