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CREDIT APPLICATION FORMKREDIET AANSOEK VORM
GAUTENG BRANCH -TEL: 012 377 9000
Email: clientservice@ transpharm.co.zaEmail: orders@
transpharm.co.zaW ebsite: www.transpharm.co.za
WESTERN CAPE BRANCH -TEL: 021 929 2120Email: infowc@
transpharm.co.zaW ebsite: www.transpharm.co.za
This form must be completed in full by the applicant and
returned to:• Tel: 0 12 3 7 7 9 0 9 2 ( Option 1) or• Fax : 0 8 6 4
16 15 7 1• Email: newaccounts@ transpharm.co.za
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If Company/Close Corporation/Trust/Partnership: FULL NAME OF
BUSINESS: REGISTRATION NUMBER:
(Pty) Ltd Ltd Close Corporation Partnership Trust (please tick
the appropriate box)
Please include a copy of the official registration document and
furnish full names of all directors/members/trustees/partners
1. ID:
2. ID:
3. ID:
4. ID:
NATURE OF THE BUSINESS: CONTACT PERSON: DESIGNATION: Note: If
the applicant is a medical doctor and the account will not be held
in his/her own name, then the attached dedicated form for medical
doctors must also be completed and returned together with this
application form.
TRANSPHARM PTY LTD Registration Number: 1994/006582/07
(“Transpharm”)
CREDIT APPLICATION
1. APPLICANT DETAILS:
Application for: (Tick appropriate box) 30 day account (No
Minimum Order)
Cash on delivery (R1000 Minimum Order) 30 day account
(R1000)
If individual / sole proprietor:
FULL NAME AND SURNAME: _
IDENTITY NUMBER:
Please attach a copy of your identity document
MARITAL STATUS:
IF MARRIED, STATE:
Antenuptual agreement (married out of community of property)
In community of property (in which case this application is to
be in the name of and signed by both spouses)
Other (Please specify)
This form must be completed in full by the applicant and
returned to:
Tel: 012 377 9092 (Option 1); or • Fax: 086 416 1571 • E-mail:
[email protected]
FOR OFFICE USE: INFORMATION AND/OR COMMENTS: Account No: Rep
Name:
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5. TRADE REFERENCES:
Company Name Address Tel No. Fax No. Credit Limit Monthly
Purchase
Date account opened
Security provided
6. GRANTING OF CREDIT:
6.1 Transpharm will notify you in writing within approximately 7
(seven) working days after receipt of the duly completed credit
application form whether or not your application for credit has
been granted and also the maximum amount of credit allowed by
Transpharm (“credit limit”). The credit limit shall remain in place
indefinitely, provided that Transpharm shall be entitled to
unilaterally revoke or suspend the facility and/or to vary and/or
reduce the credit limit, from time to time.
6.2 Transpharm may, from time to time, insure its debtor’s book.
In that event, you will be required to co-operate with Transpharm’s
insurer and
provide assistance with regard to the furnishing of general
information that may be required by the relevant insurer or its
agents.
7. ACCOUNTS
Transpharm accounts are processed in the following manner:
7.1 You will be invoiced for purchases on delivery. Transpharm
will render monthly statements of account to you at your postal
address provided to us. The amount invoiced (“the amount due”) must
be paid in full, without any deduction or set-off, within 30
(thirty) days of the date of the statement. In this context, a
“month” is considered as a 30 (thirty) day period and runs from the
25th day of the month in which the statement was rendered to you,
to the 24th day of the following month. In the event that the 24th
falls on a Sunday or a public holiday, the month end will fall on
the next business day.
7.2 Payments can be made by cheque, deposit or electronic
transfer, except in the case of cash on delivery (COD) accounts
which can only be
paid by means of cash deposits or electronic funds transfer
(payment by cheque will not be accepted). In the case of deposits
and electronic transfers, a copy of the deposit slip or proof of
payment must be faxed to the relevant person at Transpharm handling
your account in order for the payment to be allocated to your
account.
7.3 A remittance advice must accompany the payment.
7.4 Your Transpharm account number must be quoted as a reference
and, must be printed on the front of the cheque when making
payment.
7.5 Any enquiries regarding your account with Transpharm may be
directed to Transpharm’s accounts department, details of which will
be
communicated to you.
