Account Credit Application Form


    NAMES OF OWNERS OF BUSINESS










    COMPANY /CC DETAILS (NAME OF DIRECTORS / MEMBERS)










    CONTACT DETAILS

    Contact Person






    Account Dept. Contact Person











    GENERAL SHIPPING DETAILS





    BANKING DETAILS





    TRADE REFERENCES







    MY ROYALE


    (this will default to your e-mail address if left blank or already in


    (this will default to your account number if left blank)

    CREDIT REQUIRED

    Terms of Payment as agreed.

    p.m.

    CONSENT TO CREDIT CHECK AND CONDITIONS:

    I/ We hereby consent that SA Courier Systems (t/a Royale International) or any of its duly appointed agents may:

    (a) perform a credit search on the Client’s record with one or more of the registered credit bureaus when assessing the Client’s application for a credit facility

    (b) monitor the client’s payment behaviour by researching it/his/her credit record at one or more of the credit bureaus;

    (c) use new information and data obtained from the credit bureaus in respect of the client’s credit facilities;

    (d) record the existence of the client’s account with any credit bureau and record the details of how the client is conducting its account under this agreement and that any defaults in payment to SA Courier Systems (t/a Royale International) may be disclosed to any credit bureau.


    DEED OF SURETYSHIP

    Suretyship is to be completed by all Companies and Close Corporations





    do hereby bind myself/ourselves jointly and severally unto and in favour of

    SOUTH AFRICAN COURIER SYSTEMS (PTY) LTD (T/A ROYALE INTERNATIONAL)

    REG NO: 1995/011085/07

    (hereinafter referred to as “the Creditor”)

    As surety/ies for and co-principal debtor/s in solidum with:


    (hereinafter called “the Principal Debtor”)
    for the due payment of every sum of money which may now or at any time hereafter be or become owing by the Principal Debtor to the Creditor, arising from goods supplied and/or service rendered by the Creditor to the Principal Debtor and/or arising from any claims which the Creditor may have against the Principal Debtor in pursuance of transactions concluded between the Creditor and Principal Debtor and for the due performance of every other obligation, howsoever arising, which the Principal Debtor may now or at any time hereafter be or become bound to perform in favour of the Creditor.

    I/We hereby agree:

    • 1. That this deed of suretyship shall constitute a continuing covering liability on my/our part for whatever amount/s and whatever other obligation/s will be owing by the Principal Debtor to the Creditor for the time being, notwithstanding any intermediate discharge or settlement of or fluctuations in the account and notwithstanding death, insolvency (which term shall for all intents and purposes in this deed of suretyship include sequestration, surrender, winding up and judicial management) or legal disability of the Debtor or of any other surety/ies for and/or co-principal debtor/s with the Principal Debtor, until the Creditor will have agreed in writing to cancel the deed of suretyship.

    • 2. That this deed of suretyship shall be and remain binding on the other or others of us, notwithstanding the death, insolvency or legal disability of any one of us and notwithstanding that it may for any other reason have ceased to be binding in whole or part or any one or more of us.

    • 3. That, without restricting the generality of anything hereinbefore contained, my/our joint liability hereunder shall not be limited to the principal sum of any indebtedness of the Principal Debtor to the Creditor, but shall also cover all other amounts making up the indebtedness, including, in particular, interest, commissions, and other charges.

    • 4. That it shall at all times be in the discretion of the Creditor to determine the extent, nature, duration and terms of any facilities to be allowed to the Principal Debtor.

    • 5. That all admissions or acknowledgements of indebtedness by the Principal Debtor shall be binding on me/us;

    • 6. That no extension of time or other indulgence in respect of any payment or performance, no delay or omission in demanding or enforcing any payment or performance, no whole or partial release from liability and no compromises or other arrangement in respect of the extent, amount, duration reduction or postponement of liability granted or allowed by the Creditor to the Principal Debtor or to any one or more of us or to any other surety/ies for and/or co-principal debtor/s with the Principal Debtor, and no realization, release or abandonment (wholly or partially) of any security for any indebtedness covered hereby, shall discharge me/us or the other/s of us, as the case may be, from liability hereunder in solidum.

    • 7. If the Principal Debtor is placed in liquidation or under judicial management or shall submit an offer of compromise or of composition, or a scheme or arrangement to the Creditor or any of its Creditors it shall not discharge me/us or the other/s of us, as the case may be, from liability hereunder in solidum.

    • 8. That each of us shall be bound in solidum in terms of this deed of suretyship, irrespective of whether or not the other or others of us referred to herein will have executed this document or become bound in terms thereof.

