STANDARD TERMS AND CONDITIONS OF ATEX SPECIALIZED PROJECT SOLUTIONS (“the Company”)
1 INTERPRETATION
1.1 The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely
1.1.1 “The Goods/Goods” means any goods handled, transported or dealt with by or on behalf of or at the instance of the Customer or which come under the control of the Company or its agents, servants or nominees on the instruction of the Customer, and includes any equipment, commodity, part, machinery, container, transportable tank, pallet, package or any other form of covering, packaging, container or equipment used in connection with or in relation to such goods;
1.1.2 “The Owner” means the owner or possessor of the goods in respect of which the services are rendered under these terms and condition and any other person who is employed by the owner or may have or may acquire any interest, financial or otherwise, therein.
1.1.3 “The Customer” means the person or entity described in the memorandum of agreement, annexed hereto and at whose request or on whose behalf the Company undertakes any business or provides any advice, information or services.
1.1.4 “Party/Parties” means either or both, as the context requires, of the company and the customer.
2 NATURE AND SCOPE OF THE AGREEMENT
2.1 The Customer hereby appoints and the Company hereby accepts the appointment to provide the Customer with specialized relocation and related services (“The Services”) which shall be provided on the basis of the terms and conditions set out hereunder and the memorandum of agreement annexed hereto (collectively referred to as “The Terms and Conditions”).
2.2 The Company deals with goods on the basis that it is neither a common carrier nor a public carrier. The transportation of the goods is undertaken at the sole risk and expense of the Customer and subject to these terms and conditions.
2.3 Unless the parties agree in writing specifically to the contrary, these terms and conditions shall prevail over the Customers standard trading terms and conditions (if any), even if the latter is concluded between the parties and incorporated after these terms and conditions, not withstanding any novation clause in the subsequent agreement, unless same specifically revokes these terms and conditions.
2.4 The Company shall be entitled at any time and its sole and unfettered discretion to cede, delegate, assign and/or transfer these terms and conditions, including all rights and/or obligations contained therein, to any other person or entity.
2.5 The Company is entitled to amend these terms and conditions and to furnish the Customer with supplementary terms and conditions. All amendments and supplements shall take effect 15 (fifteen) days from the date on which such amendment or supplement is communicated to the Customer by the company.
3 INSTRUCTIONS BY THE CUSTOMER
3.1 The Customers instructions to the Company shall be in writing, precise, clear and comprehensive. Instructions given by the Customer shall be recognized by the Company as valid only if timeously given specifically in relation to a particular matter in question. Oral instructions, standing or general instructions or instructions given late, even if received by the Company without comment, shall not in any way be binding upon the Company, but the Company may act thereupon in the exercise of its absolute discretion.
3.2 In the absence of specific instructions given timeously in writing by the Customer and accepted by the Company, the Company shall have the absolute sole discretion to decide upon the timing, means, root, procedures, tariff rates, carriers, the arrangement, conveyensing, storage or handling of goods and any other matter, issue or question whatsoever relating to the rendering of the services.
4 COMPANY’S GENERAL DISCRETION
4.1 Not withstanding anything to the contrary herein contained, if at any time the Company should in its absolute sole discretion consider it to be in the Customers interest or for the public good to depart from any of the Customers instructions, the Company shall be entitled to do so and shall not incur any liability in consequence of doing so.
4.2 If events or circumstances come to the attention of the Company, its agents, servants, or nominees which, in the opinion of the Company, make it in whole or in part impossible or impracticable for the Company to comply with the Customers instructions, the company shall take reasonable steps to inform the Customer of such events or circumstances and to seek further instructions.
4.3 It shall always be within the Company’s sole discretion to accept or reject instructions or requests for services to be performed by the Company, not withstanding any previous agreements to undertake or provide services to the Customer and not withstanding that the Company may previously have granted any credit terms or facilities to the Customer, either expressly or by implication.
5 QUOTATIONS
The Company shall be entitled to alter any quote tendered and accepted by the Company in the event of and increase in the quantity, mass or volumetric weight of the goods, an increase in the distance over which the goods are to be transported, an increase in time spent by the Company in affecting the delivery due to the fault of the Customer, as a result of , without limiting the generality thereof, in accessibility to the loading or offloading site or in punctuality, or any other factor out of the control of the Company which impacts on the costs involved in rendering the services.
