Capacity to Contract: If you are not 18 years or older, or do not agree to these terms and conditions you must leave the SAB web order site now.

Transcription

1 Terms and Conditions of Use of the SAB Web Order Site The South African Breweries Limited (Registration Number: 1998/006375/07) These terms and condition are binding and enforceable against all persons that access the web site of The South African Breweries Limited ( the SAB web order site ) in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 ( ECTA ). Minimum Age to purchase Alcohol: Some sections of this website are not intended to be accessed if you are under 18 years old (below the minimum legal age for lawfully purchasing alcohol in South Africa, (or if you are below the minimum legal age for lawfully purchasing alcohol in the country, state, province or territory from which you are viewing this website). Capacity to Contract: If you are not 18 years or older, or do not agree to these terms and conditions you must leave the SAB web order site now. Any use of the SAB web order site will automatically bind you to these terms and conditions and is an acceptance of and full agreement to these terms and conditions, forming a Contract between you and SAB (see T&C below). If you do not agree to these T&C, do not continue to use the SAB web order site. A copy of the ECTA may be downloaded from under the heading "Legislation and Policy". Consumer Protection Act 68 of 2008 ( CPA ): Definitions and interpretation a. "SAB" means The South African Breweries Limited (Company Reg No. 1998/006375/07); b. "SAB web order site" means the SAB site located which may be accessed at and includes any portal, part or any aspect of the SAB website whatsoever. The SAB web order site is owned and operated by SAB; c. "User" or you means any person who accesses, enters, browses or uses any part or aspect of the SAB web order site, even if that person only visited the home page of the SAB web order site, and may include the account holder/trade customer and/or any person that operates on the customer s account; d. T&C or Contract or Agreement means the current, applicable version/s of these terms and conditions (and any other terms and conditions that may appear in any part of the SAB web order site), which:

2 i. you agree to anew every time you either visit, browse, access or use ( use ) any part or aspect of the SAB web order site; ii. you are bound by as soon as you access or use any part or aspect of the SAB web order site; iii. are a Contract or Agreement between you and SAB; and which iv. may be changed and/or updated by or on behalf of SAB from time to time. e. "Purchaser/s" means any person that does or attempts to transact, order and/or purchase any products on the SAB web order site; f. Account means any account, credit or payment facility or reference number that the User uses to trade with SAB and by virtue of which the User has access to the SAB web order site; g. person means any natural person, or any other entity; h. Trade Terms means the current, applicable version of the Application to Trade and Terms and Conditions of Sale in connection with an Account, including the Credit Application and any other terms and conditions which are issued, updated or changed by or on behalf of SAB from time to time; i. Other terms & conditions that also apply to you This agreement applies along with the other terms & conditions of the bank that govern your accounts, our services and our relationship with you. Certain of the products and services that we make available to you on the service channels also have their own terms and conditions. IMPORTANT: 1. You are contracting with SAB when you access, enter, browse or use any part or aspect of the SAB web order site, and/or purchase any products on the SAB web order site. STATEMENTS To help you to monitor transactions on your account we may make account statements available to you or you may request a statement from any SAB branch. You must review your statements regularly. We may either make your statements available electronically (online) or we may send you your statements via . You may be charged an additional fee for statements requested over and above those normally provided. Statements are not automatically sent out on certain accounts. Please refer to the account rules/terms and conditions. Your statement will show all the transactions on your account for the period written on the statement. You must check each entry on your statement carefully as soon as you receive/retrieve your statement. You must report any errors or unauthorised transactions to us within 30 (thirty) days from statement date so where possible we can assist you to rectify the matter. If you don t do this we will be entitled to assume the statement and transactions were correct or authorised even if they were not. We will not be liable for any loss or damage you suffer because of this. Transactions carried out, but not yet credited or debited to your account

