Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Standard Trading Terms and Conditions, unless clearly inconsistent with or otherwise indicated by the context –

1.1.1 “Aggrieved Party” means the Party not in breach of the Agreement and/or the Party who has complied with all of its obligations under the Agreement.

1.1.2 “Agreement” means the terms and conditions set out in:

1.1.2.1 These STCs;

1.1.2.2 The Credit Application Form;

1.1.2.3 The Quotation;

1.1.2.4 The Rates Schedule;

1.1.2.5 The Purchase Order; and

1.1.2.6 The Company’s Invoice.

1.1.3 “Applicable Laws” means the common law and all national, provincial or local primary and subordinate legislation in the Republic of South Africa.

1.1.4 “Bank Charges” means all costs levied, or to be levied, to the Company by the Bank.

1.1.5 “Business Day” means any day of the week other than a Saturday, Sunday or a South African public holiday.

1.1.6 “the Company” means Current Fusion Industrial Automation (Pty) Ltd, Registration Number 2022/570770/07, and includes its employees, representatives and assigns.

1.1.7 “the Company’s Invoice” means the invoice reflecting the Principal Debt owed by the Customer and issued by the Company to the Customer pursuant to the Credit Facility.

1.1.8 “Credit Facility” means a loan granted by the Company and advanced to the Customer for:

1.1.8.1 the Purchase Price; and

1.1.8.2 the Services Amount.

1.1.9 “the Credit Application Form” is the document titled as such, duly completed and signed by the Customer, and to which these STCs are incorporated.

1.1.10 “the Customer” means any person at whose request or on whose behalf to whom the Company supplies the Goods; and/or renders the Services; and the Company grants Credit in terms of the Agreement.

1.1.11 “Defaulting Party” means the Party in breach of the Agreement and/or the Party who has failed to comply with its obligations under the Agreement.

1.1.12 “Delivery Address” means the Customer’s nominated physical address at which the Goods are to be delivered and/or the Services are to be rendered in terms of the Agreement.

1.1.13 “Defects” means the Goods are not: fit for the purpose intended; in good working order and condition; in accordance with the nature, type and quality as expected by the Customer.

1.1.14 “Quotation” means the Company’s approximation of the Principal Debt for the Credit that the Customer must repay to the Company and is the document titled as such, which is submitted to the Customer by the Company pursuant to the Customer completing, signing and submitting the Credit Application Form.

1.1.15 “the Goods” means the movable property, more fully described in the Company’s Quotation and Purchase Order, that the Customer intends to purchase from the Company and the Company intends to sell to the Customer, and for which the Customer requires Credit from the Company as contemplated in the Agreement.

1.1.16 “Interest” means the interest that has accrued on the Purchase Price and Services Amount and charged by the Company to the Customer.

1.1.17 “Parties” means the Company and the Customer, and “Party” means either one of them as the context may indicate.

1.1.18 “Payment Date” means the date reflected on the Company’s Invoice in respect of which payment of the sum reflected therein is payable and if no date is reflected on the Company’s Invoice, payment must be made on presentation of the Company’s Invoice to the Customer.

1.1.19 “Purchase Order” means the document titled as such and which constitutes an irrevocable and unconditional offer by the Customer to enter into a sale and purchase agreement; services agreement and an agreement for Credit in respect of such sale and purchase and rendering of the Services with the Company on the terms and conditions of this Agreement.

1.1.20 “the Purchase Price” means the value of the Goods, being the rand equivalent of the amount debited to the Company’s Credit Facility.

1.1.21 “Prime Lending Rate” means the prime overdraft rate of interest charged by the Bank from time to time, and which is publicly quoted as the prime lending rate on:

1.1.21.1 First National Bank’s website in respect of Credit granted in South African Rands; alternatively

1.1.21.2 the London Interbank Offered Rates’ website in respect of Credit Facility granted in foreign currency.

1.1.21.2.1 The Company may elect, in its sole discretion, which respective publication is applicable to the Agreement.

1.1.22 “Principal Debt” means the total sum payable to the Company by the Customer and reflected on the Company’s Invoice, comprising, inter alia, all costs, charges and disbursements relating to, and associated with:

1.1.22.1 The Purchase Price;

1.1.22.2 Interest;

1.1.22.3 Bank Charges;

1.1.22.4 Applicable taxes (including VAT);

1.1.22.5 The Services Amount; and

1.1.22.6 All other charges invoiced by the Company.

1.1.23 “Rates Schedule” means the document titled as such which reflects the fees, costs, charges and disbursements agreed upon between the Company and the Customer in terms of the Agreement.