6 INSURANCE
6.1 The Company shall not be under any obligation to insure the Customers goods unless it is specifically instructed to do so timeously and in writing by the Customer. The premiums concomitant with such insurance cover obtained by the Company for the benefit of the Customer, shall be for the Customers account.
6.2 Such insurance will be arrange by the Company with its insurers and will be subject to such exceptions and conditions as may be imposed by its insurers or the underwriter assuming the risk and the Company shall not be obliged to obtain separate cover for any risks so excluded.
6.3 Unless otherwise agreed in writing the Company shall not be under any obligation to obtain separate insurance in respect of separate consignments but may as it sole discretion insure all or any of such consignments under any open or general policy held by the Company from time to time.
6.4 Should any insurer dispute its liability in terms of any insurance policy in respect of any goods, the Customer concerned shall have recourse against such insurer only and the company shall not have any responsibility or liability whatsoever in relation thereto not withstanding that the premium paid on such policy may differ from the amount paid by the Customer to the Company in respect thereof. In so far as the Company agrees to arrange insurance the Company solely as agent for and on behalf of the Customer. Not withstanding anything to the contrary herein contained, the Company shall under no circumstances be liable for any consequences of any failure to obtain any insurance cover, weather requested to do so by the customer or otherwise and the liability of the Company in respect of any claim brought against the Company arising out of or in connection with the provisions of this clause shall be regulated and determined in accordance with the provisions of these terms and conditions.
7 CUSTOMERS WARRANTEES AND UNDERTAKINGS
7.1 The Customer warrants and undertakes that;
7.1.1 It is either the owner or the authorized agent of the owner or lawful consignee of any goods in respect of which the Customer instructs the Company, and the Company may request written confirmation and proof of ownership before it renders the services.
7.1.2 It has or will timeously furnish the Company with all pertinent information and instructions relating to the rendering of the services, and all information and instructions supplied or to be supplied by it to the Company is and shall be accurate, true and comprehensive, and indemnifies the Company against all claims, losses, penalties, damages, expenses and fines whatsoever, whensoever and howsoever arising as a result of a breach of the aforegoing whether negligently or otherwise caused.
7.1.3 Unless the Company expressly agrees to undertake the following functions on behalf of the Customer on the basis of a written quote accepted by the Company, all goods will be properly, adequately and appropriately prepared and packed, stowed, labeled and marked and shall be capable of withstanding the normal hazards inherent in the rendering of the services. The Customer shall indemnify the Company against all losses, damages, expenses and fines arising from any neglect or omission in this regard and any goods not in compliance with the provision of this clause will be handled by the company, its servants, agents and independent contractors entirely at the Customers risk.
8 COMPANY ENTITLED TO ACT AS AGENT OR PRINCIPAL
Unless otherwise agreed in writing the Company in procuring the carriage, storage, packing or handling of goods or in concluding any contract with a third party shall be entitled to act either as an agent for and on behalf of the Customer or as a principal, as in its absolute discretion deems fit and when acting as agent for and on behalf of the Customer shall be entitled to enter into any contract it deems necessary for requisite for the fulfillment of the Customers instructions.
9 SUBCONTRACTING
9.1 Any business entrusted by the Customer to the Company may, in the absolute discretion of the Company be fulfilled by the Company itself, by its own servants performing part or all of the relevant services or by the Company employing or entrusting the goods or services to third parties on such conditions as may be stipulated by, or negotiated with, such third parties for the purposes of such services, or such part thereof as they may be employed to carry out.
9.2 Where the Company employs third parties to perform all or any of the functions which it has agreed to perform, the Customer agrees that the Company shall have no responsibility or liability to the Customer for any act or omission of such third party, even though the Company may be responsible for the payment of such third parties charges.
10 DESCRIPTION OF GOODS
10.1 The Customer shall prior to delivery of the goods to the Company provide the Company with a document giving a full description of the goods.
10.2 The Customer warrants the accuracy of the aforesaid and all other descriptions, values and other particulars in respect of the goods furnished to the Company for all purposes whatsoever. The Customer indemnified the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission in this respect.
10.3 All goods in respect of which the Company does not receive a document giving a full accurate description thereof prior to delivery to the Company shall be handled by the Company, its servants, agents and independent contractors entirely at the Customers risk.
