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Inter Africa Road

STANDARD TRADING TERMS AND SURETYSHIP

1. DEFINITIONThe following words shall have the following meanings.

1.1 Inter Africa Road:Inter African Road (Pty) Ltd, a Company duly registered in accordance with the Company Laws of South Africa known as Inter-Africa Road (Pty)Ltd with registration number 2012/182879/07 and registered address at 53 Shaft Road, Knights, Germiston, 1401.

1.2 Client: _____________________________________________________________________________________________________________________________________________________________________________________________

1.3 Goods:Shall mean any Minerals, merchandise cargo, equipment or container which is transported for the Client.

1.4 Container: Shall mean any ISO container and includes its contents, if any.

1.5 Dangerous Goods: Shall include materials or goods which pose an unacceptable threat to life, property or the environment if not properly contained.

1.6 Abnormal goods: Goods which are abnormal by reason of their nature, weight, dimensions or otherwise and as such require out of the ordinary care, precaution, handling or mode of transportation.

1.7 Carrier: Shall mean the party with whom Inter Africa Road contracts to carry out the transportation of the goods for and on behalf of the Client.

1.8 Transport: Shall mean, without prejudice to generality, loading, unloading, packing, storing, safe keeping, handling of any goods and the obtaining of requisite permits or authority for any goods.

www.inter-africaroad.co.za Company Registration No: 2012/182879/07 53 Shaft Road, Knights, Germiston, 1401 Tel: 0741756309/5 PO Box 145422 Bracken Gardens 1452 VAT Number: 4310262474

http://www.inter-africaroad.co.za/

1.9 Precious goods: Shall include any bullion, minerals, coins, precious stones, jewelry, valuables, antiques, pictures, bank notes, securities and any other valuable documents or articles, livestock or plants.

1.10 Perishable Goods: Goods which are perishable by reason of their nature, composition or otherwise and such require out of the ordinary care precaution handling or mode of transportation.

1.11 Parties: Shall mean the parties referred to in clause 1.1.1 and 1.1.2

1.12 Local delivery: Shall mean a delivery within 250 km radius of Inter Africa Road head office situated at Germiston.

1.13 National delivery: Shall mean a delivery that exceeds 250 km radius of Inter Africa Road head office situated at Germiston

2. INTERPRETATION2.1 Words signifying any one gender shall include the others, words signifying the singular shall

include the plural and words signifying natural persons shall include juristic persons and vice versa mutatis mutandis.

2.2 When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the immediately following Business Day.

2.3 In the event that the day of payment of any amount due in terms of this Agreement should fall on a day which is not a Business Day, then the relevant date for payment shall be the following Business Day.

2.4 Where figures are referred to in numerals and in words, if there is any conflict between the two, the word shall prevail.

2.5 Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.

2.6 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.

3. GOVERNING CONDITIONS3.1 All contracts of transportation conducted by Inter Africa Road shall be on the terms set out

herein and as signed by the Client. 3.2 No variation, alteration or addition of these terms shall be binding upon the Parties unless

reduced to writing and signed by the duly authorized representatives of the Parties.

4. CLIENT’S INSTRUCTIONS4.1 Subject to the other provisions of this Agreement, Inter Africa Road shall, during the currency of

this Agreement and as an independent contractor:4.1.1 Deliver for Client locally and nationally as and when so requested by Client:4.1.2 Consignments of products4.1.3 Or such of Client’s other required deliveries as may from time to time requested, subject to the terms of this agreement.



4.2 In all dealings with the Client, Inter Africa Road shall be entitled to rely upon the accuracy and completeness of any instruction and information received from the Client.

4.3 Inter Africa Road shall be entitled at any time to require the Client to furnish such additional information as is necessary and until such additional information is received, Inter Africa Road shall be entitled to defer performance until such information is received.

4.4 Inter Africa Road shall not be obliged to provide any service not specified in Client’s instruction. Notwithstanding, should Inter Africa Road be of the opinion that the Client’s interest will be served should additional services be rendered and Inter Africa Road is unable timorously to obtain such instructions from the Client, the Parties agree that Inter Africa Road shall be entitled to provide such additional services and shall be entitled to payment of the charges in respect therefore.

