APRA

Agreement for monitoring and armed response

Schedule A

Customer Details (to whom service will be rendered to)
Business Account (Details as is should appear on Invoice)
Alarm Location Address
Directions and special information (Reaction instructions)
Customer and key holder contact details
Keyholder 1
Keyholder 2
Keyholder 3

Contract period - 12 Months
Business Open and Closing times
Monthly cost/Annual cost
Signatures & Acknowledgements
The terms and condition hereof from part of this Agreement, and the signatory acknowledges that he/she has read and understand these terms and conditions. The signatory guarantees that he/she has authority to sign this agreement. I/We, the undersigned, hereby bind myself/ ourselves as surety/ies and co-principal debtor/s jointly and severally with the CUSTOMER, without the benefits of seizure by law, division, and cession of actions, for thedue fulfillment of all the terms and obligations of the above agreement by the CUSTOMER in favor of the THE COMPANY.
A complete copy of this agreement will be provided to the Customer on written request. This is a fixed term service agreement, in terms of Clause 17 hereto and for a period as marked in Schedule A above.

TERMS AND CONDITIONS

(Incorporating Schedule, A)

Entered into and between:

AGREEMENT FOR THE RENDERING OF A TWENTY-FOUR-HOUR MONITORING SERVICE OF AN ELECTRONIC SECURITY SYSTEM AND/OR AND ARMED RESPONSE SERVICE BETWEEN SEKURITEIT SONDER GRENSE CC – Reg no: 2007/154873/23, trading under the name and style of SEKURITEIT SONDER GRENSE, a company duly registered in terms of the Company Laws of South Africa, having its place of principal business at: 3 BENNIE OSLER STREET, UNITASPARK, VEREENIGING, 1942 (hereinafter referred to as THE COMPANY) AND OR/ IT’S REPLACEMENT AND/OR SUCCESSOR IN TITLE; and the CUSTOMER; as defined in Schedule A hereto.

The parties hereby agree as follows:

1.INTERPRETATION

1.1 The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation, nor amplify the terms of this agreement, nor any clause thereof.

1.2 In this agreement, unless the contrary intention clearly appears, words indicating:

1.2.1 the one gender includes the other two genders.

1.2.2 the singular, include the plural and vice versa and

1.2.3 a natural person includes a juristic person or legal entity and vice versa.

1.3 Sekuriteit Sonder Grense and/or its replacement and/or its successor in title.

1.4 “Date of commencement” refers to the date that this agreement is signed.

1.5 The “Agreement” refers to this agreement.

1.6 The Parties” are as described above.

1.7 “Initial fee” refers to the amount payable by the client to Sekuriteit Sonder Grense from the date of commencement of this agreement all monthly fees are paid in advance.

1.8 “Link-up” shall mean the installation and connection of the RADIO TRANSMITTER to the already existing alarm system of the CUSTOMER if marked in Schedule A.

1.9 “Take-over” shall mean the instance where the RADIO TRANSMITTER of THE COMPANY has already been installed in the PREMISES prior to the existence of this agreement for the purposes of monitoring a previous customer, if marked in Schedule A.

1.10 “Upgrade” shall mean the upgrade of the existing ALARM SYSTEM of the CUSTOMER, if marked in Schedule A.

1.11 “New” as per schedule A shall mean the installation of a completely new ALARM SYSTEM, if marked in Schedule A.

1.12 “RADIO TRANSMITTER” is defined in clause 2 hereto.

1.13 “ALARM” or “ALARM SYSTEM” shall mean an electronic intruder detection system capable of causing the RADIO TRANSMITTER to communicate with a central station.

1.14 “Emergency signal” shall mean burglary and/or panic signals.

2. RADIO TRANSMITTER

2.1 The Radio transmitter which affects the link between the Client’s security system and THE COMPANIY’S CONTROL CENTRE and which is installed on the premises remains the legal property of THE COMPANY.

2.2 THE COMPANY agrees to maintain and service the RADIO TRANSMITTER for the duration of this agreement, if necessary, at its expense.

2.3 Any damage to the radio transmitter as the result of negligent handling by the client or his delegates will be recovered from the client.

2.4 Should any third party confiscate any equipment belonging to THE COMPANY the client will immediately notify THE COMPANY of such action.

