Common use of Terms and Conditions of Sale Clause in Contracts

Terms and Conditions of Sale. 1) Any order resulting from here on shall be subject to the conditions herein unless varied by the Supplier in writing and these conditions will take precedence over any terms, conditions or stipulations contained in any of the Buyer's documentation which may be in conflict herewith. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the Buyer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by the Supplier in writing with specific reference to the Buyer’s contrary documentation. 2) Prices and discounts are those ruling at the date of dispatch of the goods and the Supplier reserves the right to adjust or change any prices and/or discounts at any time on reasonable notice to the buyer. 3) The Buyer acknowledges that payment is due within (30) thirty days from date of statement, which date will be the last day of each succeeding month during which a particular delivery was made. Should the Buyer be entitled to any settlement, this is to be agreed in writing by the Supplier. To qualify for any settlement discount, the payment needs to be reflected in the bank account of the Supplier on or before the last day of the month within the agreed terms. i) In the event that the account becomes overdue, the Supplier shall be entitled to charge interest on the overdue balance at the maximum rate permitted in law. 4) The Supplier has the discretion at all times whether or not to sell to the Buyer. The Supplier may withdraw any limit or withdraw the account facility or may vary the extent, nature and duration of such facilities at any time without prior notice and without giving reason, therefore. i) The Supplier has the right to adjust the Buyer’s limit without written consent to cater for increased or reduced buying patterns. 5) The Supplier’s discretion to sell in terms hereof may be guided by inter alia the following: i) The availability of stock. ii) Timeous receipt by the Supplier of any drawings, designs and specifications that may be required by the Supplier from the Buyer provided that such drawings, designs and specifications shall be deemed to have been given to the Supplier for the purpose of description only and shall not form part of the contract. 6) Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery 7) The Supplier shall be exempted from and shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered. 8) Ownership in the goods sold and delivered to the Buyer on account shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of the goods to the Buyer. Risk in and to the goods shall however pass to the Buyer on delivery. 9) A signed Delivery Note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer. 10) Set off shall operate automatically as a matter of law at the moment reciprocal debts between the Supplier and the Buyer come into existence and independently of the will of the parties and it shall not be necessary for either the Supplier or the Buyer to specifically raise set off. Upon the operation of an automatic set off aforementioned, the debt shall be mutually extinguished to the extent of the lesser debt with retrospective effect. 11) The Buyer agrees and acknowledges that in the event of – i) the Buyer breaching any condition contained in these conditions; ii) the Buyer failing to pay any amount due and payable on due date; iii) the Buyer suffering any civil judgment to be taken or entered against it; iv) the Buyer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936, as amended; v) the Buyer passing away; vi)the Buyer's estate being placed under any order of provisional or final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be; then the Supplier shall, without detracting from any other remedies which may be available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice to repossess those goods sold and delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer's obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Supplier’s right to claim damages. In addition, the Buyer shall be precluded from raising any complaints or disputing liability to the Supplier in any way unless it shall have notified the Supplier of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeout raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from the Supplier pending the resolution of such dispute or complaint. Subject to the foregoing, the Supplier shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing, replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods. 12) Should the Buyer have any complaint of whatsoever nature concerning any of the goods which are not manufactured by the Supplier, it shall be entitled to require the Supplier to cede to it any rights, which the Supplier may have against the original Supplier of those goods but shall have no other claim against the Supplier in respect of the matter complained of. The Buyer shall not be entitled to withhold payment from the Supplier in respect of such goods for any reason whatsoever. 13) Should the Supplier agree to accept the return of any goods, the Buyer shall be liable to pay the Supplier a handling charge of not less than 10% on the invoiced price of the goods so returned. (subject to damages suffered, the purchase price will be repaid, where applicable by set off against other amounts due by the Buyer). 14) In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplier, the Buyer agrees to pay all costs on the scale as between attorney and own client, including collection commission and tracing charges. 15) In the event of the Supplier or its agent instructing a Debt Collector to collect from the Buyer an amount owing to the Supplier, the Buyer agrees to pay collection commission in accordance with the Debt Collectors Act (Act. 114 of 1998). 16) It is a condition of each sale that the goods are sold "voetstoots" and without any warranties or representations whatsoever. 17) Should the Buyer have previously made application to the Supplier for credit facilities, which said application would have embodied terms and conditions and should the Buyer have furnished any security to the Supplier for the due obligations of the Buyer to the Supplier on any previous occasion, the customer records and acknowledges that the signature by it on this document shall not be regarded as a novation of any such previous agreement or any prior security given by it to the Supplier. The Buyer furthermore records and acknowledges that, in so far as any provision contained herein may be inconsistent with any provisions contained in any document previously executed by it, the provisions of this document shall prevail. 18) When the Supplier is required to manufacture or supply goods to the Buyers' specification and/or drawings, or carries out work accordi ng to the Buyer's instructions, or those of its nominees, the Supplier accepts no responsibility for the efficiency or workability of goods so manufactured or work so carried out. 19) Save as otherwise specifically provided for herein, the Supplier shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit, or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any breach by the Supplier of any of its obligations under these conditions or out of any other court whatsoever. The Buyer hereby indemnifies the Supplier against any claim which may be made against the Supplier by any other person in respect of any matter for which the liability of the Supplier is excluded in terms of the foregoing. 