3 will not appear on your statement. To the extent that we are permitted by law, we have the right, without notice to you, to combine any or all accounts that you may have with us and to set off any amount that you owe us against any amount that we hold to your credit for whatever reason. However, we reserve the right to combine only some of your accounts and then we will be entitled to claim from you any amount in respect of an account that has not been combined. 2. Disclaimer & Limitation of Liability 2.1 Subject to the provisions of sections 43(5) and 43(6) of the ECTA, if applicable, and as far as allowed by law, SAB (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from: access to the SAB web order site; access to web sites linked to the SAB web order site; inability to access the SAB web order site; inability to access web sites linked to the SAB web order site; content available on the SAB web order site; services available from the SAB web order site; downloads and use of content from the SAB web order site; any other reason not directly related to SAB gross negligence. 2.2 The SAB web order site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with SAB, that the content available from and through the SAB web order site meet the User's individual requirements and is compatible with the User's computer hardware and/or software. 2.3 Information, ideas and opinions expressed on the SAB web order site should not be regarded as professional advice or the official opinion of SAB and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SAB web order site. 2.4 SAB does not make any warranties or representation that content and services available from the SAB web order site will in all cases be true, correct or free from any errors. SAB shall take all reasonable steps to ensure the quality and accuracy of content available from the SAB web order site. 2.5 SAB does not make any warranties or representations that the SAB web order site shall be available at all times. Users acknowledge that the SAB web order site may be unavailable due to updates or other causes beyond the reasonable control of SAB, including, but not limited to virus infection, unauthorised access, power failure or other "acts of God".

4 3. Allowed Use & Licence 3.1 SAB licenses the User to view, download and print the content of the SAB web order site, provided that such content is used for the intended purposes of the SAB web order site. SAB may determine, change and/or stipulate the intended uses of the SAB web order site at any time and it is the User s obligation to make sure that the User is fully aware of the intended purpose at any time that the User uses the SAB web order site. 3.2 Content from the SAB web order site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SAB. 3.3 Users may only access and use the SAB web order site for legal purposes. 3.4 The caching of the SAB web order site shall only be allowed if: The purpose of the caching is to make the onward transmission of the content from the SAB web order site more efficient; The cached content is not modified in any manner whatsoever; The cached content is updated at least every 12 (twelve) hours; and The cached content is removed or updated when so required by SAB. 3.5 If any User uses content from the SAB web order site in breach of the provisions detailed herein: SAB reserves the right to claim damages from the User; SAB reserves the right to institute criminal proceedings against the User; and SAB shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User. Hyperlinks and Linking 3.6 SAB may provide hyperlinks to web sites not controlled by SAB (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and 3.7 SAB does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites. 3.8 Hyperlinks to the SAB web order site from any other source shall be directed at the home page of the SAB web order site. SAB nonliability for deep linking is based on the fact that deep links bypass these terms and conditions. 3.9 Persons that wish to link to content beyond the home page of the SAB web order site shall do so at their own risk and indemnify SAB against any loss, liability or damage that may result from the use of content

5 from the SAB web order site, if such content was accessed through a hyperlink not directed at the home page of the SAB web order site SAB shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SAB web order site, if such content was accessed through a hyperlink not directed at the home page of the SAB web order site Users may quote small and reasonable amounts of content available from the SAB web order site only if such quote is placed in inverted commas and acknowledged No person may frame the SAB web order site, in any manner whatsoever, without the prior written consent of SAB Apart from bona-fide search engine operators and use of the search facility provided on the SAB web order site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SAB web order site for any purposes, without the prior written consent of SAB All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SAB at any time without giving reasons therefore Even though some hyperlinks are part of these terms and conditions, if any of the hyperlinks do not operate or function properly or at all, these terms will still be valid and the interpretation of these terms and conditions will not be affected by that. 4. Intellectual Property Rights & Domain Name Use 4.1 All intellectual property on the SAB web order site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to SAB and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2 (which may be terminated or cancelled by SAB at any time without giving reasons therefore), all other rights to intellectual property on the SAB web order site are expressly reserved to SAB and are owned by or licensed to SAB at all times. 4.2 SAB and all other marks, brand names, designs and/or logos on the SAB web order site are trademarks (whether registered or not) or another form of the Intellectual Property and Users agree not to use the trademarks or any other form of Intellectual Property as an element of a domain name or sub domain name. When the User receives a request from SAB to do so, a User shall immediately stop all use of such trademarks or any other form of Intellectual Property and/or domain name and transfer it to SAB at the cost of the User. 5. Disclosures Required by Section 43 of the ECTA Access to the services, content, software and content downloads available from the SAB web order site is classified as "electronic transactions" in terms of the ECTA and therefore Users have the rights detailed in Chapter 7 of the ECTA and SAB has the duty to disclose the following information:

