1.   Parties

The parties to this agreement are:

1.1 The customer, as indicated in the personal / company details on the order form and/or invoice of Pacific Steel CC and any agent acting on behalf of the customer.
1.2 Pacific Steel CC (CK number 2006/003621/23), hereinafter referred to as Pacific.

2.   Domicilium and notices

Any communication addressed by Pacific to the customer’s chosen domicilium and sent by ordinary post shall be deemed to have been received and effectively communicated to the customer three days following the date of posting thereof, provided that:

2.1 nothing aforesaid shall preclude or inhibit communication between the parties otherwise than by means of post.
2.2 a telefax or e-mail message shall be deemed to be received and effectively communicated to the customer on the first business day after the date of transmission thereof.

3.   Statement of account

3.1 The contents of any statement of account rendered by Pacific to the customer shall be deemed to be true and correct, unless disputed in writing, and received by Pacific within thirty days after the date of submission of the statement to the customer’s domicilium.
3.2 Payment shall be made by the customer, free of exchange and bank charges without deduction or set off, to Pacific at it’s nominated address or bank account.
3.3 Unless otherwise specifically agreed by Pacific in writing, the customer shall pay to Pacific in cash immediately upon presentation of account without deduction or set-off and payments shall not be withheld or deferred on account of any claim or counterclaim which the customer may allege.

4.   Conditions of payment

4.1 Pacific reserves the right, at any time, to discontinue any account and summarily to cancel any credit facilities granted. In the event of these rights being exercised, all amounts owing shall immediately become due and payable on demand.
4.2 In the event of Pacific referring any dispute between it and the customer or any amount due for collection from the customer to it, to its attorneys, the customer shall be liable to and hereby indemnifies Pacific against all costs, charges and expenses incurred as between attorney and own client and such indemnity shall extend to and include collection commission as may be lawfully charged to Pacific by its attorneys.

5.   Interest

Overdue amounts owing by the customer to Pacific shall bear compound monthly interest at a rate equivalent to 4% per annum above prime overdraft rate charged by Pacific’s bankers from time to time as from the due date until the date of payment.

6.   Applicable legislation

If any of the terms of these standard terms and conditions is repugnant or in conflict of the law, then and in such event the conflicting terms embodied herein shall be deemed to be amended and/or altered to conform therewith, and such amendment and/or alteration shall not in any way affect the remaining provisions of these standard terms and conditions.

7.   Terms of contract

These terms and conditions shall apply to all business undertaken by Pacific, including any advise, information or service provided, whether gratuitously or not by Pacific, and shall be deemed to be incorporated in any agreement concluded between Pacific and the customer.

8.   Discretion

In the absence of specific instructions given timeously in writing by the customer to Pacific:
8.1 It shall be in the reasonable discretion of Pacific to decide at what time to perform or to procure the performance of any or all of the acts which may be necessary or requisite for the discharge of its obligations to the customer.
8.2 Pacific shall have an absolute discretion to determine the means, route and procedure to be followed by it in performing all or any of the acts or services it has agreed to perform.

9.   Customer’s undertaking, authority and risk

The customer warrants that:

9.1 It is either the owner or the authorized agent of the business in respect of which the customer instructs Pacific and that each person is bound by these standard terms and conditions;
9.2 In authorizing the customer to enter into any contract with Pacific and/or accepting any document issued by Pacific in connection with such contract, the owner is bound by these standard terms and conditions for itself and its agents and for any party on whose behalf it or its agent may act, and in particular, but without prejudice to the generality of the aforegoing, it accepts that Pacific have the right to enforce against them jointly and severally any liability of the customer under these standard terms and conditions or to recover from them any sums to be paid by the customer which upon proper demand has not been paid.
9.3 On signature of the delivery note by the customer or its representative, any and all risk of damage and/or destruction to the goods delivered to the customer on its premises will be for the account of the customer.

10. Recovery of debt

Pacific shall be entitled to recover any amounts due by the customer in respect of goods delivered to the customer and received by the customer, its agent, representative or employee as Pacific in its absolute discretion deems fit.

11. Quotations

Pacific shall be entitled at any time by notice to the customer to cancel or resile from any quotation or agreement in circumstances where it becomes impractical or uneconomical for Pacific to carry out the contract at the quoted rate and the customer shall have no claim whatsoever against Pacific for any loss that the customer might incur as a result of Pacific cancelling or resiling from the quotation or agreement.

12. Variation

No variation or alteration of these standard terms and conditions shall be binding on Pacific unless embodied in a written document signed by a duly authorized member of Pacific. Any purported variation or alteration of these standard terms and conditions otherwise than as set out above shall be of no force and effect, whether such purported variation or alteration is written or oral, or takes place before or after the receipt of these terms and conditions by the customer.

13. Non waiver

No extension of time or waiver or relaxation of any of the standard terms and conditions shall operate as an estoppel against any party in respect of its rights under these standard terms and conditions, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these standard terms and conditions.

14. Governing law

These standard terms and conditions and all agreements entered into between Pacific and the customer shall be governed by and construed in accordance with the laws of the Republic of South Africa.

15. Jurisdiction

Both parties irrevocably consent to the jurisdiction of the High Court of South Africa, Cape Town division.

16. Warranties and representations

Pacific makes no warranties and representations to the customer save as may be specifically provided herein or as notified in writing by Pacific to the customer from time to time.

17. Severability

If any provision of these terms and conditions is unenforceable, Pacific shall be entitled to elect at any time that such provision be severed from the remaining provisions of these terms and conditions which shall not be affected and shall remain of full force and effect.