    • 9. I/We renounces the benefits of

    • 9.1 Excussion – that the Creditor have to proceed against the Principal Debtor first before proceeding against the surety first;

    • 9.2 Division – that the Debt has to be divided between the Principal Debtor and the Surety

    • 9.3 De doubus vel pluribus reis debendi – that the Surety should be sued jointly with other principal debtors

    • 10. In terms of Section 45 of the Magistrate’s Court Act 1944, I/We hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction under Section 28 of the said Act in respect of any action instituted against me/us or any or more of us by the Creditor. It shall nevertheless be entirely within the discretion of the Creditor as to whether to proceed against me/us in such Magistrate’s Court or any other Court having jurisdiction, including any High Court.

    I/We hereby choose domicillium citandi et executandi for all purposes arising out of this deed of suretyship at:
    (Each surety to provide his/her own domicilium address):



    (PHYSICAL ADDRESS)

    • 11. Every notice to be given in terms of or incidental to this Suretyship shall be in writing and shall be either left at the domicilium citandi et executandi in which case it shall be deemed to have been received when so left OR prepaid registered mail to the Surety at the domicilium citandi et executandi in which case it shall be deemed to have been received on the seventh business day after posting.

    • 12. As part of its liability in terms hereof the surety(ies) undertakes to pay the amount of all charges and expenses of whatsoever nature, including, but without derogating from the generality of the aforegoing, attorney and client costs, collection commission and tracing fees incurred by the Creditor in securing or endeavouring to secure fulfilment of the obligations.

    • 13. That no variation or cancellation of this Deed of Suretyship will be of any force or effect unless reduced to writing and signed by both the Surety(ies) and the Creditor.

    I/We, the undersigned, by appending my/our signature(s) hereto, confirms that when the aforegoing Suretyship was signed in favour of the Creditor there were no blank spaces herein which still required to be complete and no deletions which are still required to be made, that the names of the Principal Debtor and Surety(ies) have been duly inserted and was in all respects complete and that the Suretyship is not subject to any conditions precedent to its coming into force.







    TERMS AND CONDITIONS SPECIFIC TO THE APPLICATION FOR AND UTILISATION OF THE CREDIT FACILITY

    1. - I / We, the undersigned

    (full name) in my/our capacity as

    of the Client hereby warrant that I/We are duly authorised by the Client to make and sign this application for credit facilities on behalf of the Client and the above information is correct.

    1.1 - Do hereby, on behalf of the Client accept and agree to these terms as well as the Carrier’s standard terms and conditions of sale and I / We acknowledge having read and understood and hereby warrant that, by my signature hereto, this document has been completed in all respects.

    2. - I / We acknowledge and agree that:

    2.1 - The information set out in the Application form shall form the basis of the Carrier’s decision to grant Credit Facilities to the Client.

    2.2 - The Carrier shall, on the basis of the representations contained in the Application Form at its sole discretion determine the Credit Facility to be granted to the Client

    2.3 - I/We shall notify the Carrier, in writing by registered mail, alternatively obtain written acknowledgement of such notice from the Carrier, of any changes in the information contained in this document and any annexure thereto, within seven (7) days from such changes taking place.

    2.4 - Should the Client fail to make payment of any amount on due date (as specified on any invoice or statement) the Carrier shall be entitled to suspend such credit facilities and/or cancel the agreement and/or suspend further supply of goods/Services. In the event that the Carrier cancels the agreement between the parties the full amount outstanding, whether due or not, will immediately become due, owing and payable.

    2.5 - The Client warrants that it has disclosed all facts which may influence the granting of the credit facilities to the Client.

    3.1 - All monies due to the carrier in respect of services rendered shall be paid within agreed terms from date of consignment and payment shall be made without deduction or set-off and no amounts due may be deferred or withheld for any reason whatsoever.

    3.2 - PLEASE NOTE: If the Client fails to pay any amount due in terms of the proposed agreement on or before the stipulated due date, the Carrier will be entitled, but not be obliged, to levy interest at a rate of 2% per month or such other maximum rate of interest as may be prescribed in respect of incidental credit agreements pursuant to the National Credit Act 34 of 2005 and any regulation published thereunder.

    4.1 - The Client understands that the personal information given to the Carrier is to be used for the purposes of assessing credit worthiness and in order to perform in terms of these Terms and Conditions. The Client confirms that the information given to the Carrier is accurate and complete. The Client further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which the Carrier will not be liable for inaccuracies.

