Home Terms of Use

GREENFEED® GROWING SYSTEMS TERMS AND CONDITIONS


1. Conditions of access
1.1 The use of the GreenFeed® Growing Systems web site ("this site") is subject to the terms and conditions of use as set out below. It is important that the user reads and understands the terms of use applicable to the GreenFeed® Growing Systems web site.

2. Acceptance

2.1 These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between GreenFeed® Growing Systems Company Registration or its co-subsidiaries or affiliates, as the case may be (“GreenFeed® Growing Systems ”) and the user.

3. Information on this site

3.1 All information on this site is only intended to provide the user with general information about GreenFeed® Growing Systems , GreenFeed® Growing Systems products and GreenFeed® Growing Systems services.

3.2 All information regarding the product and services including information in respect of the terms and conditions or any other matters, is subject to change without notice.

4. Third party Information

4.1 GreenFeed® Growing Systems may use the services of other third party organisations to provide information on this site. GreenFeed® Growing Systems has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. GreenFeed® Growing Systems will not be directly or indirectly liable for any damages that may arise from the user's reliance on it.

5. Amendments to these conditions

5.1 GreenFeed® Growing Systems may amend these conditions from time to time without notification to the user. By accessing this site the users are bound to the version of the terms and conditions published at the time of any visit to this site. The user agrees to view the current version each time that this site is visited.

5.2 The current version of these conditions will govern the respective rights and obligations of GreenFeed® Growing Systems and the user each time the user access this site.

6. Linked third party sites

6.1 This site may contain certain images and links to other third party websites ("linked sites") with information and material produced by other parties. The linked sites are not under the control of GreenFeed® Growing Systems and GreenFeed® Growing Systems is not responsible for the content of any linked site, including without limitation any linked contained in a linked site, or any changes or updates to a linked site.

6.2 GreenFeed® Growing Systems is not responsible for webcasting or any other form of transmission from linked sites nor is GreenFeed® Growing Systems responsible if the linked site is not working appropriately.

6.3 GreenFeed® Growing Systems is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by GreenFeed® Growing Systems of the site, their business or security practices or any association with its operators.

7. About Security

7.1 GreenFeed® Growing Systems is committed to making sure that your online experience is safe and secure. GreenFeed® Growing Systems uses multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.

8. GreenFeed® Growing Systems 's Commitment to Customer Privacy

8.1 GreenFeed® Growing Systems ("GreenFeed® Growing Systems "), is committed to maintaining the privacy and security of its customers' personal and private information ("customer information") submitted to GreenFeed® Growing Systems via the www.GreenFeed.co.za website ("the/this website"). This privacy and security policy ("this policy") outlines GreenFeed® Growing Systems 's practices and commitment to the customer in this regard.

9. RSS Use

9.1 GreenFeed® Growing Systems offers RSS (Really Simple Syndication) feeds of the updated or latest content found on the GreenFeed® Growing Systems web site ("this site") in XML format to visitors of the site. This service is offered free of charge and is for non-commercial use only.

9.2 Users are strictly prohibited from placing or incorporating advertising in the GreenFeed® Growing Systems RSS content. Under no circumstances whatsoever may you modify, alter or edit the text, content or links as supplied by GreenFeed® Growing Systems on the RSS feeds.

9.3 The RSS service offered by GreenFeed® Growing Systems may only be used on platforms which allow a functional link to access and take the user directly to the full article as displayed on the GreenFeed® Growing Systems website. The user is not allowed to display the GreenFeed® Growing Systems RSS content in a manner that does not permit successful linking, redirection or delivery to the official and applicable GreenFeed® Growing Systems web page.

9.4 GreenFeed® Growing Systems reserves the right in its sole discretion, for whatsoever reason at any time, to require users of the RSS service to immediately cease using the service, upon receipt of notification in this regard.

9.5 GreenFeed® Growing Systems shall not be held liable for any of your activities in connection with the RSS feeds or for use of the RSS service in connection with your website.

10. Hyperlinks, deep linking, crawlers and metatags

10.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site, GreenFeed® Growing Systems 's prior written consent is required. An application for linking must be submitted to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

10.2 GreenFeed® Growing Systems 's consent may be withheld or granted, subject to conditions specified by GreenFeed® Growing Systems .

10.3 Breach of these conditions entitles GreenFeed® Growing Systems to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.

11. Intellectual Property Rights

11.1 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to GreenFeed® Growing Systems .

