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:: TERMS AND CONDITIONS

57. The Customer is not entitled to sell or dispose of any products unpaid for without the prior written consent of Eagle. The Customer shall not allow the products to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Eagle in the products.

58. Eagle is entitled to exercise a lien over any of the Customer's property in its possession until all outstanding debts have been paid.

59. The Customer, or any agent acting on its behalf, on whose behalf or at whose instance any services are rendered hereby indemnifies Eagle and all of its employees against any liability which Eagle may incur to any other person as a result of the production of any material produced.

60. The Customer hereby consents to the storage and use by Eagle of:

60.1 the personal information that it has provided to Eagle for establishing its credit rating; and

60.2 the subsequent conduct of the Customers account, and to Eagle disclosing such information to credit control companies, banks and other institutions involved in rating credit.

61. The Customer agrees that Eagle will not be held liable for the good faith disclosure of any of this information to such a third party and that further specific consent need not be obtained for the transfer of such information to such third party.

62. Any order is subject to cancellation by Eagle if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgement is recorded against the Customer or any of its principals.

63. The Customer agrees that Eagle will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in clause 28 or 63 occur.

 

 

64. In the event of the Customer being in arrears with any payment or in breach of any term of this Agreement, Eagle is entitled to cancel all contracts with immediate effect.

WAIVER, NOTICES, VALIDITY, INTERPRETATION AND GENERAL

65. The Customer agrees that any indulgence whatsoever by Eagle will not affect the terms of this Agreement or any of the rights of Eagle and any such indulgence shall not constitute a waiver by Eagle in respect of any of its rights herein. Eagle will not be estopped from exercising its rights in terms of this Agreement under any circumstances whatsoever.

66. Eagle shall not be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever.and.

67. The Customer chooses its address for legal execution as its physical or business address or the physical addresses of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s).


68. The Customer undertakes to inform Eagle, in writing, within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address, or 14 days prior to selling or alienating the Customer's business. Failure to do so will constitute a material breach of this Agreement. Upon receipt of such written notification, Eagle reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.

69. The invalidity of any part of this Agreement shall not affect the validity of any other part.

70. The Customer hereby consents that Eagle shall have the right to institute any legal action in either the Magistrate's Court or the High Court at its sole discretion.

71. This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts referred to in clause

 

 

 


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Copyright 2005-2006 Eagle Screenprint all rights reserved

Eagle Screenprint, based in Cape Town South Africa, was founded in 1968 and has been one of the leaders in the screen and digital printing sector in South Africa. The company has recently been acquired by new management and continues to provide world class customer-service, unparalleled printing quality and competitive prices.