    4.2 - The Carrier will not use the Client’s personal information for any purpose (other than as stated above) without the Client’s express consent. The Carrier will not use or disclose the Client’s personal information to third parties without the Client’s consent, unless the use or disclosure is –

    4.2.1 - required to carry out the performance of these Terms and Conditions or any other agreement between the parties;

    4.2.2 - required in order to comply with applicable law, order of court or legal process; and/or

    4.2.3 - disclosure is necessary to protect and defend the legitimate interests of the Carrier.

    4.3 - The Carrier has the Client’s consent at all times to contact and request information from any persons, credit bureau or businesses to obtain any information relevant to the Client’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time Client’s has dealt with each supplier, type of goods purchased and manner and time of payment.

    4.4 - The Client agrees and understands that information given in confidence to the Carrier by a third party on the Client will not be disclosed to the Client.

    4.5 - The Client hereby consents to and authorises the Carrier at all times to furnish credit information concerning the Client’s dealing with the Carrier to any third party seeking a trade reference regarding the Client in his dealings with the Carrier.

    5.1 - The Parties agree that any legal proceedings may be instituted in any Magistrate’s Court having jurisdiction regarding any legal action arising out of this agreement, despite the fact that such action may not fall within the monetary jurisdiction of the Magistrate’s Court. Notwithstanding this consent either party will have the right to institute action against each other in any competent Court having jurisdiction. Including any High Court.

    5.2 - The Client shall be liable for any tracing, collection or valuation fees incurred by the Carrier should the Client default on its obligation under this agreement.

    5.3 - A certificate issued by any Director of the Carrier showing the amount due and owing by the Client to the Carrier at any given time shall be prima facie proof of the facts therein stated for the purpose of legal proceedings against the Applicant for the recovery of the said amount.

    6.1 - The parties choose as their domicilium citandi et executandi for the delivery of all court processes and any other notices hereunder

    6.2 - Either party may change its domicilum citandi et executandi upon 10 business days written notice to the other party to any other address in the Republic of South Africa which is not a post office box or poste restante.

    TERMS AND CONDITIONS

    All business undertaken by South African Courier Systems (Pty) Ltd (t/a Royale International) is subject to the following terms & conditions:

    1. - for the purposes of the paragraphs set out below:

    1.1 - the “carrier” shall mean South African Courier Systems (Pty) Ltd t/a Royale International

    1.2 - the “carriage” shall mean all forms of carriage and related activities undertaken by the carrier on behalf of the client

    1.3 - the “client” shall mean the party reflected on the waybill or the credit application as the sender of goods.

    1.4 - the “goods” shall mean any goods coming under the control of the carrier on behalf of any client and shall include any container, transportable tank, flat, pallet or package or other covering not supplied by or on behalf of the carrier.

    3. - All and any business undertaking, including any advice, information or services provided by the carrier shall be subject to the conditions hereafter set out and each conditions shall be deemed to be incorporated in and to be a condition of any agreement between the carrier and the client.

    4. - The carrier is not a public or common carrier and acts as freight forwarder only. The client or his representative by his signature on the waybill or credit application enters into a contract with the carrier to arrange delivery as indicated on the waybill. The client certifies that the particulars on the face of the waybill will be correct and requests the carrier to receive and forward the mentioned goods to aid destination and to deliver it to the consignee in accordance with the conditions as set out hereunder. The client hereby warrants that he is the duly authorised agent of the consignee for and on whose behalf the conditions set out herein are accepted and hereby indemnifies the carrier against and all claims of whatsoever nature and howsoever arising, instituted against the carrier by the consignee or any other person. The client furthermore accepts that in the event of the carrier being unable to deliver the goods to the consignee due to the address of the consignee having been incorrectly stated on the waybill; the consignee being unknown at the place of delivery and/or the consignee refusing delivery, then the client automatically agrees to pay the charges of the carrier in returning the goods to their place of original consignment.

    5.1 - No goods, including radio-active materials, which are or may become dangerous, inflammable or noxious or which, by their nature, may become liable to cause injury or damage to any person, goods or property whatsoever shall be tendered to the carrier without the express consent of the carrier in writing. The goods or the container, package or other covering in which the goods are to be tendered to the carrier or its agent shall be prominently marked on the outside so as to indicate the nature and character of the goods, and so as to comply with any applicable laws, regulations or requirements of any authority or carrier.

    5.2 - If any such goods are tendered to the carrier without its written consent or without being marked as aforesaid the same may, at any time, be destroyed disposed of, abandoned or rendered harmless at the sole discretion of the carrier and at the entire risk and expense of the client without compensation to him/her/it, or any other party and without prejudice to the carrier’s rights to its charges or fees including the costs of destruction or disposal.

