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Credit Application Form

Documents Required for Credit Application

Please Tick all that match atteched documents.

Please Tick all that match atteched documents.

ACCOUNT APPLICATION

1. GENERAL INFORMATION

Is the applicant a registered company (CC, Company or Trust)?

Is the applicant a registered company (CC, Company or Trust)?

Is the applicant the sole owner of the property/proceeds?

Is the applicant the sole owner of the property/proceeds?

Any adverse listings on ITC or any other credit bureau?

Any adverse listings on ITC or any other credit bureau?

Has your business been in operation for longer than 2 years?

Has your business been in operation for longer than 2 years?

Does your business have an annual turnover of R 1 Million or higher?

Does your business have an annual turnover of R 1 Million or higher?

Do you have fixed property or other assets that can act as security?

Do you have fixed property or other assets that can act as security?

Does your company have a turnover above R 2 Million per annum?

Does your company have a turnover above R 2 Million per annum?

Do you have up to date financials?

Do you have up to date financials?

Is the company currently operating as a going concern?

Is the company currently operating as a going concern?

Is the company solvent or facing any insolvency proceedings?

Is the company solvent or facing any insolvency proceedings?

The Applicant, outlined in (A) and (B) below collectively, hereby requests to purchase Goods ( for the supply and delivery of goods on account )

Between

OIL SHOPPE GAUTENG (PTY) LTD
Registration Number: 2018/227353/07 ( hereinafter "OSG" )

And

2. (A) APPLICANT

Surname:

Initials :

Full Names :

ID Number :

Residential Address :

Untitled multiple choice field

Postal Address :

Mobile :

Office Tel :

Office Fax :

E-Mail :

Married?:

How long have you lived at current address?

3. SPOUSE INFORMATION ( If Married COP )

Surname :

Initials :

Full Names :

ID Number :

4. PERSONAL BANK DETAILS

Bank Name :

Branch :

Code :

Account Number :

Account Name :

Monthly Drawing :

5. (B) BUSINESS DETAILS

Registered Name :

Trading Name :

Reg No :

VAT No :

Operating Address :

Mobile :

Office Tel :

Office Fax :

E-Mail :

Website :

How long have you worked at current address? :

Monthly Turn Over of Business :

Product and or Service you sell
(attach pamphlet/brochure) :

How regularly do you receive payments?

How regularly do you receive payments?

How do you receive income? And % :

Cash

Debit Order

Cash

Dentors Book

Card

Other

Number of Staff :

List of Directors :

Initials & Surname :

ID Number :

Shareholders :

Name :

Reg/ID Number :

( Collectively "The Client" )

6. ACCOUNTANTS/AUDITORS DETAILS

Firm Name :

Contact Person :

How long have you been with this firm :

Mobile :

E-Mail :

Office Tel :

Office Fax :

6. LANDLORD DETAILS

Firm Name :

Contact Person :

How long have you been with this firm :

Mobile :

E-Mail :

Office Tel :

Office Fax :

Monthly Rent (Excl. VAT) :

Is Rental In arrears?

Is Rental In arrears?

7. BUSINESS BANK DETAILS

Bank Name :

Branch :

Code :

Account Number :

Account Name :

8. THE TRANSACTION/PURPOSE OF LOAN/WHAT WILL LOAN BE USED FOR

Credit Limit :

Envisaged Period (standard 30 days Statement) :

9. TRADE REFERENCES

REFERENCE 1

Company Name :

Contact Person :

How long have you been on account?

Mobile :

E-Mail :

Office Tel :

Office Fax :

REFERENCE 2

Company Name :

Contact Person :

How long have you been on account?

Mobile :

E-Mail :

Office Tel :

Office Fax :

REFERENCE 3

Company Name :

Contact Person :

How long have you been on account?

Mobile :

E-Mail :

Office Tel :

Office Fax :

REFERENCE 4

Company Name :

Contact Person :

How long have you been on account?

Mobile :

E-Mail :

Office Tel :

Office Fax :

REFERENCE 5

Company Name :

Contact Person :

How long have you been on account?

