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SECTION B –Terms and Conditions of Sale
فوركس المصطفى 1.1 Any quotation, tender, order, or contract of sale between Jocastro and the Customer in respect of Products, and any variation thereto, shall be subject to the terms and conditions contained in these Terms.
valutahandel isk 1.2 By placing an order and thereby accepting these Terms, the Customer shall be deemed to have agreed that all existing arrangements between Jocastro and the Customer in respect of Products shall be governed by these Terms.
2. QUOTATION AND PRICE
ماهو افضل موقع فوركس 2.1 Quotations are subject to the availability of raw materials and stocks of any Products at the time of manufacture and/or delivery.
توقعات اسعار الذهب 2.2 Save as may be specified on any quotation form, prices are not subject to any discount and are applicable to deliveries made during normal working hours, from Monday to Friday.
متى بيع اسهم البنك الاهلي 2.3 All prices are strictly nett and inclusive of Value Added Tax. In the case of delivery other than delivery at the factory, prices are subject to adjustment in respect of any increase / decrease in the cost of delivery arising directly or indirectly from any one or more causes, in particular:
الخيارات الثنائية حرام 2.3.1 in the case of delivery by rail or road any increase in Spoornet railage and / or transport rates and / or any other transport costs, including fuel costs.
التداول forex 2.3.2 Any statutes or law or regulation, bye-law or notice having the effect of law.
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سوق الاسهم السعودي تداول مباشر 3.1 Any order by the Customer for Products (including any acceptance of a quotation) shall be duly authorised and recorded on the Customer’s official written Purchase Order, together with the order number, delivery address, invoicing address and all other pertinent details required for Jocastro to execute the order.
أسعار الاسهم بوان 3.2 The Customer’s order shall be binding on Jocastro when Jocastro duly authorises and notes its acceptance on its Acknowledgement of the Purchase Order and transmits this to the Customer.
افضل موقع لمتابعة الاسهم مباشر 3.3 No order accepted by Jocastro shall be varied or cancelled by the Customer except with the written consent of Jocastro.
دعوة الخيار ثنائي أو وضع 3.4 Jocastro may split an order to facilitate payment by the Customer to Jocastro on a monthly statement of account.
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تداول للاسهم السعوديه 3.6 Jocastro shall have the right, in its sole discretion, to appoint subcontractors and to provide alternative products.
4. PAYMENT TERMS
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4.2 The outstanding balance as reflected on the tax invoice shall be payable:
4.2.1 promptly upon presentation of the tax invoice to the Customer, and before the delivery of the goods; or
4.2.2 in the case of a Credit Approved Customer, within 30 (thirty) days from the date of the tax invoice.
4.2 A Credit Approved Customer, which fails to make payment in accordance with clause 4.1.2, forfeits its right to credit facilities granted in terms of clause 5 and all amounts outstanding to its account shall become immediately due and payable.
4.3 A certificate purportedly signed by the secretary/manger and/or any director/member of Jocastro (whose authority need not be proved) in respect of the indebtedness of the Customer shall be prima facie proof of the amount due to Jocastro by the Customer.
4.4 The Customer shall not be entitled to claim any set-off or deduction in respect of any payment due by the Customer to Jocastro for Products.
4.5 Jocastro shall have the right, in its sole discretion, to appropriate payment made by the Customer to such accounts of the Customer as it may decide on.
4.6 Should the customer be required or choose to effect payment via an Electronic Funds Transfer (EFT) or direct deposit, payment must be made to the following Account:
Nedbank Cheque Account
Account Name: Jocastro (Pty) Ltd
Account Number: 123 214 0864
Branch Code: 123 209 00 (Note: Certain banks do not require the last 2 digits of the branch code)
Reference: Tax Invoice Number
5. CREDIT FACILITIES
5.1 Jocastro may, in its sole discretion, grant credit facilities to the Customer.
5.2 In order to qualify for credit facilities, the Customer shall:
5.2.1 complete Jocastro’s Standard Application for Credit Facilities to the satisfaction of Jocastro; and
5.2.2 transmit to Jocastro the original Standard Application for Credit Facilities, signed by the Customer’s duly authorised representative, together with any related documentation.
