GENERAL TERMS AND CONDITIONS
THIS IS AN IMPORTANT LEGAL DOCUMENT. PLEASE READ IT CAREFULLY AND MAKE SURE THAT YOU ARE SATISFIED THAT YOU FULLY UNDERSTAND IT BEFORE YOU SIGN.
- These General Terms and Conditions, together with the Rental Application, will apply in respect of the rental of the Equipment and the provision of the Services (if applicable) and will, on acceptance of the Rental Application by VIDA WATER BALLITO , constitute a valid and binding agreement;
- Pursuant to the CPA, some of these General Terms and Conditions may be in “bold” text and requires your specific attention, it does not, however, mean that other remaining provisions do not require your attention and are not equally important; and
- By initialing each page hereof, including the specified clauses, you confirm that you fully understand and accept these General Terms and Conditions to be valid and binding.
1. INTERPRETATION
1.1 Unless inconsistent with the context, the words set out in hereunder will have the following meanings:
1.1.1 Agreement – the Rental Application, the General Terms and Conditions, and the Product Terms;
1.1.2 Business Day – any day excluding a Saturday, Sunday or public holiday in South Africa;
1.1.3 Business Hours – between 08:00 and 17:00 on a Business Day;
1.1.4 Certificate of Acceptance – means a certificate of acceptance;
1.1.5 Commencement Date – means the date on which Vida Water Ballito has processed, and accepted, the Rental Application;
1.1.6 Consumer – has the same meaning as contemplated in the CPA;
1.1.7 CPA – Consumer Protection Act, 2008 (Act No. 68 of 2008) and all regulations and guidelines promulgated thereunder;
1.1.8 Customer – the person specified as such in the Rental Application;
1.1.9 ECTA – the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
1.1.10 Equipment – the equipment specified in the Rental Application;
1.1.11 Fixed Term – a duration which is definite, and not month-to month duration;
1.1.12 Force Majeure Event – an unforeseen or unexpected event or occurrence beyond the reasonable control of a Party including, but not limited to, war (whether declared or not), revolution, riot, strikes, insurrection, civil commotion, invasion, armed conflict, hostile act of foreign enemy, act of terrorism, sabotage, labour disputes or action, loss or destruction of data, hacking, ransomware, computer viruses, power failure, hardware failure, software failure, system failure, act of God, plague, pandemic, serious epidemic, officially declared state of emergency, embargoes, sanctions, restrictions or sanctions, administrative action by any government authority;
1.1.13 General Terms and Conditions – these general terms and conditions;
1.1.14 Individual Consumer – a Consumer which is a natural person;
1.1.15 Initial Period – the period specified in the Rental Application which shall commence on the Commencement Date;
1.1.16 Insolvency Event – any of the following:
1.1.16.1 a Party being sequestrated, wound-up (whether provisionally or finally) or commencing business rescue proceedings by adopting a resolution, or in terms of an order of court;
1.1.16.2 a liquidator, trustee, business rescue practitioner, curator or similar official being appointed to deal with all or any substantial portion of a Party’s assets or undertaking;
1.1.16.3 a Party committing an act of insolvency, or being presumed to be insolvent, in terms of any applicable law; or
1.1.16.4 a Party taking any action, or implementing any arrangement, to benefit a creditor or class of creditors over any other creditor.
1.1.17 Lease Period – the Initial Period, including any renewal thereof, or a month-to-month duration (as the case may be).