20) The Buyer consents to the jurisdiction of the Magistrates' Court in terms of Section 45 of the Magistrates' Court Act, No. 32 of 1944, as amended, having jurisdiction under Section 28 of the said Act, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrate' Court. 21) The Buyer nominates as it's address for services for all notices or processes arising here from as the address reflected on the face hereof under the heading “Registered office/Physical address”, and the surety nominates as his address for services for all notices or processes arising here from the address reflected on the face hereof alongside his name, for service upon the Buyer and the Surety respectively of all notices and processes in connection with any claim for any sum due to the Supplier or any ceded claim. 22) No relaxation or indulgence granted to the Buyer by the Supplier, at any time, shall be deemed to be a waiver of any of the Supplier's rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppel against the Supplier. 23) Any agreement purporting to vary or novate the terms of this agreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by the Buyer and the Supplier. i) The Buyer understands that the information given in relation to this agreement will assist the Supplier in determining whether or not to sell to the Buyer and will be used by the Supplier for the purposes of assessing its creditworthiness. The Buyer confirms that the information given by it is accurate and complete. The Buyer further agrees to update the information supplied, as and when necessary, to ensure the accuracy and completeness of the above information. ii) The Buyer hereby authorises the Supplier or its agents at all times to contact and request information from any persons, credit bureaux or businesses, including those mentioned under trade references, and to obtain any information relevant to the Buyer’s credit assessment. (to determine the Buyers ability to pay for the goods) iii) If the Buyer fails to meet its obligations under these terms and conditions of sale, it authorises the Supplier or its agents to record its non-performance with any credit bureau, which information will be available to third parties. The Buyer further authorises researching its records at any credit bureaux, use new information and data obtained from any credit bureaux in respect of details of how the Buyer has performed in terms of these terms and conditions of sale. iv) The Buyer hereby authorises the Supplier or its agents at all times to furnish information concerning the Buyer’s dealings with the Supplier, including without being limited to, the Buyer’s credit worthiness and defaulting payments to the Supplier. INITIAL 24) The Buyer and Surety agree that in the event of the account becoming overdue and remaining unpaid for 30 days past original due date, that the Supplier and / or its agents may adverse list the Buyer and / or Surety with any credit bureau and that this clause serves as Notice of this due action. 25) In these conditions, words importing one gender shall include the other gender, and words importing the singular, shall include the plural (and vice versa)

Terms and Conditions of Sale. 1) Any order resulting from here Property is being sold "As Is". This transaction is not contingent on Buyer obtaining financing. The Escrow Company for this transaction shall be: Magnus Title Agency. Xxxxxx Xxxxxx 480-682-0250. Xxxxxx.xxxxxx@xxxxxxxxxxx.xxx – 0000 X Xxxxxx Xx #000, Xxxxx, XX 00000 Closing Date: This transaction shall be subject to closed, the conditions herein unless varied balance of the moneys due shall be paid, and all documents signed by the Supplier in writing and these conditions will take precedence over any terms, conditions parties hereto on or stipulations contained in any before 7 Days from the acceptance of the Buyer's documentation which may be in conflict herewiththis agreement. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the Buyer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by the Supplier in writing with specific reference to the Buyer’s contrary documentation. 2) Prices and discounts are those ruling at the date of dispatch of the goods and the Supplier reserves the right to adjust or change any prices and/or discounts at any time on reasonable notice to the buyer. 3) The Buyer acknowledges that payment is due within (30) thirty days from date of statement, which date will be the last day of each succeeding month during which a particular delivery was made. Should the Buyer be entitled to any settlement, this xxxxxxx money deposit is to be agreed in writing held by the SupplierEscrow Company pending closing. To qualify It is expressly agreed that upon the event of any default or failure on the part of the Purchaser to comply with the terms and conditions of this contract that said deposit is to be paid to Seller as liquidated damages. Sales Price is Net to Seller. Buyer shall pay for all closing costs and title fees, including preparation of deed. Buyer warrants that they are purchasing the property for use as an investment and not as a personal residence. Buyer cannot advertise or promote the property prior to close.Possession of said premises will be given to purchaser at the time of closing. Taxes, rent and rent securities shall be prorated at the time of closing and paid by the seller. If Seller has the Property in escrow or under option but has not yet closed on it prior to the Closing Date above, Seller may choose to a) buy it and resell it to Buyer, b) do a double escrow (with this transaction being the 2nd leg & funds flowing forward to close the 1st leg), or c) assign the purchase contract with the current owner of record; so that Buyer's total procurement cost remains the same after the assignment fee is considered. Seller agrees to deliver premises at time of closing in an as-is condition. In case the property is destroyed, wholly or partially, by fire or other casualty prior to closing, Buyer or Seller shall have option for ten (10) days thereafter of proceeding to remedy the situation or terminating agreement. Said property is being sold and purchased subject to zoning ordinances and regulations; building restrictions; and conditions, restrictions and easements of Public Record. This opportunity is for 'cash' buyers only. If using a lender or an XXX, Buyer understands that xxxxxxx money is non-refundable unless Seller cannot convey title. Buyer has viewed property and waives any settlement discountfurther inspections. It is agreed that time is of the essence with respect to all dates specified in the Agreement and any addenda, riders, or amendments thereto. This means that all deadlines are intended to be strict and absolute. If the closing does not occur by the Closing Date, the payment needs to be reflected in Agreement is automatically terminated, and the bank account of the Supplier on or before the last day of the month within the agreed termsSeller shall retain any xxxxxxx money deposit as liquidated damages. i) In the event that Buyer requests an extension of the account becomes overdueClosing Date or of the deadline for the fulfillment of any contingency, and the Supplier shall be entitled to charge interest on the overdue balance at the maximum rate permitted in law. 4) The Supplier has the discretion at all times whether or not to sell Seller agrees to the Buyer. The Supplier may withdraw any limit or withdraw the account facility or may vary the extent, nature and duration of such facilities at any time without prior notice and without giving reason, therefore. i) The Supplier has the right to adjust the Buyer’s limit without written consent to cater for increased or reduced buying patterns. 