11.2 The user is authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

11.3 The material is used for considering use of the online services and for no other commercial purposes.

11.4 Any reproduction of our proprietary material from this site or portion of it, must include GreenFeed® Growing Systems 's copyright notice in its entirety.

11.5 The logos and trademarks shown on this site are GreenFeed® Growing Systems 's registered and unregistered trademarks, or that of third parties.

11.6 Nothing on this site should be construed as granting any licence or right to use any trademark without GreenFeed® Growing Systems 's prior written permission and/or that of third parties, as the case may be. The user may not, without GreenFeed® Growing Systems 's prior written consent, use GreenFeed® Growing Systems 's intellectual property or that of third parties for any purposes whatsoever.

12. Sending of information

12.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.

12.2 The user accepts that GreenFeed® Growing Systems cannot be held liable for any loss, or damage suffered by the user as a result of unlawful activities by unscrupulous persons, as GreenFeed® Growing Systems cannot prevent such behavior.

13. Warranties and representations

13.1 All the information appearing on this site is provided without a representation or warranty whatsoever, whether expressed or implied, and GreenFeed® Growing Systems disclaims any liable to the user in this regard

13.2 GreenFeed® Growing Systems makes no representations or warranties regarding the accuracy, functionality, fitness for purpose or non-infringement in connection with this site and disclaims all liability in this regard

13.3 GreenFeed® Growing Systems does not warrant that the site or online services will be error-free

14. Disclaimer and limitation of liability

14.1 Use of this site is entirely at the user's own risk. The user assumes full responsibility for the risk or loss resulting from the use of this site and the user's reliance on information contained on it.

14.2 In no event will GreenFeed® Growing Systems be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the user's use of this site or the online services or the information contained on this site or the user's inability to use this site or the online services, whether such damages arose out of contract, or direct or otherwise and regardless of whether GreenFeed® Growing Systems was expressly advised of the possibility of such loss or damage.

14.3 Without derogating from the generality of the above, and to the extend legally permitted, GreenFeed® Growing Systems will not be liable for:

14.4 Any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, GreenFeed® Growing Systems 's system, databases or any of its components, beyond GreenFeed® Growing Systems 's reasonable control;

14.5 Any loss or damage with regard to the users data or other data directly or indirectly caused by malfunction of GreenFeed® Growing Systems 's system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on GreenFeed® Growing Systems 's system or third party systems; programming defects;

14.6 Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers; internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.

15. Animal feed ration disclaimer

15.1 GreenFeed® Growing Systems does not prescribe any animal feed rations as we specialize in the development and supply of grow room systems only. Although many combinations of animal feed can be grown from our grow units, the correct balance and ratios required for every type of animal feed must be calculated by a professional independent animal nutritionist.  GreenFeed® Growing Systems will not take any responsibility regarding the types of seeds sprouted and the combinations thereof used in animal feed.

15.2 In spite of the constant care and attention paid by the GreenFeed® Growing Systems to the composition of to our website and our documents, it is possible that the information which is published here is incomplete or incorrect.

15.3 The information on our website and documents, our marketing information, product and price list document is supplemented on a daily basis and changes may be made at any time and with immediate effect without any prior notice.

15.4 GreenFeed® Growing Systems cannot guarantee that the information on this website is suitable for the purpose for which you consulted it.  All information, products and services are offered on an as-is basis and without any guarantee, implicit or otherwise, with respect to their soundness or suitability for a particular purpose or otherwise.

15.5 The GreenFeed® Growing Systems recommendations exclude all liability for any form of direct or indirect damage of any nature whatsoever arising from or related in any way to the use of our website or related marketing documentation. GreenFeed® Growing Systems is also not liable for direct or indirect damage which is the result of making use of information which was obtained through our website or marketing documentation.

15.6 The translations of all documents published by our organisation were prepared with the utmost care. However, the GreenFeed® Growing Systems does not accept any liability for the correctness and completeness of the compilation and content of these translations and the direct or indirect consequences of acting or failing to act based on these translations. It is not possible to derive any rights, of whatever nature, from the compilation and contents of the translations.

15.7 Use of our website is at your sole risk. All materials, information, products, software, programs, and service are provided “As Is” with no warranties whatsoever. GreenFeed® Growing Systems expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including but not limited to warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement of intellectual property rights. GreenFeed® Growing Systems give no representation or warranty that our website or documentation will be secure or interruption or error-free. You agree that downloading or obtaining information from our website or documentation is done at your discretion and risk and that you are solely responsible for any damages that may result, including but not limited to loss of data or damage to your computer.