4.5 Inter Africa Road shall not be liable for:4.5.1 Failure to adhere to any instruction or failure to adhere to any times or dates stipulated

by the Client, unless the Client specified in writing that time was of the essence.4.5.2 Any loss or damage whatsoever including fines, suffered by the Client or any third party

as a result of Inter Africa Road giving effect to any instruction from the Client. In this regard the Client indemnifies Inter Africa Road against any loss or damage, including fines, penalties and claims from third parties by virtue of giving effect to any instructions

4.5.3 For any loss or damages, including consequential losses, suffered by the Client or any third party as the result of any negligent act or omission of the employees of Inter Africa Road and/or its duly appointed sub-contractor. In this regard the Client indemnifies Inter Africa Road against any loss or damage it may suffer from claims from third parties by virtue of the aforesaid.

4.6 Should the Client instruct Inter Africa Road to recover all or any of Inter Africa Road charges or disbursements from a third party, the Client shall still be liable for such charges should the third party not pay same.

4.7 Inter Africa Road shall not be obliged to handle, store or transport any goods which appear damaged or unsafe for transport.

4.8 Unless it is specifically instructed in writing, Inter Africa Road shall not be obliged:4.8.1 To take out indemnity insurance to cover the goods;4.8.2 To make any declaration by virtue of any law as to the nature of the contents of any

container or goods transported.4.9 The obligations of Inter Africa Road shall also not exclude the following, which shall be the

responsibility of Client:4.9.1 The provision of the products to be delivered, meeting the required specifications and

free from any contamination;4.9.2 The provision of safe and adequate loading facilities at Client’s facility concerned or

where Client requires Inter Africa Road to load products for delivery;4.9.3 Except to the extent otherwise provided the scheduling of deliveries.

4.10 Should there be any delay in the execution of Client’s instructions for any reason, Inter Africa Road shall be entitled to store the goods (to which such instructions relate) at such place and on such terms as Inter Africa Road deems fit, at the Client’s risk and expense and without notice to the Client.

5. CHARGES5.1 The charges of Inter Africa Road for any service shall exclude VAT, surcharges or duties of any

kind. 5.2 Inter Africa Road shall, if the cost to it of providing any service is increased for any reason be

entitled by notice to increase its charges.5.3 Charges quoted are valid only for the services set out in the quotations or invoices.5.4 Any quotation is valid for a period of 7 (seven) days only.5.5 Should:

5.5.1 The Client require additional services from Inter Africa Road; or



SIGNATU

RE5.5.2 Inter Africa Road be compelled by any competent authority to provide additional

services; or5.5.3 It becomes necessary for additional services to be provided pending instructions from

the Client or compliance by the Client with its obligations in terms of these conditions;

5.5.4 Then in each of these instances Inter Africa Road shall be entitled to charge a usual or reasonable charge for such additional services.

5.6 The Client shall pay to Inter Africa Road upon demand and in advance such amounts as the latter may stipulate in respect of anticipated charges and disbursements.

5.7 Inter Africa Road shall not be obliged to disburse any monies on behalf of the Client until it is in receipt of funds sufficient to cover same.

5.8 Any amount due by the Client to Inter Africa Road shall be paid free of deduction, set off or demand within 14 (fourteen days) of the date of the Company’s invoice, or as otherwise agreed in writing.

5.9 Any amount due to Inter Africa Road not paid on due date shall bear interest at the prescribed rate of interest of 2% per month from due date to date of payment.

5.10 The signatory to this document binds himself/herself as surety and co-principal debtor with the Client to Inter Africa Road, for all the obligations of the Client to Inter Africa Road, past, present or future, arising from this agreement or any other cause whatsoever.

5.11 All payments shall be made to Inter Africa Road at one of the branches or by electronic transfer into their bank account or at such other address as directed.