Mobile :

E-Mail :

Office Tel :

Office Fax :

9. TERMS AND CONDITIONS

1) The Applicant hereby warrants that he is duly mandated by the Business to approach The
Oil Shoppe Gauteng to apply for credit terms with them.
2) The Applicant further acknowledges that the information in this document, and all
representations towards the business’s financial status and capability is true and correct.
3) The Applicant hereby warrants that the Company is in a stable financial position in that it
will be able to make the required payments on the said account.
4) The Applicant hereby warrants that he has reviewed the Credit Agreement and its
Annexures and have duly approached legal representation if any of the terms is unclear.
The Applicant further acknowledges that he completes this form and potential credit
agreements our of his free will and in good faith.
5) I further authorise and instruct The Oil Shoppe Gauteng, it’s associates, financiers and
relevant staff to perform a credit check on the applicant, contact references and/or take
any such action required by them to ascertain my credit worthiness as well as sharing any
relevant information with a credit bureau.
6) The Applicant do hereby acknowledge and agree that by attaching his signature hereto I
bind myself in accordance with the terms and conditions Agreement as surety and co-
principal debtor in solidum with the debtor in favour of the creditor for the due payment
by the debtor of all amounts which may now or at any time hereafter become payable by
the debtor to the creditor.
This Application is thus signed at
On this Date :

Signature :

Full Name :
I undertake to provide the following documents prior to my account opening to empower OSG to complete its financial due diligence.

10. DOCUMENT CHECK LIST

Confirmation from Auditor turnover exceeds 1 Million Rand P/A

Confirmation from Auditor turnover exceeds 1 Million Rand P/A

Last audited or SARS submitted financials

Last audited or SARS submitted financials

Up to date management accounts

Up to date management accounts

Personal Assets & Liabilities Questionnaire

Personal Assets & Liabilities Questionnaire

Copy of Directors ID Documents

Copy of Directors ID Documents

Copy of Company Docs/Trust Deed/CK Documents

Copy of Company Docs/Trust Deed/CK Documents

Valuation/Information of Asset (if asset is provided as security)

Valuation/Information of Asset (if asset is provided as security)

1. Preamble

1.1. This Contract for the Supply and Delivery of Products on account (“Contract”) by OSG to
the Client and is entered into between the Parties at the request of The Client.
1.2. OSG hereby agrees to provide The Client with Lubricants products as fully explained in
attached Annexure A in accordance with the terms and conditions of this Contract and its
Annexes, which forms an integral part of this Contract.
1.3. The Products to be provided by OSG to The Client is intended for re-sale by The Client in
accordance to the terms of this agreement and any rules, policies and guidelines provided
by OSG and/or the trademark owner.