15.8 Except where prohibited by law, in no event will GreenFeed® Growing Systems be liable to for any damages, including indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising from the use of the site or our documentation. You agree to indemnify and hold GreenFeed® Growing Systems, its members, officers, directors, agents and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made by any third party due to ,or arising out of, or in connection with your use of our website or documentation. By using this website and our documentation you agree to be bound by these terms.

15.9 While the particulars displayed on our website have been carefully compiled and are believed to be accurate no warranty is given in this respect and potential purchasers should satisfy themselves as to any points arising there from.

15.10 In no event shall we, our officers, servants, agents or employees be liable for any special, indirect, consequential or purely economic loss whatsoever, regardless of whether such losses are foreseeable and whether or not caused by our negligence breach of contract misrepresentation or otherwise arising out of or in connection with the use of the website or documents save that nothing contained in these Terms and Conditions shall have effect so as to limit our liability for loss or damage arising out of personal injury or death or acts of fraud.

16. Capacity to enter into agreements

16.1 The user hereby warrants to GreenFeed® Growing Systems that the user has the required legal capacity to enter into and be bound by these terms and conditions.

16.2 Minors must be assisted by their legal guardians when reading these terms and conditions.

17. User's Liability to GreenFeed® Growing Systems

17.1 The user shall be liable to GreenFeed® Growing Systems for any liabilities, losses or expenses incurred by GreenFeed® Growing Systems as a result of any breach by the user of these terms and conditions.

18. Termination, suspension and limitation

18.1 GreenFeed® Growing Systems may:

18.1.1 Set limits or conditions on the right to certain services, features or functions on this site.

18.1.2 Restrict access to parts of or all of the services on the site; and

18.1.3 Modify, suspend or discontinue this site, whether temporarily or permanently, without notice.

19. GreenFeed® Growing Systems 's Addresses

19.1 GreenFeed® Growing Systems 's address for any legal notice is:

GreenFeed® Growing Systems

22 Eagle Ridge,

Featherbrooke Estate

Ruimsig

Krugersdorp

Contact Number +27 (0) 82 853 8630

Or

19.2 GreenFeed® Growing Systems

PO Box 1823

Rant-en-Dal

1751

Contact Number +27 (0) 82 853 8630

20. Customer Communications

20.1 The user acknowledges that GreenFeed® Growing Systems will use e-mail and notices on this site, as GreenFeed® Growing Systems 's main communication tool for all communications relating to this site, or these terms and condition.

20.2 An e-mail message will be deemed to be sent:

20.2.1 by the user, at the time at which GreenFeed® Growing Systems are capable of accessing such message;

20.2.2 by GreenFeed® Growing Systems , at the time shown on the message as having been sent, or if not so shown, at the time shown on GreenFeed® Growing Systems 's computer system as having been sent.

20.2.3 An e-mail message is deemed to be received:

20.2.4 by the Subscriber once it becomes capable of being retrieved by the user;

20.2.5 by GreenFeed® Growing Systems , once GreenFeed® Growing Systems have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier.

20.3 A message shall be attributed:

20.3.1 to the user, if it purports to have originated from the user, irrespective of the fact that someone else may have impersonated the user or whether the message sent to GreenFeed® Growing Systems resulted from an error or malfunction in the communication system;

20.3.2 to GreenFeed® Growing Systems , if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by GreenFeed® Growing Systems and such system operated without error or malfunction.

20.3.3 Unless otherwise provided for in these terms and conditions and subject to clause (by GreenFeed® Growing Systems , once GreenFeed® Growing Systems have confirmed receipt thereof to the user, or responded thereto, whichever is the earlier) confirmation of receipt of your message is required to give legal effect to such message

21. Certificate

21.1 A certificate signed by GreenFeed® Growing Systems will constitute sufficient proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date, and will be regarded as correct unless the user proves the contrary.

22. Applicable law and jurisdiction

22.1 The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

23. General provisions

23.1 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

23.2 Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.

23.3 No failure or delay by GreenFeed® Growing Systems to exercise any of GreenFeed® Growing Systems rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

23.4 If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.

 

GREENFEED® GROWING SYSTEMS STANDARD CREDIT TERMS AND CONDITIONS

WHEREAS Greenfeed and the purchaser agree as follows:

1.           INTERPRETATION

1.1.In this agreement, unless the context clearly otherwise indicates:-

1.1.1.     words importing any one gender include the other;

1.1.2.     words importing the singular include the plural and vice versa;

1.1.3.     persons include created entities (corporate or un-incorporate) and the state and vice versa.

