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______ INITIAL Page 2 of 2
1 Registered Name:
2 Trading Name (if different from 1):
3 Type of Company
Sole Proprietor / Partnership:
Close Corporation:
Company:
Other:
4 Physical Address:
(Principal place of business -
deliveries)
Code:
5 Postal Address:
(for Billing)
Code:
CLIENT INFORMATION
______ INITIAL Page 3 of 3
6 Registered Address:
(if different from Physical Address)
Code:
7 Contact Details:
Name (our reference):
Telephone Number:
Mobile Phone Number:
Fax Number:
email Address:
Website:
8 Business Registration Number:
9 VAT Number:
10 Years under current ownership:
11
OTHER Partners/Directors/Officers/Owners
Name1:
ID Number:
Contact Number:
Name2:
ID Number:
Contact Number:
______ INITIAL Page 4 of 4
Name3:
ID Number:
Contact Number:
12 Type of Business
Optometrist
Cycling Shop
General Sport Shop
Other (please specify)
13 Trade References
Reference Name1:
ID Number:
Contact Number:
Reference Name2:
ID Number:
Contact Number:
Reference Name3:
ID Number:
Contact Number:
______ INITIAL Page 5 of 5
14 Banking Reference
Primary Banker Name:
Contact Number:
Bank Account Number:
Account Type:
15 Expected Monthly ASG Purchases? R
PAYMENT TERMS FOR THIS ACCOUNT:
Payment in advance unless different terms are
specifically approved. (other than payment in advance)
*Terms will only be considered for stockists of ASG Sport
Merchandise
DISCLOSURE
The information and statements in this application are true and complete and are made for the purposes of registering as a
dealer and/or attaining a line of credit with ASG Sports Solutions ("ASG"). ASG is hereby authorised to obtain or verify any
information necessary for the purposes of approving this application. Approval of this application and all future trading with
ASG South Africa is subject to the Standard Terms and Conditions of ASG. In addition to the content disclosed in this
application, the applicant confirms that there is no other information that has been withheld and that can reasonably
influence the approval of this application. The undersigned individual has authority to enter into this agreement and has
been duly authorised to execute the agreement on behalf of the applicant. By signing below the applicant hereby
acknowledges and agrees to the Terms and Conditions of ASG South Africa. ASG hereby rejects any terms and conditions
contained in the client's purchase orders or other business forms when the client's terms and conditions are inconsistent with
those of ASG. The Applicant agrees that a signature of receipt or order for all future ASG Merchandise will be regarded as
legal and binding to these terms and conditions if such signature belongs to an employee, sales person or any other
individual on the clients premises representing themselves as an agent of the applicant.
RETENTION OF OWNERSHIP
All goods ordered and delivered will remain the property of ASG until fully paid for. All ASG displays and stands are on loan to
clients and remain the property of ASG.
______________________________
DATE:
_____________________________________________
________________________________
SIGNATURE OF PRINCIPLE: PLEASE PRINT NAME: (Signature of Duly authorised Officer or Principal
required for this application to be processed)
______ INITIAL Page 6 of 6
1. GOODS
1.1 Goods shall be rendered, subject to the client's acceptance of:
i) the agreed price and conditions of
payment; and
ii) all other conditions specifically agreed to on a case by case basis.
1.2 Order prices are based on the prevailing costs to ASG SPORTS SOLUTIONS and are subject to
alteration, with prior notification to the client.
Should any of the following factors or
circumstances change subsequent to the
date of this Order, the price at the time of
delivery may change:
i) exchange rates; or ii) import duty, freight and cartage.
1.3 Where applicable, the period and terms for the replacement of defective goods are
limited to the period and terms of the express
guarantee contained in the Order. Under no
circumstances will any claim be entertained
for any consequential damage or loss of any
kind whatsoever.
1.4 Ownership of all goods ordered and/or delivered will be retained by ASG SPORTS
SOLUTIONS until such time as the full order
price has been paid. The client, however,
accepts the sole risk and responsibility for the
goods from date of delivery.
1.5 ASG SPORTS SOLUTIONS is not bound by any verbal agreement, statement or
representation by any of its employees or
representatives or any person purporting to
act on behalf of ASG SPORTS SOLUTIONS,
unless subsequently reduced to writing and
signed by both parties.
