1. PAYMENT BY CUSTOMER
1.1. INCIDENTAL CREDIT FACILITY
1.1.1. The grant of incidental credit facility and the terms and conditions applicable hereto, will be at the sole and exclusive discretion of 911 EMERGENCY RECOVERIES.
1.1.2. The APPLICANT acknowledges that the representations made in the application form are material to such grant of the credit facility.
1.1.3. In the event that 911 EMERGENCY RECOVERIES agrees to grant the APPLICANT the credit facility, the APPLICANT will be notified, by phone or in writing thereof, and in accordance with the applicable terms and conditions. Such written notification will form part of the Agreement.
1.1.4. 911 EMERGENCY RECOVERIES may, without incurring any form of liability, and at any time without notice to the APPLICANT:
a)Withdraw the APPLICANT’S credit facility.
b)Amend or vary the terms of 911 EMERGENCY RECOVERIES credit facility.
1.2. CASH CUSTOMER
Where the Customer is a cash Customer, payment must be made in advance of 911 EMERGENCY RECOVERIES rendering the Service, on presentation of a pro-forma invoice by 911 EMERGENCY RECOVERIES to the Customer.
2. RECOVERY OF LEGAL / COLLECTION COSTS
3. PAYMENT TERMS ON INCIDENTAL CREDIT FACILITIES
3.1 The APPLICANT will pay for the services rendered within 30 (thirty) days from date of statement, unless otherwise agreed.
3.2 All payments will be made by the APPLICANT without any deduction or set-off of whatsoever nature or for whatsoever cause, and free from any and all exchange, bank or other charges.
3.3 911 EMERGENCY RECOVERIES may at any time and in its discretion, appropriate or re-appropriate any monies received from the APPLICANT towards any indebtedness of the APPLICANT to the 911 EMERGENCY RECOVERIES, and the APPLICANT expressly waives its right to name the debt or account to which any payment made by it will apply.
3.4 The APPLICANT will not be entitled to defer payment of any monies payable to 911 EMERGENCY RECOVERIES on the grounds that the APPLICANT’S alleges that it has a claim against 911 EMERGENCY RECOVERIES or that there is a dispute between them.
3.5 911 EMERGENCY RECOVERIES will be entitled to charge interest on all overdue amounts at a rate determined from time to time, and the APPLICANT will be liable to pay such interest.
3.6 All recovered vehicles and/or goods and without limitation, any other related item, shall be subject to a special and general lien or pledge either for moneys due in respect of such recovered vehicles and/or goods or for other monies due to the 911 EMERGENCY RECOVERIES from the APPLICANT, if any.
3.7 If any moneys due to 911 EMERGENCY RECOVERIES are not paid within 14 (fourteen) calendar days after notice has been given to the APPLICANT or person from whom the moneys are due that such goods or documents are being detained, they may be sold by public auction or by private treaty or in some other way disposed of for value at the sole discretion of the 911 EMERGENCY RECOVERIES and at the expense of such person, and the nett proceeds (if any) applied in or towards satisfaction of such indebtedness.
3.1 The APPLICANT will pay for the services rendered within 30 (thirty) days from date of statement, unless otherwise agreed.
3.2 All payments will be made by the APPLICANT without any deduction or set-off of whatsoever nature or for whatsoever cause, and free from any and all exchange, bank or other charges.
3.2 All payments will be made by the APPLICANT without any deduction or set-off of whatsoever nature or for whatsoever cause, and free from any and all exchange, bank or other charges.
3.4 The APPLICANT will not be entitled to defer payment of any monies payable to 911 EMERGENCY RECOVERIES on the grounds that the APPLICANT’S alleges that it has a claim against 911 EMERGENCY RECOVERIES or that there is a dispute between them.
3.7 If any moneys due to 911 EMERGENCY RECOVERIES are not paid within 14 (fourteen) calendar days after notice has been given to the APPLICANT or person from whom the moneys are due that such goods or documents are being detained, they may be sold by public auction or by private treaty or in some other way disposed of for value at the sole discretion of the 911 EMERGENCY RECOVERIES and at the expense of such person, and the nett proceeds (if any) applied in or towards satisfaction of such indebtedness.