1.2.clause headings are for convenience and shall not be used in its interpretation.

2.            DEFINITIONS

2.1.“This agreement” means the entirety of this agreement and shall include all annexures and schedules annexed to this agreement from time to time.

2.2."Greenfeed" means Greenfeed Growing Systems (Pty) Limited (Registration no. 2011/113346/07), a private company registered and incorporated in terms of the company laws of the Republic of South Africa;

2.3."The purchaser" means the name of which appears ex facie this agreement, or any other person/s at whose request or on whose behalf Greenfeed undertakes to provide services, do any business or provide any advice and/or goods.

2.4.“Services” means the services reflected on Annexure “C” to this agreement and in addition any services of whatsoever nature that Greenfeed may provide to the purchaser from time to time, which services shall include but not be limited to advice, support, and goods.

2.5.“Service fees” means all and any amounts payable by the purchaser to Greenfeed which shall include but not be limited to disbursements, taxes and agreed fees.

2.6.“Termination date” means the expiry date of this agreement by:-

2.6.1.     the effluxion of time;

2.6.2.     cancellation of this agreement by Greenfeed or the purchaser

2.6.3.     agreement.

3.            RECORDAL

3.1.The purchaser hereby engages Greenfeed to render services in accordance with Functional Specification annexed hereto marked “A” subject to the terms and conditions of this agreement.

4.            COMMENCEMENT AND DURATION

4.1.This agreement shall operate and be of force and effect for a fixed initial period as reflected ex facie this agreement as of the commencement date and for any additional period as may be agreed upon.

5.            PURCHASER’S OBLIGATIONS

5.1.The purchaser shall in the event of Greenfeed being required to deliver services:-

5.1.1.     provide relevant and necessary instructions and information to Greenfeed for the purpose of rendering said services within the time period stipulated in the Functional Specification attached to this agreement;

5.1.2.     notify Greenfeed immediately of any issue it may experience from time to time in the services provided by Greenfeed;

5.1.3.     grant Greenfeed, its representatives, employees, agents and nominees access, at all times, to inter alia any site pertinent to the rendering of the services to allow Greenfeed to perform in terms of this agreement;

5.1.4.     shall, if requested thereto by Greenfeed, take out adequate insurance to comprehensively cover any loss or damage sustained to or in respect of equipment and materials for theduration of the contact of which Greenfeed remains the owner;

5.1.5.     comply with all reasonable requests and direction by Greenfeed to enable it to properly render the services;

5.2.The purchaser agrees to pay all damages and related costs resulting from inter alia the improper application of technical advise rendered by Greenfeed as part of the services, damages caused due to operating conditions, damages due to power failures and damages due to the use/implementation of incompatible and/or unsuitable equipment or software in conjunction with the services;

5.3 Should consent of the municipality be required for the installation of the growing system, the obtaining of such consent from the relevant municipality shall be the responsibility of the purchaser;

5.4 The purchaser must ensure that there is a constant and sufficient water supply to the installation site at all times;

5.5 The purchaser must ensure that the height difference between the highest and lowest installation point is not less than 300mm across the entire site.  Should the installation site be lower than 300mm at any point, Greenfeed shall be entitled to charge an additional fee for having to raise the site to 300mm;

5.6 An authorized representative of the purchaser must be present at the installation site on the date of completion of the installation at which time the Purchaser shall inspect the completed installation with an authorized representative of Greenfeed in order to confirm that the installation has been completed and is in good working order.  In the event that the purchaser is not present to inspect the installation site with Greenfeed on the date of completion, the purchaser thereby tacitly accepts that the installation is indeed complete and in good working order.

6.            GREENFEED’S OBLIGATIONS

Greenfeed shall:

6.1. be entitled, where strict compliance with the purchaser’s instruction is not possible, to implement such instructions as near to the purchaser’s instructions as may be possible;

6.2.endeavour to comply with the purchaser’s instructions and requirements wherever possible.

7.            QUOTATIONS

7.1. All quotations furnished by Greenfeed will remain valid for a period of fourteen (14) days from the date reflected on the quotation and are subject to a change in the prices of materials.

7.2. Greenfeed may accept or reject, in whole or in part, any order placed on it by the purchaser pursuant to the quotation. Accordingly, an agreement shall only come into force between Greenfeed and the purchaser if after receipt by Greenfeed of the purchaser’s order or acceptance of the quotation, Greenfeed confirms to the purchaser that such an agreement has been concluded or if Greenfeed tenders to perform or performs in terms of the agreement.