6. WARRANTIES & INDEMNITIES6.1 The Client warrants to Inter Africa Road that the goods transported by Inter Africa Road in terms

hereof are:6.1.1 The Client’s sole and exclusive property or that the Client has the requisite authority of

the owners thereof;6.1.2 Properly and comprehensively described in all documentation furnished by the Client to

Inter Africa Road;6.1.3 No risk hazard to or may or likely to contaminate or cause damage to property or pose a

threat of injury or death to any person;6.1.4 Packed properly and securely, in compliance with all relevant laws and practices;6.1.5 So packed as to ensure that, in the ordinary course of the goods being transported, the

contents will not be damaged or cause damage to any other property or injury or death to any person;

6.1.6 Insured by Client against any loss which may occur to the goods whilst in the custody and control of Inter Africa Road, be it as a result of an accident, theft, confiscation, fire or any other cause whatsoever and howsoever arising.

6.1.7 Not in contravention of any law from time to time in force in any country to and from which the goods is to be transported pursuant hereto, and in respect of which the Client is responsible for compliance.

6.2 The Client warrants that the goods and its markings comply with all laws, conventions and practices in the countries to and from which the goods are transported and that the markings thereon are adequate for the identification thereof.

6.3 Should Inter Africa Road in its sole discretion consider that the contents of any container handled by it may cause damage or harm of any nature (if contents were of a potentially harmful nature) Inter Africa Road shall be entitled to deal with both the container and its contents, at the Client’s costs and which may be deducted from the proceeds of any sale, in such manner as it deems fit (including destruction, abandonment or disposal) without notice and



without compensation to any person and without prejudice to its right to charge its full fee. The Client indemnifies Inter Africa Road against claim by any person arising here from.

6.4 The Client indemnifies Inter Africa Road against any harm and any claim as a result of or in connection with the fact that the contents of any container dealt with by Inter Africa Road were of a potentially harmful nature, irrespective whether Inter Africa Road was aware of those contents.

6.5 The Client warrants that its asset value and annual turnover equals or exceeds the threshold value (currently (R2 million) determined by the Minister of Trade and Industry in terms of Section 6 of the Consumer Protection Act, 68 of 2008, and that accordingly the provisions of the said Act are not applicable to this agreement and are exempt as provided for in terms of Section 5(2)(b) of the Act.

6.6 Unless otherwise agreed to in writing, Inter Africa Road shall not be liable for any loss of or damage to any goods, even if caused by the negligence or fault of Inter Africa Road or any of its employees or sub-contractors. The Client indemnifies Inter Africa Road against any claims in respect of any such loss or damage.

6.7 Should the contents of a container be perishable goods and they have begun or are likely to deteriorate, Inter Africa Road may deal with such goods in such manner as it deems fit and without notice. The Client indemnifies Inter Africa Road against any claim by any person arising here from.

6.8 In the circumstances that Inter Africa Road is required to transport or move Abnormal or Perishable Goods, it shall have the right to vary these conditions or add such further terms as it in its sole discretion may deem fit.

6.9 The Client remains responsible to ensure that Consignee’s or Consignor’s premises are suitable for the handling of containers and that semi-trailers are parked on flat, hard surfaces.

7. DANGEROUS GOODS7.1 Dangerous goods shall not be transported by nor sent to Inter Africa Road without its express

prior written consent hereto.7.2 Dangerous goods, the container thereof, any package or other covering in which such goods

are sent to Inter Africa Road shall be clearly marked so as to indicate to any third party or authority (including Inter Africa Road) the nature and character of the goods and so as to comply with any applicable laws, regulations and the requirements of any lawful authority or carrier.

7.3 Should dangerous goods be sent to Inter Africa Road without its prior written consent or having received the prior written consent so sent without being clearly marked as aforesaid, Inter Africa Road may at its own sole discretion, dispose of, abandon or render harmless such goods at the entire risk and expense of the Client and without compensation to such Client. The Client indemnifies Inter Africa Road in respect of any damage, loss, charges or fees relating thereto.

7.4 Notwithstanding, Inter Africa Road’ express prior written consent, all risk in and to the dangerous goods accepted shall remain with the Client and the Client hereby indemnifies Inter Africa Road in respect of the damage, destruction, injury or death or harm of any goods, property, livestock, or person which may result due to the transportation of such dangerous goods.

