STANDARD TERMS AND CONDITIONS OF AGREEMENT
The abovementioned legal entity will hereinafter be referred to as “Talisman”.
Talisman is in the business of hiring, selling, repairing, installing and preparation of
industrial equipment and accessories (hereinafter referred to as “goods”).
1. The Customer agrees that:
1.1 this Agreement represents the entire Agreement between the Customer and the
legal entity as referred to on the Hire Contract / Delivery Note and / or Tax Invoice
and / or Credit Application and / or Cash Customer Information and Suretyship
(hereinafter called “Talisman”), and that no alterations or additions to this Agreement
may be effected unless agreed to by both parties, reduced to writing and signed by
the Customer and a duly authorised representative of Talisman;
1.2 this Agreement will govern all future contractual relationships between the
1.3 this Agreement is applicable to all existing debts and future debts between the
1.4 this Agreement is final and binding and is not subject to any suspensive or
resolutive terms or conditions;
1.5 any conflicting conditions stipulated by the Customer are expressly excluded;
1.6 these terms supersede all previous conditions of Agreement without prejudice to
any securities or guarantees held by Talisman; and
1.7 these terms apply to all servants and subcontractors of Talisman.
2.1 This Agreement only becomes final and binding on receipt and acceptance of
this offer by Talisman at its business address as recorded on the Hire Contract /
Delivery note, and / or Tax invoice, and / or Credit Application and Credit
Agreement, and / or Cash Customer Information and Suretyship.
2.2 Any order only becomes final and binding on receipt and acceptance of such
order by Talisman at its business address per clause 2.1.
3. Surety and co-principal debtor:
3.1 The signatory hereby binds himself / herself in his / her personal capacity as
Shareholder (in the case of a company), Member (in the case of a close
corporation), or Owner or Partner, as surety and co-principal debtor jointly and
severally for the full amount due to Talisman and agrees that these Standard Terms
and Conditions of Agreement will apply in the exact same way to him / her.
3.2 It is specifically recorded that the signatory in his / her capacity as surety
chooses its address for any notification or service of legal documents or processes
as the business address of the customer or his / her physical addresses as found in
the Credit Application or Hire Contract / Delivery Note or Tax invoices.
3.3 The Customer guarantees payment to Talisman of the difference between any
amount owed to Talisman immediately prior to any compromise, settlement or
pursuant to any business rescue plan as provided for in the Companies Act No 71 of
2008 and the amount that Talisman actually received from the Customer by way of
reduction of Talisman’s claim against the Customer, whether having received the
amount by way of compromise, settlement or pursuant to any business rescue plan,
irrespective of whether the plan provides for the release of the Customer, or under
any circumstance of whatsoever nature.
4. Utilization of goods:
4.1 The Customer acknowledges that it does not rely on any representations made
by Talisman in regard to the goods and services or any of its qualities leading up to
this Agreement other than those contained in this Agreement. All specifications,
price lists, performance figures, advertisements, brochures and other technical data
furnished by Talisman in respect of the goods or services orally or in writing will not
form part of the Agreement in any way unless agreed to in writing by Talisman.
4.2 The Customer agrees that neither Talisman nor any of its employees will be
liable for any negligent or innocent misrepresentations made to the Customer.
4.2.1 It is the sole responsibility of the Customer to determine that the goods or
services ordered are suitable for the purposes of intended use.
4.2.2 The Customer acknowledges that it is aware of the purpose for which the
goods were designed as well as all safety and maintenance procedures and
personal protective equipment, which are required in respect of the goods by any
lawful authority, and safety and maintenance procedures. The Customer
acknowledges that it has the necessary knowledge, and knows how to safely and
correctly use the goods.
4.2.3 The Customer hereby indemnifies Talisman and all its personnel for all
damage or loss suffered by the Customer or any third party, should the goods be
used for any other purpose as it was designed for.
4.2.4 The Customer confirms that it uses the goods at its own risk and indemnifies
Talisman against any claims of any nature brought against it by the Customer,
employees, agents or representatives or third parties arising out of the use of the
goods while under the control of the Customer in terms hereof and all costs and
expenses or representation shall be binding on the Customer.