1.1.24 “the Services” means, inter alia, the design, supply and installation of:

1.1.24.1 Solar systems;

1.1.24.2 Water systems;

1.1.24.3 Filtration systems; and/or

1.1.24.4 Automation systems,
for, inter alia, industrial, residential and commercial properties,
and more fully described in the relevant Purchase Order.

1.1.25 “the Services Amount” means all taxes (including VAT), costs, fees, charges and disbursements relating and incidental to the rendering of the Services and invoiced by the Company.

1.1.26 “STCs” means the terms and conditions contained in this document.

1.1.27 “VAT” means value added tax imposed in terms of the Value Added Tax Act, No. 89 of 1991, as amended.

1.2 Interpretation

1.2.1 In the Agreement, unless clearly inconsistent with or otherwise indicated by the context –

1.2.1.1 any reference to the singular includes the plural and vice versa; and

1.2.1.2 any reference to natural persons includes legal persons and vice versa.

1.2.2 Where an expression has been defined and such definition contains a provision conferring a right or imposing an obligation on any Party, then notwithstanding that it is contained only in a definition, effect must be given to that provision as if it were a substantive provision contained in the body of the Agreement.

1.2.3 Words or expressions defined in any particular clause in the Agreement must bear the meaning so assigned to it throughout the Agreement unless the context indicates otherwise.

1.2.4 The clause headings in the Agreement have been inserted for convenience only and will not be taken into account in its interpretation.

1.2.5 The use of the word “including” followed by a specific example or examples will not be construed or interpreted as limiting the meaning of the general wording preceding it.

2. APPLICATION

All and any supply, purchase and sale of Goods; rendering of the Services; and the granting of credit to the Customer by the Company will be subject to these STCs.

3. PURCHASE ORDER

3.1 By accepting the Company’s Quotation, orally or in writing, the Customer agrees and acknowledges that:

3.1.1 It shall purchase the Goods from the Company at the Purchase Price reflected in the Purchase Order issued by the Company, subject to the terms and conditions of the Agreement;

3.1.2 It shall procure the Services from the Company at the Services Amount as stipulated in the Purchase Order issued by the Company;

3.1.3 It shall obtain credit from the Company in respect of the Purchase Price and the Services Amount, subject to the terms and conditions of the Agreement;

3.1.4 It shall be bound by the terms and conditions of this Agreement;

3.1.5 It shall be liable for the payment of, and undertakes to repay, the Principal Debt according to the Agreement;

3.1.6 The Purchase Order constitutes an unconditional and irrevocable instruction and may not, once issued by the Company in terms of the Agreement, be withdrawn, revoked or varied by the Customer; and

3.1.7 The Purchase Order may only be withdrawn, revoked or varied in writing and signed by a duly authorized director of the Company and the Customer.

4. THE COMPANY’S OBLIGATIONS

Sale and Purchase

4.1 On acceptance of each of the Customer’s Quotations and pursuant to the Company issuing a Purchase Order, the Company agrees and undertakes to:

4.1.1 Supply and sell the Goods to the Customer;

4.1.2 Deliver the Goods at the Delivery Address within a reasonable period, or as agreed between the Parties in writing;

4.1.3 Render the Services.

4.2 The Company in no way warrants that:

4.2.1 The Goods are free from all or any Defects;

4.2.2 The Goods are in accordance with the description contained in the Purchase Order;

4.2.3 There will be no delays in respect of rendering the Services and/or the delivery of the Goods at the Delivery Address; and

4.2.4 There will be no short delivery, non-delivery or mis-delivery of the Goods to the Customer.

4.3 The Company shall not be liable to the Customer or any third party, for any loss or damages of whatsoever nature (whether direct, indirect or consequential) sustained by the Customer or any third party, caused by, arising from, or incidental to:

4.3.1 Any acts or omissions of the Company or the third party appointed to render the Services or its agents, whether negligent or otherwise;

4.3.2 Any errors made in respect of ordering the Goods;

4.3.3 Any delays in the delivery of the Goods or the rendering of the Services to the Customer for any reason whatsoever;

4.3.4 Any non-delivery, short delivery or mis-delivery of the Goods;
and the Customer bears all the risk in these instances.