7.5 The Client shall be responsible for the compliance of any and all regulations relating to Dangerous goods in any country to and from which the goods are to be transported.

7.6 Should the carrier agree to handle any dangerous goods for any purpose:7.6.1 The Client shall furnish with the goods a written declaration detailing the trade name,

chemical composition and characteristics of the goods; and7.6.2 Such declaration shall define the precise respects or circumstances in which the good

are dangerous; and7.6.3 The Client shall ensure that the goods bear the warning labels and declarations required

in terms of the laws and regulations applicable to the transportation of dangerous goods.



7.7 If, in the opinion of the carrier any goods (whether they have been declared as dangerous or not) become a danger to any person or property, the carrier shall be entitled immediately and without notice to the Client to dispose of the goods in question to take such other steps as it in its sole discretion deems prudent to avert danger. In such event the carrier shall:7.7.1 Not be liable under any circumstances for the value of the goods or for any other loss or

damage whether direct or consequential sustained by the Client or owner as a result of such disposal or other steps; and

7.7.2 Still be entitled to recover from the Client its remuneration for the handling of the goods together with any costs incurred by it in disposing of them or taking other steps.

8. APPOINTMENT OF THIRD PARTIES8.1 Inter Africa Road may in its discretion appoint any competent third party to fulfill all or part of its

obligations in terms hereof.8.2 In the exercise of its discretion as aforesaid, Inter Africa Road shall be deemed to be the agent

of the Client and consequently not be liable for any default by such third party in the performance of its obligations pursuant to such appointment, or as the result of fault or negligence of the employees of such third party.

8.3 Inter Africa Road shall be entitled to contract with such third parties on such terms and conditions as it deems appropriate irrespective if the charges payable by the Client for such third party’s services exceed the going rate.

8.4 Inter Africa Road shall not be obliged to notify the Client of its appointment of such third party prior thereto.

9. LOADING AND OFF LOADING9.1 The Client shall ensure that:

9.1.1 The goods shall be ready for loading on the date specified;

9.1.2 All documentation necessary in connection with the goods and the transportation thereof shall be fully and correctly prepared;

9.1.3 At all places where the carrier is to collect and off-load the goods there will be safe, suitable and adequate access and loading and off-loading facilities, and that it is possible for the carrier to do so through ordinary staircases and/or doorways, without need for any special or additional tackle plant, power, labour or equipment, or on its vehicles or at such off-loading site;

9.1.4 The goods will be sufficiently packed and prepared for carriage;

9.1.5 The Client shall sign such certificates and receipts on loading and off-loading as the carrier may require.

9.2 The carrier shall not be under any obligation to provide any plant power or labour which in additions to its vehicle’s crew is required for the loading or unloading of its vehicles and same shall be at the sole risk of the Client.

9.3 Any Client (or owner conducting any packing or other operation or activity in any area or premises provided by the carrier shall do so at its own risk, and the Client indemnifies the carrier against all claims or losses arising out of the presence of Client in such areas or premises.

10. LIMITATION OF LIABILITY10.1 Subject to the terms of this agreement, Inter Africa Road shall not be liable for any loss or

damage caused to any person or property vis-à-vis the carrying out of any of Inter Africa Road’



obligations pertaining hereto, unless attributable to gross negligence or willful intentional acts by Inter Africa Road.

10.2 Notwithstanding, the provisions of 10.1 above, the maximum liability of Inter Africa Road to the Client in the event of a claim by Client against Inter Africa Road for gross negligence or willful acts, unless otherwise agreed in writing, shall be limited to the value of the goods or value declared by the Client for insurance, customs or carriage purposes, whichever is the lesser amount, and subject to a maximum of R100 000.00 per claim for a local delivery and a maximum of R250 000.00 per claim for a national delivery.

10.3 If the value of the goods so to be transported exceeds the maximum amounts referred to for a local and national delivery in clause 10.2, then the client must notify Inter Africa Road in writing of the nature and the value of the goods and whether the Client requires Inter Africa Road to obtain additional insurance cover for the transportation of such goods.