4. THE APPLICANT’S WARRANTIES AND UNDERTAKING
4.1 If the APPLICANT is a Company, then 911 EMERGENCY RECOVERIES will still have the right to request copies of the APPLICANT’S financial statements or management accounts from time to time to satisfy itself that the APPLICANT is trading and creditworthy.
4.2 The APPLICANT will give 911 EMERGENCY RECOVERIES not less than 14 (fourteen) days prior written notice of any intended change in its shareholding, members, directors, owners or partners, and/or any intended sale of its business or the major portion of its assets; failure to do so will constitute a material breach of this agreement.
4.3 The APPLICANT will provide and/or procure the signature and/or conclusion and/or execution, to and/or in favour of 911 EMERGENCY RECOVERIES of such securities as 911 EMERGENCY RECOVERIES may in its sole and absolute discretion from time to time consider necessary to secure the APPLICANT’S obligations to 911 EMERGENCY RECOVERIES hereunder.
4.1 If the APPLICANT is a Company, then 911 EMERGENCY RECOVERIES will still have the right to request copies of the APPLICANT’S financial statements or management accounts from time to time to satisfy itself that the APPLICANT is trading and creditworthy.
4.2 The APPLICANT will give 911 EMERGENCY RECOVERIES not less than 14 (fourteen) days prior written notice of any intended change in its shareholding, members, directors, owners or partners, and/or any intended sale of its business or the major portion of its assets; failure to do so will constitute a material breach of this agreement.
4.2 The APPLICANT will give 911 EMERGENCY RECOVERIES not less than 14 (fourteen) days prior written notice of any intended change in its shareholding, members, directors, owners or partners, and/or any intended sale of its business or the major portion of its assets; failure to do so will constitute a material breach of this agreement.
4.3 The APPLICANT will provide and/or procure the signature and/or conclusion and/or execution, to and/or in favour of 911 EMERGENCY RECOVERIES of such securities as 911 EMERGENCY RECOVERIES may in its sole and absolute discretion from time to time consider necessary to secure the APPLICANT’S obligations to 911 EMERGENCY RECOVERIES hereunder.
5. DOMICILIUM
6. CERTIFICATE OF INDEBTEDNESS
A certificate signed by Executive Management or any Director of 911 EMERGENCY RECOVERIES – whose position and signature will not be necessary to prove – reflecting the amount owing by the APPLICANT to 911 EMERGENCY RECOVERIES, in respect of any credit facilities granted to the APPLICANT relating to the APPLICANT’S dealings with 911 EMERGENCY RECOVERIES, and of the fact that such amount is due, owing and unpaid will be considered as adequate proof – on its mere production – of the outstanding amount for the purpose of any action (whether by provisional sentence or otherwise), proof of debt on insolvency or for any purpose whatsoever where the amount of such claims are required to be established, and it will rest with the APPLICANT to prove that such amount is not owing and or due and unpaid.
7. CONSENT TO SHARING INFORMATION
The APPLICANT and any person who may sign an acceptance surety document specifically warrants that 911 EMERGENCY RECOVERIES has consent to:
7.1 Carry out a credit enquiry from time to time with one or more credit bureaus, credit information agents, credit insurance companies or other creditors / trade references of the APPLICANTS in terms of this agreement.
7.2 911 EMERGENCY RECOVERIES may transmit details to credit bureaus, credit information agents, credit insurance companies or other creditors of the APPLICANT on how the APPLICANT has performed in meeting its obligations in terms of this agreement. Such information may be shared for purposes of making risk management decisions and preventing fraud.
7.3 If the APPLICANT fails to meet its commitments to 911 EMERGENCY RECOVERIES, 911 EMERGENCY RECOVERIES may record the APPLICANT’S non-performance with credit bureaus, credit information agents, credit insurance companies or other creditors of the APPLICANT.
The APPLICANT and any person who may sign an acceptance surety document specifically warrants that 911 EMERGENCY RECOVERIES has consent to:
7.1 Carry out a credit enquiry from time to time with one or more credit bureaus, credit information agents, credit insurance companies or other creditors / trade references of the APPLICANTS in terms of this agreement.