5) The Supplier’s discretion to sell in terms hereof may be guided by inter alia the following: i) The availability of stock. ii) Timeous receipt by the Supplier of any drawings, designs and specifications that may be required by the Supplier from the Buyer provided that such drawings, designs and specifications shall be deemed to have been given to the Supplier for the purpose of description only and shall not form part of the contract. 6) Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery 7) The Supplier shall be exempted from and shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered. 8) Ownership in the goods sold and delivered to the Buyer on account shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of the goods to the Buyer. Risk in and to the goods shall however pass to the Buyer on delivery. 9) A signed Delivery Note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer. 10) Set off shall operate automatically as a matter of law at the moment reciprocal debts between the Supplier and the Buyer come into existence and independently of the will of the parties and it shall not be necessary for either the Supplier or the Buyer to specifically raise set off. Upon the operation of an automatic set off aforementioned, the debt shall be mutually extinguished to the extent of the lesser debt with retrospective effect. 11) The Buyer agrees and acknowledges that in the event of – i) the Buyer breaching any condition contained in these conditions; ii) the Buyer failing to pay any amount due and payable on due date; iii) the Buyer suffering any civil judgment to be taken or entered against it; iv) the Buyer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936, as amended; v) the Buyer passing away; vi)the Buyer's estate being placed under any order of provisional or final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be; then the Supplier shall, without detracting from any other remedies which may be available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice to repossess those goods sold and delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer's obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Supplier’s right to claim damages. In addition, the Buyer shall be precluded from raising any complaints or disputing liability to the Supplier in any way unless it shall have notified the Supplier of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeout raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from the Supplier pending the resolution of such dispute or complaint. Subject to the foregoing, the Supplier shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing, replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods. 12) Should the Buyer have any complaint of whatsoever nature concerning any of the goods which are not manufactured by the Supplier, it shall be entitled to require the Supplier to cede to it any rights, which the Supplier may have against the original Supplier of those goods but shall have no other claim against the Supplier in respect of the matter complained of. The Buyer shall not be entitled to withhold payment from the Supplier in respect of such goods for any reason whatsoever. 13) Should the Supplier agree to accept the return of any goods, the Buyer shall be liable to pay the Supplier a handling charge of not less than 10% on the invoiced price of the goods so returned. (subject to damages suffered, the purchase price will be repaid, where applicable by set off against other amounts due by the Buyer). 14) In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplierextension, the Buyer agrees to pay all costs on to the scale as between attorney and own client, including collection commission and tracing charges. 15) In the event Seller a per diem penalty of the Supplier greater of $200.00 or its agent instructing a Debt Collector 1/10 of 1% of the purchase price per calendar day towards Seller’s carrying costs, through and including the Closing Date specified in the written extension agreement. The per diem amount must be deposited with the Seller at the time any request for extension is made. Seller reserves the right to collect from the Buyer an amount owing continue to offer Property for sale until this offer has been formally accepted in writing and all contingencies removed in writing. xxxx://xxxxxxxxxxxxxxxxxxxx.xxx | 000-000-0000 | xxxxx@xxxxxxxxxxxxxxxxxxxx.xxx | Page 1 This Agreement is subject to the Supplier, the Seller being able to obtain marketable title. Buyer agrees to pay collection commission notify Seller in accordance with writing of any defects in title as soon as reasonably possible and if title proves to be not good and marketable/insurable by the Debt Collectors Act (Actescrow company, then Seller shall be given a reasonable opportunity to remedy the title, and if Seller is unable to do so, then this transaction shall be canceled and Buyer shall be entitled to a full refund of its xxxxxxx money. 114 Buyer expressly waives the remedy of 1998)specific performance in the event Seller is unable to convey title. 16) Inspection examinations, certifications, appraisals, research, closings, repair estimates, repairs, or other services may be performed by vendors or contractors selected or recommended by Seller as a convenience to the parties. Buyer agrees to hold harmless the Sellers as to the performance or nonperformance and costs of such vendors or contractors and is using such vendor or information obtained by such vendors at their own risk. Buyer waives right to record a lis pendens against the property or to record the agreement or memorandum thereof in the real property records. Buyer waives right to invoke any other equitable remedy that may be available that, if invoked, would prevent the Seller from conveying the property to a third-party buyer. The parties hereto further agree that this written contract expresses the entire agreement between the parties and that there is no other agreement, oral or otherwise, modifying the terms hereunder. This contract shall be binding on both parties, their principles, heirs, personal representatives, or assigns. It is a condition of each sale agreed that the goods are sold "voetstoots" listing broker in this transaction, if any, is NA and without any warranties or representations whatsoeverthe selling broker in this transaction, if any, is . 17) Should The Seller offers the Buyer have previously made application to no representations, warranties, or guarantees whatsoever express or implied, regarding the Supplier for credit facilitiesProperty’s nature, which said application would have embodied terms and conditions and should the Buyer have furnished any security to the Supplier for the due obligations value, source, authenticity, fitness, merchantability, and/or other aspect of characteristic of the Buyer to the Supplier on any previous occasionProperty. No statement anywhere, the customer records and acknowledges that the signature by it on this document shall not be regarded as a novation of any such previous agreement whether express or any prior security given by it to the Supplier. The Buyer furthermore records and acknowledges that, in so far as any provision contained herein may be inconsistent with any provisions contained in any document previously executed by it, the provisions of this document shall prevail. 