4.2.5 Talisman does not undertake to furnish the Customer with any technical
advice, but should it do so, it does not warrant the correctness thereof.
4.2.6 The Customer may in no way cede, nor assign this agreement, nor sub-let the
4.2.7 The failure by the Customer without the prior written consent of Talisman to
either retain possession or removal from the intended hire site or use of the goods
for any purpose other than indicated at the time of order or use outside the time
provisions or use of the goods by unauthorised, inexperienced, unqualified or
unlicensed persons will incur penalties of 50% (fifty percent) of the agreed daily rate
from the moment of occurrence until issue of an off-hire delivery note by Talisman.
4.3 The Customer agrees to pay all additional costs resulting from any acts or
omissions by the Customer including suspension of work, modification of
requirements, failure or delay in giving particulars required to enable work to
proceed on schedule or requirements that work be completed earlier than agreed.
4.4 Talisman reserves the right at its sole discretion to provide alternative goods of
the same quality and quantity at the prevailing prices to those ordered by the
Customer should such goods be superseded, replaced or their manufacture
5. Hire period:
5.1 The hire period (HP) shall commence when the Customer takes delivery of the
equipment and shall end when Talisman accepts return of the goods during its office
hours, provided that in the case of goods delivered and to be collected by Talisman,
the HP shall be regarded as having endured until the Customer has notified the Hire
Desk at Talisman (THD) per telephone, or by fax, or in person of termination of the
HP. In the event that notification of termination of the HP is effected by way of fax,
the Customer must also notify Talisman telephonically. The Customer shall
immediately on receipt of notice by Talisman be allocated with a Hire termination
number (HT number) and the onus will be on the Customer to obtain a HT number.
In case of dispute as to the date and time of notice of termination of a hire by a
Customer, the HT number and the recorded date and time (as by Talisman) of the
allocation of such number, shall constitute prima facie proof of the giving of notice by
the Customer and the date and time when such notice was given.
5.2 In the event that the Customer fails to return goods on the date of termination,
Talisman shall be entitled to payment of damages in an amount equal to the hire
charges as set out in this agreement, until the goods are returned, replaced or paid
for in full.
5.3 The HP shall continue until such date and time when:
i) the Customer gives notice to Talisman by phone or fax and in turn receives a
HT number, or
ii) the Customer returns the goods to Talisman, or
iii) Talisman gives notice to the Customer by phone or fax, after which Talisman
has the right to collect the equipment from the Customer or the Customer’s site.
5.4 The hire charges in respect of this agreement will end on the date and time of
acceptance of the goods by Talisman.
5.5 In the event that the Customer:
i) Does not specify the HP for goods hired; and/or
ii) If the Customer has not arranged for the hire to be for an undetermined period
then the HP for unreturned goods will be deemed to be 24 (twenty four) hours, or
until terminated by either party.
5.6 Notwithstanding that the Customer specified the HP for goods hired, the
Customer shall inform Talisman 1 (one) day prior to the termination of the hire period
of the date, time and place where the goods are to be collected. If the goods are not
ready for collection when Talisman arrives to collect the goods, the Customer shall
be liable to pay for the extra time being in possession of the goods and also for the
miscollection of the goods, as per the Standard Rates of Talisman (available on
5.7 Either party may terminate the extended HP by giving 24 (twenty four) hours
5.8 The Customer must obtain a valid HT number in circumstances so stipulated in
terms of this Clause 5, and in all circumstances obtain from Talisman a copy of the
hire contract / delivery note on which the returned goods were documented, in order
for the termination to be valid.
5.9 It is recorded that Saturdays will be deemed to be a working day if the Customer
does not notify Talisman in writing to the contrary.
5.10 It is recorded that 1 (one) working day is the equivalent of 9 (nine) business
6.1 All quotations will remain valid for a period of 5 (five) days from the date of the
6.2 All quotations are subject to the availability of the goods or services and subject
to correction of good faith errors by Talisman and the prices quoted are subject to
any increases in the cost price, including currency fluctuations, of Talisman before
dispatch of the goods.