11 INSPECTION
11.1 The Company shall at all times be entitled but not obliged to unpack any goods to inspect same and establish the nature and sufficiency of the packing. The cost of repackaging the goods shall be borne by the Customer.
11.2 The Company shall at all times be entitled but not obliged to inspect any goods and shall be further entitled to refuse to accept any goods weather packed or not which in its sole discretion appears in any way to be damaged and unsafe for handling, storage or carriage.
12 COLLECTION AND DELIVERY
12.1 The Company or the Customer or both shall effect the loading and offloading of the goods from the delivery vehicle.
12.2 Where the Customer effects or participates in the loading and/or offloading of the goods, the Customer indemnifies the Company against all and any damages sustained by the latter arising from the Customer and/or its agents, representatives or subcontractors loading goods onto and unloading goods of the delivery vehicle.
12.3 The Customer shall appoint a representative to oversee the loading and offloading process on behalf of the Customer (“the Representative”) and notify the Company of the identity of the Representative in writing prior to the commencement of the loading process. If so satisfied, the Representative shall sign the Companies “Loading Release Note” at the completion of the loading process confirming that the lodging process was completed to the Customers satisfaction and that no goods were damaged during such process and that all the goods that were required to be loaded were in fact loaded. At the completion of the offloading process, the Representative, if so satisfied, shall sign the Companies “Goods Relocation Note” confirming that the offloading process was completed to the Customers satisfaction and that no goods were damaged during such process and that all the goods that were required to be delivered were in fact delivered and in such event the Customer will be precluded from making any claim against the Company in this regard.
12.4 In the event of the Customer failing to duly appoint the Representative the Customer will be deemed to have accepted that the loading and offloading procedures were properly, securely and professionally completed without any damage to the goods and that all the goods which were required to be delivered were in fact delivered by the Company.
12.5 In respect of the completion of the loading and offloading of the goods, time is not of the essence unless otherwise agreed upon in writing by the parties.
12.6 The Customer shall, in particular, be responsible for;
12.6.1 Obtaining any special forms or documentation that is necessary to effect the relocation of the goods.
12.6.2 Disconnection of any equipment at the loading site and connection of any equipment at the offloading site.
12.6.3 Arranging adequate security as may be required to ensure the safe loading and off-loading of the goods as well as any armed escorts to accompany the delivery vehicle during the transportation.
12.6.4 Ensuring that the floors are of sufficient strength, quality and accessibility to cope with the movement and placement of any goods collected and delivered by the Company.
12.6.5 Furnishing the Company with three working days written notice of goods stored in the Company’s warehouse which the Customer requires to be moved. The Company will however accommodate the Customer at an earlier time where possible.
12.6.6 Refrain from causing the Company to handle any dangerous or hazardous goods.
13 TRANSIT
13.1 Pending conveyance and delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of the Company at the Customers risk and expense, and the Company shall not be liable at common law or otherwise.
13.2 Every undertaking to convey goods is subject to the condition that the Company has available a suitable vehicle or vehicles at the appropriate time.
13.3 In the event of any emergency arising of which the Company has in its opinion, no reasonable control, the Company reserves the right to cancel the agreement to convey and should any such emergency arise during transit, the Company shall have the right to deliver to the nearest reasonable destination or to make use of any reasonable alternative route that is acceptable to the Company.
13.4 In the case of delivery to the nearest reasonable destination the Company shall inform the Customer accordingly, and such delivery shall constitute compliance by the Company with its obligations under the agreement to convey.
13.5 In the absence of specific instructions, it shall be in the entire discretion of the Company to decide at what time to perform any or all of the various acts, which may be necessary for the rendering of the services.
13.6 Goods stored upon the Companies vehicles are so stored at the sole risk of the Customer.
14 FRAGILE GOODS
Notwithstanding anything to the contrary herein contained, the Company shall under no circumstances be liable for any damage or loss to any goods of a fragile nature.
15 DANGEROUS GOODS
If any hazardous goods are placed into the Companies control, such goods may, as the Company in its sole discretion deems fit, be destroyed, disposed of abandoned or rendered harmless or otherwise dealt with at the risk and expense of the Customer and without the Company being liable for any compensation to the Customer or any other party, and without prejudice to the Companies rights to recover its charges and/or fees including the costs of such destruction, disposal, abandonment or rendering harmless or other dealing with the goods. The Customer indemnifies the Company against all penalties, loss, liability or damage caused to the Company as a result of or arising out of the aforegoing. This clause includes all goods that fall within the definition of “hazardous and dangerous goods” in the South African Transport Services Regulations.
