Terms & Conditions – Future Gold

PRODUCT, QUALITY AND SAMPLES:
1. The purchase price of the bullion coins shall be the price reflected in the Supplier’s written quotation or over the telephone or in limited instances the Supplier’s standard price list as provided by the Supplier to the customer and shall only be valid for the period indicated thereon.
2. Unless agreed to by the Supplier, all payments are to be made via a debit order, EFT or credit card.
3. The customer, hereby authorises the Supplier to use Stratcol (or any other third party at the Supplier’s discretion) to collect and obtain debit orders made by the customer, on behalf of the Supplier, as per the debit order authorisation form or any such other form. To the extent that Stratcol is the third party, the customer consents to the terms and conditions as set out or any such other terms and conditions of any third party. The customer hereby grants a stipulatio alteri (a stipulation in favour of a third party) in favour of Stratcol or any other third party contemplated above, to provide the services on the basis as contemplated above, and such stipulatio alteri (a stipulation in favour of a third party) is capable of being accepted at any time by Stratcol or any other third party.
4. The pricing and payment terms have been set out by the sales consultant.
5. All payments must be made directly to a nominated bank account.
6. Cancellation of the debit order by the customer does not cancel this Agreement, the customer will still be expected to make the required monthly payments as and when they are due to the Supplier.
OWNERSHIP AND RISK:
1. Upon final payment of the instalments the customer must, within 30 (thirty) days of such completion, elect to make one of the following arrangements with the Supplier:
  1. Courier the coin set to a nominated destination. The agreed courier fees need to be paid by the client before the coins are dispatched. (POA)
  2. Conclude an agreement with the Supplier for the storage of the bullion coins at an annual fee of R499 (four hundred and ninety-nine rand) annually for each bullion coin. (annual storage fee is subject to change)
  3. Request a buy-back of the coin set. (POA)
2. Ownership of bullion coins sold to the customer shall remain vested in the Supplier until the purchase price of such coins have been paid in full.
3. In the event where the customer has paid all of the instalments and has not elected to make any of the arrangements mentioned in 2.1 above, the Supplier will, within 30 (thirty) days from final payment charge a monthly fee for storage and insurance. This amount must be paid before the bullion coins are released.
4. The customer will become the owner of the coins and/or once he/she has paid all amounts owing to the Supplier.
DISCLOSURE OF PERSONAL INFORMATION:
1. The customer understands that the personal information given to the Supplier is to be used by the Supplier for the purpose of assessing the customer’s financial position and ability to adhere to this Agreement. The customer confirms that the information given is accurate and complete. The customer further agrees to update the information supplied, in order to ensure the accuracy and completeness of the information given, failing which the Supplier will not be liable for any loss or damages as a result of any inaccuracies or lack of completeness of information and the customer hereby indemnifies the Supplier against any such loss or damage.
2. The Supplier has the customer’s consent at all times to contact and request information from any persons, credit bureau or business and to obtain any information relevant to the customer’s credit or financial assessment.
3. Subject to applicable law, the customer agrees and understands that information given in confidence to the Supplier by a third party in respect of the customer will not be disclosed to the customer.
4. The customer hereby consents to and authorises the Supplier at all times to furnish credit or financial information concerning the customer’s dealings with the Supplier to a credit bureau and to any third party seeking a trade reference regarding the customer in his dealings with the Supplier.
5. The customer consents that the Supplier may in its sole discretion store personal information relating to the customer indefinitely unless the customer objects, in which case such personal information will only be stored by the Supplier if it is permitted to do so in terms of relevant legislation.
6. The Supplier may use the information provided to it by the customer to contact and market other products and services to the customer.
DEFAULT OF PAYMENTS AND INSTALLMENTS:
1. In the event where a customer fails to pay their monthly instalments or any other amount/s, the customer will have to pay an administration fee of R100 (one hundred rand) for each month that they are in default for. This amount must be paid when the next instalment is due.
