1. GENERAL: All orders accepted, and all tenders made by LUNARPRO CC  (PROPRIETARY) LIMITED (“the company”) are made and accepted upon the following terms and conditions. Any order given to the Company, or the acceptance of the Company’s tender, shall be deemed to constitute and agreement to be bound by such terms and conditions. Any stipulation or condition contained in any of these conditions, or which in any way purports to quantity or negate any of them, shall not be applicable.

1. PERIOD FOR ACCEPTANCE OF TENDER: Any tender made by the Company may be withdrawn at any time before acceptance. If not accepted within one month from the date thereof, the tender shall be deemed to have been withdrawn.

1. DRAWINGS AND SPECIFICATIONS: All the information contained in any specifications, drawing and catalogue (or which accompanies or forms part of any tender made by the Company), is subject to alteration at any time without prior notice and the Company will not be liable for any inaccuracies in any drawings, specifications or other information supplied by the user, and the Company shall not be liable for any defects or happenings arising out such faulty information.

1. PRICE VARIATION: This tender is based on the freight, insurance, import duty, V.A.T. and exchange rates ruling on the date of quotation, and in the event of any alteration thereto before delivery of the goods, any increase or decrease as the case may be, will be added to or subtracted from the contract price. A certificate by the Company’s auditors as to the amount of any adjustments shall be final and binding.

1. TERMS OF PAYMENT: Payment of any goods delivered by the Company shall be made at the nett invoice price without deduction of any discount within 30 days after the end of the month of delivery, or alternatively under such terms as are specified in the invoice, and all overdue amounts shall bear interest at 2% per months. If at any time the terms of payment are exceeded, the Company reserves the right to cancel any outstanding or uncompleted orders, and all expenses incurred thereby shall be for the Purchaser’s account.

1. RESERVATION OF OWNERSHIP: Notwithstanding delivery to the Purchaser, all goods sold by the Company shall remain the Company’s sole property until payment in full therefore has been made by the Purchaser.

1. RISK: The risk of loss or damage to the goods shall pass to the Purchaser from the time when delivery has taken place in terms of the contract between the Company and the Purchaser, and the Company shall not be responsible for any loss or damage to the goods beyond the point of delivery.

1. DELIVERY: The period of time stated by the Company for delivery of goods or tendered for is to be measured from the date the Company received a written order to proceed together with all the information necessary to enable the Company to put the work in hand and to deliver the goods. The Company will not be responsible or accountable for any delay occasioned by any cause outside its control but shall be allowed a corresponding extension of time. In particular, but without limitation, the Company will not be responsible or accountable for any delay occasioned by strike, lock-out, war, fire, ice, accident (wherever any of the said causes shall occur), defective material, or any failure on the part of any supplier to make delivery. Should the Company be prevented from delivering any goods especially manufactured by reason of any of the aid causes, the Purchaser shall take goods as the Company is able to deliver and shall pay for the same at the agreed prices.

1. GOODS RETURN POLICY: Goods will only be accepted for credit under the following conditions: (a) The goods have not been used, mounted, or tested in any way or form, (b) The goods are in the original packaging, and were purchased less than three (3) months prior to return, (c) Positive proof of purchase is provided, A standard 15% of the purchase price will be levied on goods accepted for return as a handling fee, provided all 3 conditions are met. The said handling fee will be subject to a minimum charge of R150.00. Should the Company accept, the Companies discretion, returns that do not comply to all 3 conditions, a handling fee of 70% will be levied. Nonstandard, or customer specific (configurable), LUNARPRO CC  goods will only be accepted if above 3 conditions are met and will be subject to a 70% handling fee. No buy-out items or incomplete rolls of tubing will be accepted for credit. Dealers may not return fittings and/or tubing for credit.

1. GUARANTEE OF PRODUCTS NOT MANUFACTURED: The Company will use its best endeavours to pass to the Purchaser the benefit (with the corresponding liabilities) of any guarantee received by the Company from the supplier of goods not manufactured by the Company. Nothing herein contained shall impose upon the Company a greater liability than would be imposed by its own guarantee set out above, not shall the Company have any obligation to enforce that guarantee by litigation or other proceedings.

