Applicable to the Wipe-it Group trading companies
SUPPLIER
“SUPPLIER” means the specific company within the Wipe-it Group that grants the credit facility, accepts an order, supplies goods or services, or issues the relevant quotation, invoice or statement to the PURCHASER/APPLICANT.
Granting of Credit Facility
The decision whether to grant credit to the PURCHASER/APPLICANT shall be at the sole discretion of the SUPPLIER.
No credit agreement shall be concluded until the SUPPLIER has communicated its acceptance of the credit application to the PURCHASER/APPLICANT, either orally or in writing.
All credit facilities shall be subject to these terms and conditions unless otherwise agreed in writing and signed by the SUPPLIER and the PURCHASER/APPLICANT.
Granting of Credit Facility:
The decision whether or not to grant credit to the PURCHASER/APPLICANT is in the sole discretion of the supplier. A credit agreement between the PURCHASER/APPLICANT and the supplier will not have been concluded until the supplier has communicated its acceptance of this credit application to the PURCHASER/APPLICANT, which acceptance (or rejection, as the case may be) shall be communicated either orally or in writing. All credit facilities shall be subject to the terms and conditions of this credit application form, unless otherwise agreed to in writing and signed by both parties.
Payment Terms
Payment shall be made strictly within 30 days from the date of statement and no later than the last day of the applicable month. No settlement discount shall be granted unless agreed to in writing by the SUPPLIER.
Payment Terms for Special Orders or Sizes
All amounts relating to specially manufactured products, special orders or non-standard sizes shall be paid in full before manufacturing commences or delivery takes place, unless otherwise agreed in writing by the SUPPLIER.
Overdue Accounts
Interest may be charged on overdue amounts at the maximum rate permitted by law from time to time, without further notice and without prejudice to any other rights available to the SUPPLIER.
The PURCHASER/APPLICANT shall not be entitled to rely on the benefit of the exceptio non causa debiti.
Damaged or Defective Goods and Shortages
Claims relating to damaged or defective goods, delivery shortages or discrepancies will only be considered if the SUPPLIER receives written notification within 10 days from the date of delivery.
Ownership of Unpaid Goods
Ownership of all goods supplied shall remain vested in the SUPPLIER until the purchase price and all other amounts owing in respect of those goods have been paid in full.
Risk in the goods shall pass to the PURCHASER/APPLICANT upon delivery, unless otherwise agreed in writing.
Cancellation or Withdrawal of Credit
The SUPPLIER reserves the right, at any time and without prior notice, to cancel, withdraw, suspend, vary or amend any credit facility granted to the PURCHASER/APPLICANT.
If a credit facility is cancelled, withdrawn or suspended, all amounts owing by the PURCHASER/APPLICANT to the SUPPLIER shall immediately become due, owing and payable.
Jurisdiction
The PURCHASER/APPLICANT consents, in terms of section 45 of the Magistrates’ Courts Act 32 of 1944, as amended, to the jurisdiction of the Magistrates’ Court in respect of any proceedings arising from this agreement or relating to the recovery of any amount owing.
The SUPPLIER shall, however, retain the right to institute proceedings in any other court having jurisdiction.
Costs
The PURCHASER/APPLICANT agrees to pay all legal costs incurred by the SUPPLIER in recovering any amount owing or enforcing any provision of this agreement, on the attorney-and-client scale, including collection commission and tracing costs where legally permissible.
To the extent permitted by law, the PURCHASER/APPLICANT waives any right to require the SUPPLIER to provide security for costs.
Warranties and Verification of Information
The PURCHASER/APPLICANT warrants that all information provided in the credit application is true, complete and correct.
The PURCHASER/APPLICANT authorises the SUPPLIER, subject to applicable law, to take reasonable steps to verify the information and to obtain any credit-related information reasonably required to assess, administer or enforce the credit facility.
Authority and Suretyship
Any person signing this agreement on behalf of the PURCHASER/APPLICANT warrants that they are duly authorised to do so.
In addition, by signing this agreement, that person binds themselves in favour of the SUPPLIER as surety and co-principal debtor, jointly and severally with the PURCHASER/APPLICANT, for the proper and punctual performance of all obligations owed by the PURCHASER/APPLICANT to the SUPPLIER under or arising from this agreement.
The surety renounces the benefits of excussion and division, the meaning and effect of which the surety acknowledges that they understand.
The suretyship shall commence on the date of signature and shall remain in force until all obligations owing to the SUPPLIER have been discharged in full or the suretyship has been terminated in writing by the SUPPLIER.
THE WIPE-IT GROUP
For purposes of these terms and conditions, “Wipe-it Group” means, collectively:
- Wipe-it (Pty) Ltd, registration number 2023/966869/07;
- Wipe-it Cape Town (Pty) Ltd;
- Wipe-it KZN (Pty) Ltd;
- Wipe-it National (Pty) Ltd;
- Supertowel (Pty) Ltd; and
- any of their respective holding, subsidiary, associated or affiliated companies, successors in title and permitted assigns.