Terms and Conditions of Sale

Rocket Works (Pty) Ltd Terms and Conditions of Sale

1. PAYMENT

a) The customer shall make payment for all goods purchased from the supplier on a C.O.D. basis unless prior contractual arrangements have

been made.

b) In the event of the Customer failing to make payment on due date, the Customer shall be liable to the Supplier for interest at the rate of 2% per

annum above the ruling prime overdraft rate charged by the First National Bank Ltd on the unpaid amount. Such interest shall be calculated from

the date of purchase to date of payment.

c) All payments due by the Customer shall be made without demand or deduction for any reason whatsoever.

d) Notwithstanding any prior dealings between the Supplier and the customer, all documents and other matter including cash, cheques, bank

drafts or remittances sent to the supplier through the post shall be deemed not to have been received by the supplier unless or until they are

actually delivered into the possession of the supplier by the postal authorities or paced in the supplier’s post office box if so addressed. In the

event of any dispute arising the onus shall be on the customer to prove delivery and the mere proof of posting shall not constitute discharge of

this onus of given rise to any inference of receipt by the supplier.

2. JURISDICTION

The customer hereby consents in terms of Section 45 of Act 32 of 1944, or any amendment thereof, to the jurisdiction of the Magistrate’s Court in

any district having jurisdiction over the Supplier in terms of Section 28 of the aforesaid Act in respect of any claim arising between the Supplier

and the Customer notwithstanding the amount thereof. The supplier, shall however, have the right, not withstanding the afore going consent to

institute proceedings, at its discretion, against the Customer in any other court of competent jurisdiction.

3. DOMICILIUM

The Customer hereby appoints its address as it appears on the invoice as its domicilium citandi et executandi for service upon it of all notices

and processes in connection of any claim for any such due to the Supplier relating to goods sold by the Supplier to the Customer.

4. CERTIFICATE

A certificate by a director of the Supplier reflecting the amount due and owing by the customer to the Supplier in respect of capital and interest

shall be sufficient and satisfactory prima facie proof of the facts therein stated for the purposes of all legal proceedings against the Customer for

the recovery of the said amount.

5. GUARANTEE

The supplier hereby guarantees that all products manufactured by us are free from any defects. The Supplier agrees however, to replace, free of

charge, any materials supplied, where such replacement becomes necessary as a sole and direct result of inherent defect in the basic materials

in the product. This guarantee does not cover damage resulting from incorrect, inadequate or negligent application of the goods. Supplier shall

not be liable to any other extent than the replacement of the defective material. This guarantee covers the full extent of liability, no other

guarantees being expressed or implied. The Supplier required the Customer to adhere strictly to its claims procedure.

6. CLAIMS PROCEDURE :- The Supplier requires proof of Customer’s invoice indicating date of fitment, the Customer’s name, current address and

telephone number, the reason for replacement of defective goods, and the defective goods are to be made available to the Supplier for collection

and or inspection.

7. DELIVERY: Any exterior damage to sealed cartons must be notified to the Company in writing by a responsible employee at the time of delivery,

otherwise the Company will not hold itself responsible for such damage.

7.1. All goods shall be examined on receipt by the Customer and no claim for shortages or for damaged goods will be entertained by the

Seller unless such shortage or damage is noted by the Customer on the Seller’s copy of the delivery note and unless a claim is submitted

to the Seller in writing within seven days of the receipt of the goods. Goods may not be returned without the written consent of the Seller.

7.2. The Customer shall not be entitled to cancel the contract by reason of any delay howsoever caused.

7.3 Delivery charges and insurance are the responsibility of the Customer unless otherwise arranged.

8. LEGAL CHARGES

In the event of the Supplier engaging the services of an attorney to collect any amount from the Customer which has fallen due for the payment

of such attorneys charges on an attorney and own client basis and shall be further liable for all collection charges which may be lawfully made by

the Supplier’s attorneys.

9. NOVATION

In the event of the Supplier concluding any arrangement with the Customer for the payment of any monies owing by the Customer to the

Supplier, such payment shall not constitute a novation and shall not prevent the Supplier from instituting legal proceedings to recover any monies

owing to it by the Customer. Any such payment arrangement shall be entirely without prejudice to the Supplier’s rights to institute legal

proceedings against the Customer for all the monies owing by the Customer to the Supplier.

9. CONSEQUENTIAL LOSS

The Customer hereby agrees the Supplier shall not be liable for any consequential loss or contingent liability whatsoever which the Customer

might suffer as the result of any alleged defects in the goods sold by the Supplier to the Customer or in respect of any work performed by the

Supplier on behalf of the Customer.

10. AUTHORISATION

In the event of the Customer being a partnership, or a Close Corporation, the signatory on behalf of the partnership or Close Corporation hereby

warrants that he is duly authorised to accept these terms and conditions.

11. PARTNERSHIP

In the event of the Customer being a partnership, the individual partners shall agree that all partners shall be jointly and severally liable for

payment of all amounts due to the Customer by the Supplier. The partners further agree that their liability to the Supplier shall be unaffected by

any dissolution of the partnership in respect of any goods sold and delivered after such dissolution unless a written notice advising the Supplier

of such dissolution has been duly delivered to the Supplier.

12. LIMITED LIABILITY COMPANY

In the event of the Customer being a limited liability Company, the signatory on behalf of such Company hereby warrants that he is duly

authorised to conclude this contract with the Supplier and to accept these terms and conditions. Such signatory hereby, by his signature on

the face hereof, interposes and binds himself as surety for and co-principal debtor with the Customer for the due and punctual payment by the

Customer of any amount which is now and / or may hereafter of any time and from time to time be or become due by the Customer to the

Supplier.

13. CREDIT: The Supplier shall be entitled, at any time, to withdraw credit facilities extended to the Customer without notice.

14. ENTIRE AGREEMENT

The terms and conditions contained herein shall constitute the entire agreement between the Supplier and the Customer and the Supplier shall

not be bound by any terms or conditions contained in order form or similar document issued by the Customer and no variation to the terms

hereof shall be valid unless reduced to writing and signed by both the Supplier and the Customer.

16. OWNERSHIP

Ownership in any goods sold by the Supplier to the Customer shall remain vested in the supplier until payment in respect of such goods has

been made in full.

17. RISK: Risk in and to the goods shall pass to the Customer upon delivery or delivery to its agent.

PLEASE NOTE THE ABOVE STANDARD TRADING CONDITIONS ARE NOT NEGOTIABLE