6.3 If the Customer disputes the amount of increase, the amount of the increase
may be certified by any independent auditor and such certificate shall be final and
binding on the Customer.
6.4 A signed delivery note shall constitute prima facie proof that the goods have
been delivered to be received and examined by the Customer in good condition and
that the goods duly represent the goods ordered by the Customer at the prices
agreed to by the Customer and where delivery has already taken place, the
Customer is satisfied that these conform in all respects to the quality and quantity
ordered and are free from any defects, whether signed by the Customer, an
employee, an agent or representative of the Customer.
7. Goods in good order:
The Customer must notify Talisman of any defects within 1 (one) hour of taking
delivery. Talisman shall determine whether the goods is defective or unfit for the
purpose for which it is intended and shall be entitled to either terminate this
Agreement or refund any hire charges already paid, or replace the defective goods.
8. Breakdown, repair, replacement:
8.1 The Customer shall, at his own cost, keep the oil and fuel levels to the standard
required by Talisman until the goods are returned to Talisman.
8.2 The Customer shall immediately notify Talisman of any breakdown or defect and
shall not attempt to repair the goods or replace any parts. Talisman shall be entitled
to repair or replace the goods at its costs at the Customer’s principle place of
business unless Talisman in its sole discretion determines that the breakdown is due
to improper use of or failure to service and maintain the goods in which event the
Customer shall on demand reimburse Talisman with all costs incurred as a result of
8.3 The Customer shall return the goods in a clean state and in good order, fair wear
and tear excluded. In the event that the goods are lost, destroyed or damaged as a
result of any direct or indirect act or omission by the Customer, its employees or
agents prior to the return thereof, the Customer shall be liable to make good the new
replacement cost thereof (including Value added tax) and hire charges shall
continue until the Customer has paid for or replaced the lost goods. If goods are
returned in an unclean state, the Customer shall be liable for reasonable costs to
Talisman for cleaning of the goods.
8.4 Should it be agreed that Talisman shall remove the goods at the end of any HP
from the relevant site where it is situated; the Customer shall ensure that the goods
are readily accessible, properly vacated and recoverable. The Customer indemnifies
Talisman against all claims for damages or losses incurred as a result of the direct
or indirect act or omission by the Customer, its employees or agents, during the
removal of the goods from the relevant site.
8.5 In the event of a breakdown or defect of any of the goods hired by the Customer,
the Customer shall notify the THD by way of telephone of such breakdown. The
Customer shall immediately on receipt of notice by Talisman be allocated with a
Breakdown number (BD number). In case of dispute as to the date and time of the
allocated number, the date and time as allocated by the THD on its documentation
shall constitute prima facie proof of the date and time that the Customer gave its
notice in terms of this clause.
8.6 If a call-out is requested by the Customer, and the breakdown or defect occurred
because of negligence such as equipment running out of fuel or equipment not being
switched on, and a Talisman technician needs to intervene, refuel, bleed or switch
on, the applicable rate per hour will be as per the Standard Rates of Talisman,
available on request, calculated from the time the technician leaves the Talisman
premises until time of return. A travelling fee per kilometre to and from the site will be
charged as per the Standard Rates of Talisman, available on request.
9. Orders and delivery:
9.1 Notwithstanding the provisions of clause 1 above, all orders or agreed variations
to orders, whether orally or in writing, shall be binding and subject to these Standard
Terms and Conditions of Agreement and may not be revoked by the Customer.
9.2 Talisman shall be entitled in its sole discretion to split the delivery / performance
of the goods or services ordered in the quantities and on the dates it decides.
9.3 Talisman shall be entitled to invoice each delivery / performance actually made
10.1 The risk of damage to, destruction or theft of goods shall pass to the Customer
on the moment of dispatch and the Customer undertakes to comprehensively insure
the goods for the new replacement value (including Value added tax), until the
goods are returned.