2. Interpretation

2.1. In this agreement, unless inconsistent with or otherwise indicated by the context –
2.1.1 “the/this agreement” means the agreement contained in its Annexes;“business day”
means a day which is not a Saturday, Sunday or official public holiday in the Republic of
South Africa;
2.1.3 “The Goods” means the actual lubricant products, as further outlined in Annexure A, which
may be amended by OSG from time to time and all Incidental Products and Services
provided and/or delivered to The Client by OSG;
2.1.4 “The price” means the price for the supply and delivery of the Goods and any Incidental
Products/Services under this Contract will be as outlined in the invoice sent by OSG to
The Client.
2.1.5 “effective date” means the effective date as set out in the Annexes;
2.1.6 “including” (or words of similar meaning) means to include without limitation, and if the
expression is used with reference to specific examples the “eiusdem generis” rule shall
not apply;
2.1.7 “law” means any law of general application and includes the common law and any statute,
constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other
enactment of legislative measure of government (including local and provincial
government) statutory or regulatory body which has the force of law;
2.1.8 “parties” means the OSG and the The Client;
2.1.9 “The Client” means the Applicant and The Business as outlined above;
2.1.10 “payable goods” means a delivered products and services as well as incidental products
and services, which once delivered by the OSG to the Client, shall be payable to OSG by
the Client. 2.1.11 “person” means any person, company, close corporation, trust, partnership or other entity
whether or not having separate legal personality;
2.1.12 “Annexes” means the Annexes attached hereto which is an integral part of this agreement;
2.1.13 “signature date” means (or words of similar meaning) in relation to this agreement or any
other document means the date on which this agreement or other document (as the case
may be) is signed by the party signing it last in time;
2.1.14 “termination date” means the date upon which both OSG and the Client agree to cease
this agreement by written agreement and/or as outlined in Clause X herein; \
2.1.15 “writing” (or words of similar meaning) means legible writing and in English and includes
any form of electronic communication contemplated in the Electronic Communications
and Transactions Act, 25 of 2002.
2.2 Any reference to –
2.2.1 the singular includes the plural and vice versa;
2.2.2 natural persons includes juristic persons and vice versa;
2.2.3 any one sex or gender includes the other sexes or genders, as the case may be;
2.2.4 any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or
any other enactment or legislative measure of government (including local or provincial
government) statutory or regulatory body which has the force of law means the relevant
enactment or legislative measure as at the date of signature of this agreement and as
amended or re-enacted from time to time;
2.2.5 a party includes a reference to that party’s successors in title and assigns allowed at law.
2.3 The clause headings in this agreement have been inserted for convenience only and shall
not be considered in its interpretation.
2.4 Words and expressions defined in any sub-clause shall, for the purpose of the clause of
which that sub-clause forms part, bear the meaning assigned to such words and expressions
in that sub-clause.
2.5 If any provision in a definition is a substantive provision conferring rights or imposing
obligations on any party, effect shall be given to that provision as if it were a substantive
clause in the body of the agreement, notwithstanding that it is only contained in the
interpretation clause.
2.6 If any period is referred to in this agreement by way of a reference to a number of days or
weeks or months or other intervals, the period shall be reckoned exclusively of the 1st (first)
day and inclusively of the last day of the relevant interval, unless the last day falls on a day
which is not a business day, in which case the last day shall be the next succeeding business
day.
2.7 If the due date for performance of any obligation in terms of this agreement is a day which
is not a business day then (unless otherwise stipulated) the due date for performance of the
relevant obligation shall be the immediately preceding business day.
2.8 If any obligation or act is required to be performed on a particular day it shall be performed
(unless otherwise stipulated) by 16h00 on that day.
2.9 This agreement shall be governed, interpreted, and enforced in accordance with the laws of
the Republic of South Africa from time to time.
2.10 If amounts or figures are specified in numerals and in words and if there is any discrepancy
between the numerals and the words, then the words shall apply.
2.11 The rule of construction that this agreement shall be interpreted against the party
responsible for the drafting of this agreement, shall not apply.

3. Pricing of Goods

3.1 In the event that the price of the goods delivered are disputed by The Client, the OSG
STANDARD WHOLESALE PRICE LIST, as it may be amended from time to time, will be used
as the final Price at which the Goods have been delivered to the Client.
3.2 A certificate issued by OSG will be issued, on the Clients request and upon a Pricing dispute.
Said certificate shall be Prima Facie proof of the agreed pricing.
3.3 Any Price dispute from the client shall be lodged with OSG, in writing, within 7(seven) days
of receipt of the Invoice. If no dispute is received and/or lodged within the agreed 7(seven)
days, in writing, the invoice shall be final, and the client waive any right to dispute said
Price and full and in any form.

4. Standard Payment Terms

4.1 OSG shall invoice The Client on delivery of the Goods and payment shall become due upon
the delivery of the Goods to the Client.
4.2 Payments shall be made in South African Rands by bank transfer to the following bank
account OSG as nominated in this Agreement, free from any costs and deductions. Said
banking details are:
Bank Name: FNB
Bank Branch & Code: 222026
Account Number: 62775087945
Ref: COMPANY NAME or ACCOUNT NUMBER or
INVOICE/QUOTE NR
4.3 OSG may elect to change their banking details during the term of this agreement. In the event
OSG will communicate said change in banking details on their official stationery and such
banking details change will be added to this Agreement as an Addendum. Said Addendum
shall be signed by both parties and the signing of said Addendum shall be confirmed by both
parties in writing.
4.4 Any payments made to incorrect banking accounts by the Client shall be at the sole risk of
the Client and the Client shall be liable for any outstanding payments towards OSG up and
until said payment reflects into the agreed upon banking account.
4.5 Any payments towards any incorrect accounts, by the Client, shall not limit the right that OSG
has under this agreement and in Law.
4.6 Title to the Goods shall only pass to the Client when upon full payment of the Goods. That
said all risk of loss, injury, or destruction of the Goods shall be borne by the Client until title
passes it.

