11. RELATIONSHIP BETWEEN PARTIES
Nothing in this agreement shall constitute or be deemed to constitute a partnership between the parties hereto or constitute the client as an agent or representative of Bar Motion for any other purpose whatsoever.
12. LIMITATION OF LIABILITY
Neither Bar Motion nor any of its employees or agents or representatives shall be liable for any losses, whether direct, indirect or consequential should the services, goods and products not meet the specification required.
13. BREACH
13.1 Should the client breach any of its obligations in terms hereof and persist in such breach for a period of 7 (seven) days after written notice will have been received from the other party, then the aggrieved party shall be entitled without prejudice to any rights which it may have in terms hereof or at law, to:
13.1.1 Specific performance and damages; or
13.1.2 Cancel this agreement and claim damages.
13.2 Any amount falling due for payment by any party in terms of this agreement and remaining unpaid after due date, shall bear interest thereon at the prime rate between the due date for payment thereof and the date of payment thereof.
14. ADDRESSES AND NOTICES
14.1 For the purpose of this agreement, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi (“domicilium”) as follows:
14.1.1 The Supplier at: Bar Motion, 1 Samuel Avenue, Dunvegan, Edenvale.
14.1.2 The Client at: The address as recorded on the quotation / invoice
14.2 A party may at any time change its domicilium by notice in writing, provided that the new domicilium consists of, or includes, a physical address at which process can be served.
14.3 Any notice given in connection with this agreement may be delivered by hand; or be sent by prepaid registered post; to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally.
14.4 A notice given as set out above shall be presumed to have been duly delivered:
14.4.1 on the date of delivery if delivered by hand;
14.4.2 on the 4th (fourth) day from the date of posting including the date of posting if posted by pre-paid registered post from within the Republic of South Africa; and
14.4.3 On the 14th (fourteenth) day from the date of posting including the date of posting if posted from outside the Republic of South Africa.
15. SEVERABILITY
If any term or provision or part thereof (in this clause called “the offending provision”) contained in this agreement shall for any reason whatsoever be declared or become unenforceable, invalid, or illegal including but without derogating from the generality of the foregoing, a decision by any court, an Act of Parliament or any statutory or other by laws or regulations or any other requirements having the force of law, the other terms and provisions of this agreement shall remain in full force and effect as if this agreement had been executed without the offending provision appearing therein.
16. ENTIRE AGREEMENT
This agreement , which agreement also includes the signed off quotation, constitutes the entire agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this agreement shall be binding on the parties.
17. VARIATION AND CANCELLATION
No agreement varying, adding to, deleting from or cancelling this agreement shall be effective unless reduced to writing and signed by or on behalf of both parties. It is recorded that there exists no collateral and/or other agreements and that this is the sole agreement entered into by and between the parties.
18. INDULGENCES
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement and accordingly, that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
19. COSTS AND JURISDICTION
19.1 The client will be liable for costs on a scale as between attorney and client in the event of Bar Motion having to institute action from any cause arising from this agreement / quotation.
19.2 The parties consent to the jurisdiction of the Magistrate’s Court (District and Regional) in relation to any cause of action that may arise from this agreement.