7.6 When making payments on overdue amounts, all payments
received will firstly be allocated to interest due on those
amounts.
7.7 Should payments be overdue, Transpharm shall be entitled to
suspend your account and not be obliged to render any further
services to you, without notice, until the overdue amount and
interest thereon has been paid in full.
7.8 Purchases through our respective Gauteng branch and Western
Cape branch will be invoiced independently. Separate invoices
and/or
statements will be issued by these branches and your account(s)
must be settled directly with the branch from which you receive the
invoice and/or statement.
8. INTEREST
8.1. If payments are not made timeously in accordance with
paragraph 7 above, the amount due will be regarded as overdue (“the
overdue amount”), and you will be liable for interest on the
overdue amount, calculated from the date on which payment of the
amount was due (“due date”) until date of final payment, both days
inclusive.
8.2. Interest will be charged by Transpharm on an overdue amount
at a rate of 2% (two percent) per month on the overdue amount of
your
statement, calculated from the due date until the date of final
payment, both days inclusive.
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SUPPLY TERMS AND CONDITIONS OF TRANSPHARM (PTY) LTD Registration
Number: 1994/006582/07
("Transpharm")
1. Interpretation
1.1 In these terms and conditions, unless the content clearly
indicates otherwise, the following terms shall bear the meanings as
set out herein, and cognate expressions shall bear cognate
meanings:
1.1.1 “Client” means the person or legal entity whose
particulars are as set out in clause 9 below;
1.1.2 “goods” means the goods sold by Transpharm to the Client
in the ordinary course of business;
1.1.3 “month” means a 30 (thirty) day period which runs from the
25th day of the month in which the statement was rendered to the
Client, to the 24th day of the following month. In the event that
the 24th falls on a Sunday or a public holiday, the month end will
fall on the next business day;
1.1.4 “parties” means Transpharm and the Client;
1.1.5 “Transpharm” means the supplier of goods under this
agreement under the Gauteng branch and/or Western Cape branch;
and
1.1.6 “overdue amount” means the amount due to Transpharm after
the Client has failed to make payment thereof on the due date
therefor, in terms the invoice/statement rendered by Transpharm to
the Client on a monthly basis.
1.2 The headings in these conditions are for the convenience
only, and are not to be taken into account for the purposes of
interpretation.
2. Terms and conditions These terms and conditions, read with
the terms and conditions contained in the application for credit,
apply to any sale of goods by Transpharm to the Client, from time
to time, and supersede any terms and conditions which may be
contained in any Client document. The Client agrees that any of its
terms and conditions of contract are expressly excluded. Upon
signature of these terms and conditions (and application for
credit), the Client acknowledges and agrees that he/she/it has read
these terms and conditions and considers himself/herself/itself
bound by the terms hereof.
3. Exclusion and limitation of liability
3.1 Transpharm shall not be liable for any damage whatsoever
(including consequential damage) suffered by the Client (including
its employees and/or representatives) and/or any other
user/consumer of the goods as a result of any latent or patent
defects in the goods, any loss of profit or special damages of any
nature unless caused as a result of a deliberate or grossly
negligent act or omission on the part of Transpharm.
3.2 The Client (including its employees and/or representatives)
hereby indemnifies and holds Transpharm harmless against all
actions, proceedings, costs, damages, claims and demands of any
kind whatsoever and howsoever arising from any cause whatsoever
(including a breach by the Client of its obligations hereunder) in
respect of or in relation to the use, consumption or sale of the
goods, unless caused as a result of a deliberate or grossly
negligent act or omission on the part of Transpharm.
3.3 The aggregate liability of Transpharm for any claims arising
in connection with the supply of the goods will be limited to the
actual price paid or payable in respect of the goods concerned,
save to the extent that such liability cannot be excluded or
limited by law.
Important Notice Please read our terms and conditions of supply
carefully. These terms and conditions contain specific provisions
to limit the liability of Transpharm, constitute an assumption of
risk or liability by you and be an acknowledgement of certain facts
by you. These terms and conditions have been set out in bold
letters.