2.5 The radio TRANSMITTER, except for a digital communicator, will at all times remain the property of THE COMPANY and shall not by reason of attachment or connection to any fixed property become or be deemed to be a fixture to such property and shall at all times be separable, and shall be free from claim or right of the CUSTOMER except as set out herein. Upon termination of this agreement, or any extension hereof, for any reason, THE COMPANY will have the right to remove the TRANSMITTER from the PREMISES and the CUSTOMER undertakes to allow the workmen of THE COMPANY reasonable access and egress in and from such PREMISES for the said purpose. The CUSTOMER undertakes to notify the landlord of the PREMISES at which the TRANSMITTER is to be installed, immediately of the name and address of THE COMPANY and to further notify such landlord in writing of the terms of this agreement providing for the retention of ownership of the TRANSMITTER by THE COMPANY.

3. FUNCTIONING OF ALARM SYSTEM

3.1 Where THE COMPANY has installed the ALARM SYSTEM, it will consist of components as set out in the Quotation to the CUSTOMER. This agreement has been entered into after the acceptance of the quotation or estimate by the CUSTOMER. The CUSTOMER hereby confirms that he is satisfied with the ALARM SYSTEM as set out in the quotation.

3.2 THE COMPANY undertakes to do everything possible to ensure that an alarm system installed by itself or its authorised subcontractor functions efficiently.

3.3 The above undertaking, however, does not apply If the RADIO TRANSMITTER or ALARM SYSTEM fails to operate due to the fault or negligence of the CUSTOMER, its agents, servants or any other third party, fire, theft, lightning, a power surge or due to malicious or accidental damage the cost of such repairs/replacements shall be borne and paid by the CUSTOMER and is excluded from any guarantee. It is therefore the responsibility of the CUSTOMER to insure the RADIO TRANSMITTER and ALARM SYSTEM.

3.4 THE COMPANY and its suppliers of equipment guarantee the products installed by THE COMPANY as well as the workmanship for a period of one year from the commencement date. THE COMPANY agrees to maintain the ALARM SYSTEM purchased from THE COMPANY for the duration of the guarantee period from date of installation. Should any third party in any way interfere, connect additional components, or effect repairs to the ALARM SYSTEM during the guarantee period, the guarantee will immediately become null and void.

3.5 THE COMPANY undertakes no responsibility whatsoever for the maintenance and/or repair of any ALARM SYSTEM or any component thereof not installed or not covered by a guarantee from THE COMPANY and the CUSTOMER undertakes that any such ALARM SYSTEM shall at all times during the existence of this agreement be kept in proper working order and condition by the CUSTOMER at its sole cost and expense. Upon request by the CUSTOMER, THE COMPANY will provide a quotation and proceed with repairs to such an ALARM SYSTEM on the acceptance by the CUSTOMER. The CUSTOMER shall not withhold any payments payable to THE COMPANY in respect of this agreement due to the non-performance of the ALARM SYSTEM. It is specifically agreed that is it the responsibility of the CUSTOMER to test the alarm system at least once a month and to ensure that all detection devices connected to the ALARM SYSTEM provides adequate protection as required by the CUSTOMER and/or his insurer from time to time.

3.6 Should the TRANSMITTER or ALARM SYSTEM, during the guarantee period, fails to operate for any reason upon notice by the CUSTOMER thereof, THE COMPANY will attempt to commence repairs thereto as soon as possible. If THE COMPANY fails to do so, the CUSTOMER shall not be entitled to any claim for damages or reduction of fees against THE COMPANY, nor shall the CUSTOMER have the right to cancel this agreement or to withhold payment of any fees by reason thereof.

3.7 It is the responsibility of the client to test the functioning of his alarm system from time to time (Preferably once per Month). It is however also the client’s responsibility to notify THE COMPANY telephonically beforehand that he intends to test the security system.

3.8 THE COMPANY shall always be entitled to remove any part of the RADIO TRANSMITTER or ALARM SYSTEM from the PREMISES in order to affect any necessary repairs which cannot be affected on the PREMISES.

3.9 The CUSTOMER is hereby informed and advised to upgrade the alarm system at least once every five years from date of installation, and to replace the battery at least once every year, should there be no need or reason to do so within a shorter period. It is the CUSTOMERS’ sole responsibility to call on THE COMPANY to inspect and determine the need for an upgrade.

3.10 In particular it is specifically hereby agreed that should the CUSTOMER call upon THE COMPANY to affect any repairs to the ALARM SYSTEM and or the RADIO TRANSMITTER, and where such repairs are not covered by any guarantee in terms of this agreement, the CUSTOMER hereby pre-authorizes the cost of such a call out equal to the amount normally charged by THE COMPANY at the time. The call out fee does not include any cost for material or labour used for such a repair.