4.4 The Customer agrees that it will be liable to make full payment of the Principal Debt on the Payment Date, notwithstanding any Defects in the Goods or any delays in delivery of the Goods or rendering the Services.
Credit Facility

4.5 The Customer agrees:

4.5.1 the Company may, at any time, cancel, terminate, withdraw, amend or vary any Credit granted to the Customer by the Company without prior notice and the nature and extent of such Credit shall at all times be at the Company’s sole discretion.

4.5.2 If the Company cancels, terminates or withdraws any Credit granted in terms of clause 4.5.1, all amounts owing to the Company by the Customer at the time of such cancellation, termination or withdrawal shall immediately become due, owing and payable to the Company.

5. THE CUSTOMER’S OBLIGATIONS

Sale and Purchase

5.1 The Customer agrees that:

5.1.1 The Purchase Price and Services Amount is fair and reasonable.

5.1.2 The Company will be deemed to have made delivery of the Goods to the Customer on the Customer’s signature of the delivery note furnished to it upon delivery of the Goods at the Delivery Address.
Credit

5.2 Pursuant to the Company issuing the Purchase Order, the Customer agrees:

5.2.1 To make payment of the Principal Debt, as reflected in the Company’s Invoice to the Company, on the Payment Date in full and in one payment.

5.2.2 To pay the Principal Debt by way of electronic funds transfer into the Company’s nominated bank account as recorded in the Company’s Invoice.

5.2.3 That no change and/or variation of the Company’s aforesaid nominated bank account will be of any force and/or effect, unless written confirmation and details of any change and/or variation are delivered to the Customer in person and by hand by one of the Company’s directors.

5.2.4 To pay Interest at a rate stipulated in the Quotation, Purchase Order and/or the Company’s Invoice, which rate is linked to the Bank’s Prime Lending Rate and is therefore subject to change, calculated from the date of the Company’s Invoice until the Payment Date.

5.2.5 That if no interest rate is stipulated in the Quotation, then Interest will be charged at the Bank’s Prime Lending Rate plus 2% (two percent).

5.2.6 That, if the Bank’s Prime Lending Rate varies at any time from the date of the Quotation and prior to issuing the Company’s Invoice, the Company will:

5.2.6.1 be entitled to immediately adjust the rate of interest stipulated in the Quotation, together with the sum of the Principal Debt, commensurately; and

5.2.6.2 notify the Customer of this adjustment in writing.

5.2.7 To pay the adjusted Principal Debt, as recorded in clause 5.2.6, to the Company on the Payment Date.

5.3 The Customer irrevocably agrees that it will not be entitled to:

5.3.1 Withhold, deduct or set off any payment of the Principal Debt or any other amount due in respect of the Agreement, and/or withhold compliance with any other of its obligation in terms of the Agreement, for any reason whatsoever, including any alleged cause of action arising from, or relating to:

5.3.1.1 the Services rendered to it by the Company, alternatively any appointed third party, as the case may be;

5.3.1.2 the late delivery, short delivery, non-delivery or mis-delivery of the Goods;

5.3.1.3 any Defects in the Goods.

5.3.2 Raise the defence of a stay of proceedings pending the determination of a claim for illiquid damages by the Customer against the Company.

5.3.3 Encumber any of its assets by way of mortgage, pledge, lien, hypothecation or security interest or any other agreement or arrangement which has the effect of conferring security on its assets, without the Company’ prior written consent, which consent will not be unreasonably withheld.

5.3.4 Sell, transfer, or otherwise dispose of the whole of or the substantial part of its assets otherwise than in the ordinary course of its business, either in a single transaction or in a series of transactions, whether related or not and whether voluntarily or involuntarily, without the Company’ prior written consent, which consent will not be unreasonably withheld.

