Company Customer
| 1. HEINEKEN SA, as owner of Draught Equipment (which for purposes of this Agreement will include any ancillary equipment, referred to as Draught Equipment) loans to the User the Draught Equipment as set out in the schedule hereto. | ||||||||
| 2. This Agreement shall commence on delivery of the Draught Equipment and shall endure for an indefinite period. The User shall be entitled to terminate this Agreement by giving HEINEKEN SA or its nominated agents 14 (fourteen) days written notice of their intent to do so. HEINEKEN SA 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 Draught 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 Draught Equipment was received in good condition and the risk in and to the Draught Equipment will pass to the User upon delivery thereof. The User will be responsible for loss or damage to the Draught Equipment and will insure the Draught Equipment against all risks of loss or damage for its full replacement value, which value shall for purposes of this Agreement to be the value reflected in the aforementioned schedule hereto. The User shall further procure that HEINEKEN SA's interest in and to the Draught Equipment is noted in its policy of insurance. | ||||||||
| 4. The User will place the Draught Equipment on the User's Premises, referred to above, in a prominent position and will not move, or remove the Draught Equipment in, or from the Premises under any circumstances whatsoever. 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 Draught Equipment by HEINEKEN SA, or its nominated agents and agrees that the Draught Equipment will be used continuously, that minimum purchase requirements as set out in the schedule are met and that the Draught Equipment will be kept fully stocked exclusively with HEINEKEN SA products. | ||||||||
| 6. The User will provide the necessary power to operate the Draught Equipment will not interfere with the machinery of the Draught Equipment and will immediately advise HEINEKEN SA / 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 Draught 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 telefax number 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 HEINEKEN SA 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 ownership in the Draught Equipment brought onto the Premises. | ||||||||
| 11. In the event of the agreement being cancelled, the User irrevocably authorizes HEINEKEN SA to uplift the Draught Equipment from its Premises and agrees to pay all costs incurred by HEINEKEN SA to secure recovery of the Draught 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/outlet is in the process of any form of liquidation/sequestration or in the process of moving or closing down the User needs to provide HEINEKEN SA a minimum of 14 days' notice thereof, so that Draught Equipment can be uplifted. | ||||||||
| 13. During the course of this Agreement, should the User become aware that its liquor license has or will become invalid or expire he/she shall inform Heineken SA so that the appropriate steps of removing the Draught Equipment can be implemented. | ||||||||
| 14. If the Premises has been raided by the SAPS Police and or other legal authority and the Draught Equipment is confiscated, the User will immediately contact HEINEKEN SA and report this incident, the cost thereof will be for the Users account if standard process and procedures was not adhered to. | ||||||||
| 15. The User agrees to have fort nightly sanitization to ensure the quality of the product served from the Draught Equipment. Failure to do so will be a breach of this Agreement, HEINEKEN SA shall be entitled to cancel this Agreement by giving the User 48 (forty eight) hours' notice in writing of its intention to do so. | ||||||||
Individual Customer
| 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 Norman Goodfellows. HEINEKEN SA and Norman Goodfellows agreed that the Blade Dispensing Equipment be sub-leased to the User. Norman Goodfellows 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 Norman Goodfellows or its nominated agents 14 (fourteen) days written notice of their intent to do so. Norman Goodfellows 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 Norman Goodfellows 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 Norman Goodfellows 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 Norman Goodfellows 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 Norman Goodfellows 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 Norman Goodfellows and report this incident, the cost thereof will be for the Users account if standard process and procedures was not adhered to. | ||||||||