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Applicant Initial
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4. Delivery and Risk
4.1 Any time or period stated for delivery of goods is
approximate. Transpharm will endeavour to deliver the goods within
a reasonable time of the order or within the time stipulated, if
any.
4.2 Unless otherwise agreed, goods will be delivered free of
charge. The despatch of the goods by courier or mail or otherwise
as requested by the Client shall be at the Client’s sole risk.
4.3 The signature of any employee or agent of the Client, which
appears on Transpharm’s delivery note, waybill or invoice shall
constitute prima facie proof of the delivery of the goods. The
Client acknowledges that it shall not be a defence in its favour
that the person issuing an order, receiving goods or an invoice is
not authorised or entitled to do so.
4.4 Transpharm shall not be held liable for any damages and/or
inconvenience suffered by the Client (including its employees
and/or representatives) as a result of a delay in the delivery of
the goods ordered.
4.5 The risk in and to the goods shall deem to have passed to
the Client from the time of delivery thereof.
5. Payment Terms
5.1 Payment in respect of the goods will be made in accordance
with clauses 6 and 7 of the credit application, as agreed between
Transpharm and the Client, from time to time. Failing an agreement
to the contrary, payment shall be on delivery, without any
deduction or set-off.
5.2 When payment is overdue, Transpharm shall be entitled to
suspend the Client’s credit facility and any further delivery of
goods, without notice and without prejudice to any other legal
remedy. In addition, Transpharm shall be entitled to charge
interest at the rate of 2% (two percent) per month, on the overdue
amounts from the date on which the Client failed to make payment of
the amount due, until the date of final payment, both days
inclusive.
5.3 If Transpharm institutes legal action against the Client
arising out of a breach of these terms and conditions, the Client
will be liable for all legal costs incurred on the scale as between
attorney and client, including collection commission.
5.4 The Client agrees and declares that an account and
certificate rendered by Transpharm and certified by the manager
thereof, showing the amount of the Client’s indebtedness from time
to time or at any time (including interest due and accrued), shall
be prima facie proof of the contents and correctness of the matters
contained in such account and certificate.
6. Warranties and Exclusions
6.1 Any recommendation or suggestions relating to the goods
supplied by Transpharm, either in technical literature or in
response to a specific enquiry, is given in good faith, but is for
the Client to satisfy himself of the suitability of the goods for
any particular purposes, and he shall be deemed to have done
so.
6.2 Subject to relevant laws, Transpharm’s liability under these
supply terms shall be limited to replacing any goods shown to be
defective or, at Transpharm’s option, reimbursement of the price
paid by the Client in relation to the goods.
6.3 Transpharm shall not be liable in terms of clause 6.2 above
to replace any goods delivered or in respect of incorrect execution
of orders unless it receives notice from the Client within 48
(FORTY EIGHT) hours of the time of delivery, providing details of
incorrect execution of orders or defective goods, to enable the
complaint to be investigated. A credit w i l l be passed upon
reciept of goods provided that such goods are clean, without any
markings or labels and in the original sealed packaging.
6.4 Transpharm shall not be bound by or liable in terms of any
representation, warranty, guarantee or undertaking made by any
employee or agent purporting to act on its behalf unless such
representation, warranty, guarantee be reduced to writing and
signed by an authorised representative of Transpharm.
6.5 The Client (including its employees and/or representatives)
indemnifies Transpharm against and holds it harmless against any
claims made by any purchaser or consumer of goods sold by
Transpharm to the Client arising from or incidental to any accident
or injury suffered by such purchaser or consumer in respect of the
sale or supply of the goods, save to the extent that such claim
arises from Transpharm’s gross negligence or deliberate default or
omission.
7. Cancellation and Suspension
7.1 If any amount owed by the Client is not paid on due date,
then without prejudice to any other right Transpharm may have, it
may immediately suspend the credit facility available to the Client
and the carrying out of any of its uncompleted obligations until
the payment is made.
7.2 If the Client commits a breach of any of the terms and
conditions contained herein and/or the credit terms, then without
prejudice to any other right Transpharm may have to claim damages
against the Client, Transpharm may cancel this agreement, suspend
the credit facility or any uncompleted part of it and may also
claim immediate payment of any amounts due by the Client together
with interest and legal costs, whether payable or not.
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Applicant Initial