16 DISPOSAL OF GOODS
Should any amount owing by the Customer to the Company in respect of any goods become due and payable and remain unpaid, the Company shall be entitled and the Customer hereby authorizes the Company and without first obtaining an order of court, to sell all or any of the goods by public auction or on reasonable notice not exceeding 14 days, by private treaty. The net proceeds of any such sale, after deducting therefrom all costs, charges and expenses incurred by the Company, shall be applied in reduction or discharge as the case may be, of the Customers obligation to the Company in respect of such goods without prejudice to the Companies rights to recover from the Customer any balance which may remain owing to the Company after the exercise of such rights. Should the total amount collected by the Company, after deducting therefrom all costs, charges and expenses incurred by the Company in respect thereof, exceed the full amount of the Customers obligations to the Company in respect of such goods, the Company shall be obliged to refund such excess to the Customer.
17 THE ACCEPTANCE OF DELIVERY
If delivery of any goods is not accepted by the Customer, consignee or party nominated by the Customer at the appropriate time and place then;
17.1 The Company shall be entitled to store the goods or any part thereof at no risk to the Company and at the expense of the Customer.
18 COLLECTION OF EXPENSES AND CASH ON DELIVERY
18.1 When goods are dealt with by the Company and the Company is instructed to collect freight, duties, charges or other expenses from the consignee or any other person, the Customer shall remain responsible therefore if they are not paid by such consignee or any other person immediately when due.
18.2 If accepted by the Company, instructions to collect payment on delivery shall be subject to the condition that the Company will be entitled to assume that the recipient will effect payment and in the matter of such collection will not be liable for any negotiable instrument which is not met on due date for payment. Such payment is collected by the Company at the Customers risk.
19 STORAGE
The Company is able to provide the Customer with warehousing services. Such services shall be rendered subject to acceptance of the Companies quotation by the Customer and the terms stipulated thereon, as well as these terms and conditions to the extent applicable.
20 DUTIES, TAXES, IMPOSTS, LEVIES AND DEPOSITS
The Customer shall be liable for any duties, taxes, imposts, levies, deposits or out-lays of whatsoever nature levied by or payable to the authorities, subcontractors, intermediaries or other parties at any port or place for, or in connection with the goods and weather at the time of entry and/or at any subsequent time and for any other payments, fines, penalties, expenses, loss or damage or whatsoever incurred or sustained by the Company or its servants or agents in connection therewith or arising thereout.
21 PAYMENT BY THE CUSTOMER
21.1 The Company shall charge the Customer the fee as set out in the memorandum of agreement annexed hereto and to recover from the Customer all reasonable additional disbursements, levies, duties, imposts or any other amounts and expenses incurred by the Company in rendering the services and for which the Customer is liable in terms of these terms and conditions.
21.2 Unless otherwise specifically agreed by the Company in writing, the Customer shall pay to the Company on or before due date in accordance with the payment terms agreed upon between the parties and set out in the memorandum of agreement annexed hereto, all sums due to the Company without deductions or set-off, in South African Rand and free of exchange and bank charges by means of cash, bank-guaranteed cheque or EFT and payment shall not be withheld, set off, or deferred on account of any claim or counter claim which the Customer may allege.
21.3 All and any monies received by the Company from the Customer shall be allocated by the Company in its sole and absolute discretion in respect of any indebtedness owing by the Customer to the Company.
21.4 The Customer shall be liable for interest on all overdue amounts payable under this agreement at the rate equal to 4% (four percent) per annum above the prime overdraft rate per annum of the Companies commercial bank from time to time, calculated from the due dates of such amounts until full and final payment.
21.5 Should the Customer believe that the invoice issued is incorrect in any respect, the Customer must notify the Company thereof in writing within 5 (five) days of receipt of the invoice, failing which the invoice would be deemed to be correct in every respect and the Customer will be precluded from raising any objections in respect thereof.
21.6 The Company shall be entitled to recover any amounts due to it by the Customer in terms of these terms and conditions from the Customer, or if the Customer acts as agent for a disclosed or undisclosed principal, from the Customer or the Principal, as the Company in its absolute discretion deems fit.