1.1.18 Africon SA (South Africa) (Pty) Ltd trading as Vida Water Ballito Asset Company, Registration Number:2019/467545/07, a private company with limited liability, duly incorporated in terms of the laws of South Africa;
1.1.19 Parties – Vida Water Ballito and the Customer collectively, an Party shall refer to any of them (as the context requires);
1.1.20 Personal Information – has the same meaning as contemplated in the POPIA;
1.1.21 POPIA – the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
1.1.22 Prime Rate – the nominal annual compounded monthly in arrear prime overdraft rate of interest charged the bankers of the Vida Water Ballito, from time to time, calculated on a 365 (three hundred and sixty-five) day basis;
1.1.23 Product Terms – any specific terms and conditions applicable to any of the Equipment, including any manufacturer or supplier warranties in respect thereof;
1.1.24 Rental Application – the rental application submitted to Vida Water Ballito, by the Customer in respect of the rental of the Equipment and provision of the Services (if applicable), as specified in the pages preceding the General Terms and Conditions;
1.1.25 Rental Fees – the fees specified in the Rental Application;
1.1.26 Services – the services in respect of the delivery and installation of the Equipment;
1.1.27 South Africa – the Republic of South Africa;
1.1.28 Suretyship – the suretyship forming part of the Rental Application;
1.1.29 VAT – value added tax; and
1.1.30 ZAR or R – South African Rand.
1.2 In this Agreement: (i) words importing natural persons shall include legal persons and vice versa; (ii) singular shall include a reference to the plural and vice versa; (iii) one gender shall include a reference to the other genders; (iv) headings are for ease of reference and shall not affect the interpretation hereof; (v) a reference to any law or regulation shall refer to the meaning thereof as at signature, and as amended or substituted from time to time; and (vi) any reference to days, months or years shall mean calendar days, calendar months or calendar years, respectively.
1.3 Whenever the terms “such as”, “including”, “in particular”, “other” and “otherwise”, or any similar terms, are used followed by examples, such examples shall not be construed to limit the meaning of that term.
1.4 The rule of construction that this Agreement be interpreted against the Party responsible for the drafting and/or preparation thereof will not apply.
1.5 The cancellation, expiration or termination of these Terms will not affect the provisions that provide that they will continue to operate, or that must necessarily continue to have effect, notwithstanding that the clauses do not expressly provide for such continuity.
1.6 If the CPA applies to this Agreement, then the provisions of the CPA will prevail in the event of any conflict between any provision of this Agreement and the CPA
2. LEASE
2.1 Vida Water Ballito hereby lets the Equipment to the Customer, which hereby rents the Equipment from Vida Water Ballito, in return for the Rental Fees on the terms and conditions
of this Agreement.
3. DURATION
3.1 This Agreement will commence on the Commencement Date and endure for the Lease Period, unless terminated earlier as provided for in this Agreement.
3.2 If the Customer is an Individual Consumer and the Agreement is for a Fixed Term, then:
3.2.1 the Initial Period shall not exceed a period of 24 months, unless it has been expressly agreed with the Customer and there is a demonstrable financial benefit to the Customer, or if otherwise permissible in terms of the CPA;
3.2.2 Vida Water Ballito shall, not more than 80 nor less than 40 Business Days before the expiry of the Initial Period, notify the Customer in writing of the impending expiry of the Agreement (“Renewal Notice”), which notice will include any material changes that would apply if the Agreement were to be renewed and the Customer’s right to terminate or continue with the Agreement on the expiry of the Initial Period; and
3.2.3 at the end of the Initial Period, unless the Parties have agreed to a further renewal for a Fixed Term, this Agreement will continue on a month-to-month basis, subject to any material changes of which Vida Water Ballito has given notice to the Customer in terms of the Renewal Notice, unless the Customer has given notice to terminate the Agreement on the expiry date or agrees to the renewal for a further Fixed Term.
3.3 If the Customer is not an Individual Consumer and the Agreement is for a Fixed Term, then at the end of the Initial Period, the Agreement will automatically renew for a further term equal to the duration of the Initial Period, unless either Party gives the other party written notice to not renew the Agreement at least 90 days prior to the end of the Initial Period. At the end of any renewal as aforesaid, the Agreement will continue on a month-to-month basis, unless otherwise terminated in terms of this Agreement.
3.4 If the Agreement was concluded for a Fixed Term, no discounts in respect of the rental of the Equipment will apply during any automatic renewal period, unless the Parties have concluded a new written agreement for a new Fixed Term or have agreed otherwise in writing.