1. EXCLUSION OF LIABILITY: It is expressly agreed that the Company shall not be liable for any damage, loss, injury, or expenses of any sort or kind caused directly or indirectly to any person or property by any goods sold or delivered by the Company or arising from the use thereof; and all such liability, whether general, special, consequential or otherwise, arising out of or due to any of the acts, omissions, negligence or wilful default of the Company or its servants, whether at common law, by statue or otherwise, and whether arising from any condition, representation or warranty (express or implied) relating to the goods sold or delivered is expressly excluded.

1. ERECTION AND ANSTALLATION: Any erection or installation included in the tender, unless otherwise arranged, shall be performed by the Company on condition that the Purchaser provides suitable foundations and structures ready and free for use when required, with satisfactory means of access to the site. If the Company is prevented from proceeding with the work by circumstances beyond its control, and the Company’s workmen are required to be sent back to complete the work, a charge will be made by the Company to cover additional expenses incurred. If the terms for erection and installation provide only for work by the Company’s skilled men, all necessary and adequate unskilled labour and tackle shall be provided free of cost by the Purchaser as and when required, but such labour shall at all times be deemed to remain in the employ of the Purchaser and the Purchaser undertakes all liability in respect of claims made under the Workmen’s Compensation Act. It is also the responsibility of the Purchaser to provide electricity and compressed air for the purpose of any erection or installation.

1. PATENTS: The Purchaser shall have no claim of whatsoever nature against the Company arising out or flowing from any damaged suffered by the Purchaser as a result of any patent or trade mark relating to any of the goods sold being infringed, cancelled, breached or otherwise set aside of declared invalid.

1. RIGHT OF CANCELLATION: The Company shall have the right to cancel this contract by written notice to the Purchaser in the event that the Purchaser is placed under provisional or final liquidation, judicial management or sequestration or commits any act of insolvency as defined in the Insolvency Act or ceases to carry on business.

1. LEGAL CONSTRUCTION: No alteration of the above conditions shall be binding on the Company unless agreed thereto by the Company in writing. These conditions and every contract in which they are incorporated, shall be governed by and construed in accordance with the laws of the Republic of South Africa.

1. NOTICES:

The Customer nominated its physical address as reflected in the Application for Credit Facilities as its domicilium citandi et executandi for service upon it of all notices and processes in connection with any claim for any amount due to LUNARPRO CC  arising out of the credit granted to it by LUNARPRO CC .

The Customer will be liable for all expenses incurred by LUNARPRO CC  in exercising any rights arising out of breach of the Customer’s obligations in terms hereof, including legal charges between attorney and client, collection charges, tracing fees and costs associated with issuing letters of demand, which costs shall be payable whether LUNARPRO CC  has instructed its Attorney to issue summons or not.

The Customer consents to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrates Court Act No. 32 of 1994 (as amended) having the jurisdiction under Section 28 of the said Act, notwithstanding that the claim by LUNARPRO CC  exceeds the normal jurisdiction of the Magistrate’s  Court as to amount. LUNARPRO CC  may institute proceedings, notwithstanding the foregoing consent in any other court of competent jurisdiction, at its own discretion.

Any items of any nature whatsoever that are left by the Customer at the premises of LUNARPRO CC  shall be completely left at the risk of the Customer and LUNARPRO CC  shall not be required to retain such items or care for same in any manner whatsoever. It is specifically agreed that the Customer may not attempt to apply set-off between itself and LUNARPRO CC  in respect of such items or at all. However, LUNARPRO CC  shall retain the right to dispose of such items, without notice to the Customer, to set-off any amounts owed by the Customer to LUNARPRO CC . In this regard the Customer waives any rights to object to such sale willing from Parte Executi. In addition, LUNARPRO CC  reserves the right to charge a rental fee and/or handling fee or similar for any items that are left by the Customer at the premises of LUNARPRO CC . Such fee will be at LUNARPRO CC  discretion.