(Application must be completed in full)
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The applicant or its duly authorized agent does hereby apply for credit facilities with the creditor and in consideration thereof the applicant does hereby irrevocably accept the following terms and conditions:

  1. A certificate signed by the secretary/manager or any director of the creditor reflecting the amount owing by the applicant to the creditor in respect of the credit facilities granted to the applicant in terms hereof relating to the applicant's dealings with the creditor and of the fact that such amount is due, owing and unpaid shall be prima facie proof of the effect therein stated for the purpose of any action (whether by way of provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claim is required to be established and it shall rest with the applicant to prove that such amount is now owing and/or due and unpaid.
  2. Alle outstanding amounts are payable 30 days after date of statement. Should payment not be received within the specified time, outstanding amounts will bear interest at 2% per month. All overdue sums/amounts
  3. Quotations that are not accepted within thirty (30) days after receipt thereof, will be considered to be cancelled.
  4. Orders are to be placed in writing.
  5. Agpack can, at its own discretion, cancel a contract/order because of any reasons beyond its control.
  6. Because of the complex nature of the packaging chain, Agpack gives no guarantee re the suitability of goods supplied and Agpack will not be liable for any direct or indirect loss or damage, including loss for third parties.
  7. No payment to Agpack may be withheld due to any alleged claim or debt setoffs.
  8. Notwithstanding the amount which may at anytime be owing by the applicant to the creditor, the parties do hereby consent, in terms of section 45 of the magistrates court act (no. 32 of 1944 as amended), to the jurisdiction for the determination of any action or proceeding otherwise beyond the jurisdiction of the said court which may be brought by the creditor against the applicant arising out of any transaction between the parties, it being recorded that the creditor shall be entitled, but not obliged, to bring any action or any proceeding in the said court and that all costs incurred in any action against the applicant in any competent court including costs on an attorney/client scale and attorneys collection commissions will be paid by the applicant.
  9. Change of name or any changes to the customer's way of business, must be communicated to Agpack in writing.
  10. Delivery costs are for the customer's account, or as otherwise agreed.
  11. For all purposes hereof, both parties appoint as their domicilium citandi et executandi their addresses as supplied in this document.
  12. The applicator gives permission that Agpack may do credit references on them.
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