:: TERMS AND CONDITIONS

44. The Customer has no right to withhold payment for any reason whatsoever and agrees that any extension of time given for payment shall be valid only if reduced to writing and signed by the Customer and a duly authorised representative of Eagle.

45. Set off of undisputed, liquidated and payable amounts due between the Customer and Eagle shall operate automatically.

46. All discounts shall be forfeited if payment in full is not made on the due date.

47. Any printout of computer evidence tendered by any party shall be admissible evidence and the parties shall not object to the admissibility of such evidence purely on grounds that such evidence is computer evidence, or that the requirements of the Computer Evidence Act have not been met.

BREACH AND CONSEQUENCES OF BREACH

48. The Customer agrees that if an account is not settled in full:

48.1 against order; or

48.2 within the period agreed in clause 41, Eagle is entitled to:

48.2.1 immediately institute action against the Customer at the sole expense of the Customer; or

48.2.2 cancel the Agreement and take possession of any products delivered to the Customer and claim damages.

49. These remedies are without prejudice to any other right Eagle may be entitled to in terms of this Agreement or in law. Eagle reserves its right to stop supply immediately on cancellation or on non-payment.

50. In the event of cancellation, Eagle is entitled to cease producing any unmade balance of an order, and to recover any loss sustained thereby from the Customer.

51. A Credit Approved Customer will forthwith lose this approval when payment is not made in accordance with the conditions of clause 41 and all amounts then outstanding shall immediately become due and payable.

52. The Customer agrees that interest shall be payable to Eagle at the maximum legal interest rate prescribed in terms of the Usury Act from time to time on any amounts in arrears, and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order.

53. The Customer shall be liable to Eagle for all legal expenses incurred by Eagle on the attorneyand- own client scale in the event of:

53.1 any default by the Customer; or

53.2 any litigation in regard to the breach, validity, or enforceability of this Agreement.

54. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs, including stamp duties, for any form of security that Eagle may demand.

55. The Customer shall pay twenty thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer.

56. The Customer irrevocably authorises Eagle to enter its premises to repossess any products delivered, without court order, and indemnifies Eagle completely against any damage whatsoever, relating to the removal of repossessed products.