this contract represents the entire agreement between the Customer and B&D System Engineers cc (thereinafter called 'B&D') and that no alterations or additions to this contract may be effected unless agreed to by both parties. Reduced to writing and signed by the Customer and a duty authorized representative of 'B&D';

that this agreement will govern all future contractual relationships, between the parties; and

The Customer hereby acknowledges that he has read and understands each term of this agreement and accepts it as binding

The Customer warrants that the signatory on the reverse side has been duly authorized to contract on his behalf

The signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to B&D and agrees that these Standard Conditions will apply mutatis mutandis to him/her

The Customer acknowledges that no representations were made by B&D in regard to the goods or services or any of its qualities leading up to this contract

The Customer agrees that neither B&D nor any of its employees will be liable for any negligent or innocent misrepresentation made to the Customer

All quotes will remain valid for a period of 30 days from the date of the quote. The validity of any price quoted is subject to any increases in the cost price of B&D before the dispatch of goods

The Customer hereby confirms that the goods and services on the reverse side duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and conform to the quality ordered

Any delivery note (copy or original) signed by the Customer and held by B&D shall be conclusive proof that delivery was made to the Customer

All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be canceled

B&D shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides

B&D shall be entitled to invoice each delivery actually made separately

The risk of damage to or destruction of goods passes on the Customer on conclusion of the agreement of sale

In the case of repairs undertaken by B&D, repair times given are merely estimates and are not binding

All goods taken on an approval basis by the Customer is deemed sold if not returned within 7 days of issue

If B&D agrees to engage a third party to transport the goods, B&D is hereby authorized to engage a third party on the Customer's behalf and on the terms deemed fit by B&D

The Customer agrees to indemnify B&D against any claims that may arise from such agreement against B&D

In the event of goods that are defective, the rights of the Customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than B&D. Under no circumstances will B&D be liable for damage arising from misuse or abuse of the goods

Liability under Clause 7.1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of B&D. It is the duty of the Customer to return any defective goods to the premises of B&D at his own cost

Any item delivered to B&D will form the object of a pledge in favor of B&D at present and past debts

Under no circumstances will B&D be liable for consequential damages

No claim under this contract will arise unless the Customer has given B&D thirty days written notice by prepaid registered post to rectify any defect or breach of contract

The Customer agrees to pay the amount on the invoice at the offices of B&D

The Customer is not entitled to set of any amount due to the Customer by B&D against this debt

The Customer hereby agrees that any item handed in for repair may be sold by B&D to defray the cost of such repairs if the item remains uncollected within thirty days of the repairs being completed

The Customer agrees that if an account is not settled in full

within the period agreed to according to clause 10 above in the case of Approved Customers;

B&D is entitled to immediately institute action against the Customer at the sole expense of the Customer and claim damages

The Customer agrees that the amount payable on any moneys due and payable to B&D shall be determined and proven by a certificate issued by B&D and signed on its behalf by any duly authorized person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer

The Customer agrees that interest shall be payable on any moneys due to B&D at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be concluded from the date of order

the difference between the selling price and the value of the goods at the time of repossession and

all other costs incurred in the repossession of the goods.

The value of repossessed goods will be deemed to be the value placed on them by any sworn valuator after such valuation will be conclusive proof of the value

The Customer indemnifies B&D completely against any damage whatsoever relating to the removed or repossessed goods

All goods supplied by B&D remain the property of B&D until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without the prior written consent of B&D

The Customer shall be liable to B&D for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney a counsel incurred B&D in the event of

any litigation in regard to the validity and enforceability of this agreement.

The Customer will also be liable for any collection or valuation fees incurred

The Customer shall pay one thousand five hundred Rand in to court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer

The Customer agrees that B&D will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts

The Customer agrees that no indulgence whatsoever by B&D will affect the terms of this agreement or any of the rights of B&D and such indulgence shall not constitute a waiver by B&D in respect of any of its rights herein. Under no circumstances will B&D be stopped from exercising any of its rights in terms of this contract

B&D shall have the right to institute any action in either the Magistrate's Court or the Supreme Court at its sole discretion

Any document will be deemed duly presented to the Customer within

three days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or

on being delivered by hand to the Customer or any director, member or owner of the Customer

The Customer chooses as its domicillium citandi et executandi its business address or the physical address of any director (in the case of a company), member (in the case of close corporations) or of the owner(s) or partners

The Customer agrees to the standard rates of B&D for any goods or services rendered, which rates may be obtained on request

The invalidity of any part of this contract will not affect the validity of any other part

Any order is subject to cancellation by B&D due to force mojeure from any cause beyond the control of B&D, including (without restricting this clause to these instances): inability to secure labor, power materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state or emergency, strike, lockout, or other labor disputes, fire, flood, drought or legislation