Wholesale Terms & Conditions
1.1. All the information in this application is true, correct and up to date;
1.2. I am a director/partner/member/authorised representative of the client;
1.3. I am duly authorised to seek credit facilities for the client and to pledge the client’s credit;
1.4. I am duly authorised generally to represent and to act for and bind the client;
1.5. I agree that I have read and understood all contents of the above and agree to be bound by them;
1.6. I agree that this application is subject to Mountain Falls Estate (Pty) Limited (‘’Mountain Falls”) standard Terms and Conditions and I hereby agree to and accept these terms. Alternatively, and where applicable, I agree to be bound by the terms and conditions applicable to the specific contract entered into with Mountain Falls.
2. The client undertakes to:
2.1. Make payments for all transactions within the agreed trading terms and into the correct bank account as
provided in the invoice. Should the client fail to use the correct banking details they will remain liable for the amounts owing to Mountain Falls;
2.2. Pay interest at the then current maximum bank overdraft rate on all amounts outstanding passed due date, calculated from date of delivery;
2.3. Be liable for all legal costs and collection costs that may be incurred should it be necessary for legal action to be taken for the recovery of any amounts owing.
3. The client acknowledges that:
3.1. A delivery note signed by or on behalf of the Buyer constitutes prima facile (on the face of it) proof that the goods have been delivered to and received by the Buyer in good order and condition;
3.2. Mountain Falls will suspend supply should the Buyer be in arrears with any payment, this without notice and without prejudice to our right to claim compensation;
3.3. In the event that credit facilities are granted, it will
be on the basis of the information made available in this application form;
3.4. Whether or not the information made available in
this document is true and correct, it shall nevertheless be deemed to be true and correct in all respects;
3.5. In the event of any information made available in this document proving to be inaccurate or incorrect, no further credit facilities will be allowed. Mountain Falls Estate will forthwith be entitled to institute recovery proceedings for any or all sums owing by the client arising out of the facilities already given.
4. The client agrees that Mountain Falls may:
4.1. Perform a credit search on the client’s record with a registered credit bureaux when assessing the client’s application for credit;
4.2. Monitor the client’s credit worthiness from time to time throughout the term of the contract;
4.3. Use such information received from the credit bureaux in respect of this and any future credit applications;
4.4. Record the existence of the client’s account with any credit bureaux, thus recording and transmitting information about the conduct of the client on the account;
5. Governing law and jurisdiction
5.1. This agreement shall be deemed to have been
entered into in South Africa and shall be governed by and interpreted in accordance with laws in South Africa.
5.2. The parties consent to the jurisdiction of the Magistrate’s Court having the jurisdiction in connection with all legal proceedings arising herefrom.
5.3. The client will be liable for all legal costs on the scale as between attorney and own client that may be incurred should it be necessary for legal action to be taken in terms of this agreement.
6. The above information is warranted true in all particulars and is the basis of our agreement. The approval and establishment of this account is not automatic but is subject to confirmation by management.
PLEASE NOTE: All goods purchased and reflected on all invoices remain the sole property of Mountain Falls until they have been paid for in full. Mountain Falls reserves the right to uplift any goods not paid for in full.