    5.3 - Notwithstanding its acceptance of the goods with express consent the carrier may nevertheless for good reason such as the risk to other goods, property, life or health destroy or otherwise deal with the goods at the entire risk and expense of the client without compensation to him/her/it, or any other party and without prejudice to the carrier’s rights to its charges or fees including the costs of destruction or disposal.

    5.4 - Whether or not the client was aware of the nature of the goods and whether or not the Carrier’s written acceptance thereof was obtained, the client shall be deemed to have indemnified the Carrier against all loss, damage or liability caused to the Carrier as a result of the tender of the goods to the Carrier.

    5.5 - The client shall be responsible for compliance with all regulations relating to such goods as aforesaid in force in any country or its territorial waters.

    6. - Notwithstanding the provisions of Clause 5.1 to 5.5 herein above the Client warrants that the contents of the shipment may be lawfully carried aboard passenger aircraft, and is not a prohibited substance under any applicable statutes and regulations. That it is properly packaged for that purpose if necessary. The client shall indemnify and hold the carrier harmless against any loss by the latter as a result of client’s violation of this provision.

    7. - The carrier’s charge for its services are set out in the carrier’s official Tariff document, applicable from time to time. Such tariff of charges shall be subject to review by the carrier without prior written notice to the client. Any variation or alteration to the carrier’s tariff shall immediately be binding on the client. Should the carrier have agreed to rates of charge which are less than the carriers official tariff rate then such agreed rates will apply in respect of the goods or transactions to which they relate, unless the client fails to pay such charges on/or before due date for payment, in which event the carriers official tariff charges will become due and payable in lieu of the agreed charges.

    8. - The carrier’s handling of goods shall not be influenced in any way by their contents or by the client’s declaration as to their contents, and the carrier does not undertake to study or be influenced by such declaration.

    9. - The carrier’s liability to the client in respect of goods in its care shall:

    9.1 - terminate on bona fide delivery of the goods to the consignee nominated by the client, unless the consignee, at the time of delivery brings to the attention of the carrier in writing any loss or damage to the goods. Failure to so advise the carrier will give rise to an irrevocable presumption that all goods were delivered in the same order as when received by the carrier.

    9.2 - due to government restrictions on offering financial advice the carrier is not able to offer insurance on international or domestic shipments. All insurance needs must fulfilled by an outside party. Please contact the carrier for further information.

    9.3 - not, in any circumstances, extend to and include any loss or damage, whether direct or consequential, suffered by the client or the consignee attributable to delay in delivery or non-delivery of any goods due to whatever cause whether it be due to default or not.

    10. - The Carrier shall not accept liability for the handling of any bullion, coins, precious stones, jewellery, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles, livestock or plants unless special arrangements have previously been made in writing. Should any client nevertheless deliver any such goods to the Carrier or cause the Carrier to handle or deal with any such goods otherwise than under special arrangements previously made in writing the Carrier, whether or not it is aware of the nature of the goods, shall bear no liability whatsoever for or in connection with any loss of or damage to the goods.

    11. - The carrier shall have a lien over the goods for monies due to the carrier in respect of services rendered by the carrier whether or not payment in respect of such goods is then due and furthermore whether or not such payment is due in respect of carriage of such goods or other goods which have already been carried but not yet paid for. Without prejudice to any of the carrier’s rights against the client, in the event of the client failing to pay the carrier the monies due to it, the carrier shall have the right to:

    11.1 - to open and examine any parts of the goods; and

    11.2 - at its option, to sell, either by public auction or private treaty, and at its entire discretion, the whole or any part of the goods; and

    11.3 - to apply the proceeds of any such sale, after deduction of all expenses associated therewith, in payment of or towards any sum due by the client to the carrier

    11.4 - to pay the client any surplus, without interest, within 60 (sixty) days after such sale whereupon the carrier shall be released from all liability whatsoever in respect of the goods carried. The above rights shall apply mutates mutandi in respect of any goods abandoned in the possession of the carrier and not claimed within a period of 60 (sixty) days of date being originally delivered to the carrier.

    12. If the client wishes the carrier to collect any payments due by the client to the carrier from a third party, the client must, at the same time of requesting the carrier to deliver the goods on its behalf ensure that:

    12.1 - the third party is an account holder of the carrier;

    12.2 - the third party’s account number is quoted on the waybill document. If the client fail to do so, the carrier will ignore the client’s instructions and the carrier will charge the client directly, or, at the carrier’s discretion, will refuse to move the goods tendered by the client for delivery until accounting instructions acceptable to the carrier are received from the client. Should the third party nominated by the client as debtor decline to settle the carrier’s charges, the client shall be liable to the carrier’s charges in full.