7.2 911 EMERGENCY RECOVERIES may transmit details to credit bureaus, credit information agents, credit insurance companies or other creditors of the APPLICANT on how the APPLICANT has performed in meeting its obligations in terms of this agreement. Such information may be shared for purposes of making risk management decisions and preventing fraud.
7.3 If the APPLICANT fails to meet its commitments to 911 EMERGENCY RECOVERIES, 911 EMERGENCY RECOVERIES may record the APPLICANT’S non-performance with credit bureaus, credit information agents, credit insurance companies or other creditors of the APPLICANT.
8. ACCOUNT DISPUTES AND COMPLAINTS
911 EMERGENCY RECOVERIES undertakes to furnish a statement to the APPLICANT reflecting the transactions between the APPLICANT and 911 EMERGENCY RECOVERIES, as well as the outstanding obligations of the APPLICANT, at month end. Unless the APPLICANT objects in writing within 7 (seven) days of the date of statement, the APPLICANT will be deemed to have accepted the statement as correct. 911 EMERGENCY RECOVERIES chooses delivery of the statement by way of existing services, but non-delivery of any statement will not entitle the APPLICANT to withhold any payment.
9. JURISDICTION & LEGAL ACTION
All work performed, debt collection and any other related matters are subject to the Laws of the Democratic Republic of Congo.
10. PRICE
10.1 911 EMERGENCY RECOVERIES will be entitled, at any time and from time to time in its discretion, to change its prices for services rendered.
10.2 911 EMERGENCY RECOVERIES will determine its prices from time to time, Alternatively, prices will be as per the general or customer-specific pricelist of 911 EMERGENCY RECOVERIES, or as quoted.
10.1 911 EMERGENCY RECOVERIES will be entitled, at any time and from time to time in its discretion, to change its prices for services rendered.
10.2 911 EMERGENCY RECOVERIES will determine its prices from time to time, Alternatively, prices will be as per the general or customer-specific pricelist of 911 EMERGENCY RECOVERIES, or as quoted.
11. ORDERS
11.1 911 EMERGENCY RECOVERIES will be entitled, but not obliged, to accept verbal orders and/or services requested without an order number, provided that in such event 911 EMERGENCY RECOVERIES will not be responsible for any errors in or arising from such orders.
11.2 An order, whether written or verbal, will constitute an irrevocable offer by the APPLICANT to 911 EMERGENCY RECOVERIES to pay for services rendered, which offer may be accepted by 911 EMERGENCY RECOVERIES either verbally, in writing, or by rendering the requested services (or any part thereof).
11.1 911 EMERGENCY RECOVERIES will be entitled, but not obliged, to accept verbal orders and/or services requested without an order number, provided that in such event 911 EMERGENCY RECOVERIES will not be responsible for any errors in or arising from such orders.
11.2 An order, whether written or verbal, will constitute an irrevocable offer by the APPLICANT to 911 EMERGENCY RECOVERIES to pay for services rendered, which offer may be accepted by 911 EMERGENCY RECOVERIES either verbally, in writing, or by rendering the requested services (or any part thereof).
12. DELIVERY & RISK
12.1 The recovered vehicles and/or goods will be delivered by 911 EMERGENCY RECOVERIES to the APPLICANT, and delivery of the recovered vehicles and/or goods will be deemed to have been made by 911 EMERGENCY RECOVERIES to the APPLICANT when the recovered vehicles and/or goods are offloaded at the APPLICANT’S premises or at such other address as may have been nominated by the APPLICANT.
12.2 Signature of a Company delivery note or invoice by any employee of the APPLICANT or of the APPLICANT’S nominated agent or recipient, as the case may be, will be prima facie proof of delivery to the APPLICANT of the recovered vehicles and/or goods reflected in such delivery note or invoice.
12.3 The APPLICANT will ensure that adequate facilities and delivery points are available to 911 EMERGENCY RECOVERIES to enable it to carry out its obligation to the APPLICANT.