6 5.1 The full name and legal status of the web site owner: The South African Breweries Limited (Company Reg No. 1998/006375/07); 5.2 Street address: 65 Park Lane, Sandown, Sandton, 2144; 5.3 Postal address: P.O. Box , Sandton, 2146; 5.4 Physical address for receipt of legal service: 65 Park Lane, Sandown, Sandton, 2144; 5.5 Main business: The main business of SAB is detailed at The web site address of the SAB web order site is: The official address of the SAB web order site is: 5.8 Membership of self-regulatory or accreditation bodies: ARA; 5.9 Codes of conduct to which the SAB web order site subscribes: ARA; 5.10 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the SAB web order site may be viewed on the SAB site Management: The management profile of SAB is available from: sablimited.co.za; 5.12 The costs associated with the access and use of the SAB Product is available from sab@za.sabmiller.com 5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding: access to the SAB web order site; the inability to access the SAB web order site; the services and content available from the SAB web order site; or these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: Cooling-off period: In terms of the operation of section 42(1)(d) of ECTA, the cooling-off provisions of the ECTA do apply to this web site; and 5.15 Users may lodge complaints or queries concerning the SAB web order site with SAB at the Customer Interaction Centre (CIC) Tel: sab@za.sabmiller.com 6. Changes & Amendments SAB expressly reserves the right, in its sole and absolute discretion, to do any

7 of the following, at any time without prior notice: 6.1 change these terms and conditions; 6.2 change the content and/or services available from the SAB web order site; 6.3 discontinue any aspect of the SAB web order site or service(s) available from the SAB web order site; and/or 6.4 change the software and hardware required to access and use the SAB web order site. 6.5 We can change the terms and conditions that apply to you, the way you access your accounts, any services we provide. We can also add new rules, products or stop existing products at any time. We will only notify you of material changes and unless you cancel this agreement before the date on which the changes take effect, you will be bound to them. 7. Privacy 7.1 SAB shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: SAB may electronically collect, store and use the following personal information of Users: name and surname; contact numbers; non-personal browsing habits and click patterns; address; and IP address. 7.3 SAB collects, stores and uses the abovementioned information for the following purposes: communicate requested information to the User; and to compile non-personal statistical information about browsing habits, click-patterns and access to the SAB web order site. 7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. 7.5 SAB may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions: SAB shall not disclose personal information from Users unless the User consents thereto; SAB shall disclose information without the User s consent only through due legal process; and SAB may compile, use and share any information that does not relate to any specific individual. 7.6 SAB owns and retains all rights to non-personal statistical information collected and compiled by SAB. 8. Stock Availability Products appearing on the SAB web order site are subject to stock

8 availability and SAB s Trade Terms and all related trading policies and other terms. See Trade and Credit Conditions page Security 9.1 SAB shall take all reasonable steps to secure the content of the SAB web order site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SAB does not make any warranties or representations that content shall be 100% safe and secure; 9.2 SAB is under no legal duty to encrypt any content or communications from and to the SAB web order site and is also under no legal duty to provide digital authentication of any page on the SAB web order site; 9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SAB web order site or the server and computer network that support the SAB web order site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SAB web order site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SAB harmless against any and all liability, damages and losses SAB and its partners / affiliates may suffer as a result of such damaging code; 9.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and SAB reserves the right to claim damages any and all persons concerned with a security failure or breach; and 9.5 Any User who commits any of the offences detailed in sections 85 to 88 of the ECTA shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SAB and its partners / affiliates. The ECTA may be downloaded from: Software & Equipment It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the SAB web order site and/or download content from this web site. 10. AUTHORISED USERS 10.1 If you complete the necessary Power of Attorney form, we will allow another person to use your account You will be liable for all debts incurred by such authorised users including our fees and charges, any overdrawn amounts plus interest on those amounts. You will be liable for any actions and omissions on the part of the authorised user You understand the risks involved in giving another person access to the account and have considered the restrictions that should apply You must provide correct and up to date information about the authorised users on your account/s and you alone are responsible for deciding and checking what rights must be given to authorised users You can cancel your authority at any time by completing the required bank forms. You will be liable for all transactions made before the authority was cancelled. The authority given to any authorised users comes to an end when you terminate the authority or where the law