21.7 In the event of the Company having granted any credit terms or facilities to the Customer weather in writing, verbally, impliedly or by established conduct and practice, which grants the Customer a deferred period of time to effect payment of any amount due to the Company, and in the event of the Customer being in default of payment of any one or more amount due and payable, or being in default of any other term or condition on which such credit facility was granted, then notwithstanding any other term to the contrary where soever contained, the Company shall be entitled to forthwith revoke such credit facilities and declare all amounts immediately due and payable and proceed for recovery of all amounts which would be due and payable to the Company at that time.
21.8 In the event of non-payment of any amount due by the Customer to the Company by due date, the Company shall be entitled to immediately cease the performance of any services to be rendered on behalf of the customer, and the Customer shall have no claim against the Company for any loss, damage or harm, or consequential losses suffered by the Customer as a result thereof.
21.9 In the event that payment to the Company is effected electronically, the Customer bares the risk in respect of such payment until such time as the funds are received and cleared into the Company’s bank account.
22 QUOTATIONS AND ESTIMATES
22.1 The Company shall be entitled at any time by notice to the Customer to cancel or resile from any quote, estimate or agreement in circumstances where it becomes impracticable or uneconomical for the Company to carry out the agreement at the quoted or estimated rate and the Customer shall have no claim whatsoever against the Company for any loss that the Customer might incur as a result of the Company canceling or resiling from the quote, estimate or agreement.
22.2 Without in any way limiting the aforesaid, all quotes and estimates are subject to revision without notice having regard to changes and upward movements in amounts payable by or on behalf of or at the instance of the Company to third parties including, without limitation, fuel prices, freight, surcharges, insurance premiums, equipment rental and labor which charges and upward movements take place after quotation. Any revision of rates of aforesaid will be commensurate with the change in the increase in such amounts payable.
23 LIEN
23.1 All goods and documents relating to goods including bills of lading and import permits, as well as all refunds, repayments, claims and other recoveries, shall be subject to a special and general lien and pledge either for monies due in respect of such goods or for other monies due to the Company from the Customer, sender, owner, consignee, importer or the holder of the bill of lading or their agents.
23.2 In delivering the goods into the custody of the Company or its agents for any purpose whatsoever, such delivery shall for the purposes hereof, be deemed to be delivery of the same in pledge and as security for all amounts owed to the Company at that time or which become payable in the future. In the event of the Company utilizing the services or premises of any third party for any purposes including the transportation or storage of any goods, such third party shall be the agent of the Company for purposes of exercising the Companies right to retention under lien and/or pledge.
24 CLAIMS AGAINST THE COMPANY BY THE CUSTOMER
24.1 The Company in discharged from all liability;
24.1.1 For loss or non-delivery of any separate package forming part of a consignment of goods, or for the loss from a package or an unpacked consignment of goods or for damage or miss-delivery, howsoever caused, unless notice be received in writing within 3 (three) days after the end of the transit.
24.1.2 For loss or non-delivery of the whole of a consignment of goods, howsoever caused, unless notice be received in writing within 7 (seven) days of the date when the whole consignment of goods should have been delivered.
24.1.3 Unless summons is validly served on the Company in respect of the claim concerned within 1 (one) year of the date of the date on which the cause of action in respect thereof arose.
24.2 The Company shall not be bound by any receipt given in good faith by a customer relating to the weight or size of the load or the number of packages or the condition of the goods, if it should be subsequently be shown that such number or condition was wrongly described in the receipt.
24.3 The Company shall not be liable for any loss suffered as a consequence of a fact or state of affairs not discovered by it upon undertaking an inspection of the goods.
24.4 The Company accepts liability for loss or damages to the Customers goods, subject to the following provisions;
24.4.1 The Company will not be liable for any loss or damage to the goods unless the Customer shall establish that such loss or damages was caused by the gross negligence of the Company or any person for whose acts or omissions the Company is by law responsible.
24.4.2 Save as specified below, the liability of the Company shall be limited to a maximum of R1500 (one thousand five hundred rand) per metric tone or to the actual average value per tone whichever is the lesser.
24.4.3 The loss to the Customer shall be ascertained by reference to the cost price to the Customer, provided that the Company shall have the option of replacing or repairing any article lost or damaged for which it might be liable. In the case of second hand plant or machinery, compensation for loss or damage shall be limited to the valuation established by assessors acting on behalf of the Company.