10.4 If such additional insurance cover is requested and obtained, Client shall on demand by Inter Africa Road cease any activity which renders or in Inter Africa Road bona fide opinion is likely to render any insurance which Inter Africa Road or any of Inter Africa Road Clients may have, void or endangered or to give rise to an increase in premiums therefore.

11. CLAIMS AGAINST INTER AFRICA ROAD11.1 Any claim by the Client arising out of any act or omission by Inter Africa Road shall be delivered

to Inter Africa Road in writing within thirty days of the commission of any act or omission of any act required, as the case may be, failing which such claim shall be deemed to have been extinguished for all intents and purposes and the Client shall have no legal recourse against Inter Africa Road in respect thereof whatsoever.

11.2 Subject to the provisions of clause 11.1, any claim shall become prescribed between the Parties within 1 (one) year after the cause of action of such claim arose and the prescription of such claim shall only be interrupted by the service of a Summons or Notice of Motion.

11.3 If any payment is made to any person or statutory authority pursuant to the execution of the Client’s instructions, and it transpires that such payment should not have been made, Inter Africa Road shall not be liable to the Client in respect of such payment unless it was grossly negligent of Inter Africa Road to make such payment and unless the Client notifies Inter Africa Road that such payment was not necessary within 30 days of the Client becoming aware of that fact and unless the Client renders Inter Africa Road such necessary assistance in obtaining a refund thereof.

12. LIEN12.1 As security for all monies (whether past or present) owing for the transportation of goods arising

here from or otherwise, Inter Africa Road will have a lien over all goods, documents, bill of landing, import permits as well as all repayments, refunds, claims or recoveries in its possession or under its control.

12.2 In addition, Inter Africa Road shall be entitled to hold all goods in its possession as security for any other monies which may be owing to it by the Client from any cause whatsoever.

12.3 Notwithstanding that credit may have originally been granted by Inter Africa Road to the Client, Inter Africa Road may at any time in its sole discretion retain possession of any goods pending the discharge of all the Client’s indebtedness to Inter Africa Road, whether or not such indebtedness is related to the handling of the goods in question.

12.4 In the event of Inter Africa Road retaining possession of the goods in terms of the above, Inter Africa Road shall be entitled to store or warehouse the goods at such place as it deems fit, at the Client’s expense.

12.5 If any monies owing to Inter Africa Road are not paid by the Client within 30 days after they have become due, the Client shall be entitled without further notice:12.5.1 To open and examine the goods;12.5.2 To sell the whole or any part of the goods in such a manner and on such terms and

conditions as it deems fit;



12.5.3 To apply the proceeds of any sale after deducting all expenses thereof in payment or reduction of any amount due by the Client to Inter Africa Road(including storage charges envisaged in 12.4), provided that any surplus shall be paid over to the Client without interest immediately after the sale.

12.6 Inter Africa Road shall not be liable for any loss, damage or deterioration of such goods attributable to the implementation of this clause, and the Client indemnifies Inter Africa Road against any claims relating to such sale from any party whatsoever.

13. INDEMNITYSubject to and in conjunction with the terms of this agreement, the Client hereby indemnifies Inter Africa Road against losses, whether direct or indirect, incurred by Inter Africa Road in claims against it by third parties, including such parties’ employees, in respect of damage to property or bodily injury, illness or death arising out of any act or omission of Inter Africa Road or its agents, hired personnel or assigns in connection with the rendering of transport services under this Agreement irrespective of the cause thereof, in respect of which Inter Africa Road may be held vicariously or otherwise liable, such liability of the Client not being dependent upon the negligence or other unlawful conduct of the Client or its agents, hired personnel or assigns. This indemnity includes any liability for indirect and/or consequential loss or damages arising from any cause.