4.  INSTALLATION

4.1 The cost for the installation of the RADIO TRANSMITTER (link-up fee as set out in Schedule A) and/or the ALARM SYSTEM (where purchased form THE COMPANY) is in the amount as set out in the quotation, payable on acceptance of the quotation, which amount shall be payable over and above any fees owing to THE COMPANY in terms of this agreement.

4.2 The CUSTOMER shall afford THE COMPANY every assistance to complete the installation and will not interfere with the workmen in the performance of their duties. The CUSTOMER further agrees to accept sole responsibility for any damages to the PREMISES caused by the installation of the TRANSMITTER and/or ALARM SYSTEM and/or the warning boards.

4.3 The CUSTOMER agrees that where he owns an existing ALARM SYSTEM, prior to entering into this agreement, in or on the PREMISES, the RADIO TRANSMITTER installed shall be connected to such ALARM SYSTEM (“link-up”). If such ALARM SYSTEM is found to be faulty or transmits false signals, THE COMPANY shall provide the CUSTOMER with a quotation for the repair of such ALARM SYSTEM. Any unforeseen delays in the start of the installation, or repairs to an existing faulty ALARM SYSTEM will not give reason for cancellation of this agreement. It is the CUSTOMERS’ responsibility to provide THE COMPANY with the correct installer code of the existing ALARM SYSTEM to install the TRANSMITTER. In the absence of the correct installer code, THE COMPANY will attempt to default the alarm panel and re-program same, at the expense of the CUSTOMER.

4.4 The CUSTOMER shall not be entitled to remove the RADIO TRANSMITTER or ALARM SYSTEM from the position(s) in which it was placed by THE COMPANY or to make any alterations thereto. In the event of the CUSTOMER, during the duration of this agreement, desiring to have the RADIO TRANSMITTER or ALARM SYSTEM moved in or from the PREMISES in which installed and/or to relocate in the same or other premises, or desiring any alterations to be made thereto, or any part thereof, the CUSTOMER will give reasonable notice to THE COMPANY in writing requesting so. Any removal, installation or alteration will be carried out only by THE COMPANY and will be subject to all terms and conditions herein set out. The CUSTOMER agrees to accept sole responsibility for and indemnifies THE COMPANY against any damage to the premises in which the RADIO TRANSMITTER and ALARM SYSTEM is installed, caused by the removal or alteration of any part thereof from the PREMISES whether during the duration of this agreement or upon termination. All alterations to or removal and re-installation of the RADIO TRANSMITTER and/or ALARM SYSTEM will be done at the sole expense of the CUSTOMER.

4.5 The CUSTOMER will at all times keep THE COMPANY notified in writing of the name, and contact numbers of one or more person(s)(key holders) with whom THE COMPANY may communicate in regard to the RADIO TRANSMITTER, its operation and the PREMISES in which it is installed.

5.  RISK IN POSSESSION

Notwithstanding the retention of ownership by THE COMPANY of the RADIO TRANSMITTER, the risk in possession of the RADIO TRANSMITTER shall pass to the CUSTOMER on the installation thereof in the PREMISES. The CUSTOMER agrees to assume full responsibility for any risk arising out of the possession and the use of the TRANSMITTER and accepts liability to make good to THE COMPANY the market value, being the agreed value of the RADIO TRANSMITTER as set out in Schedule A, at the time of and in the event of the same being destroyed or damaged by fire, lightning, burglary, storm, tempest, flood or any act of God, pests, rodents, riots, civil commotion, or caused by any person or workman not in the employment of THE COMPANY working on or tampering with any part of the ALARM SYSTEM or RADIO TRANSMITTER or through any cause other than through the fault or negligence of THE COMPANY, its employees or agents.

6.  ELECTRICAL CURRENT AND COMMUNICATION COSTS

THE COMPANY shall not be liable for the cost of electricity used by the RADIO TRANSMITTER and/or ALARM SYSTEM, or any part thereof, and the CUSTOMER shall be responsible for the continuous supply of electricity and for the installation of all switches, plugs and other equipment necessary for the installation and operation of the ALARM SYSTEM and/or TRANSMITTER. The CUSTOMER will also be responsible for the provision of a telephone line (if applicable), together with the cost of calls, utilized by the digital communicator and/or all the data costs associated with the GSM modem (if applicable).

7.  INSPECTION

THE COMPANY will always have the right, with prior arrangement, to enter the PREMISES for the purpose of inspecting the ALARM SYSTEM and/or RADIO TRANSMITTER.