6. ADJUSTMENT OF PURCHASE PRICE

6.1 The Company reserves the right to adjust the Purchase Price and/or Services Amount pursuant to issuing the Quotation and/or the Purchase Order in the following instances:

6.1.1 the rate of exchange varies by more than 5% (five percent) between the date of issuing the Quotation and/or Purchase Order to the date of issuing the Company’s Invoice;

6.1.2 any increase to the Consumer Price Index; and/or

6.1.3 any increase by the Company’s suppliers to the purchase price of the Goods;

6.2 The Customer shall be liable to the Company for and agrees to make payment of the adjusted Purchase Price and/or Services Amount pursuant to clause 6.1.

7. OWNERSHIP AND RISK

7.1 Right, title and interest in and to the Goods will remain with the Company until the Principal Debt is paid in full by the Customer to the Company.

7.2 Once the Principal Debt reflects in the Company’s nominated bank account, ownership in and to the Goods will be deemed to have passed from the Company to the Customer.

7.3 The Customer will bear all the risk in and to the Goods at all times.

8. INSURANCE

8.1 The Customer undertakes to procure and maintain its own insurance for the Goods against all risks and for the sum equal to the Principal Debt for the duration of the Agreement and at all times whilst the Customer is indebted to the Company. To this end, the Customer undertakes to:

8.1.1 Record the Company as the co-insured under the insurance policy obtained by the Customer, alternatively note the Company’s interest against the insurance policy or the cession of the insurance policy to the Company.

8.1.2 Within 5 (five) Business Days of a written request by the Company to do so, furnish the Company with copies of its insurance policy.

8.2 If the Customer fails to comply with clause

8.1, then, in addition to any other rights that the Company may have in terms of the Agreement and Applicable Laws, the Customer will be deemed to have ceded, in securitatem debiti to the Company, all of its claims arising from, pursuant or incidental to, its insurance policy.

9. GENERAL INDEMNITIES

9.1 The Customer indemnifies and holds harmless the Company against all liability, damages, costs and expenses incurred or suffered by the Company arising directly or indirectly from or in connection with the Agreement, the Credit Facility, and/or any act or omission on the part of the Customer in relation to the Goods or Services and in respect of any liability whatsoever.

9.2 In particular, and without limiting the generality of clause 9.1, the Customer shall defend, indemnify and hold harmless the Company against any loss, liability, costs or expense arising from:

9.2.1 any breach of warranty by the Customer;

9.2.2 any negligent or fraudulent misrepresentation regarding the Customer’s financial affairs and/or business information; and/or

9.2.3 any negligence of the Customer, whether gross or otherwise;

10. CERTIFICATE OF BALANCE

10.1 A certificate signed by any director of the Company, whose status, authority and signature need not be proved, will constitute prima facie proof of the:

10.1.1 amount of the Customer’s indebtedness to the Company; and

10.1.2 the facts stated therein,
for purposes of any legal proceedings instituted between the Parties, including legal proceedings relating to:

10.1.3 any amount due and payable by the Customer to the Company; and/or

10.1.4 the Rates Schedule and/or amount of Interest and/or any other charges payable by the Customer to the Company,
in terms of the Agreement.

11. SECURITY

Cession

11.1 The Customer acknowledges that:

11.1.1 The Company will source funding from the Bank to finance the Credit contemplated in the Agreement.

11.1.2 The Company will, at all times, be entitled to cede, transfer and make over all or any of its rights in terms of the Agreement to the Bank, at its sole and absolute discretion, for any reason whatsoever and without requiring the Customer’s consent.

11.1.3 This cession may constitute an out-and-out cession or a cession in securitatem debiti.

General

11.2 The Customer agrees to:

11.2.1 Procure and maintain insurance cover over its stock-in-trade against all risks and for the sum equal to the value of its stock-in-trade.

11.2.2 Record the Company as the co-insured under the insurance policy obtained by the Customer in terms of clause 11.2.5, alternatively note the Company’s interest against the insurance policy or the cession of the insurance policy to the Company.

11.2.3 On written request by the Company, furnish it with copies of its insurance policy in terms of clauses 11.2.5 and 11.2.6 within 5 (five) Business Days.

11.2.3.1 If the Customer fails to comply with clause 11.2.2, then, in addition to any other rights that the Company may have in terms of this Agreement, the Customer will be deemed to have ceded, in securitatem debiti to the Company, all of its claims arising from, pursuant or incidental to, its insurance policy.