5. Delivery of Goods

5.1 The Goods shall be delivered to:
as per OSG standard delivery schedule and standard delivery methods. Any special
delivery arrangement shall be regarded as a courtesy and late delivery shall not be
regarded as a defence towards accepted deliveries to the Client by OSG.
5.2 The Client shall upon delivery inspect the Goods delivered and sign accompanying
delivery note, said delivery note shall clearly define the quantity of units and the
description of the Goods delivered. After signature, the Client shall not be entitled to
dispute said delivery and Goods delivered. Inspection at the time of delivery will be the
sole responsibility of the Client.

6. Goods and/or Packaging of the GoodsDelivery of Goods

6.1 OSG reserves the right to change at any time the quantities, packaging, unit size, place,
method and/or time of delivery or the ancillary services to be provided.
6.2 OSG must provide proper and adequate packaging in accordance with best commercial
practice, to ensure that the Goods being delivered to The Client will be free of damage.
The Client retains the right to refuse delivery of damaged goods.
6.3. Packaging must be adequate to allow for rough handling during transit, exposure to
extreme temperatures, salt and precipitation during transit and appropriate storage, with
consideration for the type of Goods and transportation mode.
6.4. Packing, marking and documentation shall comply with any requirements or instructions
that may be required under law.
6.5. Upon acceptance of the Goods by the Client, which acceptance is clearly indicated by
signing the Delivery Note, the Client warrants that all Goods were delivered in a
satisfactory condition.
6.6 OSG warrants that all Goods supplied under this Contract are new, unused, of the most
recent or current models available in the general market.

7. The Account

7.1. Subject to the terms of this Agreement, OSG agrees to advance Goods to the Client on account subject to a maximum amount of R (AMOUNT IN WORDS);
which will act as the Clients credit limit for Goods delivered and duly payable
to the Client.
7.2. OSG, upon signature of this document, shall provide Goods to the Client as and when
said Goods are ordered by the Client and or he is instructed by the Client to do deliver
Goods.
7.3. OSG retains the right, at its sole discretion, to stop this account and/or amend the Credit
Limit for any reason whatsoever at any time by written confirmation of its decision,
without any obligation to provide any reason and without prejudice to any right which
OSG may have.
7.4. Notwithstanding the fact that Goods become payable upon delivery, Goods delivered on
account shall be fully paid for within 30(thirty) days OSG sending the monthly statement
in full, unless express written confirmation of a different payment date has been agreed
to by OSG.

8. Payment Guarantee

8.1 The Client may be required to provide OSG with a Payment Guarantee to act as security
for the issuing of the account. Said Payment Guarantee shall serve as the guarantee for
the Client’s faithful performance and compliance with the terms and conditions of this
Contract
8.2. If said Payment Guarantee is required the amount, terms, and security explanation of the
Payment Guarantee shall be Annexed to this agreement and marked as Annexure B.
8.3. The Client hereby warrants that he is duly authorised to provide OSG with said Payment
Guarantee and the Client acknowledges and accepts the full terms and conditions of said
Payment Guarantee.
8.4. During the existence of this Agreement OSG is entitled to request a Payment Guarantee
or further Payment Guarantee to secure the account in its sole discretion.
8.5. The amount of the Payment Guarantee shall not be construed as the limit of The Client’s
liability to OSG, in the event of breach of this Contract by the Client.
8.6. Said Payment Guarantee shall be effective for the entire subsistence of this Agreement
and up and until OSG has received all payments due to OSG from the Client as well as
following the completion of all the Clients obligation under this Agreement.
8.7. Said Payment Guarantee may not be alienated, ceded, or otherwise encumbered in any
way by the Client or act in any such way that may negatively impact the rights and or
ability of OSG to call on said Payment Guarantee.
8.8. In the event of Non-Payment of the Outstanding Amount plus any penalty fees, interest
charges and collection charges due to OSG within 30(thirty) days of being called upon to
do so, OSG will be entitled to immediately call on the Payment Guarantee without
prejudice of any other rights it has.

