Acceptance of any of Amanzi Blue staff and/or services is deemed full acceptance of payment terms and conditions, whether the estimate is signed or not, or a purchase order is provided with.
Interpretation
1. "Amanzi Blue" shall mean Amanzi Blue Event Staffing Solutions cc, registration number CK 2004/073630/23
2. "Client" shall mean the entity or person's name appearing on the estimate.
Terms and conditions to prevail
3. The terms and conditions contained in the estimate and herein, shall constitute the sole terms of the agreement between Amanzi Blue and the Client.
4. No amendment or consesual cancellation of the agreement, extension of time, waiver or relaxation or suspension of any of the provisions or terms of the agreement shall be binding on the parties unless recorded in writing and signed by an authorized representative of Amanzi Blue and the client.
Payment
5. Accounts are due and payable as prescribed in the estimate and if not so prescribed, on presentation of invoice.
6. It is understood that the estimate price can vary, depending on final number of staff utilised and hours worked.
7. The number of staff is to be finalized one week before the event. A 12- hour period is required for cancellation of staffduring the event; however, staff can be cancelled on the day, provided they have worked for a minimum of four hours.
8. Payments are payable by the Client to Amanzi Blue in South African currency, without deduction or set-off and free of any exchange.
9. The client shall pay interest on all overdue amounts at a rate of 15% PA, with a minimum charge or R250.00.
10. Full payment will be required no later than seven (7) calendar days from final invoice date, unless otherwise specified.
Waranties and Indemnities
11. No warranties, guaranties or representations, express or implied or tacit whether by law, contract or otherwise or whether they are induced by contract or not, which are not set forth in this agreement, shall be binding on Amanzi Blue, the client irrevocably waiving any right the client may have to rely thereon.
12. The parties agree that Amanzi Blue shall have no liability in respect of any injury, loss or damage (direct, indirect or consecuential) arising out of the use of, or inability to use, any of the equipment and services and whether or not occasioned by Amanzi Blue's negligence (gross or otherwise) or any act or omission on its part. For the purposes hereof, any reference to Amanzi Blue shall include its servants, agents or contractors or any other person for whose acts or omissions Amanzi Blue may be liable in law.
13. The client shall have no claim of any nature whatsoever whether for damages or omission of the contract price, cancellation or otherwise, against Amanzi Blue, its servants, agents or others on whose behalf Amanzi Blue will be liable, in respect of any loss or damage sustained by the client of any nature whatsoever or any damage caused to the assets of the client or assets kept on its premises by any third parties or in regard to the client's business or sustained by any of its clients, howsoever caused (gross or otherwise), act or omission of Amanzi Blue, its servants, agents or others from whom it may be liable in law.
Addresses and Notices
14. The street address supplied by the client on the estimate and order is the client's chosen address where notices may be given and documents and legal proceedings may be served.
15. Client must notify Amanzi Blue in writing imediatelly if their chosen address changes.
16. Any notice to Amanzi Blue will adressed to its Administrative Office at 20 Mymona Crescent, Primrose Park, Western Cape 7764.
Legal Proceedings/Costs
17. In the event of Amanzi Blue instructing its attorneys to take any action against the client for any reason, the client shall be liable for and pay all legal costs incurred by Amanzi Blue on the attorney and own client scale including collection, commission, tracing agents, storage and removal charges.
18. The client submits to the Jurisdiction of the High Court of South Africa in any dispute however the company might bring any action or application in any Magistrate's Court notwithstanding the amount of the claim may exceed the jurisdiction of the Magistrate's Court.
19. The client shall be liable for all costs incurred by Amanzi Blue in the recovery of any amounts, or the enforcement of any rights which it has hereunder.
20. Client consents that Amanzi Blue may sue in a Magistrate's Court, even if its claim against the client exceeds the jurisdiction of the Magistarte's Court.
Breach and Cancellation
21. Should the client fail, refuse or neglect to make payment of any amounts due and payable in terms of the estimate, Amanzi Blue shall be entitled in addition to any other rights or remedies it might have in law, to :-
22. Immediately cancell the Agreement on written notice;
23. Institute an action for damages;
24. If the Agreement is cancelled by the client for any reason whatsoever, more than seven callendar days before booked date, the depodit (if any) will be forfeit to Amanzi Blue. Should no deposit have been paid, a cancellation fee at the rate of 20% of the cost of the estimate will be payable;
25. If this agreement is cancelled by the client, for any reason whatsoever, less than seven callendar days before the booked date, the deposit (if any) will be forfeited to Amanzi Blue and the balance of the contract price as listed on the estimate shall become due and payable by the client.
26. If this agreement is cancelled by the client, for any reason whatsoever, during the event, the deposit (if any) will be forfeited to Amanzi Blue and the balance of the contract price, as listed on the estimate shall become due and payable by the client.
General
27. These terms and conditions are governed by South African law.
28. The client consents to Amanzi Blue making enquiries about the client's credit record with any credit reference agency and any other party to confirm the details relevant to this Agreement. Amanzi Blue may also provide credit reference agencies with regular updates regarding how the client manages accounts, including failure to meet agreed terms and conditions.
29. The client shall give Amanzi Blue reasonable notification of any deviations by employees from agreed-upon performance standards and procedures, any acts of misconduct, or any change to operational requirements, and the client hereby agrees that he/she will not act in the capacity of employer; specifically he/she will not dismiss Amanzi Blue employees.
30. Any cause for complaint must be reported to Amanzi Blue when it arises; complaints will not be considered in retrospect.
31. No cash or valuables (unless this forms part of their assigned duties/job description) will be handed over to Amanzi Blue staff and the client will not deduct amounts owed by our staff from our charges.
32. Should staff work more than six hours, meals will be provided by the client, unless otherwise agreed.