18) When the Supplier is required to manufacture or supply goods to the Buyers' specification and/or drawings, or carries out work accordi ng to the Buyer's instructions, or those of its nominees, the Supplier accepts no responsibility for the efficiency or workability of goods so manufactured or work so carried out. 19) Save as otherwise specifically provided for herein, the Supplier shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit, or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any breach by the Supplier of any of its obligations under these conditions or out of any other court whatsoever. The Buyer hereby indemnifies the Supplier against any claim which may be made against the Supplier by any other person in respect of any matter for which the liability of the Supplier is excluded in terms of the foregoing. 20) The Buyer consents to the jurisdiction of the Magistrates' Court in terms of Section 45 of the Magistrates' Court Act, No. 32 of 1944, as amended, having jurisdiction under Section 28 of the said Act, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrate' Court. 21) The Buyer nominates as it's address for services for all notices or processes arising here from as the address reflected on the face hereof under the heading “Registered office/Physical address”, and the surety nominates as his address for services for all notices or processes arising here from the address reflected on the face hereof alongside his name, for service upon the Buyer and the Surety respectively of all notices and processes in connection with any claim for any sum due to the Supplier or any ceded claim. 22) No relaxation or indulgence granted to the Buyer by the Supplier, at any timeimplied, shall be deemed a warranty or representation by Seller regarding the Property being purchased. The undersigned jointly and severally agree to be a waiver of any of purchase and sell the Supplier's rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of above-described property on the terms and conditions set out stated herein, or create any estoppel against the Supplier. 23) Any agreement purporting to vary or novate the terms of this agreement, or any consensual cancellation, The CLOSING OF THIS TRANSACTION shall not be valid unless reduced to writing and signed constitute as acknowledgment by the Buyer(s) that THE PREMISES WERE ACCEPTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE AND IN ITS PRESENT “AS IS” CONDITION BASED SOLELY ON BUYER’S OWN INSPECTION. OTHER AGREEMENTS: Buyer and Date SELLER Date (Print) Freedom Real Estate LLC (Sign) Buyer #2 Date (Print) (Sign) This is a legally binding contract. If not understood, seek the Supplieradvice of an Attorney. i) The Buyer understands that the information given in relation to this agreement will assist the Supplier in determining whether or not to sell to the Buyer and will be used by the Supplier Contact Information for the purposes of assessing its creditworthiness. The Title Company Buyer confirms that the information given by it is accurate and complete. The Name: Buyer further agrees to update the information supplied, as and when necessary, to ensure the accuracy and completeness of the above information. ii) The Contact Phone Number: Buyer hereby authorises the Supplier or its agents at all times to contact and request information from any persons, credit bureaux or businesses, including those mentioned under trade references, and to obtain any information relevant to the Buyer’s credit assessment. (to determine the Buyers ability to pay for the goods) iii) If the Buyer fails to meet its obligations under these terms and conditions of sale, it authorises the Supplier or its agents to record its non-performance with any credit bureau, which information will be available to third parties. The Buyer further authorises researching its records at any credit bureaux, use new information and data obtained from any credit bureaux in respect of details of how the Buyer has performed in terms of these terms and conditions of sale. iv) The Buyer hereby authorises the Supplier or its agents at all times to furnish information concerning the Buyer’s dealings with the Supplier, including without being limited to, the Buyer’s credit worthiness and defaulting payments to the Supplier. INITIAL 24) The Buyer and Surety agree that in the event of the account becoming overdue and remaining unpaid for 30 days past original due date, that the Supplier and / or its agents may adverse list the Buyer and / or Surety with any credit bureau and that this clause serves as Notice of this due action. 25) In these conditions, words importing one gender shall include the other gender, and words importing the singular, shall include the plural (and vice versa)Email: Agent Name: Agent Phone Number: Agent Email:

Terms and Conditions of Sale. 1) Any order resulting from here Property is being sold "As Is". This transaction is not contingent on Buyer obtaining financing. The Escrow Company for this transaction shall be:_C_on_struct T_itle C_ompan_y, L_LC__dba_Bluepr_int Titl_e T_X _ __ Closing Date: This transaction shall be closed, the balance of the monies due shall be paid, and all documents signed by the parties hereto on or before7 daysafter escrow has been opened. The xxxxxxx money deposit is to be held by the escrow company pending closing. It is expressly agreed that upon the event of any default or failure on the part of the Buyer to comply with the terms and conditions of this contract that said deposit is to be paid to Seller as liquidated damages. Buyer cannot advertise or promote the property prior to close. Possession of said premises will be given to purchaser at the time of closing. This contract is not assignable. Taxes, rent and rent securities (if applicable) shall be prorated at the time of closing and paid by the Seller. If Seller has the Property in escrow but has not yet closed on it, the parties agree that they will do an assignment of Seller's contract with the current owner, at Seller's request, so that the Buyer's total purchase price remains the same after the assignment fee is considered. Seller agrees to deliver premises at time of closing in an "as-is" condition. In case the property is destroyed, wholly or partially, by fire or other casualty prior to closing, Buyer or Seller shall have option for seven (7) days thereafter of proceeding or terminating agreement. Said property is being sold and purchased subject to zoning ordinances and regulations; building restrictions; and conditions, restrictions and easements of Public Record. There is no financing contingency. This opportunity is for 'cash' buyers only. If using a hard money lender or an XXX, proof of funds from Buyer is required prior to acceptance of this contract. Buyer waives right to record a lis pendens against the property or to record the agreement or memorandum thereof in the real property records. Buyer waives right to invoke any other equitable remedy that may be available that, if invoked, would prevent the Seller from conveying the property to a third-party buyer. The contract is subject to the conditions herein unless varied Seller being able to obtain marketable title. Buyer agrees to notify Seller in writing of any defects in title as soon as reasonably possible and if title proves to be not good and marketable/insurable by the Supplier escrow company, then Seller shall be given a reasonable opportunity to remedy the title, and if Seller is unable to do so, then this transaction shall be canceled and Buyer shall be entitled to a full refund of its xxxxxxx money. Buyer expressly waives the remedy of specific performance in writing and these conditions will take precedence over any terms, conditions or stipulations contained in any of the Buyer's documentation which may be in conflict herewithevent seller is unable to convey title. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the Buyer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by the Supplier in writing with specific reference to the Buyer’s contrary documentation. 2) Prices and discounts are those ruling at the date of dispatch of the goods and the Supplier Seller reserves the right to adjust continue to offer Property for sale until this offer has been formally accepted in writing, xxxxxxx money has been deposited by Buyer, and all contingencies removed in writing. Inspection examinations, certifications, appraisals, research, closings, repair estimates, repairs, or change any prices and/or discounts at any time on reasonable notice other services may be performed by vendors or contractors selected or recommended by Seller, or by Seller itself, as a convenience to the buyerparties. 3) The Buyer acknowledges agrees to hold harmless the Sellers as to the performance or nonperformance and costs of such vendors or contractors and is using such vendor or information obtained by such vendors at their own risk. It is agreed that payment time is due within (30) thirty days from date of statementthe essence with respect to all dates specified in the Agreement and any addenda, which date will be the last day of each succeeding month during which a particular delivery was maderiders, or amendments thereto. Should the Buyer be entitled to any settlement, this is This means that all deadlines are intended to be agreed in writing strict and absolute. If the closing does not occur by the Supplier. To qualify for any settlement discountClosing Date, the payment needs to be reflected in Agreement is automatically terminated and the bank account of the Supplier on or before the last day of the month within the agreed termsSeller shall retain any xxxxxxx money deposit as liquidated damages. i) In the event that Buyer requests an extension of the account becomes overdueClosing Date or of the deadline for the fulfillment of any contingency, and the Supplier shall be entitled to charge interest on the overdue balance at the maximum rate permitted in law. 4) The Supplier has the discretion at all times whether or not to sell Seller agrees to the Buyer. The Supplier may withdraw any limit or withdraw the account facility or may vary the extent, nature and duration of such facilities at any time without prior notice and without giving reason, therefore. i) The Supplier has the right to adjust the Buyer’s limit without written consent to cater for increased or reduced buying patterns. 5) The Supplier’s discretion to sell in terms hereof may be guided by inter alia the following: i) The availability of stock. ii) Timeous receipt by the Supplier of any drawings, designs and specifications that may be required by the Supplier from the Buyer provided that such drawings, designs and specifications shall be deemed to have been given to the Supplier for the purpose of description only and shall not form part of the contract. 6) Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery 7) The Supplier shall be exempted from and shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered. 8) Ownership in the goods sold and delivered to the Buyer on account shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of the goods to the Buyer. Risk in and to the goods shall however pass to the Buyer on delivery. 9) A signed Delivery Note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer. 10) Set off shall operate automatically as a matter of law at the moment reciprocal debts between the Supplier and the Buyer come into existence and independently of the will of the parties and it shall not be necessary for either the Supplier or the Buyer to specifically raise set off. Upon the operation of an automatic set off aforementioned, the debt shall be mutually extinguished to the extent of the lesser debt with retrospective effect. 11) The Buyer agrees and acknowledges that in the event of – i) the Buyer breaching any condition contained in these conditions; ii) the Buyer failing to pay any amount due and payable on due date; iii) the Buyer suffering any civil judgment to be taken or entered against it; iv) the Buyer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936, as amended; v) the Buyer passing away; vi)the Buyer's estate being placed under any order of provisional or final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be; then the Supplier shall, without detracting from any other remedies which may be available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice to repossess those goods sold and delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer's obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Supplier’s right to claim damages. In addition, the Buyer shall be precluded from raising any complaints or disputing liability to the Supplier in any way unless it shall have notified the Supplier of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeout raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from the Supplier pending the resolution of such dispute or complaint. Subject to the foregoing, the Supplier shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing, replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods. 12) Should the Buyer have any complaint of whatsoever nature concerning any of the goods which are not manufactured by the Supplier, it shall be entitled to require the Supplier to cede to it any rights, which the Supplier may have against the original Supplier of those goods but shall have no other claim against the Supplier in respect of the matter complained of. The Buyer shall not be entitled to withhold payment from the Supplier in respect of such goods for any reason whatsoever. 13) Should the Supplier agree to accept the return of any goods, the Buyer shall be liable to pay the Supplier a handling charge of not less than 10% on the invoiced price of the goods so returned. (subject to damages suffered, the purchase price will be repaid, where applicable by set off against other amounts due by the Buyer). 14) In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplierextension, the Buyer agrees to pay all costs on to the scale as between attorney and own client, including collection commission and tracing charges. 15) In the event Seller a per diem penalty of the Supplier greater of $50.00 or its agent instructing a Debt Collector to collect from 1/10 of 1% of the Buyer an purchase price per calendar day towards Seller’s carrying costs, through and including the Closing Date specified in the written extension agreement. The per diem amount owing to the Supplier, the Buyer agrees to pay collection commission in accordance must be deposited with the Debt Collectors Act (ActSeller at the time any request for extension is made. 114 of 1998)This contract shall be binding on both parties, their principals, heirs, personal representatives, or assigns. 16) It is a condition of each sale agreed that the goods are sold "voetstoots" listing broker in this transaction, if any, is _N/A _ and without any warranties or representations whatsoever. 17) Should the Buyer have previously made application to the Supplier for credit facilitiesselling broker in this transaction, which said application would have embodied terms and conditions and should the Buyer have furnished any security to the Supplier for the due obligations of the Buyer to the Supplier on any previous occasionif any, the customer records and acknowledges that the signature by it on this document shall not be regarded as a novation of any such previous agreement or any prior security given by it to the Supplieris _ N/A _. The Buyer furthermore records and acknowledges that, in so far as any provision contained herein may be inconsistent with any provisions contained in any document previously executed by it, parties hereto further agree that this written contract expresses the provisions of this document shall prevail. 