24.4.4 The Company shall not be liable for any cosequential loss resulting from loss of or damage to or delay in making delivery of any goods, the liability of the Company being limited to actual loss of or damage to goods as set out above.
24.5 In the event of an unqualified acceptance of goods being signified by signature, no claim for loss and/or damage to goods will thereafter be entertained by the Company.
25 INDEMNITY BY THE CUSTOMER
Without prejudice to any of the Companies rights under these trading terms and conditions, the Customer indemnifies and holds harmless the Company against all liabilities, damages, costs and expenses whatsoever incurred or suffered by the Company, its directors, servants or agents arising directly or indirectly from or in connection with the Customer’s express or implied instructions or their implementation by or on behalf of or at the instance of the Company in relation to any goods and in respect of any claims of a general or average nature which may be made against the Company by third parties.
26 LIMITATION OF COMPANY’S LIABILITY
26.1 Subject to these terms and conditions the Company shall not be liable for any claim of whatsoever nature (weather in contract or in delict) or whether for damages or otherwise, howsoever arising, unless such claim arises from a grossly negligent act or omission on the part of the Company or its servants, and such claim arises at a time when the goods in question are in the actual custody of the Company and under its actual control.
26.2 The Company, its directors, servants or agents shall not be liable for any indirect or cosequential loss arising from any act or omission or statement by the Company, its agents, servants or nominees, whether negligent or otherwise.
26.3 All moving handling, packing, unpacking, loading, unloading, palletizing, depalletizing, warehousing and transporting of goods by or on behalf of or at the request of the Customer, owner or the Company are effected at the sole risk of the Customer and/or the owner, and the Customer indemnifies the Company, its directors, servants or agents in respect thereof.
27 WARRANTEES AND REPRESENTATIONS BY THE COMPANY
The Company makes no warrantees and representations to the Customer save as many may be specifically provided herein or as notified in writing by the Company to the Customer form time to time.
28 DISPUTES
28.1 In any dispute between the Company and the Customer the Company shall be deemed to have performed its obligations in a proper and workmanlike manner and strictly in accordance with any agreement between it and the Customer, until such time as the Customer proves the contrary.
28.2 The Parties shall be entitled at their option to institute any legal proceedings which may arise out of or in connection with this agreement in any magistrates court having jurisdiction, notwithstanding the fact that the claim or value of the matter in dispute might exceed the jurisdiction of such magistrates court in respect of the cause of action.
28.3 A certificate by any director of the Company as to the principal amount outstanding and the interest thereon shall be prima facie evidence as to the amount outstanding from time to time in respect of any debt due by the Customer to the Company.
28.4 All legal costs incurred by the Company in consequence of the Company taking steps to enforce these terms and conditions and/or instituting legal action against the Customer and/or recovering moneys due by the Customer to the Company shall be recoverable by the Company from the Customer on an attorney and own client basis.
29 DOMICILIUM CITANDI ET EXECUTANDI AND NOTICE
29.1 The Parties hereby choose their physical addresses as set out in the memorandum to which this Schedule is attached as their domicilium citandi et executandi for all purposes under these terms and conditions.
29.2 Any notice to any party shall be addressed to it at its domicilium aforesaid and either be sent by pre paid registered post, delivered by hand or faxed to either of the fax numbers set out in the memorandum hereto, shall be deemed to have been received by the addressee on the seventh day after posting it if sent by prepaid registered mail or on the date of delivery if delivered by hand or on the date of faxing, if faxed.
30 THE VARIATION OF THESE TERMS AND CONDITIONS
No variations of these terms and conditions shall be binding on the Company unless embodied in a written document signed by a duly authorized person from the Company.
31 NON WAIVER
No extension of time or waiver or relaxation of any of these terms and conditions shall operate as anestoppel against any party in respect of its rights under these terms and conditions, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these terms and conditions, unless reduced to writing and signed by the parties.
Signed for and on behalf of the Customer at _____________________________________________ on this _________day of _________________
The signatory appends his/her signature hereto, guarantees his/her authority to act on behalf of the Customer and declares that the Customer
shall be bound in these terms and conditions.
_______________________ _________________________
Signature (Customer) Witness
___________________________ __________________________
Name of the signatory in print Witness