14. FORCE MAJEURE 14.1 Performance of the obligations of either party in terms of this Agreement shall be

suspended for as long as and to the extent that it is unable to do so because of any cause beyond its control (which shall include, without limitation, an act of God or State or war, whether declared or not, or sabotage, fire, drought, flood, epidemic, civil commotion, riot, strike, industrial action and changes in legislation, provided that;

14.2. That the party claiming such inability;

14.2.1 Shall, when that party knows that such inability is likely to occur and when it occurs, immediately give notice to the other party (which shall be confirmed in writing as soon thereafter as is possible) detailing the circumstances on which it relies and an estimate of the likely duration of such inability;

14.2.2 Shall, when that party knows that such inability is likely to terminate and when it terminates, immediately give notice thereof to the other party, (which shall be confirmed in writing as soon thereafter as is possible).

14.3. That the Parties hereto shall co-operate and collaborate together and use all reasonable

efforts to overcome, or failing which, minimize the effect of such inability.

14.4 If the force majeure continues for a period exceeding 30 (thirty)consecutive

days, or such other period as may be agreed to in writing by the PARTIES, any party may terminate this Agreement after providing the other party with 7 (seven) days written notice of the intention to terminate this Agreement.

15. SEVERABILITY



If any provisions of this Agreement is or becomes illegal, invalid, void or unenforceable under any law applicable to any aspect of this Agreement or otherwise, such provision shall be considered severable from the remainder of this Agreement, and other provisions of the Agreement remaining shall not be impaired and this Agreement shall be interpreted in such a way as to give effect to its stated purpose.

16. BREACH In the event of any party to this agreement failing to do what is specifically undertaken

herein the other party may call on such a party to remedy the default within 7 (seven) days after delivery of a written demand, failing which the other party may take all necessary steps to protect its own rights and to enforce compliance to the terms of this agreement.

17. PROPER LAW

The validity of this agreement, its interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of this agreement or its expiration or earlier termination for any reason (including matters of prescription) shall be determined in accordance with the laws of the Republic of South Africa and in a South African Court having jurisdiction.

18 NOTICES & DOMICILIUM18.1 The parties choose domicilium citandi et executandi for all purposes in connection with this Offer,

or arising out of the sale referred to herein at the following addresses:-(a) The Client at

E-mail: (b) Inter Africa Road at

53 Shaft Road Knights Germiston 1401E-mail: [email protected]

18.2 All notices and/or writings given by any party to any other party in terms hereof shall be deemed to be delivered, if delivered by hand or e-mail on the date of delivery and if posted, then three (3) days after posting by pre-paid registered post to the respective addresses recorded above as domicilium citandi et executandi.

18.3 The parties may however, respectively substitute any alternative address within the Republic of South Africa for the above addresses.

19. JURISDICTION 19.1 If the Client is a resident or carries on business in the Republic of South Africa then

Inter Africa Road shall be entitled to institute any proceedings against the Client, arising out of the contract in the Magistrate’s Court of Johannesburg even if the cause of action in question exceeds the jurisdiction of the Court.



19.2 If the Client is not a resident of and does not carry on business in the Republic of South Africa then the Client consents and submits to the jurisdiction of the South Gauteng High Court, and all courts of appeal there from, for all purposes arising out of the contract.

20. NO CESSION

Inter Africa Road shall be entitled and the Client shall not be entitled to cede or assign any rights and/or obligations, which it may have in terms of this agreement to any third party.

21. SECURITY FOR OBLIGATION

Inter Africa Road reserves the right to require satisfactory security from the Client for the due performance of any of the Client’s obligations hereunder.

22. COSTS

The Client shall be liable for all costs incurred by Inter Africa Road in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney / own client scale whether incurred prior to or during the institution of legal proceedings or if judgment has been granted in connection with the satisfaction or enforcement of such judgment.



23. LIABILITIES OF PARTNERS / SIGNATORIES

The person signing this application on behalf of the Client warrants that he is duly authorized to represent and bind the Client to this agreement as per the attached resolution.

SIGNED AT ____________________ THIS _____ DAY OF _______________20______.