8.  SERVICE

8.1 Twenty-four-hour monitoring of the CUSTOMER’s security system by radio signal.

8.2 Processing of information and instructions received from the CUSTOMER, by means of computer and/or other acceptable system in the case of the activation of the relevant alarm system in the Control Centre.

8.3 The speedy notification of the Armed Response Service, SAPS, relevant authorities and/or instances and/or interested persons (whatever written instructions were given to THE COMPANY) in the case of activation of the relevant security system and when no satisfactory telephonic confirmation is received from the premises that everything on the premises is in order.

8.4 Rendering of a twenty-four-hour Armed Response Service by trained security officers within the framework of this agreement.

8.5 Immediate activation of the Armed Response Service by the Control Centre in the case of the activation of the Control Centre by the CUSTOMER’s security system.

8.6 The speedy reaction by trained and armed security officers to the premises with the exclusive aim to:

8.6.1 Take immediate action in the case of a security crisis.

8.6.2 Immediately notify the SAPS, relevant authorities and/or instances and/or medical services of the emergency situation.

8.7 Upon termination of the emergency steps and take-over of the situation by the SAPS, relevant authorities and/or instances and/or medical services as required by the situation, the obligations of the Armed Response personnel are deemed to be fulfilled. The armed response officer will only stay at the premises for maximum time of 15 minutes. During which time it is the responsibility of the client to ensure that he or she is at the premises.

8.8 The client’s alarm system includes the undertaking from the date of commencement up to and including the cancellation thereof to.

8.9 Monitor the client’s electronic alarm system twenty-four hours per day from a Control Centre.

8.10 Rendering an Armed Response Service to the client.

8.11 In the event of the CUSTOMER leaving the PREMISES for any period exceeding 48 hours, whether on holiday or for any other reason, the CUSTOMER may notify THE COMPANY of such absence. The CUSTOMER undertakes that during his absence as aforesaid, no domestic pet at the PREMISES will be in the position to activate the alarm system. On request of the CUSTOMER, THE COMPANY may deliver a premises check, during such absence, which service will be charged separately from the fee herein contained for each and every holiday check so attended, which amount is payable in advance.

9.  FALSE ALARMS/SIGNALS

It is the responsibility of the CUSTOMER to ensure that his/her alarm system does not activate false alarms due to misuse by him/her and/or his/her subordinates. It also includes the maintenance of plants and obstructions including pets that could cause false alarm activations.Notwithstanding anything herein contained, in the event of THE COMPANY or his agent attending at the PREMISES where the RADIO TRANSMITTER is situated as a result of the same having been activated by any act of omission of the CUSTOMER, his servants, customers, invitees or agents, or any other person lawfully upon the PREMISES, or in the event of the RADIO TRANSMITTER having been activated as a result of any neglect on the part of the CUSTOMER or any of the above said persons, the CUSTOMER will pay to THE COMPANY a reasonable fee for so attending at the PREMISES as set out in clause 3.10.

10.  KEYHOLDERS

The Client hereby agrees that personnel employed by THE COMPANY may be set in possession of the keys to the premises in order to get access to the premises if the situation so warrants it. THE COMPANY will keep keys in safe custody after use.

11.  FIREARMS

The CUSTOMER hereby agrees that security officers who are employed by THE COMPANY and who are in possession of a firearm may enter the premises in the performance of their duties. Furthermore, the client agrees that, if deemed necessary by the given situation, the security officer concerned may fire a firearm on the premises.

12.  WARRANT FOR ARREST

12.1 The CUSTOMER authorizes THE COMPANY and/or its authorised representative to:

12.1.1 the purposes of Sec.24 of the Criminal Procedure Act, Act No. 51 of 1977, as amended take full control of the above-mentioned premises in his absence.

12.1.2 According to Sec. 42 (3) of the Criminal Procedure Act, Act No 51 of 1977, as amended, arrest any person who trespasses on the above-mentioned premises immediately without a warrant for arrest.

13.  DURATION OF AGREEMENT

13.1 It is specifically agreed that the duration of this agreement will be for a period of 12 months, commencing on the day immediately following the completion of the installation of the RADIO TRANSMITTER, and the terms and conditions of this agreement will continue to be of full force and effect for the full period as determined in terms of Clause 14 hereunder.

13.2 Should the Client terminate the service before the expiry of the Initial period, he/she will be held liable for the payment of all outstanding fees as if he/she made use of the service for the full term of the Initial period.

