1. Fourways Equine Clinic warrants that all the above-mentioned information is true and correct.
2. These terms shall apply to any sale of goods or any provision of services by Fourways Equine Clinic cc (“Fourways”) notwithstanding anything to the contrary in any other document issued by Fourways or yourself.
3. The purchase price of any goods sold and delivered by Fourways to yourself, and the charges for any services rendered by Fourways to yourself, shall be paid within 30 days from the date of the first statement rendered by Fourways to yourself reflecting such purchase price/ remuneration.
4. Should the purchase price of any goods or charges in respect of any services not be paid to Fourways on due date, then:-
   1. All amounts owing by the Applicant to Fourways for whatever reason shall become immediately due and payable, notwithstanding the fact that portions of such amounts might otherwise not yet be due and payable;
   2. The Applicant shall be liable for all costs incurred by Fourways as between attorney and own client in recovering or attempting to recover any such overdue amount including all tariff collection commission charged by the recovering attorney, tracing agents fees and the like.
5. Notwithstanding the preceding provisions of clause 4, in the event that the National Credit Act 2005 (“the Credit Act”) is applicable to this agreement, then –
   1. Should the purchase price of any goods or charges in respect of any services not be paid to Fourways on the due date, then an incidental credit agreement shall be deemed to be concluded in respect of the sale or service contract in question, 20 (twenty) business days after Fourways first charges interest on the amount due in terms of such sale or service contract.
   2. The provisions of the Credit Act shall apply to any sale of goods or any rendering of services by Fourways to yourself; and 5.3 if any provision of these conditions is in conflict with the Act, the relevant provision of the Credit Act shall prevail.
6. Subject to the provisions of the Credit Act if applicable, you hereby consent to the jurisdiction of any Magistrate’s court having jurisdiction over yourself in terms of Section 45 of Act 32 of 1944 (as amended) in respect of any legal proceedings which Fourways may wish to institute against you.
7. You nominate the address set out in its application for credit facilities as the address at which you will accept service of any notice from Fourways or service of any process. You may change such address by giving written notice thereof to Fourways.
8. Fourways shall not be liable for any damages suffered by yourself arising from the damage or destruction of any of your animals whilst on Fourways’ premises whether by fire, theft, act of God, Fourways’ negligence or any other cause.
9. You shall not be entitled to withhold payment of any amount due in terms hereof by virtue of any claim you may have for compensation for loss or damage to goods, or other property, or for any reason whatsoever, nor shall you be entitled to claim or enforce any set-off as against Fourways from whatever cause arising.
10. Fourways shall not be liable to yourself for any damages or losses sustained as a result of Fourways being unable to deliver any goods or render any services timeously, or at all.
11. You understand and consent that Fourways will carry out credit checks with one or more licensed credit agencies and hereby authorises such agencies to divulge to Fourways such information as it may require. You likewise authorises Fourways to divulge to any credit agency any information as to how your account is conducted with Fourways.
12. YOU HEREBY AUTHORISE THE TRAINER/STABLE MANAGER TO CALL FOURWAYS EQUINE CLINIC TO CARRY OUT ANY NECESSARY VETERINARY WORK FOR WHICH YOU WILL BE RESPONSIBLE FOR VETERINARY EXPENSES INCURRED

Sincerely yours,

Managing members:
Dr Terry Casey & Dr Aidan Glynn