4. EQUIPMENT
4.1 The Customer shall only use the Equipment for its intended purpose, subject to the Product Terms (if any), and with due care and diligence, and will on termination of this Agreement return the Equipment to Vida Water Ballito in good working order and condition, fair wear and tear excepted.
4.2 The Customer shall not be entitled to dispose of, sell, alienate, transfer, encumber, or sub-let the Equipment, or otherwise grant any rights whatsoever in respect thereof, and shall not transfer the Equipment to any address, other than its chosen physical address Page 3 of 6 as specified in this Agreement, unless Vida Water Ballito has given prior written consent.
4.3 The Customer shall not alter or modify the Equipment in any manner whatsoever, without Vida Water Ballito prior written consent.
5.PAYMENT
5.1 With effect from the Commencement Date, the Customer shall pay the Rental Fees to Vida Water Ballito, which shall be payable monthly in advance. VIDA WATER BALLITO may, at any time, require the Customer to pay a deposit in respect of the Equipment or the Services and may suspend the provision of the Equipment or the Services until such payment is received.
5.2 The Customer will be liable for the payment of any amounts charged by Vida Water Ballito for the Services, which shall be payable by the Consumer on presentation of an invoice by Vida Water Ballito.
5.3 Vida Water Ballito shall periodically provide the Customer with an invoice and/or statement in respect of the amounts payable by the Customer in terms of this Agreement, provided that the Rental Fees shall be payable, irrespective of whether an invoice or statement has been issued or not.
5.4 Any invoice sent to the Customer shall on the face of it, and unless the contrary is proven, be deemed to be correct and constitute proof of the amounts due by the Customer to Vida Water Ballito.
5.5 If the Customer has agreed to a debit order in respect of the amounts payable in terms of this Agreement, then such debit order may not be cancelled without the prior written approval of Vida Water Ballito. The Customer will be liable for any costs occasioned by Vida Water Ballito, if a debit order was returned as unpaid, stopped or otherwise unsuccessful.
5.6 Vida Water Ballito shall be entitled to charge interest on any overdue amounts at a rate equal to the Prime Rate plus 5%.
5.7 The Customer shall be liable for the payment of any VAT, or any other statutory levies, taxes or imposts levied in respect of the rental of the Equipment or provision of Services pursuant to this Agreement.
5.8 The Customer warrants and represents that all amounts paid to Vida Water Ballito under this Agreement are from legitimate sources which have been verified by the Customer and such amounts are not the proceeds of, or otherwise in connection with, any form of corruption, fraud, money laundering, sanction, terrorism or criminal activities.
5.9 Any certificate signed by a director of Vida Water Ballito shall constitute proof of the amount owing by the Customer and the Customer shall, therefore, bear the onus of disproving such certificate and the amount recorded therein.
5.10 Vida Water Ballito shall be entitled to increase any amounts payable by the Consumer in terms of this Agreement, at any time, by giving at least 20 Business Days’ notice to the Consumer, subject thereto that the Consumer shall on being so notified of such increase be entitled to cancel this Agreement, without any penalty or charge, by giving 20 Business Days’ notice to Vida Water Ballito. If the Consumer does not elect to cancel the Agreement within 40 Business Days of being notified of an increase, then such right of cancellation shall lapse forthwith.
5.11 All amounts payable by the Customer to Vida Water Ballito in terms of this Agreement shall be payable, without any deduction, set-off, withholding or other charges into the bank account of Vida Water Ballito specified in the Rental Application or as otherwise nominated by Vida Water Ballito in writing.
6. DELIVERY, RISK AND OWNERSHIP
6.1 Unless the Customer chooses another delivery address, Vida Water Ballito will deliver the Equipment to a Vida Water Ballito premises, which shall be made available by Vida Water Ballito for such purpose from time to time. If the Customer, however, has elected to receive delivery at a chosen address, other than a VIDA WATER premises, then Vida Water Ballito will deliver the Equipment, and provide the Services (if applicable), at such address, during Business Hours, and the Customer shall ensure that a responsible person is available to accept delivery at the date and time arranged for delivery and will grant suitable access to WHO Vida Water Ballito’s delivery personnel or agent.