18) When the Supplier is required to manufacture or supply goods to the Buyers' specification and/or drawings, or carries out work accordi ng to the Buyer's instructions, or those of its nominees, the Supplier accepts no responsibility for the efficiency or workability of goods so manufactured or work so carried out. 19) Save as otherwise specifically provided for herein, the Supplier shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit, or special damages of any nature whatsoever and whether in the contemplation of entire agreement between the parties and that there is no other agreement, oral or not which otherwise, modifying the Buyer may suffer as a result of any breach by the Supplier of any of its obligations under these conditions or out of any other court whatsoeverterms hereunder. The Buyer hereby indemnifies undersigned jointly and severally agree to purchase and sell the Supplier against any claim which may be made against the Supplier by any other person in respect of any matter for which the liability of the Supplier is excluded in terms of the foregoing. 20) The Buyer consents to the jurisdiction of the Magistrates' Court in terms of Section 45 of the Magistrates' Court Act, No. 32 of 1944, as amended, having jurisdiction under Section 28 of the said Act, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrate' Court. 21) The Buyer nominates as it's address for services for all notices or processes arising here from as the address reflected above-described property on the face hereof under the heading “Registered office/Physical address”, and the surety nominates as his address for services for all notices or processes arising here from the address reflected on the face hereof alongside his name, for service upon the Buyer and the Surety respectively of all notices and processes in connection with any claim for any sum due to the Supplier or any ceded claim. 22) No relaxation or indulgence granted to the Buyer by the Supplier, at any time, shall be deemed to be a waiver of any of the Supplier's rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppel against stated in the Supplier. 23) Any agreement purporting to vary or novate the terms foregoing instrument and attached addendum that must be attached and included as part of this agreement, or any consensual cancellation, contract. The CLOSING OF THIS TRANSACTION shall not be valid unless reduced to writing and signed constitute as acknowledgment by the Buyer Buyer(s) that THE PREMISES WERE ACCEPTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE AND IN ITS PRESENT “AS IS” CONDITION BASED SOLELY ON BUYER’S OWN INSPECTION. BUYER Date SELLER Date _ _ ___ __ __0_7 /__2_0 /_2_0_21 ______ ___ _ _07 / _20 _/ 2021 _ _ ___ __ _ _ _ _ __ __ _ _ _ _ ___ _ _ BUYER Date SELLER Date _ _ ___ __ _ _ _ _ _ _ __ _ ___ __ _ _ ___ __ ___ __ ___ __ __ _ _ _ ___ __ This is a legally binding contract. If not understood, seek the advice of an Attorney. REVISED DOCUMENT READY TO SIGNED BC contract (1).pdf 6759f9f81d13d104e3015a7c4f8f775573ecabe0 MM / DD / YYYY Completed 07 / 20 / 2021 14:33:58 UTC Sent for signature to LEGACY FAMILY INT'L LLC (xxxxxxxxxxxxxx00@xxxxx.xxx) and the Supplier. iXxxxxxxxx Xxxxxxx (xxxx.xxxxxxx000@xxxxx.xxx) The Buyer understands that the information given in relation to this agreement will assist the Supplier in determining whether or not to sell to the Buyer and will be used from xxxx.xxxxxxx000@xxxxx.xxx IP: 67.243.189.254 07 / 20 / 2021 18:24:48 UTC Viewed by the Supplier for the purposes of assessing its creditworthiness. The Buyer confirms that the information given LEGACY FAMILY INT'L LLC (xxxxxxxxxxxxxx00@xxxxx.xxx) IP: 71.95.225.78 07 / 20 / 2021 18:26:14 UTC 07 / 20 / 2021 18:37:58 UTC 07 / 20 / 2021 18:38:28 UTC 07 / 20 / 2021 18:38:28 UTC Signed by it is accurate and complete. The Buyer further agrees to update the information supplied, as and when necessary, to ensure the accuracy and completeness of the above information. iiLEGACY FAMILY INT'L LLC (xxxxxxxxxxxxxx00@xxxxx.xxx) The Buyer hereby authorises the Supplier or its agents at all times to contact and request information from any persons, credit bureaux or businesses, including those mentioned under trade references, and to obtain any information relevant to the Buyer’s credit assessment. IP: 71.95.225.78 Viewed by Xxxxxxxxx Xxxxxxx (to determine the Buyers ability to pay for the goodsxxxx.xxxxxxx000@xxxxx.xxx) iiiIP: 67.243.189.254 Signed by Xxxxxxxxx Xxxxxxx (xxxx.xxxxxxx000@xxxxx.xxx) If the Buyer fails to meet its obligations under these terms and conditions of sale, it authorises the Supplier or its agents to record its non-performance with any credit bureau, which information will be available to third parties. The Buyer further authorises researching its records at any credit bureaux, use new information and data obtained from any credit bureaux in respect of details of how the Buyer has performed in terms of these terms and conditions of sale. iv) The Buyer hereby authorises the Supplier or its agents at all times to furnish information concerning the Buyer’s dealings with the Supplier, including without being limited to, the Buyer’s credit worthiness and defaulting payments to the Supplier. INITIAL 24) The Buyer and Surety agree that in the event of the account becoming overdue and remaining unpaid for 30 days past original due date, that the Supplier and / or its agents may adverse list the Buyer and / or Surety with any credit bureau and that this clause serves as Notice of this due action. 25) In these conditions, words importing one gender shall include the other gender, and words importing the singular, shall include the plural (and vice versa)IP: 67.243.189.254

Terms and Conditions of Sale. 1) Any order resulting from here Property is being sold "As Is". This transaction is not contingent on Buyer obtaining financing. The Escrow Company for this transaction shall be:_____________ ____ ____ ____ ____ ____ ______ ____ ____ ____ ____ ____ _ Closing Date: This transaction shall be closed, the balance of the monies due shall be paid, and all documents signed by the parties hereto on or before 7 days after escrow has been opened. The xxxxxxx money deposit is to be held by the escrow company pending closing. It is expressly agreed that upon the event of any default or failure on the part of the Buyer to comply with the terms and conditions of this contract that said deposit is to be paid to Seller as liquidated damages. Buyer cannot advertise or promote the property prior to close. Possession of said premises will be given to purchaser at the time of closing. This contract is not assignable. Taxes, rent and rent securities (if applicable) shall be prorated at the time of closing and paid by the Seller. If Seller has the Property in escrow but has not yet closed on it, the parties agree that they will do an assignment of Seller's contract with the current owner, at Seller's request, so that the Buyer's total purchase price remains the same after the assignment fee is considered. Seller agrees to deliver premises at time of closing in an "as-is" condition. In case the property is destroyed, wholly or partially, by fire or other casualty prior to closing, Buyer or Seller shall have