9 provides, such as on your death or if you become legally incompetent. 11. Reporting inaccurate Content and Removal & Correction of Content Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SAB web order site to SAB and SAB undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content. 12. Interception of Communications 12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SAB right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the SAB web order site, its staff and employees; and 12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECTA and the RIC Act. 13. Entire Agreement & Severability 13.1 Subject to the provisions of the Allowed Use and Licence (Clause 3 above), these terms and conditions constitute the entire agreement between SAB and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SAB from the User Any failure by SAB to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable No amendment to this agreement or any rules and no waiver of any of our rights will be of any force unless it is recorded in writing and signed or issued by our authorised representatives. 14. Agreement in Terms of Section 21 of the ECTA The User and SAB agree that: 14.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time that the User enters the SAB web order site for the first time or immediately after the User indicated consent as required in the Allowed Use and Licence (Clause 3 above); 14.2 data messages (as defined in the ECTA) addressed by the User to SAB shall only be deemed to have been received if and when responded to; 14.3 data messages (as defined in the ECTA) addressed to the User by SAB shall be deemed to be received by the User as detailed in section 23(b) of the ECTA; 14.4 data messages (as defined in the ECTA) addressed by the User to SAB shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

10 14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SAB; and 14.6 the User agrees and warrants that data messages that are sent to SAB from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally. 15. Applicable & Governing Law Subject to clause 5.13 above (Alternative dispute resolution), the SAB web order site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the SAB web order site, its content, services and these terms and conditions. 16 General You must tell us immediately if you are placed under an administration order, are sequestrated. If your estate is provisionally or finally sequestrated or if you pass away, or become legally incompetent the full amount you owe us will become due and payable and access to the funds in your account will be restricted. If we need to take legal action against you, one of our managers (who does not need to prove his appointment) will produce a certificate to the court, recording the amount you owe us. If you disagree with this certificate, you will have to prove that it is incorrect. In the case of fraud, suspected fraud, or where the law compels us, we can freeze or close your account and/or stop a service without notice to you. If there is a dispute about any matter or record, our records (certified as correct by any SAB manager whose authority need not be proved) will serve as prima facie proof unless you can prove the contrary. Unless we agree to this, you may not cede or pledge any of your rights or delegate any of your duties under your and our agreement. While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage. We may terminate this agreement at any time by giving you reasonable notice of termination. 17. Legal Costs SAB shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

11 TRADE AND CREDIT CONDITIONS - THE SOUTH AFRICAN BREWERIES (PTY) LIMITED (PREVIOUSLY THE SOUTH AFRICAN BREWERIES LIMITED) These terms and condition are binding and enforceable against all persons that access the web site of The South African Breweries (Pty) Limited (previously The South African Breweries Limited ( the SAB web order site ) in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 ( ECTA ). PLEASE NOTE: These terms contain certain disclaimers, waivers, exclusions of liability, acknowledgements of fact and obligations, which may have serious consequences and/or financial implications. It is important for the Purchaser to read and understand these terms as well as the implications they may have for the Purchaser and/or its representatives. By using the SAB WEB ORDER Website you ( the Purchaser or the Credit Applicant ) agree to the following: A. With effect from either the date upon which the Purchaser signs (either by hand or electronically) any application form to trade with cash and/or credit facilities, or the date when goods are first taken delivery of by the purchaser, whichever is earlier, every transaction entered into between the Seller and the Purchaser in respect of any goods sold to the Purchaser, shall be governed by the following Terms and Conditions. B. All details and/or undertakings provided by the Purchaser on any credit application form/s and/or Trade Terms and Conditions of Sale forms are incorporated by reference into these terms. LIQUOR LICENCE WARRANTY BY PURCHASER & PROHIBITION OF SALE OF LIQUOR TO MINORS: 1. The purchaser is the holder of a valid liquor licence as required by the liquor act and it is entitled to purchase liquor from the seller and undertakes to immediately notify the seller in writing in the event of any claim by a third party to or any attack made on the liquor licence with regards to the validity of the liquor licence and or non-compliance with any of the conditions of the aforesaid liquor licence. 2. The purchaser shall comply with all laws and regulations relating to liquor trading and without limiting the generality of the aforegoing, ensure the conditions validity of the liquor licence and compliance with all the requirements of the liquor act and liquor licence conditions if any. 3. Its representative by virtue of its signature hereto is duly authorised to conclude this agreement with the seller and it is not prohibited by law to enter into this agreement on the terms herein contained.