10.2 The Customer shall at all times be fully responsible for the goods prior to the
return thereof, and shall return it to Talisman at the expiry of the HP or on
cancellation of the agreement provided that, in the case where Talisman has
contracted to collect the goods, Talisman shall carry the risk from the moment of
taking the goods in its possession on collection, or within 48 (forty eight) hours
(Saturdays, Sundays and public holidays excluded) from notification of termination of
hire by the Customer (whom should be in possession of a valid HT number),
whichever happens first.
10.3 Talisman shall at all reasonable times be entitled access of the premises of the
Customer for the purposes of inspection; and / or repairing; and / or repossession of
the goods (clause 21); and / or cleaning; and / or servicing the goods.
11.1 Under no circumstances will Talisman be liable for any damages arising from
any use, misuse, abuse or improper care of the goods by the Customer, its
employees or its agents causing the goods to be damaged whilst in the care and
control of the Customer, its employees or its agents.
11.2 Under no circumstances shall Talisman be liable for any consequential
damages including loss of profits or for any delictual liability of any nature
whatsoever whether caused negligently or innocently.
11.3 Delivery and performance times quoted are merely estimates and are not
binding on Talisman.
11.4 If Talisman agrees to engage a third party to transport the goods, Talisman is
hereby authorised to engage a third party on the Customer’s behalf and on the terms
deemed fit by Talisman.
11.5 The Customer indemnifies Talisman against any claims against Talisman that
may arise from such agreement in clause 11.4.
12.1 Talisman warrants that the goods are fit for the purpose of intended use and
that no other warranties, nor representations, shall be binding on Talisman unless
such warranties or representations are in writing and signed by a duly authorised
representative of Talisman and all other guarantees including common law
guarantees are hereby specifically excluded.
12.2 Any item delivered to Talisman shall serve as pledge in favour of Talisman for
present and past debts and Talisman shall be entitled to retain or realise such
pledges as it deems expedient at the value as determined in clause 21.1. The sworn
or realised value of pledged goods will be offset against the Customer’s debts any
excess balance will be paid to the Customer.
13.1 The Customer hereby irrevocably and in rem suam (concerning one’s own
affairs) cedes, pledges, assigns, transfers and makes over to and in favour of
Talisman, all its rights, title, interest in and to all claims of whatsoever nature and
description and howsoever arising which the Customer may now, or at any time
hereafter have against all and any persons, companies, corporations, firms,
partnerships, associations, syndicates and other legal personae whomsoever
without exception as continuing covering security for the due payment of every sum
of money which may now or at any time hereafter be or become owing by the
Customer from whatsoever cause or causes arising, which the Customer may be or
become bound to perform in favour of Talisman, if being acknowledged that this
cession is a cession in securitatim debiti and is not an out and out cession.
13.2 Should it transpire that the Customer entered into prior deeds of cession or
otherwise disposed of any of the rights, title and interest in and to any of the debts
which will from time to time be subject to the cession, then this cession shall operate
as a cession of all the Customer’s reversionary rights.
14. Place of delivery:
Delivery of the goods or services to the Customer shall take place at the place of
business of Talisman.
15. Payment terms:
15.1 The Customer agrees that the amount contained in a Tax Invoice issued by
Talisman shall be due and payable unconditionally
a) cash on order (South African currency); or
b) if the Customer is a cash hire Customer, the cost of the hire and a deposit (as
determined by Talisman); or
c) if the Customer is a credit approved Customer, within 30 (thirty) days from the end
of the month in which a Tax invoice was issued by Talisman.
15.2 The Customer agrees to pay the amount on the Tax invoice at the offices of
15.3 The risk of payment by cheque through the post rests with the Customer.
15.4 Should any amount not be paid by the Customer on the due date, then all other
amounts in respect of all transactions between Talisman and the Customer shall
become due, owing and payable irrespective of the date(s) when these transactions
took place or when payment of same would have become payable.
15.5 The Customer agrees to notify Talisman in writing if an invoice amount is
disputed within 14 (fourteen) days of receiving the invoice, after which date the
invoice amount will be deemed to be correct and final.
