TERMS & CONDITIONS

E.P.X. SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS

1. Price

1.1 The price of services shall be the price stated on any forms, price list or stationery of E.P.X.

1.2 Prices are subject to change without prior notification, and prices ruling at the time of delivery of goods and/or rendering of service shall apply.

2. Payment

2.1 As E.P.X. is not a credit provider in terms of the National Credit Act (“NCA”), payment is to be made within 30 (thirty) days from the date of account.

2.2 Should any amount not be paid by the customer before or on the due date, then the whole amount in respect of all services rendered to the Customer shall become due, owing and payable, irrespective of the dates when the services were rendered.

2.3 The Customer shall not be entitled to claim set off or deduction in respect of any payment due by E.P.X to the Customer for goods supplied.

2.4 E.P.X. may appropriate all payments made by the Customer to such accounts as E.P.X., in its sole and absolute discretion, decides.

2.5 The Customer shall remain responsible and liable for any and all charges for the collection, distribution and return of goods. It is the customers responsibility to ensure, if the waybill states “Receiver to pay”, the Customer is required to provide the Receiver’s account number with EPX on the waybill instruction. Should EPX not receive this formal authorisation, the Customer will be held liable for the shipping charges accordingly.

3. Withdrawal of Account Facilities

E.P.X. reserves the right to withdraw any account facilities granted by E.P.X. to the Customer, at any time without prior notice to the Customer, and the nature and extent of such facilities shall at all times be in E.P.X.’s sole discretion.

4. Orders

4.1 All orders, including oral orders, shall be deemed to be orders to render a service.

4.2 Orders shall be subject to confirmation and acceptance by E.P.X., and such acceptance shall be confirmed by the rendering of service by E.P.X.

4.3 Orders accepted by E.P.X. are irrevocable and shall not be varied or cancelled by the Customer, except with the written consent of E.P.X.

4.4 The customer guarantees that any employee of the customer who engages the services of E.P.X. seemingly on behalf of the customer has been duly authorised to do so, and the customer accepts liability for the payment of services rendered in terms of any waybill signed by an employee of the customer, whether such employee has been authorised to sign such waybill or not.

5. Delivery

5.1 E.P.X. shall have the right to suspend deliveries and services if any amount due by the Customer is unpaid.

5.2 Whilst every effort will be made to dispatch goods and render services as advised, E.P.X. does not guarantee dispatch on any specific date and shall not be liable for any damages for failure to effect delivery/dispatch timeously for any reason whatsoever beyond E.P.X.’s control. The Customer shall not be entitled to cancel any order by reason of such delay, and time of delivery shall not be a material term of this agreement.

5.3 Proper services rendered shall be deemed to have taken place when E.P.X. delivers the parcel to the Receiver’s premises and any employee of the Receiver or addressee signs the delivery note or invoice, or when the service has been rendered to any employee of the Customer or any employee of the addressee, whether or not such delivery takes place at the Receiver’s address.

5.4 Where E.P.X. is requested by the Customer to withhold or postpone delivery, in the event that E.P.X. agrees to do so, the Customer shall pay for any charges occasioned by the postponement of the delivery.

6. Legal Proceedings

6.1 This agreement shall be governed by the laws of South Africa.

6.2 E.P.X. shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought by it exceeds the jurisdiction of the Magistrate’s or Regional Court, be entitled to institute action out of such Court.

6.3 In the event of the Customer breaching any of its obligations and/or failing to timeously make payment of any amount to E.P.X., the Customer agrees to pay, and shall be liable to pay, all legal costs incurred by E.P.X. on the attorney / own client scale, including collection charges and tracing agent’s fees.

6.4 A certificate under the hand of any Director or manager of E.P.X., (whose authority need not be proved), in respect of any indebtedness of the Customer to E.P.X. or in respect of any other fact, including but without limiting the generality of the foregoing, the fact that such services were rendered, shall be prime facie proof of the Customer’s indebtedness to E.P.X. and prima facie proof of such other fact and prima facie proof of the rendering of such services.

6.5 The Customer’s address referred to in this document shall be recognised as the Customer’s domicilium citandi et executandi for all purposes in terms of this agreement.

7.1 The Customer shall not cede its right nor assign its obligations in terms of this agreement.

7.2 E.P.X. shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this application for account facilities, including all terms and conditions, to any third party without prior notice to the Customer, insofar as it is not to the Customer’s detriment.

8. Standard Terms and Conditions of Service

8.1 The Customer acknowledges that any services rendered by E.P.X. to the Customer are rendered in accordance with the Standard Terms of Conditions of Service of E.P.X., as amended from time to time.

8.2 A copy of the said Standard Terms and Conditions of Service is available at any office of E.P.X. The Customer acknowledges having read the Standard Trading Conditions and agrees to be bound by the terms of the Standard Terms and Conditions of Service. The Standard Terms and Conditions of Service are for all intents and purposes incorporated herein.

8.3 In the event of a provision of the Standard Terms and Conditions of Service materially differing from a provision of this document, the provision in this document will apply.

9. Courier’s liability for damage or loss

9.1 The courier shall not carry the following goods:

9.1.1 Bullion, jewellery, precious stones, cash, valuable stamps, deeds, travellers’ cheque/s, valuable documents or film, any product containing alcohol, cigarettes, tyres, livestock and game, tinned fish, fresh produce, copper products, glass, glass products, wood, wood products, tiles, second-hand goods and water damage, damage to packaging and any liquid products.

9.2 The courier shall not be liable for scratches, dents or water damage to any goods, inclusive of household goods, personal effects or damage to packaging of goods.