12.4 911 EMERGENCY RECOVERIES will take all reasonable steps to carry out the work on the date and at the time stipulated, it will do so within a reasonable period thereafter. While 911 EMERGENCY RECOVERIES will take all reasonable steps to carry out the work on the date and the time stipulated, 911 EMERGENCY RECOVERIES will not be liable for any loss or expense caused by any circumstances or circumstances beyond 911 EMERGENCY RECOVERIES control or for consequential loss from any cause whatsoever. Should 911 EMERGENCY RECOVERIES vehicle be forced to deviate from their normal route due to damaged roads, bridges, pontoons, ferries and/or from any cause beyond 911 EMERGENCY RECOVERIES control, such deviations will entitle 911 EMERGENCY RECOVERIES to make an additional charge to cover the expense arising from the extra mileage and time involved.
12.5 It is incumbent upon the APPLICANT to affect its own insurance in respect of any loss or damage to vehicles or recovered vehicles and/or goods which this agreement relates. The APPLICANT should give notice to their insurance when recovered vehicles and/or goods are being removed and arrange with the insurance company to hold the recovered vehicles and/or goods covered whilst the recovered vehicles and/or goods are in transit.
12.6 The APPLICANT will not submit any dangerous, damaging, corrosive or explosive article or substance. 911 EMERGENCY RECOVERIES will be entitled to recover from the APPLICANT any loss or damage which it may suffer through the presence of any article or substance amongst the APPLICANT’S recovered vehicles and/or goods. If any such article or substance is discovered 911 EMERGENCY RECOVERIES may, at its discretion remove, destroy or otherwise dispose of same and will not be responsible or accountable to the APPLICANT for the value thereof.
12.7 Any kind of work done, property transported and/ or handled is entirely at the risk of the APPLICANT, 911 EMERGENCY RECOVERIES will not be liable for any loss or damages whatsoever, (including consequential loss or damage due to delay in delivery or otherwise) which may be suffered by the APPLICANT in respect of recovered vehicles and/or goods transported by 911 EMERGENCY RECOVERIES on the APPLICANT’S behalf arising out of any cause whatsoever.
12.8 In addition to and without restricting the operation of provisions of this agreement in any way, 911 EMERGENCY RECOVERIES, its servants and/ or agents will not in any circumstance be liable for damage to mechanical, electrical or other plant of any description, or for the renovation or replacement of any article which is inherently defective or in such a condition that it cannot be removed without risk or damage.
12.9 911 EMERGENCY RECOVERIES will not be responsible for any loss or damage arising from the recovery, loading or offloading of the recovered vehicle and or goods, or from the overloading or unsafe loading of the recovered vehicle and/or goods. Loading and offloading will be performed by the APPLICANT or the APPLICANT’s Consignee or their respective agents.
12.10 All transportation of recovered vehicles and/or goods are expressly subject to the granting to 911 EMERGENCY RECOVERIES of the necessary permit or sanction, where required by any competent authority. In the event of a refusal by the competent authority, 911 EMERGENCY RECOVERIES will not be liable or responsible to the APPLICANT or any other person whatsoever for any loss however sustained. All tenders and contracts are deemed to be subject to all existing Laws, Ordinances, By-laws and Regulations.
12.11 Tender for abnormal indivisible loads are made subject to the following special conditions:
12.11.1 Permission must be obtained from the Provisional Administration and the Local Authorities concerned. The APPLICANT will give 911 EMERGENCY RECOVERIES sufficient notice to enable 911 EMERGENCY RECOVERIES to obtain the abnormal permit or exemption.
12.11.2 The Road and Bridges authorities approve a suitable and direct route and do not subsequently vary such route.
12.11.3 Access to loading and offloading site will be prepared prior to the arrival of the loads, to enable safe passage to loading and offloading points.
12.12 These conditions will apply to any further work carried out by 911 EMERGENCY RECOVERIES for the APPLICANT.
12.13 Notwithstanding the provisions of clause 12.9, 911 EMERGENCY RECOVERIES will be entitled to give assistance in loading or offloading the recovered vehicles and/or goods onto or from the vehicle where such assistance is customary and practicable, but assistance so given will be without any liability on 911 EMERGENCY RECOVERIES’S part and will be at the sole risk of the APPLICANT who will indemnify 911 EMERGENCY RECOVERIES in totality.