option for seven (7) days thereafter of proceeding or terminating agreement. Said property is being sold and purchased subject to zoning ordinances and regulations; building restrictions; and conditions, restrictions and easements of Public Record. There is no financing contingency. This opportunity is for 'cash' buyers only. If using a hard money lender or an XXX, proof of funds from Buyer is required prior to acceptance of this contract. Buyer waives right to record a lis pendens against the property or to record the agreement or memorandum thereof in the real property records. Buyer waives right to invoke any other equitable remedy that may be available that, if invoked, would prevent the Seller from conveying the property to a third-party buyer. The contract is subject to the conditions herein unless varied Seller being able to obtain marketable title. Buyer agrees to notify Seller in writing of any defects in title as soon as reasonably possible and if title proves to be not good and marketable/insurable by the Supplier escrow company, then Seller shall be given a reasonable opportunity to remedy the title, and if Seller is unable to do so, then this transaction shall be canceled and Buyer shall be entitled to a full refund of its xxxxxxx money. Buyer expressly waives the remedy of specific performance in writing and these conditions will take precedence over any terms, conditions or stipulations contained in any of the Buyer's documentation which may be in conflict herewithevent seller is unable to convey title. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with the conditions set forth herein, then, notwithstanding anything to the contrary stipulated by the Buyer, the conditions set forth herein shall prevail and be of full force and effect unless specifically varied by the Supplier in writing with specific reference to the Buyer’s contrary documentation. 2) Prices and discounts are those ruling at the date of dispatch of the goods and the Supplier Seller reserves the right to adjust continue to offer Property for sale until this offer has been formally accepted in writing, xxxxxxx money has been deposited by Buyer, and all contingencies removed in writing. Inspection examinations, certifications, appraisals, research, closings, repair estimates, repairs, or change any prices and/or discounts at any time on reasonable notice other services may be performed by vendors or contractors selected or recommended by Seller, or by Seller itself, as a convenience to the buyerparties. 3) The Buyer acknowledges agrees to hold harmless the Sellers as to the performance or nonperformance and costs of such vendors or contractors and is using such vendor or information obtained by such vendors at their own risk. It is agreed that payment time is due within (30) thirty days from date of statementthe essence with respect to all dates specified in the Agreement and any addenda, which date will be the last day of each succeeding month during which a particular delivery was maderiders, or amendments thereto. Should the Buyer be entitled to any settlement, this is This means that all deadlines are intended to be agreed in writing strict and absolute. If the closing does not occur by the Supplier. To qualify for any settlement discountClosing Date, the payment needs to be reflected in Agreement is automatically terminated and the bank account of the Supplier on or before the last day of the month within the agreed termsSeller shall retain any xxxxxxx money deposit as liquidated damages. i) In the event that Buyer requests an extension of the account becomes overdueClosing Date or of the deadline for the fulfillment of any contingency, and the Supplier shall be entitled to charge interest on the overdue balance at the maximum rate permitted in law. 4) The Supplier has the discretion at all times whether or not to sell Seller agrees to the Buyer. The Supplier may withdraw any limit or withdraw the account facility or may vary the extent, nature and duration of such facilities at any time without prior notice and without giving reason, therefore. i) The Supplier has the right to adjust the Buyer’s limit without written consent to cater for increased or reduced buying patterns. 5) The Supplier’s discretion to sell in terms hereof may be guided by inter alia the following: i) The availability of stock. ii) Timeous receipt by the Supplier of any drawings, designs and specifications that may be required by the Supplier from the Buyer provided that such drawings, designs and specifications shall be deemed to have been given to the Supplier for the purpose of description only and shall not form part of the contract. 6) Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery or have any claim of any nature whatsoever against the Supplier arising from late delivery 7) The Supplier shall be exempted from and shall not be liable under any circumstances whatsoever for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not which the Buyer may suffer as a result of any delay in delivery of the goods ordered. 8) Ownership in the goods sold and delivered to the Buyer on account shall pass to the Buyer only when all amounts due by the Buyer to the Supplier has been paid, notwithstanding delivery of the goods to the Buyer. Risk in and to the goods shall however pass to the Buyer on delivery. 9) A signed Delivery Note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer. 10) Set off shall operate automatically as a matter of law at the moment reciprocal debts between the Supplier and the Buyer come into existence and independently of the will of the parties and it shall not be necessary for either the Supplier or the Buyer to specifically raise set off. Upon the operation of an automatic set off aforementioned, the debt shall be mutually extinguished to the extent of the lesser debt with retrospective effect. 11) The Buyer agrees and acknowledges that in the event of – i) the Buyer breaching any condition contained in these conditions; ii) the Buyer failing to pay any amount due and payable on due date; iii) the Buyer suffering any civil judgment to be taken or entered against it; iv) the Buyer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936, as amended; v) the Buyer passing away; vi)the Buyer's estate being placed under any order of provisional or final sequestration, provisional or final winding up, or provisional or final judicial management, as the case may be; then the Supplier shall, without detracting from any other remedies which may be available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice to repossess those goods sold and delivered by the Supplier to the Buyer, or to claim specific performance of all of the Buyer's obligations, whether or not such obligations would otherwise then have fallen due for performance, in either event without prejudice to the Supplier’s right to claim damages. In addition, the Buyer shall be precluded from raising any complaints or disputing liability to the Supplier in any way unless it shall have notified the Supplier of its complaints or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeout raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from the Supplier pending the resolution of such dispute or complaint. Subject to the foregoing, the Supplier shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing, replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods. 12) Should the Buyer have any complaint of whatsoever nature concerning any of the goods which are not manufactured by the Supplier, it shall be entitled to require the Supplier to cede to it any rights, which the Supplier may have against the original Supplier of those goods but shall have no other claim against the Supplier in respect of the matter complained of. The Buyer shall not be entitled to withhold payment from the Supplier in respect of such goods for any reason whatsoever. 