6.2 On delivery of the Equipment, the Customer shall sign a Certificate of Acceptance which shall, unless proven otherwise by the Customer and without limiting the Customer’s rights pursuant to the CPA, constitute a deemed acknowledgment by the Customer which confirms that the Equipment and the Services (if applicable) were inspected, approved and accepted in good order and to the Customer’s satisfaction, and the Customer shall within 7 days notify Vida Water Ballito in writing of any defects.
6.3 Subject to the Customer’s rights to have defective products returned, repaired or monies paid in respect thereof refunded (or remedies available in respect of services provided) pursuant to the CPA, insofar as the CPA applies to the Agreement, the Customer shall have no claim of whatsoever nature against Vida Water Ballito if, after acceptance of the Equipment and/or the Services by the Customer, it transpires that the Equipment or Services are unacceptable to the Customer for any reason.
6.4 Ownership of the Equipment shall at all times remain vested in Vida Water Ballito and shall not pass to the Customer under any circumstances, and Vida Water Ballito shall be entitled, and will be granted access, to inspect the Equipment at all reasonable times and to remove the Equipment on termination of the Agreement. The Customer shall, therefore, notify the landlord, lessor or sub- lessor of any property where the Equipment is kept of Vida Water Balito’s interest therein.
6.5 All risk in, and to, the Equipment (including for loss, damage, destruction, theft or otherwise) shall pass to the Customer, which shall assume such risk, with effect from the delivery of the Equipment to the Customer.
7. MAINTENANCE
7.1 The Customer shall take all reasonable precautions to safeguard the Equipment from any loss, destruction, or damage, and shall keep the Equipment safely and securely.
7.2 With effect from delivery of the Equipment, the Customer shall be responsible to maintain the Equipment in good working order and condition, at its own cost, and shall undertake and effect the necessary servicing, maintenance and repairs required from time to time.
8. LOSS OR DESTRUCTION
8.1 The Customer shall, for the duration of this Agreement, take out and maintain comprehensive insurance in respect of the Equipment, which shall note the interest of Vida Water Ballito in the Equipment, and a copy of the policy shall be provided to Vida Water Ballito on demand.
8.2 The Customer shall as soon as reasonably possible, but in any event not later than 7 days of the relevant occurrence, notify Vida Water Ballito in writing of any loss, damage, destruction in respect of the Equipment, together with a detailed and accurate description of the circumstances and the extent of the damage, if applicable.
8.3 Without limiting any rights of Vida Water Ballito at law or otherwise, Vida Water Ballito shall be entitled to hold the Customer liable for the total costs of repair or replacement of the Equipment (as the case may be) or if the Equipment has been discontinued, then the full replacement costs of the most comparable available equipment.
9. GENERAL OBLIGATIONS
9.1 Each Party undertakes to comply with the provisions of this Agreement and the applicable laws.
9.2 The Customer specifically undertakes to:
9.2.1 use, keep, safeguard, maintain, repair and return the Equipment in accordance with this Agreement;
9.2.2 keep Vida Water Ballito informed, and to seek the relevant consents and approvals, as and when required; and
9.2.3 Grant Vida Water Ballito, or its representatives, access to the Equipment at all reasonable times.
10. WARRANTIES
10.1 Vida Water Ballito shall use its best endeavours to ensure that the Equipment and the Services (if applicable) are supplied in accordance with this Agreement, it being recorded that some of the Equipment or Services may be manufactured or supplied by third parties, and consequently Vida Water Ballito is not always able to inspect, test or operate the Equipment or Services to ensure that it is fit for purpose or otherwise intact.
10.2 Subject to the implied warranties in terms of the CPA to the extent applicable, Vida Water Ballito makes no representations and gives no warranties in respect of the Equipment or the Services, including, but not limited to, quality, reliability, fitness or suitability for any intended purpose.