16. Withholding of payment:
16.1 The Customer has no right to withhold payment for any reason whatsoever and
agrees that no extension of payment of any nature shall be extended to the
Customer and any such extension will not be applicable or enforceable unless
agreed to by Talisman, reduced to writing and signed by the Customer and a duly
authorised representative of Talisman.
16.2 The Customer is not entitled to set off any amount due to the Customer by
Talisman against this debt.
16.3 All discounts shall be forfeited if payment in full is not made on the due date.
17. Certificate of indebtedness:
The Customer agrees that the amount due and payable to Talisman may be
determined and proven by a certificate issued and signed by any director or member
or manager of Talisman, whose authority need not be proven, or by any independent
auditor. Such certificate shall be binding and shall be prima facie proof of the
indebtedness of the Customer.
18. Computer evidence:
Any printout of computer evidence tendered by any party shall be admissible
evidence and no party shall object to the admissibility of such evidence purely on
grounds that such evidence is computer evidence or that the requirements of the
Electronic Communications and Transactions Act 25 of 2002 have not been met.
19.1 The Customer agrees that interest shall be payable at the maximum legal
interest rate prescribed by the National Credit Act 34 of 2005 if that Act is applicable,
or at double the repo-rate as declared by the Reserve Bank from time to time if that
Act is not applicable, on any moneys past due date to Talisman and that interest
shall be calculated daily and compounded monthly from the date of acceptance of
19.2 The Customer expressly agrees that no debt owed to Talisman by the
Customer shall become prescribed before the passing of a period of 6 (six) years
from the date the debt falls due.
20.1 The Customer agrees that if a Tax invoice is not settled in full
a) against order; or
b) within the period agreed in clause 15.1 above in the case of a credit approved
then Talisman is entitled to:
i) immediately institute action against the Customer at the sole expense of the
ii) cancel the Agreement and take possession of any goods hired or sold to the
Customer and claim damages.
These remedies are without prejudice to any other right Talisman may be entitled to
in terms of this Agreement or in law.
20.2 Talisman reserves its right to stop supply immediately on cancellation or on
20.3 A credit approved Customer will forthwith lose this approval when payment is
not made according to the conditions of clause 15.1 c) and all amounts then
outstanding shall immediately become due and payable.
20.4 Talisman shall be entitled to withdraw credit facilities at any time within its sole
21.1 In the event of cancellation, the Customer shall be liable to pay
a) the difference between the selling price and the value of the goods at the time of
b) all other costs incurred in the repossession of the goods.
The value of repossessed or retained pledged goods shall be deemed to be the
value placed on them by any sworn valuator after such repossession, and such
valuation shall be conclusive proof of the value. If the goods are not recovered for
any reason whatsoever, the value shall be deemed to be nil.
21.2 In the event of cancellation of the Agreement by Talisman, it shall be entitled to
repossess those goods hired or sold that have been delivered to the Customer and
remains unpaid by the due date.
21.3 In the event of cancellation of the Agreement by Talisman, it is entitled not to
produce any unmade balance of a contract and to recover any loss sustained
thereby from the Customer.
22.1 All goods supplied by Talisman remain the property of Talisman until such
goods have been fully paid for whether such goods are attached to other property or
22.2 The Customer is not entitled to sell or dispose of any goods unpaid for without
the prior written consent of Talisman. The Customer shall not allow the goods to
become encumbered in any manner prior to the full payment thereof and shall
advise third parties of the rights of Talisman in the goods.
22.3 If any goods supplied to the Customer are of a generic nature and have
become the property of the Customer by operation of law (confusio or commixtio)
the Customer shall be obliged on notice of cancellation of the Agreement to
retransfer the same quantity of goods in ownership to Talisman.
23. Sheds, containers, guard huts and mobile toilets:
23.1 The Customer shall, prior to the relocation of either sheds, containers, guard
huts or mobile toilets to another site, obtain the written approval from Talisman. In
the event that the Customer contravenes the terms of this clause then and in that
event the Customer shall bear the surplus charge levied by Talisman for travelling
costs incurred, which charge will be similar to the service charge levied for the
maintenance of the mobile toilets.
