Manuale di utilizzo MNPG20 Rev. 2 21/03/10 Via S. Pertini 24/A – 30030 Martellago (VE) ITALY Tel. 041.5401356 • Fax 041.5402684 e-mail: [email protected] http://www.iacer.ve.it MANUALE DI UTILIZZO MNPG20 Rev. 2 del 21/03/10 Elettroterapia modello Informazioni tecniche Dichiarazione di conformità Destinazione e ambito d'uso Caratteristiche tecniche Dettaglio etichette
Application for dealership
49 ASHFIELD AVENUE 21 PICKERING STREET No. 3 THOR CIRCLE 20 MILKYWAY AVENUE SPRINGFIELD PARK, DURBAN NEWTON PARK, PORT ELIZABETH VIKING PLACE, THORNTON LINBRO PARK, SANDTON PO BOX 70624, THE BRIDGE PO BOX 50257, WATERFRONT 8002 PO BOX 1082 RIVONIA 2128 DURBAN NORTH 4016 GREEN ACRES 6032 TELEPHONE: (021) 532 5700 TELEPHONE: (011)201 8927 TELEPHONE: (031) 579 2994 TELEPHONE: (041) 363 4645 FACSIMILE: (021) 532 5701 FACSIMILE: (011) 201 8101 FACSIMILE: (031) 579 2995 FACSIMILE: (041) 363 4662 REG. NO. 2006/013696/07
Please note that due to the increased costs related to credit vetting it has become necessary for DCC to charge an
upfront administration fee of R1 000 when applying for an account.
In addition to the payment of R1000 the following documentation is required:
For a cash account we require:
1. A fully completed and signed dealer application (please initial all pages)
2. ID copies of the member(s) / directors(s) who signed the dealer application.
3. A copy of the business registration documents (CK documents or Certificate to commence business & CM29)
4. A copy of the VAT 103 form (notification of registration)
5. Current CIPRO certificate
6. BBBEE certificate
7. Minutes of a meeting authorising the signatory to the DCC Dealer Application to enter into this agreement.
For a 30 day account we require:
1. A fully completed and signed dealer application (please initial all pages)
2. A signed suretyship agreement. (initialed on all pages by signatory and witnesses)
3. A copy of the ID's of the member(s) / director(s) who signed the dealer application.
4. A copy of the business registration documents (CK documents or Certificate to commence business & CM29)
5. A copy of a cancelled cheque
6. A copy of the VAT 103 form (notification of registration)
7. If anyone else signs the dealer application, other than the director, then we'l also need the following;
7.1. A letter of authority from your member / director 7.2. A copy of the ID of the person signing on behalf of the company 7.3. A signed suretyship document 8. Please attach the latest audited financial statements if available 9. Current CIPRO certificate 10. BBBEE certificate 11. A copy of current Financial Statements last supplied to CGIC insurance company. 12. Minutes of a meeting authorising the signatory to the DCC Dealer Application to enter into this agreement. The completed dealer application and supporting documentation should be faxed to the accounts department in your area (fax numbers provided above), in order for processing of the application to commence. Please note that if we don't receive the original application within 10 days of opening the account, the account will be put on hold until the original dealer application is received by us. Kind Regards Accounts Department (bd/19/3/013 SA)
Contact Numbers for Branches Head office: DCC Johannesburg: Tel (011) 201 8927 Fax (011) 201 8101 Tel (031) 579 2994 Fax (031) 579 2995 Tel (021) 532 5700 Fax (021) 532 5701 DCC Port Elizabeth Tel (041) 363 4645 Fax (041) 363 4662 Application for Dealership
(Including Application for Credit Facilities and Surety)
DRIVE CONTROL CORPORATION (PTY) LTD REG. NO. 2006/013696/07 (Hereinafter referred to as "the Credit Grantor") The Applicant:
Please select your business type by placing an "X" in the appropriate box
Private Individual (Sole Proprietor) Other, please specify _ Private Company (Pty) Ltd Close Corporation (CC) Business / Family Trust Please attach a copy of the business registration certificate
Section 53 Company Please attach a copy of the current C I P R O certificate.