12.14 911 EMERGENCY RECOVERIES is hereby authorised to subcontract in respect of any service to be performed by it hereunder as the APPLICANT’S agent and without consulting the APPLICANT and is also authorised, in its discretion, to pay any charge payable to any subcontractor for such service and all such payments shall be repaid to 911 EMERGENCY RECOVERIES by the APPLICANT on demand. Tenders based on dimensions and weights provided by the APPLICANT are subject to alteration in the event of actual dimensions and weights proving in excess of those stated. Where necessary 911 EMERGENCY RECOVERIES will be entitled, in its sole and absolute discretion, to delay the collection of the load until abnormal permits have been obtained or amended accordingly.
12.15 Recovered vehicles and/or goods left upon 911 EMERGENCY RECOVERIES vehicle at the request of the APPLICANT or the Consignee are held at the APPLICANT’S sole risk.
12.16 All risk in and to the recovered vehicles and/or goods will pass to the APPLICANT on delivery of the recovered vehicles and/or goods by 911 EMERGENCY RECOVERIES to the APPLICANT.
12.1 The recovered vehicles and/or goods will be delivered by 911 EMERGENCY RECOVERIES to the APPLICANT, and delivery of the recovered vehicles and/or goods will be deemed to have been made by 911 EMERGENCY RECOVERIES to the APPLICANT when the recovered vehicles and/or goods are offloaded at the APPLICANT’S premises or at such other address as may have been nominated by the APPLICANT.
12.2 Signature of a Company delivery note or invoice by any employee of the APPLICANT or of the APPLICANT’S nominated agent or recipient, as the case may be, will be prima facie proof of delivery to the APPLICANT of the recovered vehicles and/or goods reflected in such delivery note or invoice.
12.3 The APPLICANT will ensure that adequate facilities and delivery points are available to 911 EMERGENCY RECOVERIES to enable it to carry out its obligation to the APPLICANT.
12.4 911 EMERGENCY RECOVERIES will take all reasonable steps to carry out the work on the date and at the time stipulated, it will do so within a reasonable period thereafter. While 911 EMERGENCY RECOVERIES will take all reasonable steps to carry out the work on the date and the time stipulated, 911 EMERGENCY RECOVERIES will not be liable for any loss or expense caused by any circumstances or circumstances beyond 911 EMERGENCY RECOVERIES control or for consequential loss from any cause whatsoever. Should 911 EMERGENCY RECOVERIES vehicle be forced to deviate from their normal route due to damaged roads, bridges, pontoons, ferries and/or from any cause beyond 911 EMERGENCY RECOVERIES control, such deviations will entitle 911 EMERGENCY RECOVERIES to make an additional charge to cover the expense arising from the extra mileage and time involved.
12.5 It is incumbent upon the APPLICANT to affect its own insurance in respect of any loss or damage to vehicles or recovered vehicles and/or goods which this agreement relates. The APPLICANT should give notice to their insurance when recovered vehicles and/or goods are being removed and arrange with the insurance company to hold the recovered vehicles and/or goods covered whilst the recovered vehicles and/or goods are in transit.
12.6 The APPLICANT will not submit any dangerous, damaging, corrosive or explosive article or substance. 911 EMERGENCY RECOVERIES will be entitled to recover from the APPLICANT any loss or damage which it may suffer through the presence of any article or substance amongst the APPLICANT’S recovered vehicles and/or goods. If any such article or substance is discovered 911 EMERGENCY RECOVERIES may, at its discretion remove, destroy or otherwise dispose of same and will not be responsible or accountable to the APPLICANT for the value thereof.
12.7 Any kind of work done, property transported and/ or handled is entirely at the risk of the APPLICANT, 911 EMERGENCY RECOVERIES will not be liable for any loss or damages whatsoever, (including consequential loss or damage due to delay in delivery or otherwise) which may be suffered by the APPLICANT in respect of recovered vehicles and/or goods transported by 911 EMERGENCY RECOVERIES on the APPLICANT’S behalf arising out of any cause whatsoever.