10.3 If the Equipment or Services are defective, then the Customer shall be entitled to rely on the rights, and seek relief, in terms of sections 54, 55, 56 of the CPA, to the extent applicable.
10.4 The Equipment shall be subject to the warranties recorded in the Product Terms, if applicable.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permissible by law and subject to clause 11.5:
11.1.1 Vida Water Ballito will not be liable for any injuries, claims, damages, or losses whatsoever and howsoever arising from or in connection with the rental or use of the Equipment or provision of the Services in terms of this Agreement, and the Customer agrees to indemnify and hold Vida Water Ballito harmless in respect thereof, except where a court of competent jurisdiction has determined by final order (being an order which is final and not capable of any review or appeal proceedings) that Vida Water Ballito has acted with fraud, dishonesty, gross negligence or willful default.
11.1.2 Vida Water Ballito will under no circumstances whatsoever be liable for any indirect, special or consequential claims, damages or losses whatsoever and howsoever arising from or in connection with the use or rental of the Equipment or provision of the Services in terms of this Agreement, and the liability of Vida Water Ballito shall, subject to the applicable laws, be limited to direct proven losses or damages only.
11.1.3 The aggregate liability of Vida Water Ballito arising from, or in connection with, this Agreement shall be limited to an amount which is equal to the fees paid by the Customer in terms of this Agreement.
11.2 The liability recorded in clause 11 extends to any claims, whether in contract, delict or otherwise.
11.3 Nothing in this clause 11 shall seek to limit, restrict or negate the rights of a Customer under the CPA, and if the Customer has suffered any damage or loss, then the Customer shall be entitled to rely on section 61 of the CPA, subject to the defenses and exceptions of Vida Water Ballito and/or any of its suppliers thereunder.
12. BREACH
If a Party breaches any provision of this Agreement (each of which is deemed to be material) and fails to remedy such breach within 20 Business Days after receipt of a written notice which requires the breach to be remedied, then the other Party shall, without prejudice to, or limiting, any of its rights at law or otherwise (including the right to claim damages), be entitled to claim immediate specific performance or to cancel this Agreement.
12.1 The Customer shall be liable for all costs, including legal fees on an attorney and own Customer scale, tracing fees, collection commissions, expenses and disbursements which is incurred by Vida Water Ballito in respect of the enforcement of any of its rights in terms of this Agreement.
13. TERMINATION
13.1 If the Customer is not an Individual Consumer and the Agreement is for a Fixed Term, then this Agreement may not be cancelled or terminated by the Customer during the Initial Period, save as provided for in terms of this Agreement, and if the Agreement is otherwise terminated or cancelled then the Customer will be liable for a cancellation fee equal to the total Rental Fees payable for the remainder of the Initial Period and any other applicable charges.
13.2 If the Customer is an Individual Consumer and this Agreement is for a Fixed Term, then this Agreement may be terminated at any time without reason or cause, by giving 20 Business Days’ written notice to Vida Water Ballito, provided that such termination will be subject a reasonable cancellation fee as determined in accordance with the CPA.
13.3 If the Agreement is not for a Fixed Term, then the Consumer (whether being an Individual Consumer or not) may terminate the Page 5 of 6 agreement at any time, by giving at least 30 Days’ written notice to Vida Water Ballito.
13.4 If this Agreement is concluded as a result of any direct marketing and the CPA is applicable, then the Customer shall be entitled to cancel this Agreement within 5 Business Days of the later of the date that the Agreement was concluded or the Equipment was delivered to the Customer, by giving written notice to Vida Water Ballito. Should the Customer have opened the original packaging of the Equipment or otherwise have used or damaged the Equipment prior to returning same to Vida Water Ballito’s on cancellation of this Agreement, then Vida Water Ballito shall be entitled to deduct from any reimbursement or refund which may be payable to the customer on cancellation or otherwise levy and recover, a reasonable amount for the use, damage and/or depletion of the Equipment (and any Services provided up to such date).
13.5 A Party may further terminate this Agreement with immediate effect by giving written notice to the other Party, if such other Party is subject to an Insolvency Event.