R1 000.00 administration fee
Please include a current dated cheque or proof of EFT payment
1. The Account shall be operated in the name of: (In the event of a registered business) (In the event of a private person, Sole Proprietor or of person responsible for account payments 2. If your business is trading under other titles, please state their names, trading addresses and nature of business: Nature of Business 3. Registration Number, Trading history and Accounting Officers: (if the applicant is a registered business) Registration Number Date Of Registration Attached VAT certificate hereto Auditors / Accounting Officer 4. Primary activities of business 5. If deliveries are to be made to a different address than in 1 above, please indicate delivery address. 6. If statements/invoices or any other form of communication is to be posted to an address other than 1 above, please indicate the postal address where these form(s) can be posted to. 7. Are the premises stated in 1 above; Owned Leased Rented Owned by a Business/Family Trust If Leased/Rented please supply the following information; Telephone Number 8. Directors, Members, Partners or Proprietors information; SA Identification Residential Address Telephone Number IT Experience (years) (Please attach a copy of Identification document) SA Identification Residential Address Telephone Number IT Experience (years) (Please attach a copy of Identification document)
(Copy of Identification document attached)
SA Identification Residential Address Telephone Number IT Experience (years) (Please attach a copy of Identification document) 9. Financial Institution Information Telephone Number Please attach a cancelled cheque from the aforementioned account.
10. Current Trade References (Include copy of latest statements) Contact Person in Accounts Sureties signed Y / N Contact Person in Accounts Sureties signed Y / N Contact Person in Accounts Sureties signed Y / N 11. General Financial Information. 11.1. List all sureties, cession of debtors, notorial bonds, factoring and judgements; 11.2. List all liquidations, sequestrations against the business or its principals with their respected rehabilitation dates; 11.3. Have moratoriums or offers of compromise ever been made to any creditors? 11.4. Can the latest audited financial statements be made available? Yes No (If so, please attach it to the dealer app) 11.5. Surety offered to substantiate credit limit; 11.6. Account contact person; 11.7. Order Numbers Used; TERMS REQUIRED
REQUESTED PURCHASE LIMIT PER MONTH
Is your company Net Asset Value or annual Turnover above R 1 Million? Y / N
12. Operational Contacts 13. Acceptance & Certification I/We the undersigned hereby accept the attached STANDARD CONDITIONS OF AGREEMENT; and - Confirm that the information stated herein is both true and correct in every aspect and represents a true reflection of my personal and in the event of a juristic person, its financial position. - In the event of any dispute resolution and or the institution of legal action, the aforesaid information can and will be used, unless this information has been changed or amended in writing by yourself/itself. - Grant my consent to Drive Control, at its sole discretion, or its assignees and or a third party to confirm the aforesaid information either verbally, electronically and/or in writing. That the aforementioned information can and will be published with a/all Credit Bureau's or Data Capturing services in the event that the account is in arrears or any term/provision or clause of the standard conditions of agreement is breached. Directors Name & Signature Directors Name & Signature Directors Name & Signature FOR OFFICE USE ONLY:
INS. Approval Limit Date Account Opened Credit Amount Approved Customer Category 3 6 9 12 (months) Approval/Decline Letter TERMS AND CONDITIONS OF SALE The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and Drive Control Corporation (Pty) Ltd Company registration 2006/013696/07 (hereinafter called Drive Control) and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of Drive Control; (b) this Agreement will govern all future contractual relationships between the parties; (c) this Agreement is applicable to all existing debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or dissolutive conditions; (e) any conflicting conditions stipulated by the Customer are expressly excluded; (f) these terms supersede all previous conditions of agreement without prejudice to any securities or guarantees held by Drive Control and (g) these terms apply to all servants and subcontractors of Drive Control. The Customer acknowledges that it does not rely on any representations made by Drive Control in regard to the goods and services or any of its qualities leading up to this Agreement other than those contained in this Agreement. Any recommendation, formula, advice, dimension, weight, specifications, price list, performance figure, advertisement, brochure and other technical data furnished by Drive Control in respect of the goods or services orally or in writing is approximate and for information only and will not form part of the Agreement in any way unless agreed to in writing by Drive Control. The Customer warrants that neither Drive Control nor any of its employees will be liable under any circumstances whatsoever for any loss or damage arising out of the use by the Customer of any misrepresentation, material or information referred to in clause 2.1 whether furnished negligently or innocently. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purposes of intended use. The Customer agrees to pay all costs resulting from any acts or omissions by the Customer including suspension of work, modification of requirements, failure or delay in giving particular requisite to enable work to proceed on schedule or requirements that work be completed earlier than agreed. Drive Control reserves the right at its sole discretion to provide alternative goods at the prevailing prices to those ordered by the Customer should such goods be unavailable, superseded, replaced or their manufacture terminated. The Customer acknowledges that all quotations, whether oral or verbal, are dependent on the prevailing rate of exchange applicable to the date and time of the quotation. Any fluctuation in the rate of exchange will immediately affect the quotation price. All quotations are subject to the availability of the goods or services and subject to correction of good faith errors by Drive Control and the prices quoted are subject to any increases in the cost price, including currency fluctuations, of Drive Control before acceptance of the order. If the Customer disputes the amount of increase, the amount of the increase may be certified by any independent auditor and such certificate shall be final and binding on the Customer. The Customer hereby confirms that the goods or services on the Tax Invoice issued duly represent the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place, that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects. All orders or agreed variations to orders, whether oral or in writing, shall be binding and subject to these standard conditions of agreement and may not be cancelled. Any delivery note or waybill or job card (copy or original) signed by the Customer or a third party engaged to transport the goods and held by Drive Control shall be prima facie proof that delivery of the goods was made to the Customer and are in accordance with the quality and quantity reflected thereon. The risk of damage to, destruction or theft of goods shall pass to the Customer on delivery / collection of any order placed in terms of this Agreement. Delivery, installation, commencement and performance times quoted are merely estimates and are not binding on Drive Control. Drive Control shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery. It is the responsibility of the Customer to arrange and contract with a suitable courier service to collect and deliver the goods on the Customer's behalf. If Drive Control however agrees to engage a third party to transport the goods, Drive Control is hereby authorised, in its sole discretion, to engage a third party on the Customer's behalf and on the terms deemed fit by Drive Control. The Customer indemnifies Drive Control against any claims that may arise from such agreement in clause 3.10 against Drive Control. Repair times and repair costs given are merely estimates and are not binding on Drive Control. Drive Control shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs. Any item handed in for repair may be sold by Drive Control to defray the cost of such repairs if the item remains uncollected within 30 days of the repairs being completed. All goods taken on a demonstration basis by the Customer are deemed sold if not returned within 14 days of issue in the original condition, in the original packaging and with all accessories and manuals intact. The Customer acknowledges all copyrights and shall not duplicate copyrighted material and that each infringement attempt shall immediately render the full prevailing price payable to Drive Control. The Customer shall indemnify Drive Control against any claims, costs and expenses arising out of the infringement of copyright, patent, trade mark or design supplied by the Customer. 4.1 New goods are guaranteed according to the Manufacturer's product specific warranties only and all other guarantees including common law guarantees are hereby specifically excluded. Services are guaranteed for a period of 3 months against faulty workmanship and parts are guaranteed, according to the Manufacturer's product specific warranties This notwithstanding, Drive Control reserves the right to alter, amend or change any Manufacturer's product specific warranties as applicable and undertakes to inform the Customer of any and all such alterations, amendments or changes upon the sale of the goods. Liability under Clause 4.1 is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of Drive Control. No claim under this Agreement shall arise unless the Customer has, within 2 days of the alleged breach or defect occurring, given Drive Control 30 days written notice by prepaid registered post to rectify any defect or breach of Agreement. The Customer shall return any defective moveable goods to the premises of Drive Control at the Customer's own cost and packed in the original or suitable packaging and all risks for the duration of repair remain with the Customer. Any goods returned by the Customer to Drive Control for credit after 2 days from date of delivery shall be subject to a handling fee of 10 % of the invoice amount applicable to the returned goods. Credit shall only be considered if the goods are returned within 7 days of the invoice date provided that such returned goods are not defective in any way, are in their original saleable condition and packaging supplied by Drive Control and are accompanied by the original invoice. Should the Customer comply with these provisions, credit will be passed at Drive Control's current price for the goods or the original purchase price whichever amount is the lesser. Drive Control shall not accept the return of any software if the packaging or any seals of the software has been opened or tampered with in any Initials of all Applicants All guarantees are immediately null and void should any goods be tampered with or should the seals on goods be broken by anyone other than Drive Control or should the goods be operated or stored outside the Manufacturer's specifications. Any item delivered to Drive Control shall serve as a pledge in favour of Drive Control for present and past debts and Drive Control shall be entitled to retain or realise such