12. WARRANTIES AND REPRESENTATIONS

12.1 The Company makes no warranties or representations to the Customer save as expressly stipulated in the Agreement and the Customer acknowledges that the Company is not in any way bound by any oral statement, representation, guarantee, promise, undertaking, inducement, or otherwise which may have been made at any time of negotiating, signing or implementing the Agreement by any representative, employee, agent or any other person acting or purporting to act on behalf of the Company, whether negligently, or otherwise.

12.2 The Customer warrants that:

12.2.1 All documents furnished to the Company by the Customer relating to its financial affairs are true, correct and authentic.

12.2.2 The representative who signs the Credit Application Form is duly authorised by it to do so and to conclude the Agreement on its behalf.

12.2.3 There are no clauses contained in the Customer’s Memorandum of Incorporation which limits, restricts or qualifies:

12.2.3.1 The Customer from concluding the Agreement; or

12.2.3.2 The authority of the Customer’s representative to conclude the Credit Application Form, Purchase Order and/or the Agreement.

12.2.4 It has fully complied with all of the formal and procedural requirements in terms of the Company Act, No. 71 of 2008, the terms of its Memorandum of Incorporation and any other rules, practices or formalities required by the Customer for purposes of entering into the Agreement.

13. BREACH

13.1 If any of the Parties commit a breach of any of the terms of the Agreement and fail to remedy this breach within a period of 7 (seven) Business Days after receipt of a written notice from the Aggrieved Party calling upon the Defaulting Party to remedy this default, then the Aggrieved Party will be entitled to, at its sole discretion and without prejudice to any of its other rights in law:

13.1.1 claim specific performance of the terms of the Agreement and recover damages; or

13.1.2 cancel the Agreement and claim damages.

13.2 On breach of any of the terms of the Agreement by the Customer, all amounts owed by the Customer will immediately become due, owing and payable to the Company and the Company will be entitled to immediately institute proceedings against the Customer for the recovery thereof.

14. TERMINATION

14.1 The Company will be entitled, but will not be obliged, in addition to any other rights they may have in law, to immediately terminate the Agreement by written notice on occurrence of any of the following events, if:

14.1.1 the Customer commits any act of insolvency in terms of any applicable insolvency legislation;

14.1.2 the Customer is deemed to be unable to pay its debts in terms of any deeming provision of any applicable legislation relating to Company or insolvency;

14.1.3 the Customer is placed in provisional or final liquidation;

14.1.4 the Customer is placed under business rescue proceedings;

14.1.5 the Customer compromises its debt or attempts to compromise its debt with any of its creditors;

14.1.6 the Customer fails to satisfy any default or other judgment granted against it within 10 (ten) Business Days;

14.1.7 the financial position of, or business conducted by, the Customer has, in the sole opinion of the Company, detrimentally changed from the time when the Agreement was concluded;

14.1.8 any of the Customer’s assets are subject to an attachment, execution or any other legal process;

14.1.9 any representation or warranty made to the Company in terms of the Agreement by or in relation to the Customer is incorrect in any material respect;

14.1.10 within the sole discretion of the Company, the transactions undertaken in terms of the Agreement are no longer profitable, viable or for any other reason in the Company’s opinion are services which the Company no longer wish to render.

14.2 On the occurrence of any of the aforesaid events, all amounts owed by the Customer in terms of the Agreement will immediately become due, owing and payable to the Company.

14.3 The Customer shall under no circumstances be entitled to terminate the Agreement, or any other agreement between the Customer and the Company.

15. FORCE MAJEURE

15.1 Should the Company be prevented from fulfilling any of its obligations in terms of this Agreement as a result of an event of force majeure, then –

15.1.1 those obligations shall be deemed to have been suspended to the extent that and for so long as the Company is so prevented from fulfilling them and the corresponding obligations of the Customer shall be suspended to the corresponding extent;

15.1.2 the Company shall promptly notify the Customer in writing of such event of force majeure and such notice shall include an estimation of the approximate period for which the suspension in terms of 15.1.1 will endure. Such estimate shall not be binding on the Company; and

15.1.3 the duration of this Agreement as well as each period within which and each date by which any obligation is required to be performed in terms of this Agreement shall be extended or postponed, as the case may be, by the period of suspension in terms of 15.1.1.