9. Account Interest & Penalty Fee

9.1. If the Client has not made full payment on his account within 30(thirty) days of being sent
his monthly statement by OSG as outlined in Clause 16 above. OSG will charge the Client
Interest on said outstanding amount.
9.2 In the event that the Client does not make full repayment of the total Outstanding Amount
on or before the agreed Payment Date, as agreed to in Clause 16.4, OSG shall be entitled
to charge a once-off Penalty Fee of 5% (five percent on the outstanding balance on the
next Business Day.
9.3 If said Outstanding Amount plus the Penalty Fee is not paid within 14 (fourteen) days,
OSG will charge further penalty interest of 2%(two percent) per month compounded daily,
without prejudice to any right which OSG may otherwise have as a result of that non-
payment up and until said amount is completely settled.

10. Certificate of Indebtedness

10.1. A Certificate signed by a Director, who’s appointment need not be proven or
substantiated, of OSG stating:
10.1.1 the amount of the indebtedness of the Client to the OSG, and/or:
10.1.2 that the Outstanding Amount together with all interest and fees is due and
payable, shall be prima facie proof of the amount owing by the Client to OSG and
that the same is payable.
10.2 The Borrower renounce the benefits of the legal exceptions of no value received, revision
of accounts, non causa debiti (the lack of an actionable debt), non numeratae pecuniae
(no money was paid over), errore calculi (a mistake in the calculation of the amount due),
and, in this case of more than one debtor, the de duobus vel pluribus reis debendi, ordinis seu excussionis et divisionis (benefit of division of debt and prior excussion), the meaning
and effect of which The Borrower state they fully understand.

11. Statement to Company Solvency

11.1 The Client hereby warrants that it the Business is trading in a solvent state and that it is
currently not involved in any litigation, mediation and/or arbitration that may impact the
financial status of the Client.
11.2 The Client is not aware of any claim that may be lodged against the Borrower within the
next 12(twelve) months that may influence the financial status of the Client. The Client
further warrants that if it becomes aware of any such claim lodged against it, it will inform
OSG of said Claim within 3(three) working days of becoming aware of such claim.
11.3 The Client further warrants that its believes that the Client will be able to trade effectively
and pay all its creditors and expenses for the foreseeable 12(twelve) months.
11.4 The Client hereby warrants it is not currently investigating Business Rescue, as defined in
,Chapter 6 of the new Companies Act, No. 71 of 2008 and/or any other legal compromise
with its creditors and do not believe that it will likely enter into such Business Rescue
Proceedings and/or compromise with Creditors within the next 12(twelve) months.
11.5 In the event that the Client intends to commence with Business Rescue, as contemplated
in, Chapter 6 of the new Companies Act, No. 71 of 2008, the Client undertakes to inform
OSG 7(seven) days prior to commencing with said action.

12. Warranties and Representation

12.1. The Parties further represents and warrants, which warranties both Parties hereby accepts
and records are material representations which induced the Parties to enter into this
agreement that:
(a) It has full title to the Goods, is fully qualified and/or accredited and/or
mandated to sell the Goods, and is a company financially sound and duly licensed,
with adequate human resources, equipment, competence, expertise and skills
necessary to carry out fully and satisfactorily, within the stipulated completion
period, the delivery of the Goods in accordance with this Contract;
(b) It shall comply with all applicable laws, ordinances, rules and regulations when
performing its obligations under this Contract;
(c) It has not misrepresented or concealed any material facts in the procuring of
this Contract;
(d) It shall abide by the highest ethical standards in the performance of this
Contract, which includes not engaging in any discriminatory or exploitative
practice or practices.

13. Good Faith

13.1. In implementing this agreement and in all further dealings with each other, the parties
each undertake to observe good faith in giving effect to the spirit and purpose of this
agreement.
13.2. Both Parties undertake to neither during nor for a minimum period of 3(three) years
hereinafter to do, cause or be part of any actions that can be harmful to the reputation,
brand and overall image of the other party. Notwithstanding the above, nothing in the
clause would limit the rights of either party to seek advice or to take applicable and
acceptable steps to act on a breach within this agreement between the parties.
13.3. Both Parties undertake to not approach any form of media or to be the cause of any
media story/coverage of any nature, including but not limited to, electronic media, local
media or social media, which could be potentially harmful to the other party.
13.4. Both Parties agree that the entire Clause 13 is pivotal to an open and trusting relationship
between the parties and is therefore the only way OSG can provide the required services
as contemplated under this Agreement and its Annexes.
13.5 Taking 13.4 above into consideration it is therefore acceptable to both parties that if any
breach of Clause 13.1, 13.2 and/or 13.3 is made by a Party (“the Offending Party) the
other Party (“the Non-Offending Party”) shall be entitled to cancel said Agreement with
immediate effect and with no risk or obligation towards non-offending Party. No provision
in the clause shall reduce the right of the Non-Offending Party to claim damages either
compensatory or punitive against the Offending Party.