pledges as it deems expedient at the value as determined in 15.1. The sworn or realised value of pledged goods will be offset against the Customer's debts and any excess balance will be paid to the Customer. Under no circumstances shall Drive Control be liable for any consequential damages including loss of profits or for any delictual liability of any nature whatsoever. Under no circumstances shall Drive Control be liable for any damage arising from any misuse, abuse or neglect of the goods or services. Delivery of the goods or services to the Customer shall take place at the place of business of Drive Control or whatsoever location as agreed upon in writing by Drive Control. Payment will be made strictly in accordance with the accepted provisions of the credit agreement as it exists between Drive Control and the Customer. Should no credit agreement exist or should such agreement have been cancelled by Drive Control and notice to that effect given to the Customer then all purchases are made cash on order. All payments shall be payable in cash unless otherwise accepted by Drive Control and shall be paid by the Customer free of exchange in South African currency at the offices of Drive Control or at such other place as Drive Control may designate in writing. The risk of payment by cheque through the post rests with the Customer. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by Drive Control, reduced to writing and signed by the Customer and a duly authorised representative of Drive Control. The Customer is not entitled to set off or deduct any amount due to the Customer by Drive Control against this debt. Any discount or rebate offered by Drive Control shall be forfeited if payment in full is not made on or before the due date. The Customer agrees that a certificate signed by any Director of Drive Control shall be prima facie evidence of the amount due and payable to Drive Control by the Customer including any interest and costs for the purposes of judgement, including provisional sentence or summary judgement, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate. The Customer agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any moneys past due date to Drive Control and that interest shall be calculated daily and compounded monthly from the date of acceptance of the order. The Customer agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 7.1 above in the case of a Credit Approved Customer; or if the Customer commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Customer, or if he commits or permits any act that may prejudice the rights of Drive Control; then in any of these events Drive Control may in its sole discretion either; (i) be entitled to immediately institute action against the Customer at the sole expense of the Customer; or (ii) cancel the agreement and take possession of any goods delivered to the Customer by giving the Customer written notice to that effect; or (iii) claim damages. Furthermore, Drive Control shall be entitled to immediately suspend any delivery or service while the Customer is in breach of any of the terms of any contract between it and Drive Control. In the event of a breach and without restricting or revoking any other rights Drive Control may have in law, Drive Control shall have the right to claim from the Customer the following costs: if payment by cheque is referred to drawer for whatsoever reason, an amount of R60.00 per affected cheque; if the Customers debit order is returned due to lack of funds, an amount of R60.00; if default necessitates the telephonic contact of the debtor by Drive Control, an amount of not more than R50.00 per call; if default necessitates a personal visit by Drive Control, an amount of R100.00 per visit; Cost for issuing a Letter of Demand at R16.50; subject to the maximum costs recoverable in terms of the Magistrates Court Act 32 of 1944 as amended, Attorneys Act 33 of 1979 and Debt Collections Act 114 of 1998. These remedies are without prejudice to any other right Drive Control may be entitled to in terms of this agreement or in law. A Credit Approved Customer will forthwith lose this approval when payment is not made according to the conditions of 7.1 and all amounts then outstanding shall immediately become due and payable. In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and the value of the goods at the time of repossession and (b) all other costs incurred in the repossession of the goods. The value of repossessed or retained pledged goods shall be deemed to be the value placed on them by any sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil. The Customer hereby consents and irrevocably authorises Drive Control to enter its premises to repossess any goods delivered and indemnifies Drive Control completely against any damage whatsoever relating to the removal of repossessed goods. In the event of cancellation Drive Control is entitled not to produce any unmade balance of a contract and to recover any loss sustained thereby from the Customer. Ownership and dominium in all goods supplied by Drive Control to the Customer, whether such goods are attached to other property or not, shall remain vested in Drive Control until such goods have been fully paid for by the Customer. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Drive Control in the goods. If any goods supplied to the Customer are of a generic nature and have become the property of the Customer by operation of law (confusio or commixtio) the Customer shall be obliged on notice of cancellation of the agreement to retransfer the same quantity of goods in ownership to Drive Control. 