5.3 Jocastro shall have the right, in its sole discretion, to amend or withdraw any credit facilities granted to the Customer, without notice to the Customer, and any amounts then owing to Jocastro by the Customer under the credit facilities, which will become due and payable on demand.
5.4 The Customer consents to Jocastro obtaining from and / or sharing information on the Customers’ account with other credit grantors and / or credit bureau. Information obtained and / or shared with such companies is used only to make credit granting decisions and to prevent fraud.
6. FORM OF PAYMENT
6.1 Payment by the Customer is to be made in cash at Jocastro’s premises or by electronic transfer of funds or direct deposit into Jocastro’s bank account.
6.2 Payment by cheque, or any other form of payment not described in clause 6.1, will not constitute payment in cash unless and until the Customer’s bank or any other financial institution either clears or guarantees the cheque as being “good for funds”.
6.3 Cheques delayed or lost in transit will not constitute payment.
6.4 Where the Customer’s cheque is dishonoured, Jocastro shall have the right to proceed against the Customer for recovery of the debt, and the Customer waives its right to insist on notice of dishonour or protest being given to it.
7. LATE PAYMENTS
7.1 Any amounts not paid by the Customer by due date shall bear interest at 2% (two per cent) above the prime lending rate, calculated daily and compounded monthly from date of acceptance of the order to the date of payment.
8.1 Jocastro shall provide the dates and times of delivery of Products in good faith and shall not be liable to the Customer for any subsequent variations.
8.2 Jocastro shall be entitled, in its sole discretion, to split the delivery of Products in quantities, on the dates and at the times it decides, and to invoice separately each delivery actually made.
8.3 Any delivery of Products by Jocastro to the Customer shall be deemed to be completed when the Products are off-loaded at the delivery address of the Customer, failing which, the premises of the Customer, or when the Products are handed over to the third party engaged to transport the Products on behalf of the Customer in terms of clause 8.6.
8.4 The Customer shall provide suitable access roads to and level ground at the point of off-loading at the delivery address or premises of the Customer.
8.5 Delivery will be in full economical loads and at one point only. Jocastro will under no circumstances string Products on site or at the point of delivery.
8.6 If Jocastro agrees to engage a third party to transport the Products, Jocastro is hereby authorised to engage, at the cost of the Customer, such third party on the Customer's behalf and on the terms deemed fit by Jocastro. The Customer indemnifies Jocastro and holds it harmless against any claims that may arise from such agreement.
8.7 The signature of any employee or representative of the Customer on Jocastro’s Delivery Note (copy or original) shall be prima facie proof that the type and quantity of Products, manufactured to the correct specifications, were properly delivered to and accepted by the Customer.
9. RETURN OF GOODS
9.1 If the Customer inspects the Products and finds all or any of them do not comply with the standards set by the South African Bureau of Standards or that they have been incorrectly delivered (“the Returnable Material(s)”), then the Customer may return the Returnable Material(s) within 7 (seven) days of the date of delivery at its own cost and in the original packaging with the Delivery Note endorsed with details of the complaint.
9.2 Jocastro shall have the right, in its sole discretion, to accept or refuse to grant credit for or to repair or replace the Returnable Material(s).
9.3 Subject to clause 9.1, the Customer shall not return any Products except at the sole discretion of Jocastro and in accordance with a written agreement with Jocastro.
10. OWNERSHIP & RISK
10.1 Ownership in the Products shall not pass to the Customer until they have been paid for in full.
10.2 The risk of damage to, destruction or theft of the Products shall pass to the Customer on completion of delivery as referred to in clause 8.3.
10.3 The Customer shall insure the Products against loss and damage, to the satisfaction of Jocastro, until the Products have been paid for in full.