9.3 No claim will be considered in cases where goods are insufficiently packaged. It is the customer’s responsibility to pack goods. Goods must be packed by the customer to withstand handling and travelling. Plastic wrapping is not considered as packaging but only as protection against dampness or dirt.

9.4 The courier provides liability cover in respect of loss or damage due to proven gross negligence on the part of the courier of goods in transit by the courier, to an amount of R5 000.00 (five thousand rand) inclusive of VAT, at an additional cost of R6.00 (exclusive of VAT) per waybill or R15 000.00 (fifteen thousand rand) inclusive of VAT, at an additional cost of R20.00 (exclusive of VAT) per waybill.

9.5 Payment in terms of Clause 9.4 is subject to an internal investigation, its findings and subsequent approval by the management of the courier or its appointed agent, whose decision will be final. Any liability in terms of this paragraph, will further be limited to the repair costs in respect of damaged goods, or the market value (cost of goods) of any damaged goods, or the replacement (cost of goods) of damaged goods, whichever is the lesser and still subject to the maximum liability option chosen (inclusive of VAT), as referred to above in Clause 9.4.

9.6 The customer acknowledges and agrees that the courier’s liability is limited to proven gross negligence on the part of the courier and is limited as per the agreed liability option selected by the customer, subject to Act 68 of 2008. Initial:__________

9.7 The customer acknowledges that the liability options offered by EPX exclude items referred to in Clause 9.1 Hijackings, Acts of God, Accidents and any/all consequential losses.

9.8 The customer confirms they have their own Goods In Transit Insurance to cover the above-mentioned exclusions of liability.

9.9 The customer hereby indemnifies and holds harmless the courier (subject to paragraph 9.4) against any liability/claim arising, directly or indirectly, from the handling of the goods. This exemption and indemnity include, but is not limited to, any liability for any loss or damages arising from the loss of goods, damage to goods, theft of goods, the failure to collect or deliver the goods timeously, adequately or at all, or from or to correct address, or from any other cause arising whether any such liability, loss or damage is caused by or arises from breach of contract or delict on the part of the carrier, its servants, agents or employees, or otherwise. The customer hereby abandons any claim it might have against the courier.

9.10 Any claim for damages in terms of Clause 9.4 or otherwise must be reported to the courier within twenty-four (24) hours of the date of delivery in writing, in the absence whereof the cover will lapse.

9.11 The courier shall not be liable for any claims arising due to incorrect goods supplied or contents of goods if all packaging is intact, irrespective of an endorsement on the Proof of Delivery stipulated, for example, “Contents not Checked”. The carrier accepts no responsibility for the amount of goods inside parcels, only for the number of parcels.

10. Disclosure of Personal Information

10.1 The Customer understands that the information given in this application for an account is to be used by E.P.X. for the purpose of assessing whether or not to grant the Customer an account. The Customer confirms that the information given by him in this application form is accurate and complete. The Customer further agrees to update the information supplied, as and when necessary, in order to ensure the accuracy of the above information, failing which E.P.X. will not be liable for any inaccuracies.

10.2 E.P.X has the Customer’s consent at all times to contact and request information from any persons, credit bureaus or businesses, including those mentioned in this application form and to obtain any information relevant to the Customer.

10.3 The Customer agrees and understands that information given in confidence to E.P.X. by a third party about the Customer will not be disclosed to the Customer.

10.4 The Customer hereby consents to and authorises E.P.X. at all times to furnish information concerning the Customer’s dealings with the Company to any credit bureau and to any third party seeking a trade reference regarding the Customer in its dealings with E.P.X.

11. General

11.1 This agreement represents the entire agreement between E.P.X. and the Customer and shall govern all future contractual relationships between E.P.X. and the Customer and shall also be applicable to all debts which the Customer may owe to E.P.X. prior to the Customer’s signature hereto.

11.2 Subject to the right of E.P.X. to amend the Standard Terms of Conditions of Service as referred to in paragraph 8 above, from time to time, no amendment, alteration, variation, deletion, addition and/or cancellation of these terms and conditions shall be of any force and effect unless reduced to writing and signed by a member of E.P.X.

11.3 No relaxation or indulgence that E.P.X. may give at any time in regard to the carrying out of the Customer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of E.P.X.’s rights in terms of this contract.

11.4 No warranties, representations or guarantees have been made by E.P.X. or on its behalf which may have induced the Customer to sign this document.

11.5 Any written notice to E.P.X. shall be addressed to P.O. Box 3547, Polokwane, 0700.

11.6 The Customer undertakes to notify E.P.X. within a period of seven days of any change of address or any change in the information as set out in the agreement.

11.7 The heading in this document is included for convenience and are not to be taken into account for the purpose of interpreting this agreement.

11.8 Each of the terms herein shall be a separate and divisible term, and if any such term becomes unenforceable for any reason whatsoever, then those terms shall be severable and shall not affect the validity of the other terms.

11.9 The person(s) signing this agreement on behalf of the Customer warrants that he/she/they is/are properly authorised to conclude this agreement on behalf of the Customer.

12. Continuing Covering Suretyship

12.1 I/we by my/our signature hereto (which appears below) do hereby bind myself/ourselves in my/our private and individual capacity as surety for

and co-principal debtor with the Customer in favour of E.P.X. for the due performance of any obligation of the Customer and for the payment to E.P.X.

by the Customer of any amounts which may not or at any time be or become owing to E.P.X. by the Customer.

12.2 This Suretyship is given as a continuing covering suretyship for the present and future obligations of the Customer to E.P.X.

12.3 The address referred to on the front page of this document shall be my/our chosen domicilium citandi et executandi address.