2. ACCEPTANCE OF CONDITIONS
Acceptance of the Order shall be deemed to
include acceptance of the Conditions contained
herein, and the person placing the Order on
behalf of the client, where applicable, warrants
that he/she is duly authorised so to act on behalf
of the client and also warrants that the legal entity
of the client is as stipulated in the Order. Should it
subsequently appear that he/she was not in fact
properly authorised or that incorrect information
was supplied with regard to the client's legal entity,
he/she will be liable as surety and co-principal
debtor, in his/her personal capacity, as against
ASG SPORTS SOLUTIONS, for the fulfillment of all the
obligations contained herein, and will in his/her
personal capacity be bound by all the terms and
conditions contained in both the Order and
herein.
3. PAYMENT
3.1 If the attached Order stipulates an advance payment, ASG SPORTS SOLUTIONS will not
process the order until the said advance
payment has been received.
3.2 If the attached Order stipulates “COD”, payment must be made in advance or on
delivery of goods.
3.3 All other payments will be made on terms specifically agreed to by ASG SPORTS
SOLUTIONS subsequent to an approved credit
application. Any amount not paid on due
date shall bear interest at a rate of 2 % (TWO
PERCENT) above the prime overdraft rate (per
annum) charged by ABSA Bank to its
preferred corporate clients, calculated and
compounded daily in advance as from the
due date.
3.4 No deduction for early settlement or any other discounts will be allowed on the
amounts due to ASG SPORTS SOLUTIONS
unless specifically agreed to in terms of an
approved credit application approval.
3.5 Should the client fail to pay any amount punctually on due date or commit a breach
of any of the provisions of this agreement,
ASG SPORTS SOLUTIONS shall be entitled to
forthwith claim payment of the full
outstanding balance of the order price
without any notice to the client, as well as all
its legal costs, which shall include collection
commission and costs on the scale as
between attorney and own client.
4. DEFECTS, RETURNS & CANCELATIONS
4.1 If you wish to cancel a specific order and return the stock or if you wish to return a
defective product, you must ensure that the
stock is returned to ASG SPORTS SOLUTIONS
at your expense and risk within 5 working
days of receipt of the Goods. Regretfully no
other returns can be accepted.
4.2 On the satisfactory receipt of the goods, ASG SPORTS SOLUTIONS will issue a credit
note (regret: no cash refunds) for the goods
less a 5% administration fee. No
administration fee will be levied on goods
confirmed as defective and shipping fees
incurred to return the defective products will
be credited to your account.
4.3 It is the Client’s responsibility to ensure all Goods returned are in pristine condition with
all the original packaging/labels attached
where applicable.
4.4 You may open the box(es) to examine the product and try the sunglasses for a
comfortable fit. However you must do so
without damaging or marking the product in
any way.
4.5 Regretfully we can’t accept any returns for specialized products specifically ordered for
GENERAL CONDITIONS
______ INITIAL Page 7 of 7
you (products that we do not stock) unless
they are defective.
4.6 We can not take any responsibility to replace or refund defective stock that:
i) was used subsequent to informing ASG
SPORTS SOLUTIONS of the defect or that
was used subsequent to discovering the
defect; or
ii) where the defect is a result of misuse,
inappropriate storage or neglect; or
iii) where the stock was repaired or
tampered with by anyone other than an
authorised ASG SPORTS SOLUTIONS agent
or representative.
5. LIMITATION OF LIABILITY
Any claim for damages, including, but not limited
to, loss of income, consequential or incidental
damages, against ASG SPORTS SOLUTIONS, based
on this order, shall be limited to an amount equal
to the order price or the amount actually paid by
the client to ASG SPORTS SOLUTIONS in respect of
the order in question, whichever is the lesser.
6. FORCE MAJEURE
ASG SPORTS SOLUTIONS shall not be responsible for
any loss, injury, delay or damage or casualty
suffered or incurred by the client, because of the
failure of ASG SPORTS SOLUTIONS to comply or
delay in complying with the terms of this order
which are the result of causes beyond its
reasonable control, including but not limited to
natural calamities, strikes, fires, acts of government
bodies, delays in use or sources of supply or any
commercial impracticability of any nature
whatsoever.
During any period of non-performance in terms of
Clause 6, the relevant terms and conditions of this
Order will be suspended.
Should the duration of non-performance in terms
of Clause 6, go beyond a period of 30 (THIRTY)
days, either party may cancel the order, without
any right of recourse as against each other, save
in respect of goods already delivered or money
already paid.
7. RUDY PROJECT INTERNET POLICY
Accounts must secure advance written
authorization to promote, offer, or sell Rudy
Project Eyewear, helmets and any other Rudy
Project products on the internet. Failure to do so
may result in immediate closure of your account.