12.8 In addition to and without restricting the operation of provisions of this agreement in any way, 911 EMERGENCY RECOVERIES, its servants and/ or agents will not in any circumstance be liable for damage to mechanical, electrical or other plant of any description, or for the renovation or replacement of any article which is inherently defective or in such a condition that it cannot be removed without risk or damage.
12.9 911 EMERGENCY RECOVERIES will not be responsible for any loss or damage arising from the recovery, loading or offloading of the recovered vehicle and or goods, or from the overloading or unsafe loading of the recovered vehicle and/or goods. Loading and offloading will be performed by the APPLICANT or the APPLICANT’s Consignee or their respective agents.
12.10 All transportation of recovered vehicles and/or goods are expressly subject to the granting to 911 EMERGENCY RECOVERIES of the necessary permit or sanction, where required by any competent authority. In the event of a refusal by the competent authority, 911 EMERGENCY RECOVERIES will not be liable or responsible to the APPLICANT or any other person whatsoever for any loss however sustained. All tenders and contracts are deemed to be subject to all existing Laws, Ordinances, By-laws and Regulations.
12.11 Tender for abnormal indivisible loads are made subject to the following special conditions:
12.11.1 Permission must be obtained from the Provisional Administration and the Local Authorities concerned. The APPLICANT will give 911 EMERGENCY RECOVERIES sufficient notice to enable 911 EMERGENCY RECOVERIES to obtain the abnormal permit or exemption.
12.11.2 The Road and Bridges authorities approve a suitable and direct route and do not subsequently vary such route.
12.11.3 Access to loading and offloading site will be prepared prior to the arrival of the loads, to enable safe passage to loading and offloading points.
12.12 These conditions will apply to any further work carried out by 911 EMERGENCY RECOVERIES for the APPLICANT.
12.13 Notwithstanding the provisions of clause 12.9, 911 EMERGENCY RECOVERIES will be entitled to give assistance in loading or offloading the recovered vehicles and/or goods onto or from the vehicle where such assistance is customary and practicable, but assistance so given will be without any liability on 911 EMERGENCY RECOVERIES’S part and will be at the sole risk of the APPLICANT who will indemnify 911 EMERGENCY RECOVERIES in totality.
12.14 911 EMERGENCY RECOVERIES is hereby authorised to subcontract in respect of any service to be performed by it hereunder as the APPLICANT’S agent and without consulting the APPLICANT and is also authorised, in its discretion, to pay any charge payable to any subcontractor for such service and all such payments shall be repaid to 911 EMERGENCY RECOVERIES by the APPLICANT on demand. Tenders based on dimensions and weights provided by the APPLICANT are subject to alteration in the event of actual dimensions and weights proving in excess of those stated. Where necessary 911 EMERGENCY RECOVERIES will be entitled, in its sole and absolute discretion, to delay the collection of the load until abnormal permits have been obtained or amended accordingly.
12.15 Recovered vehicles and/or goods left upon 911 EMERGENCY RECOVERIES vehicle at the request of the APPLICANT or the Consignee are held at the APPLICANT’S sole risk.
12.16 All risk in and to the recovered vehicles and/or goods will pass to the APPLICANT on delivery of the recovered vehicles and/or goods by 911 EMERGENCY RECOVERIES to the APPLICANT.
13. WARRANTIES AND INDEMNITY
The APPLICANT indemnifies 911 EMERGENCY RECOVERIES against all claims and demands made by any third party against 911 EMERGENCY RECOVERIES and against all liability by 911 EMERGENCY RECOVERIES to any third party in respect of any loss, damage or injury however caused, to any third party arising out of the transportation of goods, unless negligence exists on 911 EMERGENCY RECOVERIES’S part, which in that event, 911 EMERGENCY RECOVERIES remains liable.