14. EFFECTS OF TERMINATION
14.1 On termination of this Agreement:
14.1.1 the Customer shall immediately return the Equipment to Vida Water Ballito in accordance with this Agreement, and failing which Vida Water Ballito shall be entitled to access the Customer’s property and take possession of the Equipment, and to recover all associated costs from the Customer; and
14.1.2 the Customer will remain liable for, and will pay on demand, all amounts outstanding at the time of termination, or which otherwise accrues thereafter in connection with this Agreement.
14.2 The termination of this Agreement shall be without prejudice to any rights, obligations or liability which accrued in respect of a Party, prior to termination (including Vida Water Ballito’s right to payment for the Equipment or Services provided under this Agreement, the return and/or replacement thereof and any
associated costs).
15. INFORMATION AND DATA
15.1 The Customer authorises Vida Water Ballito to, at any time, conduct any investigation, check or search in respect of the Customer, its identity, information supplied, financial position, source of funds and affairs, including credit & identity checks, money laundering searches, sanction screening and the like, and the Customer undertakes to provide all documentation and information which Vida Water Ballito requires for this purpose.
15.2 It is recorded that there are significant risks associated with retaining, processing and transmitting data electronically, including by way of facsimile, email or other electronic means, and any data transmitted, processed or retained in electronic form may be susceptible to interception, compromise, interference or corruption which may take various forms including, but not limited to, viruses, hacking, phishing, spoofing, trojans, ransomware or other forms.
15.3 The Customer is responsible to maintain suitable data safeguards, firewalls and anti-virus software, and verify any data transmitted or received pursuant to this Agreement and to verify the source, accuracy, correctness and legitimacy of all data, information or documentation supplied to Vida Water Ballito. Consequently, the Customer warrants and represents that all data, information and documentation supplied is accurate and legitimate, and the Customer shall immediately notify Vida Water Ballito in writing if such representation is no longer true and accurate.
15.4 Vida Water Ballito, despite reasonable attempts, cannot guarantee that any data transmitted, processed, or retained in electronic from will be free of any interference, interception or compromise. Vida Water Ballito will, therefore, to the fullest extent permissible by law, not be liable for any claims, damages or losses whatsoever and howsoever arising in respect of electronic data transmitted, processed or retained in connection with this Agreement, including any third party data breaches, and the Customer undertakes to indemnify and hold Vida Water Ballito harmless.
15.5 If the Customer provides any Personal Information relating to the Customer or any other person (including staff, members of the Customer group, associates and/or underlying customers) to Vida Water Ballito, then the Customer confirms that:
15.5.1 Vida Water Ballito (including, any related and/or interrelated company of Vida Water Ballito, any of its associates, service providers or suppliers) may collect, process, transmit and retain in South Africa or other jurisdictions, such Personal Information, which may include (but not be limited to) information such as addresses, identification numbers, registration numbers, bank account details, email addresses, telephone numbers, genders, age, postal addresses and other relevant information for the purpose of:
(i) providing the Equipment or the Services, any services related thereto and giving effect to this Agreement;
(ii) complying with the applicable laws;
(iii) conducting credit checks, identity verification and monitoring for criminal activity;
(iv) marketing & communication; and
(v) statistical analysis; and
15.5.2 it is duly authorised to collect, process, transmit and retain such Personal Information on behalf of the relevant persons (including to accept privacy notices on their behalf) and to provide such Personal Information to Vida Water Ballito pursuant to the provisions of this Agreement.
15.6 Vida Water Ballito shall, subject to the applicable laws, collect, process, transmit and retain Personal Information in connection with this Agreement pursuant to the provisions hereof and its applicable privacy or data policy from time to time.
16. FORCE MAJEURE
16.1 If any Party’s fulfilment of its obligations in terms of this Agreement are prevented, impeded or delayed by the occurrence of a Force Majeure Event, then such Party shall be relieved from performing its obligations which are affected thereby, for a reasonable period (considering all relevant circumstances), and such Party shall not have any liability arising from any non-performance of its affected obligations.