Authorization to sell on line must be renewed
yearly and may not be automatically renewed or
granted. Brick & Mortar Dealers must at a minimum maintain a fully stocked 24 piece display of Rudy Project sunglasses, goggles or
frames in order to be considered for approval to
sell over the internet. Advertising or promoting
Rudy Project with internet publishers or search
engines (a publisher is an entity or website such as
Yahoo!, Google, MSN, etc. that displays
advertisements) is strictly prohibited. Offering
Rudy Project merchandise for sale in any online
auction such as Ebay or third party online stores is
strictly prohibited. Rudy Project reserves the right
to inspect the premises of each Brick & Mortar
Dealer seeking approval or renewal of the right to
sell on the internet, and will require the submission
of a digital photograph of the in office or store
presentation of Rudy Project demonstrating
compliance with the foregoing. All pricing must
comply with Rudy Project’s Unilateral Pricing
policy, and your web site must be reviewed and
approved by the Company to ensure that the
image and site demonstrates a premium image
consistent with Rudy Project’s premium brand
image. To inquire about your site being
authorized to sell Rudy Project products send an
e-mail to [email protected].
8. NON-WAIVER
No relaxation or indulgence granted by ASG
SPORTS SOLUTIONS and no omission by ASG
SPORTS SOLUTIONS to timeously or diligently
enforce any right under this agreement shall be
deemed to amount to a waiver of that or any
other rights.
9. DOMICILIUM CITANDI ET EXECUTANDI
The Parties hereto respectively choose as their
domicilium citandi et executandi for all purposes
of, and in connection with this Agreement, the
addresses stated in the approved trade/credit
application.
10. NOTICES
Any notice to be given hereunder shall be given in
writing and may be given either personally or may
be sent by post, telex or facsimile and addressed
to the relevant party at its domicilium or to such
other address as shall be notified in writing by any
of the parties to the other from time to time. Any
notice given by post shall be deemed to have
been served on the expiry of 7 (SEVEN) working
days after same is posted by recorded delivery
post or air mail. Any notice delivered personally or
sent by telex or facsimile shall be deemed to have
been served at the time of delivery or sending.
11. INTERPRETATION
In the event of any conflict between the
conditions contained herein and those contained
in the Order, the conditions in the Order will
supercede these conditions.
______ INITIAL Page 8 of 8
12. VAT & SHIPPING FEES
It is agreed that any Value Added Tax and/or
shipping fees that is or becomes payable in
accordance with the order, will be for the account
of the Client.
13. ENTIRE AGREEMENT
12.1 This document, together with the Order,
contain the entire agreement between the
parties related to any orders placed by the
CLIENT with ASG and no party shall be
bound by any undertaking, representation or
warranty not recorded herein or added
hereto as provided herein.
12.2 No alteration, variation, addition or agreed
cancellation of this Order shall be of any
force or effect unless reduced in writing and
signed by both parties or their duly
authorised signatories.
OF ASG SPORT SOLUTIONS (PTY) LTD
(“the COMPANY”)
1. This agreement will commence as soon as the client has been notified by the COMPANY that their credit
facility has been approved or when orders are processed for the client based on a credit application that
was submitted.
2. All and any business undertaken by the COMPANY, whether gratuitous or not, is undertaken in
accordance with these trading terms and conditions, incorporating the credit application form and
GENERAL ORDER CONDITIONS annexed hereto (hereinafter “the agreement”)
3. If the agreement is repugnant or in conflict with the law, then and in such event the conflicting term
embodied herein shall be deemed to be amended and/or altered to conform therewith, and such
amendment and/or alteration shall not in any way affect the remaining provisions of the agreement.
4. The agreement constitutes the entire agreement between the COMPANY and the client. No variation of
the agreement shall be binding on the parties. Any purported variation or alteration of the agreement
shall be of no force and effect, unless embodied in a written document signed by both parties.
5. Failure by the client at any time to perform the provisions of this agreement and any temporary
arrangements made by the COMPANY to accommodate the client shall not be deemed to be a waiver of
the COMPANY’S obligations under this agreement.
6. This agreement shall be governed by and construed in accordance with the laws of the Republic of South
Africa.
7. The COMPANY will dispatch a monthly statement to its clients which shall set out the clients current
balance on account and the credits and debits over the preceding month, overdue amounts (if
applicable) and the amount/s payable.
8. All accounts should be queried by a client within 10 days of dispatch of statement. The client shall be
deemed to have accepted the amount payable on the account hereafter.