14. BREACH
If the APPLICANT should:
14.1 Breach any provision of this agreement; or
14.2 Make any incorrect or untrue statement or representation to 911 EMERGENCY RECOVERIES in connection with this agreement and or the APPLICANT’S application for credit facilities: or
14.3 Be sequestrated or liquidated, whether provisional or final or whether voluntary or compulsory; or
14.4 In the case of a natural person, commit an act of insolvency; or
14.5 In the case of a company or close corporation, commit an act which would constitute an act of insolvency; or
14.6 Be placed under judicial management, whether provisional or final or whether compulsory or voluntary, or pass a resolution for its winding up or for the appointment of a judicial manager; or
14.7 Suffer any judgement to be entered against it and fail to take steps to rescind such judgement within 14 (fourteen) days of the judgment coming to its knowledge, or fail to satisfy any such judgement within 14 (fourteen) days to the date of refusal of rescission thereof, then and upon the happening of any of these events 911 EMERGENCY RECOVERIES will be entitled in its election and without prejudice to any of its other rights at law or hereunder, to forthwith enforce specific performance or to cancel this agreement, and in either event to claim damages.
If the APPLICANT should:
14.1 Breach any provision of this agreement; or
14.2 Make any incorrect or untrue statement or representation to 911 EMERGENCY RECOVERIES in connection with this agreement and or the APPLICANT’S application for credit facilities: or
14.3 Be sequestrated or liquidated, whether provisional or final or whether voluntary or compulsory; or
14.4 In the case of a natural person, commit an act of insolvency; or
14.5 In the case of a company or close corporation, commit an act which would constitute an act of insolvency; or
14.6 Be placed under judicial management, whether provisional or final or whether compulsory or voluntary, or pass a resolution for its winding up or for the appointment of a judicial manager; or
14.7 Suffer any judgement to be entered against it and fail to take steps to rescind such judgement within 14 (fourteen) days of the judgment coming to its knowledge, or fail to satisfy any such judgement within 14 (fourteen) days to the date of refusal of rescission thereof, then and upon the happening of any of these events 911 EMERGENCY RECOVERIES will be entitled in its election and without prejudice to any of its other rights at law or hereunder, to forthwith enforce specific performance or to cancel this agreement, and in either event to claim damages.
15. JOINT AND SEVERAL LIABILITY IF SURETY IS REQUIRED
15.1 The Surety(ies) will be jointly and severally liable together with the APPLICANT to pay any amount due in terms of this Agreement, the one paying the other to be absolved. The Surety(ies) will be treated as coprincipal debtor(s) together with the APPLICANT.
15.2 If the APPLICANT fails to discharge any of its obligations to 911 EMERGENCY RECOVERIES, the APPLICANT will be entitled, notwithstanding any contrary arrangement with the APPLICANT, to demand from the Surety(ies) immediate performance of all the obligations then owing by the APPLICANT to 911 EMERGENCY RECOVERIES whether or not the due date for the performance of the obligation has arrived. The full amount due will immediately become payable by the Surety(ies) and co-principal debtor(s).
15.3 In the event the APPLICANT being provisionally or finally sequestrated or liquidated, or placed under business rescue, 911 EMERGENCY RECOVERIES will be entitled to immediately proceed with legal action for the full outstanding amount against the Surety(ies) and co-principal debtor(s).
15.4 Each clause of these conditions of sale are severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause(s) will not affect the balance of these conditions of sale, which will remain in full force and effect.
15.1 The Surety(ies) will be jointly and severally liable together with the APPLICANT to pay any amount due in terms of this Agreement, the one paying the other to be absolved. The Surety(ies) will be treated as coprincipal debtor(s) together with the APPLICANT.
15.2 If the APPLICANT fails to discharge any of its obligations to 911 EMERGENCY RECOVERIES, the APPLICANT will be entitled, notwithstanding any contrary arrangement with the APPLICANT, to demand from the Surety(ies) immediate performance of all the obligations then owing by the APPLICANT to 911 EMERGENCY RECOVERIES whether or not the due date for the performance of the obligation has arrived. The full amount due will immediately become payable by the Surety(ies) and co-principal debtor(s).
15.3 In the event the APPLICANT being provisionally or finally sequestrated or liquidated, or placed under business rescue, 911 EMERGENCY RECOVERIES will be entitled to immediately proceed with legal action for the full outstanding amount against the Surety(ies) and co-principal debtor(s).
15.4 Each clause of these conditions of sale are severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause(s) will not affect the balance of these conditions of sale, which will remain in full force and effect.