13.3 Both parties may terminate this agreement by giving each other one calendar month notice in writing of his/her intention to terminate the service.

13.4 This agreement shall be terminated immediately without any notification to the client, should the client neglect to pay the fees contained in clauses 15 for one calendar months.

14.  RENEWAL OF AGREEMENT

Upon the expiry of the initial period of this agreement set out herein, the CUSTOMER may cancel this agreement by giving at least 30 business days prior written notice of such cancellation. Should the CUSTOMER not wish to cancel the agreement, the parties agree that the agreement will be deemed to have been renewed and to continue in force for a period equal to the initial period as contemplated in Section 14(2)(d)(ii) of the Consumer Protection Act, as amended from time to time.

15.  MONTHLY FEE PAYABLE

15.1 The CUSTOMER will pay a monthly fee to THE COMPANY in respect of the monitoring and reaction service, as set out in Schedule A to this agreement, subject to the provisions of Clause 20.

15.2 Should the CUSTOMER require the receipt of signals via SMS/Telegram, an amount as set out in Schedule A is payable. This service can however be added and deleted at any time on request of the CUSTOMER.

15.3 In addition to the above, the monitoring of additional signals, such as open and close signals, electric fence and partition monitoring as specified in Schedule A will also be payable together with the monthly monitoring and reaction service.

15.4The CUSTOMER will be liable for an annual admin fee, payable yearly in advance in the amount as set out in Schedule A over and above any fees payable in terms of this agreement and subject to increase from time to time as determined by THE COMPANY.

16.  PAYMENT METHOD AND ANNUAL INCREASE IN FEES

16.1 The monthly fee as defined in Schedule A shall be payable:

(i) by debit order at a bank in favour of THE COMPANY monthly in advance; alternatively,

(ii) by way of EFT by the client directly into the account elected by THE COMPANY from time to time to be received on or before the 1st of each month, monthly in advance, reflecting the account number of the CUSTOMER as reference.

16.2 The fees are based upon the cost of labour, fuel, material, and maintenance of radio receiving control facilities and other disbursements ruling at the date hereof, and THE COMPANY reserves the right to from time to time, increase the fee of the services by that amount that represents any increase in the above costs, or due to the general inflation.

16.3 It is specifically agreed between the parties, that this agreement is not a credit agreement as determined in the National Credit Act, or any subsequent Act.

16.4 The parties specifically agree that the account with THE COMPANY is not a credit facility, as all services are paid monthly in advance for that specific month, and that no payment is deferred in respect of an account or amount.

17.  LIMITATION OF LIABILITY

17.1 It is agreed and acknowledged that THE COMPANY and/or its sub-contractors will not be liable to the CUSTOMER or to any other party for loss, injury or damages to any person or property, consequential or otherwise caused by or arising out of anything done or omitted to be done by THE COMPANY, its sub-contractors, agents and/or servants, pursuant to this agreement, whether such act or omission be negligent, by THE COMPANY or sub-contractors, whether on duty or not, and the CUSTOMER accordingly indemnifies THE COMPANY and its sub-contractors any losses however caused.

17.2 In the event that the CUSTOMER institutes action against THE COMPANY, for whatever reason, the CUSTOMER waives any amount so claimed that exceeds the claim limits as determined by THE COMPANY’s liability insurance at the time of instituting the claim.

17.3 It is the CUSTOMERS duty to fully and adequately ensure the PREMISES and its contents at all times, and that this service does not in any way replace or supplement the duty to do so.

17.4 The CUSTOMER further acknowledges that due to the nature of the service, this clause is not unfair or unreasonable in terms of Section 48 of the Consumer Protection Act.

18.  CESSION AND SUBSTITUTION

All the terms and conditions hereof will be binding and endure for the benefit of the successors of the relative parties, but the interest of the CUSTOMER will be transferable only with the written consent of THE COMPANY first had and obtained.  THE COMPANY may at any time without notice, cede, assign or make over any of its rights or obligations under this agreement to any third party, but the CUSTOMER will not cede, assign or make over its rights and obligations hereunder, or any part thereof, without the prior written consent of THE COMPANY.