2. Where a customer fails to pay their monthly instalments on more than 2 (two) occasions, the Supplier will have the option of cancelling the Agreement with damages, it being recorded and agreed that the Supplier shall be entitled to reasonable damages.
BREACH:
1. Should the customer fail to make any payment of any amount due on the applicable due dates, or breach any of the other terms and conditions contained herein (all of which are deemed to be material) or commit an act of insolvency, or allow a judgment to be entered against it, or be provisionally or finally liquidated or sequestrated, which may in any way whatsoever negatively impact upon the ability of the customer to comply with any of its current of future obligations in terms of this or any other agreement between the Supplier and the customer (a “Breach”), and fail and/or refuses to remedy such Breach within 20 (twenty) business days of written notice by the Supplier calling for such Breach to be remedied, then, without prejudice to and in addition to its other legal remedies and any rights under this agreement, the Supplier shall be entitled to immediately cancel this agreement or any unfulfilled part thereof on written notice to the customer.
2. If the Agreement is cancelled by either the Supplier or the customer, due to a material breach, the innocent party will be entitled to damages and any other legal remedies. and a failure to correct that breach within 20 business days from receiving a written demand to do so.
3. All amounts under this Agreement, unless required by law or otherwise, shall be exclusive of Value Added Tax (“VAT”), save for any cancellation or administration fee which may become payable upon which VAT will be charged at the prevailing rate.
GENERAL:
1. This Agreement represents the entire agreement between the Supplier and the customer.
2. No amendment and/or cancellation of these terms and conditions, shall be of any force or effect unless reduced to writing and signed by, the customer, and a director of the Supplier.
3. The customer acknowledges that no warranties, representations or guarantees have been made by the Supplier or on behalf of the Supplier which may have induced the customer to sign this Agreement.
4. The customer may rescind this Agreement if it resulted from direct marketing without reason or penalty, by notice to the Supplier in writing within 5 (five) business days after the date of this Agreement.
5. Save as contemplated in clause 6.4, if the customer gives a written cancellation notice, the Supplier is entitled to charge a reasonable cancellation and administration fee, at the Supplier’s reasonable discretion, which will be calculated on a case by case basis, and such fee will not be less than 20% (twenty percent) of the amounts paid by the customer.
6. No relaxation or indulgence which the Supplier may give at any time in regard to the carrying out of the customer’s obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of the Supplier’s right in terms of this Agreement.
7. Subject to applicable law, the customer shall not cede its rights nor assign its obligations in terms hereof without the Supplier’s prior written consent thereto.
8. The Supplier shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this Agreement to any third party with prior notice to the customer.
9. The customer undertakes to notify the Supplier in writing within a period of 7 (seven) days of any change of address, change in ownership, name change or any changes in information as set out in this Agreement and shall likewise inform the customer of any such changes affecting the Supplier.
10. Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms.
LEGAL PROCEEDINGS AND NOTICES:
1. These terms and conditions (including their existence, validity, interpretation, implementation, termination and enforcement) and all modifications and amendments hereof, shall be governed by and decided upon and constructed and interpreted under and in accordance with the laws of the Republic of South Africa.
2. For purposes of applying for urgent relief, the customer and the Supplier hereby consent and submit to the non exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) in any dispute arising from or in connection with this agreement.
3. A certificate issued and signed by any member or manager of the Supplier, whose authority need not be proved, in respect of any indebtedness of the customer to the Supplier or in respect of any other fact, including the fact that the coins were sold shall be prima facie (until the contrary is proved) evidence of the customer’s indebtedness to the Supplier and prima facie (until the contrary is proved) evidence of such other fact and prima facie (until the contrary is proved) evidence of the delivery of the coins.
4. The physical address provided by the customer to the Supplier shall be recognised as the customer’s address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. The Supplier chooses its domicilium (place of notice) as 15A1 Sinosteel Plaza, 159 Rivonia Road, Morningside Ext, Sandton 2196. The customer shall be liable for all costs incurred by the Supplier in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and 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.