    13. - Every client engaging the carrier to undertake business shall do so and shall be deemed to do so in every respect and in relation to all the terms of the transaction including these conditions not only on his own behalf but also as agent and on behalf of:

    13.1 - every person then owning or otherwise interested in any goods the subject of the transaction undertaken, and;

    13.2 - every person acquiring ownership of or any other interest in any such goods subsequent to the engagement of the Carrier and prior to the completion of the transaction undertaken.

    13.3 - Every client engaging the Carrier shall be deemed to have warranted that he either has the authority to engage the Carrier as owner of such goods or as the authorised agent and on behalf of the persons referred to in 13.1 and 13.2 above.

    14.1 - The client shall be deemed to be bound by and warrant the accuracy of descriptions, values and other particulars furnished to the carrier for customs, consular or other purposes, and shall be deemed to have indemnified the carrier against all claims, losses, penalties, damages, expenses and fines whatsoever arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.

    14.2 - The client, sender, owner and/or consignee and their agents, if any, shall be liable for any duties, taxes, imposts, levies, deposits or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods, and for any payments, fines, expenses, loss or damage whatsoever incurred sustained by the carrier in connection therewith.

    15.1 - Wherever it is necessary, for the purpose of these conditions or any other purpose whatever, for instructions to be given to the carrier, such instructions shall be recognized by the carrier as valid only if timeously given specially in relation to the matter in question. Standing or general instructions, or instructions given late, even if received by the carrier without comment shall not be binding on the carrier.

    15.2 - If, at any stage in any transaction, the carrier should consider that there is good reason, making it advisable in the client’s interest, to depart from any of the client’s instructions, the carrier shall be permitted to do so and shall not thereby incur any additional liability.

    16. - All monies due to the carrier in respect of services rendered shall be paid as agreed from date of consignment and payment shall be made without deduction or set-off and no amounts due may be deferred or withheld for any reason whatsoever. In particular the lodging of a claim against the carrier by the client or consignee shall not entitle the client or consignee to withhold any monies due to the carrier.

    17. - If the Client fails to pay any amount due in terms of the proposed agreement on or before the stipulated due date, the Carrier will be entitled, but not be obliged, to levy interest at a rate of 2% per month or such other maximum rate of interest as may be prescribed in respect of incidental credit agreements pursuant to the National Credit Act 34 of 2005 and any regulation published thereunder.

    18. - Should any of the provisions of this agreement be found, by a Court, to be invalid, void or unenforceable, in whole or in part, such invalid, void or unenforceable provision will be deleted from these terms and conditions but the remainder of these conditions will nonetheless remain valid and binding.

    19.1 - The Parties agree that any legal proceedings may be instituted in any Magistrate’s Court having jurisdiction regarding any legal action arising out of this agreement, despite the fact that such action may not fall within the monetary jurisdiction of the Magistrate’s Court. Notwithstanding this consent either party will have the right to institute action against each other in any competent Court having jurisdiction. Including any High Court.

    19.2 - The Client shall be liable for any tracing, collection or valuation fees incurred by the Carrier should the Client default on its obligation under this agreement.

    20. - The parties choose as their domicilium citandi et executandi for the delivery of all court processes and any other notices hereunder,

    21. - This document, as read with the airwaybill, constitutes the full terms and conditions upon which the carrier renders its services to its clients and no other oral agreements and/or representations may be relied upon by the clients unless reduced to writing and signed by a director of the carrier. No variation to the above terms and conditions shall be enforceable unless reduced to writing and signed by a director of the carrier. In particular no other agent or employee, save for a director, of the carrier has the carrier’s authority to alter or vary these conditions either by an oral agreement or a written undertaking or promise given.

    DOCUMENTS REQUIRED TO PROCESS APPLICATION

    • Proof of Address

    • Copy of company documents

    • Directors/Members/Trustees ID’s

    • Resolution authorising signatory to sign this credit application (where applicable)

    • If Trust: Copy of the Trustee and Master’s Letter of Authority

    • Credit Application and surety to be signed by director /member



    The signatory hereto warrants that he is duly authorised thereto to conclude this agreement on behalf of the Client and that the information supplied herein is true and correct.



    The signatory hereto warrants that he is duly authorised thereto to conclude this agreement on behalf of the Client and that the information supplied herein is true and correct.


    COPYRIGHT © 2022 ROYALE INTERNATIONAL. ALL RIGHTS RESERVED.