12 4. The purchaser agrees not to supply alcohol beverages to persons under the age of 18 years and the seller reserves the right to suspend suppliers/terminate facilities should the seller on reasonable grounds to be determined by the seller and on a balance of probabilities suspect that the purchaser is supplying alcohol beverages to persons under the age of 18 years. CREDIT AND SECURITY: The Seller may: 1.1 Perform a credit search on the applicant s record with one or more of the registered Credit Bureaux when assessing the applicant s application for credit Monitor the credit applicants payment behaviour by researching his/her record at one or more of the Credit Bureaux Use new information and data obtained from any Credit Bureau in respect of the applicant s future credit applications Record the existence of the applicant s account with any Credit Bureau Record and transmit details of how the applicant has performed, and how the account is conducted by the applicant in meeting his/her obligations on the account with any Credit Bureau Perform a credit search on any members or shareholders of the applicant and access information about their personal credit records and any other businesses in which they are involved, when the Seller deems it necessary to do so for the purposes of the applicant s account Use information obtained from one or more Credit Bureaux to assess future credit application by the applicant. SAB reserves the right to reduce the credit facility depending on the risk of the applicant from time to time.

13 The Credit Applicant acknowledges and agreed that any information regarding his/her credit worthiness, defaults in payment to the credit grantor, and details of how his/her account the Credit Grantor is conducted may be disclosed to any other creditor of the Applicant or to one or more Credit Bureaux, subject to the terms of the National Credit Act 34 of 2005 ( NCA ). The Purchaser agrees that the Seller may adjust the Purchaser s credit limit from time to time and will notify the Purchaser thereof, and the Purchaser will accept these adjusted limits without having to resign their initial application document. The Purchaser acknowledges that it shall be entirely within the discretion of the Seller at any time and without having to give any reasons therefore to withdraw the trading facilities that may be granted as a result of this application. The Purchaser undertakes to furnish the Seller on demand with any security that the Seller may, in its sole and absolute discretion require and all costs pertaining to the drafting and stamping of any such security shall be for the account of the Purchaser and the Purchaser hereby authorises and grants unto the Seller the right to debit his/her account with such cost and disbursements. MISREPRESENTATION AND PERSONAL SURETYSHIP BY SIGNATORY: Any misrepresentation, false representation or non-disclosure made by the representative and/or person signing this document shall have the effect that the person signing this document assumes liability as Co-Principal Debtor for any amount owing to the supplier in respect of any supply made in pursuance of this information herein furnished by him/her. AMOUNTS OWING TO SAB, PAYMENTS AND DEFAULT BY PURCHASER: The Purchaser shall be responsible for the payment of all amounts owing to the Seller (SABMILLER) in respect of all goods sold to any retail sales point controlled by the Purchaser, as set out on any invoice and/or statement/account issued by or on behalf of the Seller or credit status printout from the Seller s computer systems from time to time, on the payment terms stipulated on any such invoice and/or statement/account issued by or on behalf of the Seller or credit status printout. The Purchaser accepts the condition that cash payments cannot be accepted by the driver or representative of the Seller. Cash payments will be accepted by the Seller directly into the Seller s bank account. Unless otherwise agreed in writing, the prices at which the goods are sold, shall be the Seller s ruling price as at date of delivery of the goods, whether notified to the Purchaser or not.

