MOTORELLI (PTY) LTD TERMS AND CONDITIONS OF SALE

  • The Debtor agrees to abide by the credit facilities granted by MOTORELLI (PTY) LTD.
  • The credit facility may be suspended or withdrawn by MOTORELLI (PTY) LTD at any time without prior notice to the Debtor and MOTORELLI (PTY) LTD reserves the right to review the extent, nature and duration of such credit facility at any time.
  • Any order from the debtor will be considered an irrevocable order and the debtor will remain liable for payment of the order unless MOTORELLI (PTY) LTD agrees to the cancellation of the order.
  • If any amount is not paid within the agreed payment term, the Debtor will be liable for interest at the maximum rate permitted by law from time to time, including without limiting the generality therefore, the Usury Act No. 73 of 1968 and the credit agreements Act No. 75 of 1980.
  • A certificate under the hand of any manager of MOTORELLI (PTY) LTD as to the existence and the amount of the Debtors indebtedness to MOTORELLI (PTY) LTD at any time, as to the fact that such amount is due and payable, the amount of interest accrued thereon and as to any other fact relating to the Debtors indebtedness to MOTORELLI (PTY) LTD, shall be prima facie proof of the contents and correctness thereof and of the amount of the Debtors indebtedness to MOTORELLI (PTY) LTD for the purpose of provisional sentence or summary judgement or any other proceedings against the Debtor in any court, and shall be valid as a liquid document for such purposes. It shall not be necessary to prove the appointment of the person signing such certificate and such certificate shall be binding on the Debtor and shall be deemed to be of sufficient particularity for the purpose of pleading or trial in any action of other proceeding instituted by MOTORELLI (PTY) LTD against the Debtor.
  • Ownership in the goods sold and delivered to the Debtor on account shall pass to the debtor only when all amounts due by the Debtor to MOTORELLI (PTY) LTD has been paid, notwithstanding delivery of such goods to the Debtor. Risk in and to the goods shall however pass to the Debtor on delivery.
  • The Debtor agrees that in the event of the Debtor breaching any conditions contained herein; the Debtor failing to pay any amount due and payable on due date; the Debtor suffering any civil judgement to be token or entered against it; the Debtor suffering any civil judgement to be taken or entered against it; the Debtor causing a notice of surrender of its estate to be published in terms of the insolvency Act No. 24 of 1936, as amended, the Debtor dying or being deregistered; the Debtors estate being placed under an order of provisional or final sequestration, provisional or final liquidation, provisional or final judicial management as the case may be, then and in that event MOTORELLI (PTY) LTD shall, without detracting from any other remedy which it may have to rely on the provisions of clause 5 and to repossess the goods sold and delivered to the Debtor, have the right, in either event, without prejudice to MOTORELLI (PTY) LTD rights, to claim specific performance of all of the Debtors obligations whether or not such obligations would otherwise then have fallen due for performance, or claim damages.
  • In the event of MOTORELLI (PTY) LTD instructing attorneys to collect from the Debtor an amount owing to MOTORELLI (PTY) LTD, the Debtor agrees to pay all legal costs, tracing fees and collection charges incurred by MOTORELLI (PTY) LTD as between attorney and own client.
  • The Debtor 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 by MOTORELU PTY) LTD exceeds the normal jurisdiction of the Magistrates’ Court as to amount. MOTORELLI (PTY) LTD shall in its discretion be entitled to proceed against the Debtor in any other Court of competent jurisdiction, notwithstanding the aforegoing.
  • The Debtor nominates its business address as indicated on the Credit Application Form as its domicillium citandi et executandi for service upon it of all notices and processes in connection with any claim for any sum due to MOTORELLI (PTY) LTD arising out of credit granted by MOTORELLI (PTY) LTD to the Debtor.
  • No relaxation or indulgence granted to the Debtor by MOTORELLI (PTY) LTD at any time shall be deemed to be a waiver of any of MOTORELLI (PTY) LTD rights in terms hereof and such relaxation or indulgence shall not be deemed a novotion of any of the terms and conditions set out herein, or create any estoppel against MOTORELLI (PTY) LTD.
  • MOTORELLI (PTY) LTD guarantees all new electric motors for a period of 18 months from commissioning or 24 months from date of delivery against faulty materials and / or workmanship, whichever is soonest. Any other goods are sold ‘voetstoots’ and without any warranties whatsoever. Subject to the aforegoing, MOTORELLI (PTY) LTD shall, in its discretion, be entitled to remedy any failure by either replacing the electric motors or other goods in question or refunding the whole or part of the contract price paid to it by the Debtor in respect of such goods (in which case the Debtor shall return to MOTORELLI (PTY) LTD the goods in respect of which the refund is allowed).
  • Any agreement purporting to vary the terms hereof or any consensual cancellation hereof, shall not be valid unless reduced to writing and signed by both the Debtor and MOTORELLI (PTY) LTD.
  • Save as otherwise provided herein, MOTORELLI (PTY) LTD shall not be liable to the Debtor or any other person for any loss of profit or other special damages whatsoever. The Debtor hereby indemnifies MOTORELLI (PTY) LTD against any claim which may be made against MOTORELLI (PTY) LTD by any other person in respect of any matter for which the liability of MOTORELLI (PTY) LTD is excluded in terms of the aforegoing.
  • If the Debtor intends transferring its business, the goodwill or any goods or property forming part thereof (other than in the ordinary course of business or for securing payment of a debt), the Debtor shall advise MOTORELLI (PTY) LTD in writing thereof not less than thirty days before the effective date of such transfer.
  • The Debtor agrees that any payment made can be setoff against any amount owing to MOTORELLI (PTY) LTD in the sole discretion of the MOTORELLI (PTY) LTD.