23.2 The Customer must specifically state the date of relocation as well as the full
particulars regarding the new site address.
23.3 If the goods being moved are sheds, containers or guard huts and the
Customer did not obtain the necessary written approval as is stated in Clause 23.1
above, then and in that event then the Customer will be responsible for any
damages incurred in the process of relocation.
23.4 If the goods being moved are sheds, containers or guard huts and the
Customer did obtain the necessary written approval from Talisman as is stated in
Clause 23.1 above, but the Customer attached certain structures to the sheds,
containers or guard huts, then and in that event the Customer shall be liable for any
extra costs incurred by Talisman in order to remove or relocate the said sheds,
containers or guard huts.
23.5 If the mobile toilets are not accessible for removal and / or is obstructed in
some way that may cause difficulty for Talisman to remove or service the said
toilets, then and in that event the Customer shall bear the extra costs that may be
incurred by Talisman in order to do the same.
24. Core Drilling:
24.1 Prior to Talisman commencing any concrete core-drilling work on behalf of the
Customer, the Customer must advise Talisman of, point out and clearly mark the
precise location of any and all services and / or internal structural support system/s
embedded below the core-drilling surface (“embedded services and / or structural
24.2 The embedded services which the Customer has a duty to identify, point out
and mark include, but are not limited to, electrical services, gas services, fuel
services, sewer services, pumping services, sewer connections, sewer sludge
mains, water mains, irrigation pipes, plumbing services, telephone cables, fibre optic
cables, oil pumping mains, and any other embedded services and structural
reinforcement that could be damaged by core drilling on the site.
24.3 While Talisman undertakes to take the necessary precautions to avoid drilling
damage to any and all embedded services and / or structural reinforcement the
Customer agrees to indemnify Talisman in respect of any and all loss, damage,
costs and/or fines of any nature, which may be sustained, by the Customer in
consequence of Talisman, whether directly or indirectly, causing damage to the said
embedded services and / or structural reinforcement due to the Customer not
identifying, not having pointed out and / or incorrectly pointed out and not clearly
marking the precise location of the said embedded services and structural reenforcement as per clause 24.1.
25. Legal cost and proceedings:
25.1 The Customer shall be liable to Talisman for all legal expenses on the attorneyand-own-Customer scale incurred by Talisman in the event of:
a) any default by the Customer; or
b) any litigation in regard to the validity and enforceability of this Agreement.
The Customer shall also be liable for any tracing, collection or valuation fees
incurred as well as for any costs, including stamp duties, and for any form of security
that Talisman may demand.
25.2 The Customer agrees that Talisman will not be required to furnish security in
terms of Rule 62 of the Rules of Court of the Magistrate’s Courts or in terms of Rule
47 of the Law of the Supreme Court 59 of 1959.
25.3 The Customer hereby consents that Talisman shall have the right to institute
any legal action in either the Magistrate’s Court or the High Court as per the
jurisdiction as recorded on the Hire contract / Delivery note and / or Tax invoice and /
or Credit Application, at its sole discretion. These South African courts shall have
exclusive jurisdiction in any litigation between the parties arising from whatsoever
The Customer agrees that no indulgence whatsoever by Talisman will affect the
terms of this Agreement or any of the rights of Talisman and such indulgence shall
not constitute a waiver by Talisman in respect of any of its rights herein. Under no
circumstances will Talisman be estopped from exercising any of its rights in terms of
27. Legal Addresses and Notices
27.1 The Customer chooses its address for any notification or service of legal
documents or processes as the business address or the physical addresses
(domicilium citandi et executandi) of any Director (in the case of a company), any
Member (in the case of a close corporation) or of the Owner(s) or Partner(s) as
found in the Credit Application or Cash Customer Information and Suretyship or Tax
27.2 Any document shall be deemed duly presented to and accepted by the
a) within 5 (five) days of prepaid registered mail to any of the Customer’s business or
postal addresses or to the personal address of any director, member or owner of the
b) within 24 (twenty four) hours of being faxed to any of the Customer’s fax numbers
or any director’s, member’s or owner’s fax numbers; or
c) on being delivered by hand to the Customer or any director, member or owner of
the Customer; or
d) within 48 (forty eight) hours if sent by overnight courier; or
e) within 7 (seven) days of being sent by surface mail; or
f) within 24 (twenty four) hours of being e-mailed to any e-mail address provided by
27.3 The Customer undertakes to inform Talisman in writing within 7 (seven) days of
any change of Director, Member, Shareholder, Owner or Partner, or any change of
any address, or 14 (fourteen) days prior to selling or alienating the Customer’s
business, and failure to do so will constitute a material breach of this Agreement.