14 Any discount reflected on the Seller s price list and/or invoice and/or statement which the Seller may afford to the Purchaser from time to time and any change in respect thereof is subject to the sole and absolute discretion of the Seller. Any monies paid by the Purchaser may be appropriated or allocated by the Seller at its Sole discretion in payment of any amount outstanding (including interest and/or penalties), due and payable by the Purchaser to the Seller. Any invoice and/or statement/account issued by or on behalf of the Seller or credit status printout from the Seller s computer systems, shall be prima facie evidence of the amount due by the Purchaser to the Seller, valid as a liquid document for purposes of any provisional sentence, summary judgment or other proceedings instituted by the seller against the purchaser; and deemed to be sufficiently particular for the purpose of pleading or trial in any action or other proceedings instituted by the seller against the purchaser. It shall not be necessary to prove the authority and/or appointment of the person signing any such certificate. Unless the Purchaser objects in writing to the balance outstanding which appears on any monthly statement of the Seller writhing 15 (fifteen) days from the date of the statement, the balance outstanding which appears on the statement shall be prima facia proof of the amount due and owing and it shall rest with the Purchaser to prove that such amount in not due and owing. In the event of the Purchaser failing to make payment in terms hereof, all amount/s owing by the Purchaser to the Seller shall forthwith become due and payable and bear interest at a rate equal to 2 percentage points above the prime overdraft rate charged by the Sellers Commercial Bankers from time to time, calculated from the date which payment in terms of this clause should have been made, to date or both days inclusive. All returned payment/s, debit orders, defaults or unpaid items shall attract an administration charge. Should the Seller institute legal action against the Purchaser owing to the Purchaser s failure to comply with any of the provisions hereof, the Purchaser agrees to pay the following costs incurred by the Seller:

15 All legal costs incurred as a result of the Seller instructing an attorney, on the scale as between attorney and own client, as well as collection commission and tracing fees, where applicable. Notwithstanding any credit granted by the Seller to the Purchaser, the full outstanding amount, irrespective of any terms afforded to the Purchaser, shall immediately become due, owing and payable in the event of the estate of the Applicant being provisionally or finally sequestrated, liquidated or placed under judicial management whether provisionally or finally, or placed under curatorship or in the event of death of a Sole Proprietor, Sole Member or Director of the Purchaser. DELIVERY RISK AND OWNERSHIP The risk in the goods shall pass to the Purchaser on delivery at the outlet. The Purchaser shall be responsible to obtain delivery of goods purchased save that the Seller may in its discretion agree to effect delivery on such terms at is may from time to time determine. Notwithstanding the a foregoing, it is hereby agreed between the Seller and the Purchaser that in the event of any Cash on Delivery transaction, right of ownership in and to the goods shall not pass to the Purchaser until the full amount of the purchase price has been received by the Seller. The Purchaser undertakes, in the event of him/her not being the owner of the premises where the goods are delivered, to notify the Landlord of the right of ownership in and to the goods and also furnish the Seller on request with the name, address and telephone number of the Landlord in respect of all goods in which ownership is reserved as herein provided. RETURNABLE CONTAINERS AND DEPOSITS All returnable containers supplied to the customers, including but not restricted to bottles, crates, pallets & layers boards remain the property of SAB at all times. Returnable containers supplied to the customers must be returned to SAB within reasonable time after use, in a satisfactory condition for re-use, fair wear and tear excepted (as determined by the Seller). Refundable deposits will be charged on all returnable containers supplied by SAB at varying rates advised to customers from time to time. Deposits charged will be refunded in full where the containers are returned in a satisfactory condition for re-use. Where returnable containers are returned in an unsatisfactory, non- reusable condition or where returnable containers are not returned to SAB, the refundable deposit shall be forfeited. Bottles and other containers supplied in cases, pallets or other returnable outer packaging should only be returned in similar cases, pallets or outer packaging as originally supplied with a

16 single type/size of bottle per case, pallet or outer package. SAB reserves the right to reverse refunds where containers are subsequently found to be in an unsatisfactory condition. Except by prior agreement, such refund shall be applied to the invoice raised for delivery of goods made at the same time as the containers were collected. VAT will be charged/credited at the rate ruling at time of delivery on the net value of delivered and returned containers on each invoice. DELIVERY: The Purchaser accepts the condition that cash payments cannot be accepted by the driver or representative of the Seller. The Seller will endeavour to fulfil the terms of any order made by the Purchaser within a reasonable time or within the time stipulated (if any), but the Seller accepts no liability for late deliveries; it being expressly agreed that time shall not be of the essence of the Contract. The Seller reserves the right to suspend deliveries hereunder as long as the Purchaser is in default in payment for any prior delivery. Unless the Purchaser requests in writing the delivery of the goods in exact quantity as specified and such condition of delivery is agreed upon by the Seller, the shortages or surplus of the goods sold hereunder shall be charged according to the Seller s nearest packaging unit. No claim by the Purchaser in respect of the fulfilment of the terms of any order made by the Purchaser, or of delivery, whether in respect of the form of delivery, acceptance or acknowledgment of delivery of the goods, short delivery or nondelivery of the goods or in respect of the terms of or validity of any order made shall be considered by the Seller unless such claim shall have been made in writing and delivered to the Seller, within 7 (seven) days of date of delivery as reflected on the delivery note concerned. Failure by the Purchaser to submit a claim in respect of any individual transaction within the aforesaid period shall constitute acknowledgement on the part of the Purchaser that the goods have been duly delivered to the Purchaser in terms of a valid order by the Purchaser as, and in the quantity ordered, and on the date specified. Purchaser hereby irrevocably renounces (in respect of each individual transaction) any right to which it may be entitled in law as far as the delivery, short delivery or

