The Applicant hereby agrees to the Following Terms:
"The Company": means Kenote Finance (Pty) Ltd, Registration Number 2016/198902/07 or any of its holding, subsidiary, associated or affiliated
companies, their successors in title and assigns.
- The Company reserves the right at any time to cancel, withdraw, vary or amend any credit facility granted to the applicant, without prior
notice. In the event that the Company withdraws or cancels such credit facilities, all amounts owing by the applicant to the Company will
immediately become due, owing and payable.
- In granting any credit facility, the Company shall be entitled to act either as agent or principal, at its election.
- The applicant shall not be entitled to rely on the benefit of exceptio non causa debiti.
- All credit facilities shall be subject to the terms and conditions of this credit application form which shall operate in addition to the terms on
the reverse of the relevant sea transport document, as well the Company's Standard Trading Terms and Conditions, and tariffs, as amended
from time to time, copies of which are available on request.
- The decision whether or not to grant credit to the Applicant is in the sole discretion of the Company. A credit agreement between the
Applicant and the Company will not have been concluded until the Company has communicated its acceptance of this credit application to the
Applicant, which acceptance (or rejection, as the case may be) shall be communicated either orally or in writing.
- The Applicant warrants that all the information contained in this credit application form is true and correct and authorises the Company to
use any reasonable means to verify this information.
- The Applicant warrants that its annual turnover exceeds the thresholds set out in the National Credit Act 34 of 2005 and the Consumer
Protection Act 68 of 2008.
- The Applicant indemnifies the Company and against any and all legal costs (on an attorney and own client scale), including tracing agency
fees and collection charges incurred by the Company and in the event that it instructs attorneys to recover any amounts owing to it by the
- The Customer hereby consents to the non-exclusive jurisdiction of the High Court of South Africa, South Gauteng Local Division,
Johannesburg, exercising its Admiralty Jurisdiction.
- The Applicant shall be liable to pay interest on all overdue amounts, calculated daily and compounded monthly, at the prime rate of interest
- The Individual signing this agreement on behalf of the application warrants that he/she has the necessary authority to bind the Applicant.
In the event that it transpires that the said signatory did not have the necessary authority, then in that event, the said signatory will be liable
for all the obligations of the applicant, in his/her capacity as co-principal debtor.
- IN ADDITION, THE SIGNATORY HERETO BINDS HIM/HERSELF AS SURETY AND CO-PRINCIPAL DEBTOR, ENTITLING THE COMPANY TO
RECOVER PAYMENT FROM HIM/HER IN HIS/HER PERSONAL CAPACITY IN THE EVENT THAT THE APPLICANT FAILS TO TIMEOUSLY PAY
ANY AMOUNT DUE.
- The signatory in his/her capacity as surety hereby renounces all benefit arising from or out of the legal exceptions which may be applicable
namely the benefits of "excussion", "division", "cession of action", "non causa debiti", "no value received" and "errori calculi", with the meaning,
force and effect whereof the signatory acknowledges him/herself to be fully acquainted.
- The Applicant nominates its street address set out above as its chosen domicilum citandi et executandi for service of any legal notices, pleading
- No relaxation or indulgence granted to the applicant by the Company at any time, shall be deemed to be a waiver of any of its rights in
terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create
any estoppel against the Company.
- Any agreement purporting to vary the terms and conditions set out herein or any consensual cancellation, shall not be valid unless reduced to
writing and signed by a duly authorised director of the Company.