13) Should the Supplier agree to accept the return of any goods, the Buyer shall be liable to pay the Supplier a handling charge of not less than 10% on the invoiced price of the goods so returned. (subject to damages suffered, the purchase price will be repaid, where applicable by set off against other amounts due by the Buyer). 14) In the event of the Supplier or its agents instructing attorneys to collect from the Buyer an amount owing to the Supplierextension, the Buyer agrees to pay all costs on to the scale as between attorney and own client, including collection commission and tracing charges. 15) In the event Seller a per diem penalty of the Supplier greater of $50.00 or its agent instructing a Debt Collector to collect from 1/10 of 1% of the Buyer an purchase price per calendar day towards Seller’s carrying costs, through and including the Closing Date specified in the written extension agreement. The per diem amount owing to the Supplier, the Buyer agrees to pay collection commission in accordance must be deposited with the Debt Collectors Act (ActSeller at the time any request for extension is made. 114 of 1998)This contract shall be binding on both parties, their principals, heirs, personal representatives, or assigns. 16) It is a condition of each sale agreed that the goods are sold "voetstoots" listing broker in this transaction, if any, is ___N/A___ and without any warranties or representations whatsoever. 17) Should the Buyer have previously made application to the Supplier for credit facilitiesselling broker in this transaction, which said application would have embodied terms and conditions and should the Buyer have furnished any security to the Supplier for the due obligations of the Buyer to the Supplier on any previous occasionif any, the customer records and acknowledges that the signature by it on this document shall not be regarded as a novation of any such previous agreement or any prior security given by it to the Supplieris ___N/A___. The Buyer furthermore records and acknowledges that, in so far as any provision contained herein may be inconsistent with any provisions contained in any document previously executed by it, parties hereto further agree that this written contract expresses the provisions of this document shall prevail. 18) When the Supplier is required to manufacture or supply goods to the Buyers' specification and/or drawings, or carries out work accordi ng to the Buyer's instructions, or those of its nominees, the Supplier accepts no responsibility for the efficiency or workability of goods so manufactured or work so carried out. 19) Save as otherwise specifically provided for herein, the Supplier shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever or any loss of profit, or special damages of any nature whatsoever and whether in the contemplation of entire agreement between the parties and that there is no other agreement, oral or not which otherwise, modifying the Buyer may suffer as a result of any breach by the Supplier of any of its obligations under these conditions or out of any other court whatsoeverterms hereunder. The Buyer hereby indemnifies undersigned jointly and severally agree to purchase and sell the Supplier against any claim which may be made against the Supplier by any other person in respect of any matter for which the liability of the Supplier is excluded in terms of the foregoing. 20) The Buyer consents to the jurisdiction of the Magistrates' Court in terms of Section 45 of the Magistrates' Court Act, No. 32 of 1944, as amended, having jurisdiction under Section 28 of the said Act, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrate' Court. 21) The Buyer nominates as it's address for services for all notices or processes arising here from as the address reflected above-described property on the face hereof under the heading “Registered office/Physical address”, and the surety nominates as his address for services for all notices or processes arising here from the address reflected on the face hereof alongside his name, for service upon the Buyer and the Surety respectively of all notices and processes in connection with any claim for any sum due to the Supplier or any ceded claim. 22) No relaxation or indulgence granted to the Buyer by the Supplier, at any time, shall be deemed to be a waiver of any of the Supplier's rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppel against stated in the Supplier. 23) Any agreement purporting to vary or novate the terms foregoing instrument and attached addendum that must be attached and included as part of this agreement, or any consensual cancellation, contract. The CLOSING OF THIS TRANSACTION shall not be valid unless reduced to writing and signed constitute as acknowledgment by the Buyer and the SupplierBuyer(s) that THE PREMISES WERE ACCEPTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE AND IN ITS PRESENT “AS IS” CONDITION BASED SOLELY ON BUYER’S OWN INSPECTION. i) The Buyer understands that the information given in relation to this agreement will assist the Supplier in determining whether or not to sell to the Buyer and will be used by the Supplier for the purposes of assessing its creditworthiness. The Buyer confirms that the information given by it is accurate and complete. The Buyer further agrees to update the information supplied, as and when necessary, to ensure the accuracy and completeness of the above information. ii) The Buyer hereby authorises the Supplier or its agents at all times to contact and request information from any persons, credit bureaux or businesses, including those mentioned under trade references, and to obtain any information relevant to the Buyer’s credit assessment. (to determine the Buyers ability to pay for the goods) iii) If the Buyer fails to meet its obligations under these terms and conditions of sale, it authorises the Supplier or its agents to record its non-performance with any credit bureau, which information will be available to third parties. The Buyer further authorises researching its records at any credit bureaux, use new information and data obtained from any credit bureaux in respect of details of how the Buyer has performed in terms of these terms and conditions of sale. iv) The Buyer hereby authorises the Supplier or its agents at all times to furnish information concerning the Buyer’s dealings with the Supplier, including without being limited to, the Buyer’s credit worthiness and defaulting payments to the Supplier. INITIAL 24) The Buyer and Surety agree that in the event of the account becoming overdue and remaining unpaid for 30 days past original due date, that the Supplier and / or its agents may adverse list the Buyer and / or Surety with any credit bureau and that this clause serves as Notice of this due action. 25) In these conditions, words importing one gender shall include the other gender, and words importing the singular, shall include the plural (and vice versa)BUYER Date SELLER Date ________________________________________ ________________ __________________ ____________________________ _____________ ___________________________________ BUYER Date SELLER Date ________________________________________ ________________ __________________ ____________________________ _____________ _________________________________