9. All payments by the client shall be made in the following bank account:
ASG
ABSA BANK
Account no: 4066554801
Branch: 632005
10. The client hereby gives permission to the COMPANY to set off payments received against any amounts
due to the COMPANY which are overdue from whatsoever cause arising.
11. All payments received from the client by the COMPANY shall be appropriated firstly towards costs, then
toward interest and thereafter capital.
12. The COMPANY reserves to it the right to revoke or reduce a clients credit limit/s in the event that the client
breaches this agreement.
13. Any notice required to be given between the COMPANY and the client shall be sufficiently given if
forwarder by registered post or delivered by hand to the party’s domicilium citandi at executandi address
stipulated on the Credit Application Form, or to the client’s email address, if specifically requested by the
client.
STANDARD TERMS AND TRADING CONDITIONS
______ INITIAL Page 9 of 9
13.1 Every notice shall be deemed to have been received and given if posted, not later than four(4)
working days from date of posting, if hand delivery, upon receipt of the notice by the recipient,
alternatively if sent via email, within 6 working hours of receipt.
13.2 Should either party desire to change their domicilium citandi at executandi address, they shall do
so by written \ notice to the other party.
14. If the client is a natural person and is in default of the agreement, the domicilium citandi at executandi
shall be entitled to enforce and to cancel the agreement, 10 business days after drawing the client’s
attention to their default.
15. The client shall be liable to the COMPANY for default administration charges in respect of each letter
necessarily written for the purpose of debt enforcement, which charge shall be the equivalent amount
allowed for the registered letter of demand, in an undefended action in terms of the Magistrates Court Act
32 of 1944, together with the reasonable and necessary expenses incurred to deliver the letter.
16. All legal costs incurred by the COMPANY in consequence of the COMPANY taking steps to enforce the
agreement, the instituting of legal action against the client, and/or the recovery of monies due to the
COMPANY post-litigation, including collection commission, shall be recoverable by the COMPANY from the
client on an attorney and client basis.
17. Should any dispute arise between the parties whether in regard to the interpretation of the of this
Agreement, a breach of any of its terms, variation or cancellation thereof, or any other matter, then and in
18. Such event the party referring the dispute shall have an election to refer the matter to the Magistrates
Court having jurisdiction, alternatively refer such dispute to a single arbitrator to be agreed upon between
the parties.
19. Should the client be sequestrated, or if the client is a company/closed corporation/trust and it:
Defaults in the punctual payment of any amount due in terms of this agreement;
Fails to observe and/perform its obligations in terms of this agreement;
Commits an act of insolvency, or is placed under judicial management, liquidated or otherwise wound-up; Assigns, surrenders or attempts to assign or surrender its estate, suffers a default judgment against it
which remains unsatisfied for more than 14 (fourteen) days, or reaches to attempt to reach a compromise
with its creditors;
Has made a materially incorrect or untrue statement or representation in or relation to the information contained herein, including but not limited to the state of its financial affairs, or do anything which might
prejudice the COMPANY’S rights in granting it credit.
Then, following any one of the aforesaid events, the COMPANY shall have the right, without prejudice to
any other rights the COMPANY may have, claim immediate payment of any and all amounts payable to it
by the client.
I/We, the undersigned do hereby bind myself/ourselves jointly and severally as surety/ies and co-principal
debtor/s in solidum for and in favour of The COMPANY or its successor in title, for the due and proper
fulfillment of the entire obligation and for punctual payment of all amounts due or to be incurred in future
by the Applicant. I/WE hereby renounce the benefits of legal exceptions benefit of division of debt and
prior excussion, benefit of simultaneous citation and division of debt, revision of accounts and no value
received. I/WE declare that I/WE fully understand the debt, revision of accounts and no value received.
I/WE declare that I/WE fully understand the meaning of the said legal exceptions. I/WE choose the under
mentioned addressas domicilium citandi et executandi. I/WE consent to the jurisdiction of the Magistrates
court, notwithstanding the possibility that any amount claimed could fall outside the jurisdiction of the
Magistrates Court and further undertake to pay all legal expenses incurred, including cost on an attorney-
client scale, collection charges and tracing fees, in the recovering of all amounts due to The COMPANY.
THUS DONE AND SIGNED AT ________________________ ON THE _____ DAY OF 20_______.
___________________________ ______________________________
______ INITIAL Page 10 of 10
SIGNATURE (SURETY) NAME IN PRINT
_____________________________________________________________________________________
STREET ADDRESS (SURETY)
____________________________________
ID NO.
___________________________ ______________________________
SIGNATURE (WITNESS) NAME IN PRINT
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