AS WITNESSES: THE CLIENT:

1._____________________ 1. ________________________

2._____________________

SIGNED AT ____________________ THIS _____ DAY OF _______________20___________

AS WITNESSES: INTER AFRICA ROAD

1._____________________ 1. ________________________

2._____________________



SURETYSHIP

I/We the undersigned:-

_______________________________________________________

do hereby bind myself/ourselves jointly and severally and in solidum as surety/sureties for and co-

principal debtor/debtors with:-

(hereinafter referred to as "the Debtor")

for the repayment on demand of sums of money which the debtor may now or from time to time hereafter

owe to:-

INTER AFRICA ROAD (PTY) LTD(hereinafter referred to as "the Creditor")

or to the successor in title or assigns of the creditor, arising from any cause of indebtedness whatsoever

and whether now existent or which may come to existence in the future.

I/We, further agree:-

1. All admissions or acknowledgements of the indebtedness made by the debtor shall be binding on

me/us.

2. That without restricting the generality of anything hereinbefore contained, my/our liability

hereunder shall not be limited to the principal sum of any indebtedness of the Debtor to the

Creditor but shall also cover all other amounts making up the indebtedness including in particular,

interest, commissions, discounts, stamps, legal costs on the attorney and client scale, including

collection charges, and all and any other charges of whatever nature.

3. A statement of my/our indebtedness hereunder purporting to have been certified correct by an

accountant of the creditor shall be conclusive proof of my/our indebtedness hereunder, and shall

be sufficient proof for the purposes of provisional sentence or summary judgment against me/us

or any one or more of us in any competent court, of the existence of debt/s owing thereon and the

fact that such amount/s is/are liquidated, due and owing and has/have not been paid.



4. The creditor shall be at liberty without affecting its rights hereunder to realise securities and to

give time or to compound or make other arrangements with the debtor or with me/us or anyone of

us with any securities for or co-principal debtors with the debtor.

5. In the event of liquidation, insolvency or compromise no dividends or payments which the creditor

may receive from the debtor or other sureties or co-principal debtors or from any trustee or

liquidator or other legal representative of the debtor or from me/us or any of us prejudice the rights

of the creditor to recover from me/us or the other or others of us to the full extent of this suretyship

any sum which after the receipt of such dividends or payments may still remain owing.

6. On liquidation or insolvency of the debtor the creditor shall be entitled notwithstanding any

payment received hereunder to prove against the estate of the debtor or against the debtor in

liquidation for the full amount of the indebtedness as at date of liquidation or insolvency.

7. Any leniency or extension of the time that may be granted to the debtor or to me/us or any one of

us or to any other surety or sureties for the debtor or any other co-principal debtor or debtors shall

not be construed as a waiver of any of the rights of the creditor against me/us hereunder.

8. This suretyship shall remain in full force as a continuing security notwithstanding any intermediate

supplement of or fluctuations in account and notwithstanding the death or legal disability of the

debtor or any of us or any other surety of the debtor or any other co-principal debtor until such

time as the creditor shall agree in writing to cancel this suretyship.

9. This suretyship shall further remain in force as a continuing security binding upon me/us, the other

or others of us, notwithstanding that it may on any grounds in whole or in part have ceased to be

binding on the debtor, any other surety or co-principal debtor or on any one or more of us.

10. That each of us that shall sign these presents shall be bound in solidum in terms of these

presents, irrespective of whether or not the other or others of us referred to herein will have

executed this document or become bound in terms hereof.

11. I/We renounce the benefits of excussion, division, de duobus vel pluritus reis debendi, cession of

account, errore calculi, with the force and meaning whereof I/we am/are fully acquainted.

12. This suretyship shall apply to cover and secure the creditor and the respective successors in title,

orders or assigns of the creditor.

13. As a continuing covering security for all my/our present and future obligations to the creditor in

terms hereof, I/we hereby individually and irrevocably cede to the creditor jointly and severally all

and any claims which now are or which may hereafter become due to me/us by the debtor from

cause/s of indebtedness whatsoever (including claims arising from my/our execution of this

suretyship and from payments made by me/us by virtue hereof).

I/We hereby undertake on demand by the creditor to take all such steps that my be necessary to

enable the creditor to enforce the rights accorded to the creditor in terms of this cession.