12.1 The Customer shall be liable to Drive Control for all legal expenses on the attorney-and-own client scale of an attorney and counsel incurred by Drive Control in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs, including stamp duties, for any form of security that Drive Control may demand. The Customer shall pay three thousand Rand into court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer. The Customer agrees that Drive Control will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts or in terms of Rule 47 of the Law of the Supreme Court 59 of 1959. The Customer agrees that no indulgence, relaxation, latitude or extension of time whatsoever by Drive Control will affect the terms of this agreement or any of the rights of Drive Control and such indulgence shall not constitute a waiver by Drive Control in respect of any of its rights herein. Under no circumstances will Drive Control be stopped from exercising any of its rights in terms of this Agreement. The Customer hereby consents, in terms of Section 45 of the Magistrates Court Act of 1944 as amended to Drive Control instituting any proceedings arising out of this contract in the Magistrates Court for the district of RANDBURG otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. Drive Control Initials of all Applicants however reserves the right, in its sole discretion, to institute any action arising from this agreement in the High Court of South Africa. Any document shall be deemed duly presented to and accepted by the Customer (i) within 3 days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director, member's or owner's fax numbers; or (iii) on being delivered by hand to the Customer or any director, member or owner of the Customer; or (iv) within 48 hours if sent by overnight courier; (v) within 24 hours of being telexed to the Customer's telex number or (vi) within 7 days of being sent by surface mail The Customer chooses its address for legal execution the address as the business address or the physical addresses of any Director (in the case of a company), Member (in the case of a close corporation) or of the Owner(s) or Partner(s). The Customer undertakes to inform Drive Control in writing within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address or 14 days prior to selling or alienating the Customer's business and failure to do so will constitute a material breach of this agreement. Upon receipt of such written notification, Drive Control reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer. The Customer hereby consents to the storage and use by Drive Control of the personal information that it has provided to Drive Control for establishing its credit rating and to Drive Control disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that Drive Control will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party. In the event of any default by the Customer of any provision of this agreement, the Customer hereby consents and authorises Drive Control to furnish the name, credit record and repayment history of the Customer to any credit bureau as a delinquent debtor. The Customer agrees to the Standard Rates of Drive Control for any goods or services rendered, which rates may be obtained on request. The invalidity of any part of this Agreement shall not affect the validity of any other part. Any order is subject to cancellation by Drive Control due to Acts of God from any cause beyond the control of Drive Control, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation. The Customer hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, de errore calculi, de duobus vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver. The Customer agrees that Drive Control will be immediately and irrevocably released from any contractual damages and penalty obligations should any event in clause11 occur. Although the provisions of this agreement are self-explanatory, the Customer warrants that he has read and understands the provisions contained herein. The signatory warrants that he is the duly authorised representative of the Customer and that he has full capacity, whether legal or otherwise, to enter into any contractual agreement with Drive Control. This Agreement and its interpretation is subject to South African law and the Customer consents to the exclusive jurisdiction of the South African Courts. Thus done and signed at on this day of , _ Suretyship
I/We, the undersigned; _ Identification No.: (Referred to a "the First Surety") and _ Identification No.: (Referred to a "the Second Surety") and _ Identification No.: _(Referred to a "the Third Surety") By my/our signature(s), I/We hereby interpose and bind myself/ourselves jointly and severally unto and in favour of DRIVE CONTROL CORPORATION (hereinafter referred to as "the Credit Grantor") its orders or assign, as surety in solidium as co-principal debtor with; (hereinafter referred to as "the Principal Debtor") for the due and punctual payment by the principal debtor to the Credit Grantor of any amount, which is now, or, which may hereafter become owing by the principal debtor to the Credit Grantor from any cause of indebtedness however arising. I/We accept the terms and conditions, as stated herein to be binding upon me/us and in the event of one paying the others to be released. I/We renounce all the benefits of the legal exception; cession of action, no cause of debt, exclusion; division, no value received and revision of accounts with the full force and meaning and effect which I declare to be fully acquainted with. SIGNED at on this _ day of , _ As Surety and Co-Principal Debtor As Surety and Co-Principal Debtor As Surety and Co-Principal Debtor REVISION 1/3/2011 sa
Eccellenza del Territorio Italiano Excellence of the Italian Territory WINTER COLLECTION ph. +44 07493248819 Galleria Vittorio Emanuele II Via Ugo Foscolo, 5 - 20121 Milano - Italy Tel. (+39) 02 72 00 34 33 Siete pregati di informare il personale di sala di eventuali allergie. Please inform your server if you have any allergies we need to be aware of. Le immagini presenti sul menù sono solo a titolo esplicativo.