19.  BREACH OF AGREEMENT & EARLY CANCELLATION PENALTY

The CUSTOMER will be deemed to have defaulted under this agreement if the CUSTOMER or his servant, agents, invitees, customers, members of the household or any other person lawfully entering into the CUSTOMERS premises, tampers with the unit box or appurtenances of the RADIO TRANSMITTER and/or ALARM SYSTEM, or breaks the box containing the RADIO TRANSMITTER, or if the CUSTOMER is placed under provisional of final sequestration or liquidation, or under provisional or final judicial management, administration or debt review, or if the CUSTOMER gives notice of the surrender of his estate, or if the CUSTOMER makes default in payment of any monthly fee or if any bill furnished by the CUSTOMER are dishonored by non-payment for any reason or if the CUSTOMER fails to furnish any  bill as provided for in this agreement, or if the CUSTOMER otherwise breaches any of the provisions of this agreement, or if the CUSTOMER  fails to pay for any service or repair charges, installation charges,  radio licence charges on due date thereto, or if the CUSTOMER abandons the RADIO TRANSMITTER or any portion thereof, or vacates the PREMISES where the RADIO TRANSMITTER is located or if an excessive number of false alarms take place other than by reason of any mechanical or electrical failure of the RADIO TRANSMITTER or any portion thereof, or if the CUSTOMER cancels the agreement within the initial period, if any such events THE COMPANY will immediately upon such breach or default be entitled at its sole discretion to either:

19.1 continue to endorse this agreement and/or;

19.2 claim from the CUSTOMER immediately on such default payment of the full balance of the fees and any charges or disbursements outstanding, in which event the CUSTOMER will upon payment of the amount in question, be entitled to the use of the RADIO TRANSMITTER and the service in terms of this agreement, and pending such payment in full THE COMPANY will be entitled to take and retain possession of the RADIO TRANSMITTER, subject to all the terms and conditions herein contained, or;

19.3 cancel this agreement forthwith and to take possession of the RADIO TRANSMITTER and ALARM SYSTEM (where not fully paid for) and claim from the CUSTOMER all arrears of fees to the date of such possession, together with any outstanding charges and disbursements, and in addition to claim from the CUSTOMER a reasonable early cancellation penalty in terms of Section 14 and Regulation 5 of the Consumer Protection Act. The parties agree that a reasonable penalty will be equal to a sum equivalent to 80% of the unexpired agreement periods’ monthly fees payable by the CUSTOMER to THE COMPANY in terms of this agreement. The parties record that the RADIO TRANSMITTER and ALARM SYSTEM was installed for particular use at the PREMISES, and it is a material consideration of THE COMPANY in entering into this agreement. Notwithstanding the provisions contained above, the CUSTOMER agrees that failure to make payment of any amount hereunder, including without limitation, any fees charged, charges and disbursements on their due dates, will entitle THE COMPANY summarily to suspend operation of the services to be rendered by it, and such services will only be re-connected or recommenced upon payment of all amounts due, together with a re-connection fee equal to three times the monthly fee at the time;

20.  LEGAL PROCEEDINGS

20.1 The CUSTOMER hereby consents to the jurisdiction of the Magistrates Court in respect of all proceedings arising out of this agreement, notwithstanding the amount claimed or the nature thereof.

20.2 In the event of THE COMPANY instructing its Attorneys to take steps to enforce any of THE COMPANY's rights under this agreement the CUSTOMER will pay to THE COMPANY such collection charges, tracing fees and other legal costs as may be lawfully charged.

20.3 The CUSTOMER hereby waives the requirement of providing security for costs by THE COMPANY in the event that action is instituted by THE COMPANY as determined by the Magistrate’s Court Act from time to time.

20.4 The CUSTOMER and the signatory hereby agrees that THE COMPANY may request a report on the credit profile of the CUSTOMER and/or signatory should it be necessary to do so.

21.  SERVICE  & DELIVERY OF DOCUMENTS

The parties hereby elect as their respective addresses for the delivery and/or service of all documents of processes the alarm installation address as per Part B of Schedule A, unless expressly changed in writing.

22.  WHOLE AGREEMENT

This agreement constitutes the entire agreement between the parties and no variation of this agreement will be valid or binding unless reduced to writing and signed by both parties. It is specifically agreed that any representations made by the employees of THE COMPANY contrary to the conditions herein contained, prior to the signing of this agreement, will not be binding on the parties unless reduced in writing and included in this agreement as part hereof, or as an addendum. This agreement will only be in force and valid once signed and accepted by THE COMPANY.

23.  DOMICILIUM CITANDI ET EXECUTANDI

The parties choose as their domicile citandi et executandi for all purposes under this agreement, whether in respect of court process or notices or other documents, or communications of whatsoever nature, the following addresses: THE COMPANY – 3 Bennie Osler str Unitaspark, Vereeniging, 194