14. Anti-Corruption

14.1. The Service Provider hereby undertakes that it shall not make, nor cause to be made, any
offer, gift, payment, consideration or benefit of any kind whatsoever, which could be
construed as an illegal or corrupt practice, in the sole discretion of OSG, either directly or
indirectly to any director, official, employee or representative of OSG or any other person,
as an inducement or reward in relation to the entering into or execution of this agreement.
14.2 Any such practice shall constitute a ground for termination of this agreement by OSG.

15. Breach

15.1 In the event of either of the parties ("the defaulting party") committing a breach of any of
the terms of this agreement and failing to remedy such breach within a period of 10 (ten)
days after receipt of a written notice from another party ("the aggrieved party") calling
upon the defaulting party so to remedy, then the aggrieved party shall be entitled, at its
sole discretion and without prejudice to any of its other rights in law, either to claim
specific performance of the terms of this agreement or to cancel this agreement forthwith
and without further notice, claim and recover damages from the defaulting party.

16. Notices and Domicilia

16.1 For the purpose of this agreement, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi ("domicilium") as follows: 16.1.1 OSG at: 359 Calliandra Street, Montana Park, Pretoria E-Mail: pta@oilshop.co.za 16.1.2 The Client at: address line1 E-Mail: 16.2 A party may at any time change its domicilium by notice in writing, provided that the new domicilium is in South Africa and consists of, or includes, a physical address at which process can be served. 16.3 Any notice given in connection with this agreement may be delivered by hand; or be sent by prepaid registered post; or be sent by prepaid telegram or cablegram; to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally. 16.4 A notice given as set out above shall be presumed to have been duly delivered on the date of delivery if delivered by hand or per electronic mail and on the 4th (fourth) day from the date of posting including the date of posting if posted by prepaid registered post from within the Republic of South Africa.

17. New Laws and Inability to Perform

17.1 If any law comes into operation subsequent to the signature of this agreement which law
affects any aspect or matter or issue contained in this agreement, the parties undertake
to enter into negotiations in good faith regarding a variation of this agreement in order
to ensure that neither this agreement nor its implementation constitutes a contravention
of such law.
17.2. If either party is prevented from performing any of its obligations in terms of this
agreement as a result of any existing or new law or as a result of any event beyond its
reasonable control whether or not foreseeable, including general power failures,
breakdown of telecommunication networks or computers, political intervention,
imposition of sanctions, riot or insurrection, it shall not be liable for any failure to perform
its obligations under this agreement while such event persists and shall have the right
(unless such event has or is likely to persist for a period not exceeding 30 (thirty) days)
to terminate this agreement at any time after the intervention of or becoming aware of
such event.
17.3 If this agreement is terminated by either party in accordance with the provisions of this
clause neither party shall have any claim or obligation in respect of any loss suffered or
damages incurred as a result of such cancellation.
17.4. Nothing in this clause will limit the rights of OSG to collect outstanding payment and
nothing in this clause reduces the liability and/or obligation of the Client to make full and
timeous payment for all Goods that have already been delivered.

18. Severability

18. Each and every provision of this agreement (excluding only those provisions which are
essential at law for a valid and binding agreement to be constituted) shall be deemed to
be separate and severable from the remaining provisions of this agreement. If any of the
provisions of this agreement (excluding only those provisions which are essential at law
for a valid and binding agreement to be constituted) is found by any court of competent
jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity
and/or unenforceability, the remaining provisions of this agreement shall be and remain
of full force and effect.

19. Operation

19. The expiration, cancellation or other termination of this agreement shall not affect those
provisions of this agreement which expressly provide that they will operate after such
expiration, cancellation or other termination or which of necessity must continue to
endure after such expiration, cancellation or other termination, notwithstanding that the
relevant clause may not expressly provide for such continuation.

20. Assignment

20. The Client may not assign, transfer, sub-contract or otherwise part with this agreement
or any part thereof or any right or obligation under it, without obtaining the Customer’s
prior written consent thereto.