7.3.All quotations shall be expressed in ZAR rands as at date of quotation and shall be payable in the currency reflected on the face of this agreement at the rate prevailing on date of payment.

7.4. Greenfeed shall not be bound to render services other than and ancillary to the services defined in the Functional Specification regardless of whether such additional services are a necessary corollary to the completion of the works.

7.5 Greenfeed shall be entitled to charge an additional     fee for any added costs which may arise due to unforeseen circumstances.

7.5 Upon acceptance of a quotation and subsequent order thereof, 80% of the value of the quotation, shall be due and payable upon presentment of invoice.  No services shall be rendered to the purchaser until payment thereof.

8.            INVOICE, SERVICE FEES AND PAYMENT

8.1.Save for the provision set out in paragraph 7.5 above, all invoices rendered by Greenfeed are payable by the purchaser within forty-eight (48) hours of date of such invoice.

8.2. Should the purchaser have any objections as to the correctness of any invoice presented by Greenfeed, such objection must be lodged in writing within twenty-four (24) hours, failure by which the purchaser shall be deemed to have accepted the correctness thereof.

8.3. The purchaser shall under no circumstances be entitled to retain or withhold monies due and payable to Greenfeed.

8.4. The purchaser shall effect payment of all amounts due to Greenfeed at Greenfeed’s offices as reflected ex facie this agreement, or as otherwise agreed between the parties.

8.5. Presentment of an invoice shall not be a precondition to payment and the purchaser shall pay the service fee due to Greenfeed on telephonic demand.

8.6. Payment shall be effected by the purchaser free of deduction, bank charges, exchange or set-off and in this regard the purchaser acknowledges that it has no right to withhold payment for any reason whatsoever.

8.7. Without derogating from the provisions of clause 8.3 above invoices shall be payable in the currency reflected on the face of this agreement at the rate prevailing on date of payment.

8.8. Interest shall accrue on any amount outstanding to Greenfeed at the rate of 24% per annum compounded monthly in arrear and shall be payable on demand.

9.            CERTIFICATE OF INDEBTEDNESS

9.1. A certificate signed by a representative of Greenfeed, whose authority need not be proved, reflecting the indebtedness of the purchaser to Greenfeed shall be prima facie proof of the purchaser’s indebtedness and that payment is due.

9.2. Any invoice of Greenfeed reflecting charges for any services rendered by Greenfeed shall be prima facie proof that said services were rendered until the contrary is proved, the onus of which proof to the contrary shall be on the purchaser.

10.          MARKETING

10.1 The purchaser consents to Greenfeed, strictly for the purposes of promoting and marketing Greenfeed’s services, representing to third parties that Greenfeed has rendered services to the purchaser and in this regard to divulge the nature and scope of the services so rendered save in the face of any confidentiality agreement to the contrary.

11.          RESERVATION OF OWNERSHIP

11.1 The purchaser acknowledges that Greenfeed holds all intellectual and proprietary rights, title and interest to the services and that the purchaser will at no time acquire rights to the services.

11.2. Should the purchaser fail to make any due payment in terms of this agreement, Greenfeed may without notice, and without prejudice to any other right that it may have in terms of this agreement or the law, take immediate possession of goods supplied pursuant to Greenfeed rendering the services, wherever same be located.

12.          GENERAL SKILLS AND KNOWLEDGE

12.1. Notwithstanding anything to the contrary in this agreement, Greenfeed will not be prohibited or enjoined, at any time, by the purchaser from utilising any skills or knowledge acquired during the course of providing the services, including without limitation, information publicly known or available or that reasonably be acquired in similar work performed for another purchaser or Greenfeed.

13.          PROPER LAW

13.1. This agreement and the legal relations between the parties under this agreement shall be determined in accordance with the laws of the Republic of South Africa and the parties hereby agree to submit to the jurisdiction of the South African courts.

14.          NOTICE

14.1. Any notice or communication required or permitted to be given hereunder may be delivered by hand, courier service, transmitted by email, confirmed facsimile or mailed by registered mail, return receipt requested, postage pre-paid in each case to the address of the receiving party or such other address as may be furnished in writing by either party to the other party. Notice will be deemed to have been given on the date it is delivered, mailed, emailed, faxed or sent whichever is the earlier.

15.          DOMICILIUM

15.1. The parties choose as their domicilium citandi et executandi, for all purposes hereunder, the physical addresses reflected ex facie this agreement, which address may be changed by notice to the other party in terms of clause 16 hereof.