I/We agree that the creditor shall be entitled:-

at any time to notify the debtor of the afore going cession by me or any of us: and

to collect and recover from the debtor any sum or sums covered thereby: and

to compromise any claim/s hereby ceded as the creditor may deem fit.

The creditor shall apply every amount so recovered, after deduction of all and any costs incurred

by the creditor in regard to the collection thereof, in reduction of satisfaction, as the case may be,

of the indebtedness hereby secured. I/We do hereby irrevocably and in rem suam authorise and

appoint the creditor with full power to sign and execute all and any documents on my/our behalf

which may be necessary to give effect to or to enforce the rights afforded to the creditor in terms

of this cession. Should the creditor allow any payment/s to be made to me/any of us, and allow

me/any of us, to accept and retain such payment/s the creditor shall not in consequence lose any

of its rights as cessionary hereunder to any balance of such claim or to any other claim/s hereby

ceded. No leniency, relaxation or omission on the part of the creditor in the exercise of any of its

rights as cessionary in respect of any claim hereunder shall prejudice or otherwise affect the

security hereby given to the creditor jointly or severally.

I/We further agree that if prior to the signature of these presents, I/we have ceded all or any such

claims to anyone whomsoever, this cession shall be deemed to be a cession of all of my/our

reversionary rights in and to any such claims after payment of all amounts secured by the prior

cession/s or after the loss for any reason, or abandonment of any of the rights of the

cessionary/ies thereunder.

14. In terms of Section 45 of the Magistrate's Court Act 1944, (as amended) I/we hereby consent to

the jurisdiction of the Magistrate's Court having jurisdiction under Section 28 of the said Act in

respect of any action to be instituted against me/us or any one or more of us by the creditor. It

shall nevertheless be entirely within the discretion of the creditor as to whether to proceed against

me/us in such Magistrate's Court or any other court having jurisdiction.

15. I/We hereby choose domicilium citandi et executandi for all purposes arising our of these presents

at:-

16. If I/we am/are or any one or more of us/is a company/ies each such company warrants to the

creditor that it has a material interest in securing the indebtedness covered by these presents

which are entered into of its benefit, and I/we (the person/s signing these presents on behalf of

any such company) shall be deemed by virtue of my/our signature/s hereto to be a party, jointly



and severally and each other and with such company, to the afore going warranty in my/our

personal capacity/ies and I/we in my/our personal capacities as aforesaid do further warrant jointly

and severally to the creditor that each such company is empowered by its Memorandum of

Association to give this guarantee and that I/we am/are duly authorised to execute these presents

on behalf of such company.

17. Each sentence, paragraph or clause of these presents is severable, the one from the other

notwithstanding the manner in which they may be linked together or grouped grammatically, and if

any sentences, paragraphs or clauses are found to be defective or unenforceable for any reason

by any competent court, the remaining sentences, paragraphs or clauses, (as the case may be)

shall nevertheless be of full force and effect and continue to be of full force and effect.

THUS DONE AND SIGNED AT GERMISTON ON THIS THE DAY OF 2015, IN

THE PRESENCE OF THE UNDERSIGNED WITNESSES.

AS WITNESSES:-

1.

_______________________

Surety: NAME:

2. ________________



ANNEXURE ARESOLUTION

FROM THE MINUTES OF A MEETING HELD BY DIRECTORS/ MEMBERS / TRUSTEES/PARTNERS OF:

.....................................................................................................................................

(Name of Company / Closed Corporation / Trust/ Partnership)

Held at .........................................................................................................................

on …………………..……………..day of …..……………………………..20……..

Authorization:

.....................................................................................................................................

(Name of Director/ Member / Trustee / Partner / Employee)

A *Authorized to apply and sign all documentation on behalf of ..........................

..............................................................................................................................

For the purpose of:

1. Opening an account at Inter-Africa Road (PTY) LTD.

2. To provide surety as per credit application.

Signatory of Director / Members / Trustees / Partner

SIGNATORIES DATE

.................................................. …………………

……………………………….. …………….……

(Full Name & Surname)



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