Upon receipt of such written notification, Talisman reserves the right, at its sole
discretion, to withdraw any credit facility advanced to the Customer.
28. Personal information:
28.1 The Customer hereby consents to the storage and use by Talisman of the
personal information that it has provided to Talisman for establishing its credit rating
and to Talisman disclosing such information to credit control companies, banks and
other institutions involved in rating credit. The Customer agrees that Talisman will
not be held liable for the good faith disclosure of any of this information to such third
parties and that no further specific consent needs to be obtained for the transfer of
such information to a specific third party.
28.2 The Customer hereby consents that Talisman can provide personal information
of the Customer to third parties, if the Customer has indicated Talisman as a trade
reference to third parties and the Customer agrees that Talisman will not be liable for
the good faith disclosure of any of this information to such third parties.
29. Variable credit facility:
The Customer hereby agrees that the credit facility is a variable credit facility and
that Talisman shall be entitled to increase its credit limit from time to time.
30. Passenger Transport Indemnity
Any person making use of transport provided by Talisman driven by its owner or any
of its employees or its agents or any person acting on behalf of Talisman, in the
course of Talisman’s business, do so entirely on their own risk. The signatory hereto
indemnify Talisman against any loss or damages (including consequential or special
damages or loss of profits), loss of life, bodily injury or damage to or loss of property
of whatsoever nature, whether or not caused directly or indirectly, by any form of
negligence of Talisman, its owner or any of its employees or its agents or any other
person acting on behalf of Talisman arising out of or connected in any way with the
conveyance or carrying of any person as a passenger in or upon any vehicle or any
person entering into or getting onto or alighting from any vehicle on any private or
public road in the Republic of South Africa.
31. Standard rates:
31.1 The Customer agrees to the Standard Rates of Talisman for any goods or
services rendered, which rates may be obtained on request.
31.2 Each provision of this Agreement is severable from the other provisions. Should
any provision be found to be invalid or unenforceable for any reason, the remaining
provisions of this Agreement shall nevertheless remain binding and continue with full
force and effect.
32. Cancellation of orders by Talisman:
32.1 Any order is subject to cancellation by Talisman due to acts of God or any
circumstance beyond the control of Talisman, including (without restricting this
clause to these instances): inability to secure labour, power, materials or supplies,
war, civil disturbance, riot, state of emergency, strike, lockout, or other labour
disputes, fire, flood, drought or legislation.
32.2 Any order is subject to cancellation by Talisman if the Customer breaches any
term of this Agreement or makes any attempt of compromise, liquidation,
sequestration, termination or judgement is recorded against the Customer or any of
32.3 The Customer agrees that Talisman will be immediately and irrevocably
released from any contractual damages and penalty obligations should any event in
Clause 32.1 or 32.2 occur.
33. Exclusion of NCA and CPA:
33.1 If the National Credit Act 34 of 2005 is applicable the following clauses in this
agreement shall be severed:
Clauses 4.2, 25.3, and 29.
33.2 If the Consumer Protection Act 68 of 2009 is applicable the following clauses in
this agreement shall be severed:
Clauses 4.2, 6.2, 6.4, 10.1, 11.2, 12.1, 12.2, 16.2, 19.2, 24.1, 25.3, 27.1, 27.2, and
34. S.A. law:
This Agreement and its interpretation are subject to South African law.