LOAN AGREEMENT
IN RESPECT OF BLADE DISPENSING EQUIPMENT ("Blade Dispensing Equipment")
MADE AND ENTERED INTO BETWEEN
Jakaranda Pakkers T/A Upperdeck Restaurant (reg no 2009/050343/23 )
(Herein after referred to as ‘Upperdeck Restaurant’)
AND CUSTOMER
I, the undersigned, in my personal capacity and on behalf of the User,
hereby warrant that the information herein contained is correct and
contracts with HEINEKEN SA subject to the terms and conditions hereinafter contained
("Agreement").
1. It is recorded that HEINEKEN South Africa Proprietary Limited, registration number 2003/026165/07
(“HEINEKEN SA”) is the owner of the Blade Dispensing Equipment and HEINEKEN SA leased the Blade Dispensing
Equipment to Upperdeck Restaurant. HEINEKEN SA and Upperdeck Restaurant agreed that the Blade Dispensing
Equipment be sub-leased to the User. Upperdeck Restaurant hereby lease to the User the Blade Dispensing
Equipment as set out in the schedule hereto
2. This Agreement shall commence on delivery of the Blade Dispensing Equipment and shall endure for an
indefinite period. The User shall be entitled to terminate this Agreement by giving Upperdeck Restaurant or
its nominated agents 14 (fourteen) days written notice of their intent to do so. Uppderdeck Restaurant shall
be entitled to cancel this Agreement by giving the User 48 (forty eight) hours' notice in writing of its
intention to do so.
3. The Blade Dispensing Equipment will at all times be and remain the sole and absolute property of HEINEKEN
SA. The User or the User's representative's signature on any delivery note/job card will serve as an
acknowledgement that the Blade Dispensing Equipment was received in good condition and the risk in and to the
Blade Dispensing Equipment will pass to the User upon delivery thereof. The User will be responsible for loss
or damage to the Blade Dispensing Equipment. Replacement value, which value shall for purposes of this
Agreement be R15,000.00.
4. The User will not cede, assign, or delegate any of its rights, or obligations in terms hereof.
5.The User will not interfere with advertising placed on the Blade Dispensing Equipment by HEINEKEN SA, or its
nominated agents and agrees that the Blade Dispensing Equipment minimum purchase requirements as set out in
the schedule are met.
6. The User will provide the necessary power to operate the Blade Dispensing Equipment, will not interfere
with the machinery of the Blade Dispensing Equipment and will immediately advise Upperdeck Restaurant /
Dispensetech in the event of a break down whereupon HEINEKEN SA, or its nominated agents, will attend to any
necessary repairs. Dispensetech - (010) 007 1124
7. Each person signing this document does so on behalf of the User and in his, or her personal capacity as
surety and co-principal debtor with the User for any obligations flowing from this Agreement.
8. The supplier shall maintain the Blade Dispensing Equipment in working order. The User however waives any
rights which it may have against the supplier, HEINEKEN SA which arises directly or indirectly from any
failure of the equipment or from the failure of the supplier or any third party to maintain, repair or replace
the equipment or for any loss or damage suffered by the User under any circumstances whatsoever and howsoever
arising.
9. The User chooses its address set out herein as its Domicilium Citandi et Executandi for purposes of any and
all notices required to be given in terms of this Agreement. Any communication properly addressed to the User,
including any notices set by the email address set out above, shall constitute proper service of any notice,
or communication forwarded to the User pursuant to this Agreement. The User shall be obliged to inform
Upperdeck Restaurant in writing of any change of the address of the Premises. This Agreement shall be governed
by and construed in accordance with the laws of the Republic of South Africa.
10. The User shall inform the landlord of HEINEKEN SA's ownership in the Blade Dispensing Equipment brought
onto the Premises.
11. In the event of the agreement being cancelled, the User irrevocably authorizes Upperdeck Restaurant to
uplift the Blade Dispensing Equipment from its Premises and agrees to pay all costs incurred by HEINEKEN SA to
secure recovery of the Blade Dispensing Equipment, or the damages sustained as a result of the loss thereof
including legal costs, calculated on a scale as between attorney and client.
12. If the User is in the process of any form of liquidation/sequestration or in the process of moving the
User needs to provide Upperdeck Restaurant a minimum of 14 days' notice thereof, so that Blade Dispensing
Equipment can be uplifted.
14. If the Premises has been raided by the SAPS Police and or other legal authority and the Blade Dispensing
Equipment is confiscated, the User will immediately contact Upperdeck Restaurant and report this incident, the
cost thereof will be for the Users account if standard process and procedures was not adhered to.