21. Entire Agreement

21.1. This agreement as well as the attached Annexures hereto constitutes the entire
agreement between the parties with regard to the matters dealt with herein and no
representations, terms, conditions or warranties express or implied not contained in this
agreement shall be binding on the parties.

22. Variation and Cacellation

22.1. No agreement varying, adding to, deleting from or cancelling this agreement, and no
waiver whether specifically, implicitly or by conduct of any right to enforce any term of
this agreement, shall be effective unless reduced to writing and signed by or on behalf
of the parties

23. Indulgences

23.1 No indulgence granted by a party shall constitute a waiver of any of that party's rights under
this agreement; accordingly, that party shall not be precluded as a consequence of
having granted such indulgence, from exercising any rights against the other which may
have arisen in the past or which may arise in the future.

24. Relationship between the Parties

24.1 The parties shall for the duration of this agreement be independent contractors to each
other. No provision contained herein shall be construed to confer to the Client the status
of being an agent, employee, partner or co-venturer of the Lender. No person associated
with the Client in the performance of the provisions of the Client’s obligations in terms of
this agreement shall be deemed to be an employee, agent or contractor of OSG.
24.2 Neither the Client, nor any of its officers, directors, employees or sub-contractors shall
have the authority to represent, bind or act on behalf of the Lender in its performance of
the Borrower’s obligations in terms of this agreement without the prior written consent of
the Lender.

25. Jurisdiction

25.1 For the purposes of all or any proceedings herein the parties hereby consent to the
jurisdiction of the Magistrate's Court otherwise having jurisdiction under Section 28 of
the Magistrate's Court Act of 1944, as amended; notwithstanding that such proceedings
are otherwise beyond the jurisdiction, this clause shall be deemed to constitute the
required written consent conferring jurisdiction upon the said Court pursuant to Section
45 of the Magistrate's Court Act of 1944, as amended.
25.2 Notwithstanding the aforegoing clause 23.1, OSG shall have the right at the OSG's sole
option and discretion to institute proceedings in any other competent Court which might
otherwise have jurisdiction.

26. National Credit Act

26.1 To the extent that the National Credit Act applies to this agreement, the Client hereby
acknowledges that it is a juristic person as defined in terms of section 4(1)(a)(i) of the
NCA with an asset value or annual turnover which equals or exceeds R1 000 000.00 (one
million Rand) and that this agreement is exempt from the provisions of the National Credit
Act and a such The Client understands it does not have the right to call on any terms
within the National Credit Act.

27. Legal Costs

27.1. The parties hereto agree that they shall pay directly all legal costs which they may have
incurred on their own behalf in the preparation of this Agreement, including all deeds
and other agreements pertaining to this Agreement.
27.2. If any legal action or other proceeding is brought by OSG for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this Agreement, OSG shall be entitled to recover
all it’s reasonable costs and attorney’s fees and other related costs incurred in that action
or proceeding at a scale of attorney and client, including debt collector’s costs and/or
tracing.

28. General

28.1 This agreement is signed by the parties on the dates and at the places indicated opposite
their respective names.
28.2 This agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all of which shall be taken together and deemed to be one
instrument.
28.3 The persons signing this agreement in a representative capacity warrant their authority
to do so.
28.4 In the event that any provision in the agreement conflicts with any provision in the
attached Annexes, the agreement shall prevail.
28.5 Each party and its counsel have participated fully in the review and revision of this
Agreement. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for or against any
party.
CONTRACT FOR THE SUPPLY AND DELIVERY OF GOODS ON ACCOUNT, I HEREBY HAVE READ, UNDERSTOOD AND AGREE TO ABOVE TERMS & CONTITIONS
Hereby signed by the duly authorized individual, in the presence of witnesses:
The Oil Shoppe Gauteng
Signature
Date:
Place:
The Client
Signature
Date:
Place:
Witness 2
Signature
Date:
Place

PAYMENT GURANTEE

ANNEXURE A
I, WE the Directors/Shareholders
THE DIRECTORS AND/OR SHAREHOLDERS

1.

Full Names & Surname

ID Number

Physical Address

2.

Full Names & Surname

ID Number

Physical Address

3.

Full Names & Surname

ID Number

Physical Address