16.2 If any Force Majeure Event continues for an uninterrupted period of more than four weeks, then either party shall be entitled to terminate this Agreement by giving written notice to the other Party.
17. RECORDINGS
17.1 The Customer consents to the recording of any telephonic conversations with Vida Water Ballito, and the use of such recordings by Vida Water Ballito for the purpose of resolving any disputes or complying with the applicable laws
18. SURETYSHIP 1
8.1 If the Customer is not an Individual Consumer, then the person signing the Agreement on behalf of the Customer or another representative of the Customer will, by signing the Suretyship, bind himself/herself as surety and co-principal debtor, jointly and severally, for the due and punctual performance of the Customer’s obligations in terms of the Agreement, in favour of Vida Water Ballito, and will renounce the benefits of excussion and division.
18.2 Vida Water Ballito may, however, elect to dispense with the requirement for a Suretyship.
19. CONFIDENTIALITY
19.1 Vida Water Ballito shall not disclose information received from the Customer to third parties, unless:
(i) authorised in terms of this Agreement;
(ii) reasonably required to perform any obligations, or exercise any, rights in terms of this Agreement;
(iii) required to comply with the applicable laws; or
(iv) the Customer has otherwise consented thereto in writing.
20. NOTICES
20.1 All notices in terms of this Agreement shall be in writing, and each Party’s chosen domicilium citandi et executandi (address for giving of any notice or serving of any legal process or pleading) in connection with this Agreement, is as follows:
Vida Water Ballito’s: Physical Address is:
shop2 Crowthorne Coner, 12 Garlicke Drive, Ballito, KZN
Ø Email: info@vidawaterballito.co.za
Ø Phone: +27 320 320 193
20.1.2 Customer: The physical and email address specified in the Rental Application.
20.2 Either Party shall be entitled to change its chosen address at any time by giving written notice to the other Party, and which change shall become effective 5 Business Days after receipt of such notice.
21. GENERAL
21.1 Jurisdiction: This Agreement will in all respects be governed by and construed in accordance with the laws of South Africa and each the Customer hereby submits itself to the non exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Pretoria for all matters arising from or in connection herewith.
21.2 Whole Agreement: This Agreement shall constitute the entire agreement between the Parties in respect of the subject matter hereof. No Party shall be bound by any undertakings, representations, stipulations, warranties, promises, guarantees or the like not recorded herein. No addition to, variation, novation, suspension, waiver or agreed cancellation of any provision of these Terms shall be binding upon the Parties, unless reduced to writing and signed by or on behalf of the Parties.
21.3 Indulgence: No indulgence or extension of time which a Party (“Grantor”) may grant to the other Party shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or further rights of the Grantor in terms thereof.
21.4 Severability: Any provision of this Agreement, which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of this Agreement, without invalidating the remaining provisions.
21.5 Cession, delegation or assignment: Save as otherwise provided for in this Agreement, no Party shall be entitled to cede, delegate or assign any rights or obligations in terms of this Agreement, unless the other Party has agreed thereto in writing. Notwithstanding the aforementioned, Vida Water Ballito shall be entitled to cede, delegate or assign any rights or obligations in terms of this Agreement, provided that it is not to the Customer’s detriment, if the CPA applies.
21.6 Succession: Without prejudice to any other provision of this Agreement and if permissible in law, any lawful successor-intitle, including any executor, heir, liquidator, business rescue practitioner, curator or trustee and permitted assignee of either Party shall be bound hereby.
21.7 Consumer Status: Certain rights or benefits may be afforded to the Customer in terms of the CPA, provided that the Customer may be required to provide sufficient proof that it qualifies as a Consumer to Vida Water Ballito and, pending such proof, Vida Water Ballito may withhold any rights or benefits thereunder.
21.8 Signature: This Agreement may be signed in counterparts, each of which shall, after each Party has signed at least one counterpart, be deemed to be an original and which together shall constitute one and the same agreement.
This Agreement may be
signed by electronic signature as provided for in ECTA.