17 non-delivery of the goods is concerned, or acceptance or acknowledgement of delivery of the goods or otherwise in respect of the validity, nature and/or interpretation of the order, should the Purchaser fail to submit a claim in the manner and period aforesaid. Force Majeure Circumstances beyond the Control of SAB: The Seller shall not be obligated to accept or fulfil any order made or shall the Seller be liable in any respect whatsoever for its failure to perform hereunder due to contingencies beyond its control, including, but not limited to acts of God, Government laws, activities of enemies of the State, civil disturbance, riot, strikes, lockouts, transport delays or accidents. The Seller shall have the right to omit during the period of such contingency all or any portion of the quantity deliverable during such period, but shall deliver the goods thereafter as and when circumstances permit. Disclaimer, Exclusion of Warranties and Liability by SAB The Seller gives no warranties whatsoever that the goods are suitable for any purpose other than consumption as alcoholic beverages, the Seller shall not be liable for any loss of profits, consequential, special, contingent or other damage or loss which may have allegedly been suffered by the Purchaser or may have resulted from any delay in supplying the goods or from any failure by the Seller to perform any of its obligations hereunder, or under any other Contract or otherwise. BREACH BY PURCHASER AND TERMINATION OF CREDIT AND TRADE TERMS BY SAB: In the event that the Purchaser breaches any term of this agreement, Seller shall be entitled to provide the Purchaser with 14 (fourteen) days written notice to the Purchaser to remedy the breach. In the event that the Purchaser fails to remedy the breach within the above notice period, SAB shall, without any prejudice to any rights that it may have in law, be entitled to: 1. Cancel any/all trade and/or credit terms, facilities or arrangements and take any/all legal steps against the Purchaser for the recovery of all amounts set out herein, and in any other trade and/or credit terms, facilities or arrangements; and/or 2. suspend any/all trade and/or credit terms, facilities or arrangements; and/or 3. suspend deliveries to the Purchaser; and/or

18 4. set off all amounts set out herein, and in any other trade and/or credit terms, facilities or arrangements owed by the Purchaser to Seller against any payments that may be due by Seller to the Purchaser (for whatever reason). GENERAL The Purchaser consents to the jurisdiction of the Magistrate s Court for the purpose of any action instituted against it, upon or arising out of the terms herein set out notwithstanding the fact by virtue of the amount of relief claimed the said action would otherwise not be witting the jurisdiction of the Magistrate s Court. The Purchaser chooses the physical address provided from time to time by the Purchaser/contained in any application form to trade with cash and/or credit facilities as the address at which the Purchaser will take service and receive any legal documents. The contact details provided from time to time by the Purchaser/contained in any application form to trade with cash and/or credit facilities shall be the contact details where the Seller may send any notices, letters or any other communications to the Purchaser. The Contract shall be governed by, construed and take effect in all respects in accordance with the law of the Republic of South Africa. No relaxation or indulgence granted by the Seller or no omission by the Seller timorously or diligently to enforce any right under this agreement, shall be deemed to amount to a waiver of that or any other right, nor to be a waiver of that or any other right for the future. The provisions of the Agreement are severable and in the event that any one or more of the conditions or terms hereof are illegal, the remaining provision and terms shall be valid and enforceable. The terms and conditions herein set out constitute the whole agreement between the Seller and the Purchaser and no violation or amendment thereof shall be of any force or effect, unless same is reduced to writing and signed by both the Seller and the Purchaser. The Purchaser s signatories here below warrant that he/she/they are duly authorised to and by his/her/their signatures certify that the information set out in the form is true and correct and that there have been no omissions or misrepresentation which could prejudice the granting of trade facilities and/or credit terms.