16.          JURISDICTION

16.1. Greenfeed reserves the right  to institute any process of court against the contractor in any court of competent jurisdiction subject thereto that the contractor consents in terms of section 45 of the Magistrate’s Court Act 32 of 1944 (as amended) to the jurisdiction of the Magistrate’s Court notwithstanding the fact that the amount in dispute may exceed said courts jurisdiction.

16.2  Greenfeed reserves the right, without derogating from    what is stated in 16.1 above, to refer any dispute to arbitration, which arbitration shall be submitted to and decided in accordance with the arbitration rules of AFSA.

17.          BREACH

17.1. In the event of any non-payment or any other default by the purchaser of any of its obligations in terms of this agreement, Greenfeed shall be entitled, but not obliged and without prejudice to any other rights which may be vested in it by law to suspend or cancel this agreement.

17.2. In such event  the purchaser shall be immediately liable, not only for the amount owing to Greenfeed to the date of such cancellation or suspension, as the case may be, but also for 75% of the full value of the incomplete portion of the agreement which takes into account, inter alia, amounts payable by Greenfeed to third parties during the uncompleted portion of the agreement and loss of profit and shall represent a genuine pre-estimate by the parties of the liquidated damages which will be suffered by Greenfeed on suspension/cancellation of the agreement as contemplated herein.

17.3. The purchaser shall be liable to Greenfeed for all legal expenses (including collection fees) on the attorney and own client scale which shall include counsel’s fees per brief, tracing agents’ fees, collection commission and all ancillary expenses, in the event of (a) any default by the purchaser or (b) any litigation with regard to the validity and enforceability of this agreement.

17.4. No claim under this agreement will arise against Greenfeed unless the purchaser has given Greenfeed thirty (30) days notice to rectify any defect or breach of this agreement by Greenfeed, which notice shall specifically detail the nature and extent of the defect and/or breach.

18.          REPRESENTATIONS

18.1. Any representations made or information supplied or furnished by the contractor to Greenfeed pursuant to the purchaser wishing to procure the services of Greenfeed is warranted by the purchaser to be true and correct.

18.2. The signatory warrants that by affixing his/her signature hereto that he/she has read and understands the entire contents of this agreement and further that he/she is duly authorised to represent the contractor in concluding this agreement.

18.3. Greenfeed does not warrant that the services shall comply with, or be appropriate in respect of the purchaser’s business.

19.          EXEMPTION OF LIABILITY

19.1. The purchaser shall have no claim of any nature whether contractual or for damages consequential or otherwise against Greenfeed in respect of any loss or damage sustained by the purchaser howsoever caused including the negligent acts or omissions of Greenfeed or any of its employees, agents or representatives.

19.2  Greenfeed shall use its best endeavours to affect delivery of the various stages of installation on the estimated delivery date.  The purchaser shall have no claim against Greenfeed on account of delays in effecting delivery, partial delivery or non-delivery, for any damages suffered, whether consequential or not and the purchaser shall not be entitled to withhold or defer any payment in terms hereof.

20.          NO CESSION

20.1. The purchaser shall not be entitled to cede or assign rights and/or obligations that it may have in terms of this agreement to any third party.

21.          GENERAL

21.1. Any latitude, extension of time or other indulgence which may be granted to the purchaser by Greenfeed or any failure by Greenfeed to enforce any of its rights under this agreement at any time shall not, under the circumstances, be deemed to be a waiver of any of Greenfeed’s rights thereafter to enforce and compel strict compliance with the terms and conditions of this agreement.

21.2. This agreement shall constitute the entire contract between the parties who by their signatures hereto acknowledge that no representations have been made or warranties given or conditions to stipulations attached to any of the matters referred to in this agreement. No variation of this agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the parties by their representatives, duly authorised thereto.

21.3. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract between the parties or not.

21.4  All goods are sold “voetstoots”, without any warranty     against latent defects.

22.          COUNTERPART

24.1  This agreement will be binding and have full force and effect despite the fact that it may be signed by both parties separately at different times and in different counterparts.

23.          SEVERABILITY

23.1. If any provision of this agreement is or becomes invalid or unenforceable, for any reason whatsoever, such provision shall be divisible and be regarded as pro non scripto, the remainder of this agreement to be regarded as valid and binding.

23.2. In the event that the terms and conditions recorded herein differ from the content and import of information contained in annexures to this agreement the provisions hereof shall take precedence.