Terms and Conditions-Sales

1. The amount of credit granted to the client by Siyakhula Development and the period of the payment may at any time be terminated, curtailed or varied, to the extent that such facilities have not been used, without prior notice to the client.

2. The client shall pay the full purchase price agreed to Siyakhula Development without set off or deduction for any reason whatsoever on presentation of statement and invoice, unless specific alternative credit facilities and terms had been agreed. If at any time the client is in default of any of its obligations to Siyakhula Development in respect of programs/services delivered, Siyakhula Development shall be entitled to declare all amounts then owing to be immediately due and payable and to terminate any existing and/or unutilised credit facilities.

3. The purchase price shall be the price agreed at the time of the acceptance of the program registration or acceptance of the order.

4. Should the purchase price not be paid in full on the due date, Siyakhula Development shall be entitled to charge the client interest on overdue amounts at a rate from time to time equal to 2% (two) above the prime bank overdraft rate charged by ABSA.

5. The client hereby authorised its bankers to release to Siyakhula Development any information which Siyakhula Development in its discretion require concerning the client’s banking account, such information be furnished on the delivery to the client’s banker or a copy of this document bearing the client’s signature or a photocopy thereof.

6. The client shall remain liable to the Siyakhula Development in full notwithstanding the sale of its business as a going concern.

7. Siyakhula Development shall at any time be entitled to retake possession of any course/program materials, manuals and documentation sold to the client and which the client has not paid for.

8. Siyakhula Development at its sole discretion may require the client to pay those amounts not yet due, where there is a likelihood of the client being unable to make the payment on the due date.

9. Risk or loss of materials, documentation and manuals shall be deemed to pass to the client upon delivery.

10. Notwithstanding delivery, ownership of the materials, documentation and manuals sold to the client, shall remain vested in Siyakhula Development until the purchase price thereof has been paid in full.

11. Any agreed delivery date shall only be approximate and Siyakhula Development will incur no liability to the client for any delay in delivery.

12. Siyakhula Development deems the delivery of services, programs etc., which by agreement with the client, may not necessarily be delivered at the same time or is delivered over a period of time, as a separate sale divisible from the others and the client shall be liable to pay the purchase price in respect of each such delivery made on due date. The validity of the sale in respect of each separate delivery shall in no way be affected in the event of any particular delivery not taking place for whatever reason.

13. Siyakhula Development shall be entitled to withhold further delivery of services and products and/or cancel any sale or fulfilled order if at any time the client shall be in arrears with its obligations to pay any indebtedness at any time owing to Siyakhula Development, irrespective of the cause of indebtedness.

14. In the event of credit facilities having been agreed to by Siyakhula Development, no variation of any terms of the credit facilities, shall be of any force or effect unless such variation is authorised in terms of these standard conditions or is agreed to in writing by a duly authorised representative of Siyakhula Development

15. Where Siyakhula Development had to incur costs to enforce any provisions of this agreement, all cost so incurred, shall be paid by the client. Such cost may include tracing agent charges, collection commission, and legal fees on the side of Siyakhula Development.

16. Amounts paid by the client shall not be refundable under any circumstances whatsoever.

17. The client shall remain personally liable for the payment of the total purchase price, notwithstanding that the client may not use the material supplied form Siyakhula Development or fails to attend training relating thereto. In the event of the client dishonoring any cheque, the client will be held personally liable for the full outstanding amount agreed on the order or program booking form and all legal costs that may have been incurred.

18. The client shall not have any claim to the intellectual property rights (including but not limited to copyright and trade marks) vested in the Siyakhula Development programs and systems. The client shall not be entitled to reproduce, distribute or adapt any part thereof.

19. The client acknowledges that the Siyakhula Development products and systems, and the related training and services are purchased without any warranty of whatsoever nature. And further acknowledges that the success which can be achieved by the application thereof depends wholly on the efforts of the purchaser. In this regard, the client shall have no claim against Siyakhula Development unless the client shall have given notice in writing by pre-paid registered mail of its complaint to Siyakhula Development within 14 days after the date of delivery of the program/services and Siyakhula Development shall have been permitted reasonable opportunity to correct any deficiencies that may have occurred.

20. The client shall have no claim against Siyakhula Development for any failure or inability to deliver the programs and/or services, which is a direct result of the force majuere including, but not limited to, any strike, lock-out, act of war, civil disturbance, non-availability of materials, equipment failure, government interference or any other circumstance outside Siyakhula Development control.

21. The client undertakes to inform Siyakhula Development in writing, by pre-paid registered post within 7 days of any change of address.

22. The client hereby consents to the jurisdiction of the Magistrate’s Court in respect of any matter or claim arising from the sale, notwithstanding that the values of such claim may otherwise be beyond the jurisdiction of that court, provided that this provision shall not preclude Siyakhula Development from instituting any action in the High Court or any other Court of competent jurisdiction. The client agrees to pay all legal expenses incurred as between attorney and client, including all collection charges and tracing fees.

23. Siyakhula Development shall no be bound by any error or omissions made in relation to the sale of programs and services whether they be arithmetical, calculations, incorrect ruling prices or otherwise.

24. Any variation, alteration, amendment or mutually agreed cancellation of the sale and/or delivery of programs and services shall only be valid in writing and signed by both parties.

25. Siyakhula Development hereby indemnifies itself of any liability of whatever nature in the case of any damage, loss, injury and accidents occurring on its business premises and training venues used.

26. By his signature, hereto and on the reverse side hereof, the signatory binds himself as surety and co-principal of debtor in solidum with the client for all the obligations of the purchaser to Siyakhula Development.

Signed : __________________ Date: ______ Witness : _______________ Date: _______
For Client

Signed : __________________ Date: ______ Witness : _______________ Date: _______
For Siyakhula Development.