10.4 Until the Products have been paid for in full, the Customer shall not encumber the Products or purport to transfer ownership in the Products to any third party and shall advise third parties of Jocastro’s rights in the Products.
10.5 The Customer authorises Jocastro to enter its premises to repossess, pursuant to clause 13.1.2, any Products delivered and indemnifies Jocastro and holds it harmless against any damage whatsoever relating to the removal of such Products.
10.6 Where ownership in the Products sought to be repossessed has passed to the Customer or to a third party by operation of law, the Customer shall or shall procure the re-transfer of such Products to Jocastro.
11.1 Jocastro warrants that the Products shall meet the standards set by the South African Bureau of Standards, provided that the Products are not tampered with or stored or used outside Jocastro’s specifications.
11.2 All other warranties, whether express or implied, including any warranty that the Products are fit for a particular purpose, including the purpose for which they were ordered, are hereby specifically excluded.
11.3 Jocastro’s liability for any breach of this warranty shall be limited to the repair or replacement of the Products.
12. EXCLUSION OF LIABILITY
12.1 Jocastro shall not be liable to the Customer for any loss or damage arising out of the improper or negligent use of Products, and the Customer indemnifies Jocastro against any claims arising from the use of the Products by third parties.
12.2 Jocastro shall not be liable to the Customer for any loss resulting from the delay in or cancellation of the Customer’s order arising from a cause beyond Jocastro’s control, including but not limited to, inability to secure labour, power, Products or supplies, computer services, act of God, war, civil disturbance, riot, state of emergency, strike, lockout, other labour disputes, fire, flood, drought or legislation.
12.3 Jocastro shall not be liable for any negligent or innocent misrepresentation made by it or its employees.
12.4 Jocastro shall not be liable under any circumstances for any special, indirect or consequential damages, including but not limited to, loss of profit.
13.1 If the Customer has not paid Jocastro in full by the due date or breaches any other term of these Terms, or if Jocastro receives information relating to any application for the liquidation or sequestration, any compromise with creditors or any execution against the assets of the Customer, then Jocastro shall have the right, in its sole discretion and without prejudice to any other right it may have in law:
13.1.1 to cancel the contract;
13.1.2 to repossess and/or recover any Products delivered to the Customer;
13.1.3 to institute action to recover any outstanding amounts, which shall be immediately due and payable, and/ or damages; and/ or
13.1.4 to stop or suspend supply of Products and to demand payment for Products manufactured and/ or awaiting delivery.
13.2 For the purposes of clause 12.1.2, where Jocastro repossesses Products, the Customer shall be liable inter alia for the difference between the selling price and the value of any Products at the time of repossession, as well as for the costs of repossession. A sworn valuation shall be prima facie proof of the value of the repossessed Products. If the Products are not recovered for any reason whatsoever, the value shall be deemed to be zero.
13.3 No claim under these Terms shall arise unless:
13.3.1 it is supported by the original tax invoice; and
13.3.2 the Customer has, within 7 (seven) days of the alleged breach occurring, given Jocastro 30 (thirty) days written notice by prepaid registered post to rectify any breach of these Terms.
14.1 The Customer shall be liable to Jocastro for all legal expenses on the attorney-and-own-client scale incurred by Jocastro in the event of any default by the Customer or any litigation in regard to the validity and enforceability of these Terms.
14.2 The Customer shall be liable for any tracing, collection or valuation fees incurred as well as for any costs, including stamp duties, for any form of security that Jocastro may demand.
15.1 Any document shall be deemed to have been received by the Customer:
15.1.1 within 3 (three) days of posting the document by prepaid registered mail, or within 48 (forty-eight) hours of posting it by overnight courier, or within 7 (seven) days of posting it by surface mail to the business or postal addresses of the Customer or to the personal address of any director, member, partner or owner of the Customer;
15.1.2 within 14 (fourteen) hours of being faxed to any of the fax numbers of the Customer or any director, member, partner or owner of the Customer; or
15.1.3 on being delivered by hand to the Customer or any director, member, partner or owner of the Customer.