15.2 Should the Company partially or completely cease to be prevented from fulfilling its obligations by the event of force majeure, the Company shall immediately give written notice to the Customer of such cessation and the Company shall, as soon as possible, fulfil its obligations which were previously suspended; provided that in the event and to the extent that fulfilment is no longer possible, the Company shall not be obliged to fulfil its suspended obligations and the Customer shall not be obliged to fulfil its corresponding obligations.

15.3 Should an event of force majeure continue for more than 180 days after the date of the notice referred to in

15.1.2 and notice of cessation in terms of 15.2 not have been given, then the Company shall be entitled (but not obliged) to terminate this Agreement by giving not less than 30 (thirty) days written notice to the Customer to that effect.

15.4 An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of the Company including vis maior, casus fortuitus, any act of God, strike, theft, global pandemic, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions/sanctions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control and shortage of transport facilities.

16. NOTICES AND ADDRESSES FOR SERVICE

16.1 The Customer’s physical address as set out in the Credit Application Form or, failing which, on the Customer’s most recently reviewed letterhead or, failing which, the Customer’s registered or physical address, will constitute the Customer’s and the surety’s (if applicable) domicilium citandi et executandi for all purposes in connection with the Agreement.

16.2 The Company hereby chooses the following address as its domicilum citandi et executandi for all purposes in connection with the Agreement:

PHYSICAL ADDRESS:

Unit 3, 25 Fransen Street ,
Chamdor, Gauteng, 1754

E-MAIL ADDRESS:

info@cfia.co.za

16.3 Notices given to the above addresses shall be deemed to have been duly given:

16.3.1 10 (ten) Business Days after posting, if sent by registered post;

16.3.2 on delivery, if delivered by hand;

16.3.3 on dispatch, if sent by electronic mail.

17. MISCELLANEOUS LEGAL PROVISIONS

17.1 The Agreement constitutes the whole agreement between the Parties containing all of the express provisions agreed on by the Parties with regard to the subject matter hereof.

17.2 No agreement varying, adding to, deleting from or cancelling the Agreement (including this clause) and no waiver of any rights under the Agreement will be effective unless in writing and signed by duly authorised representatives of the Parties.

17.3 No Party may rely on any representation which allegedly induced it to enter into the Agreement, unless the representation is recorded in these STCs.

17.4 To the extent of any inconsistency between these STCs, the Credit Application Form and any document generated in terms of the Credit Application Form, the STCs and the Credit Application Form will prevail.

17.5 No relaxation or indulgence granted to the Customer by the Company at any time, will be deemed to be a waiver of any of its rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of the terms and conditions set out herein, or create any estoppel against the Company.

17.6 If any of the clauses contained in these STCs and/or the Credit Application Form are held to be illegal, unlawful, unenforceable or unconstitutional, the offending clause or clauses will be capable of being severed therefrom, and the remaining terms will remain valid and be of full force and effect.

17.7 To the extent that the terms of the Agreement constitute a contravention of the Consumer Protection Act, No. 68 of 2008, and in the event that this Act is applicable, then the contravening provisions will be severed from the Agreement and will be regarded as pro non scripto and the remaining terms will remain in full force and effect.

17.8 The Parties are VAT vendors and therefore all transactions undertaken in terms of the Agreement will be subject to VAT.

17.9 The Agreement shall be governed by and construed according to the laws of the Republic of South Africa.

17.10 The Parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg.

17.11 If the Company institutes legal proceedings against the Customer for any reason whatsoever, including the Customer breaching any terms of the Agreement, the Customer fully indemnifies the Company against any and all legal costs on the attorney-and-own-client scale incurred by the Company, including all collection charges and tracing agent fees.

17.12 A reference to any legislation (including statutes, ordinances, regulations and by-laws) must be construed as a reference to that legislation as at the date of signature to the Credit Application Form and as may be amended or re-enacted or substituted from time to time.

17.13 The Customer undertakes that it will not, either for itself or as the agent of anyone else, persuade, induce, solicit, encourage or procure that any employee of the Company terminates his/her employment with the Company.

17.14 The Customer will not be entitled to cede and assign its rights and obligations in terms of the Agreement, any security documents or addendums to the Agreement, without the prior written consent of the Company.

17.15 The Company are entitled at any time to cede and assign their rights and obligations in terms of the Agreement to whomever they deems fit, without the prior consent of the Customer.