15.2 The Customer chooses as its address for legal execution its business address or the physical addresses of any director, member, partner or owner of the Customer.
15.3 The Customer undertakes to inform Jocastro in writing:
15.3.1 within 7 (seven) days of any change of director, member, partner or owner or address; and
15.3.2 14 (fourteen) days prior to the selling or alienating of the Customer’s business.
16.1 These Terms represent the entire agreement between the Customer and Jocastro, and no other terms or conditions, whether express or implied, will apply unless such addition or variation is agreed to by Jocastro in writing. Similarly, no cancellation will be effective unless in writing.
16.2 No indulgence whatsoever by Jocastro will affect these Terms or any of the rights of Jocastro and such indulgence shall not constitutea waiver by Jocastro in respect of any of its rights herein. Under no circumstances will Jocastro be stopped from exercising any of its rights under these Terms.
16.3 Each of the terms herein shall be a separate and divisible term so that the invalidity of any part of these Terms shall not affect the validity of any other part.
16.4 The Customer does not rely on any representations made by Jocastro in respect of the Products other than those contained in these Terms. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by Jocastro in respect of the Products are for information only and shall not form part of the Agreement unless agreed to by Jocastro in writing.
16.5 These Terms and their interpretation are subject to South African law. The Customer hereby consents to the jurisdiction of the Magistrates Court in terms of section 45 of the Magistrate’s Court Act 1944, as amended. Jocastro shall have the right, in its sole discretion, to institute any legal action in the Magistrate’s Court or High Court of South Africa.
17.1 Jocastro shall have the right, in its sole discretion, to request personal suretyships from the employees or representatives of the Customer or an alternative form of security in respect of payment by the Customer.
17.2 If the Customer is unwilling or unable to provide suretyships or an alternative form of security to the satisfaction of Jocastro, Jocastro shall be entitled to withdraw any offer of sale or any credit facilities.
SECTION C – SURETYSHIP
1.1 I, by my signature hereto (which appears below) do, in addition to the above, hereby bind myself in my private and individual capacity as surety and co-principal in solidum with the Applicant in favour of Jocastro for the due performance of any obligation of the Applicant and for the payment to Jocastro by the Applicant of any amounts which may now or at any time be or become owing to Jocastro by the Applicant from whatsoever cause arising and including, but without limiting the generality of the aforegoing, any claims and actions against the Applicant acquired by way of cession.
1.2 This suretyship shall be a continuing covering guarantee/surety which may only be cancelled in writing by Jocastro and then only, in the event that the sums then owing by the Applicant (whether due or not) to Jocastro have been paid in full. I hereby renounce the benefits of the legal exceptions “non Causa Debiti”, “Ordinis Seu Excussionis et Divisionis” and “cession of Action” with the force, meaning and effect of which I declare myself to be fully acquainted. I furthermore bind myself irrevocably to all of the terms and conditions set out in this agreement.
SIGNED AT ………………....…...……. ON THIS THE ……….. DAY OF …….......……........ 20…... before the undersigned witnesses.
1. …………………….…………… ..........................................…………………
SURETY SIGNATURE NAME
WITNESS SIGNATURE NAME
WITNESS SIGNATURE NAME
Signed by THE APPLICANT or its duly authorised agent / signatory, and signed by me (us) in my
(our) personal capacity (ies) as surety (ies) and co-principal debtor/s, who hereby warrants that
such individual (s) or entity (ies) is (are) authorised to sign on behalf of THE APPLICANT.
SIGNED AT ………………....………... ON THIS THE ……….. DAY OF …….………..………...........20.….. before the undersigned witnesses.
1. …………………….…………… ..........................................…………………
APPLICANT SIGNATURE NAME
WITNESS SIGNATURE NAME
WITNESS SIGNATURE NAME