(17) GENERAL PROVISIONS.

(17.1) If a person enters into this Agreement in a representative capacity then such person binds himself

as surety and co-principal debtor in favour of the represented party for the due performance of his

principal in terms of this Agreement. If a person proposing to act in a representative capacity,

appears not to be in possession of proper written authority by his Principal then and in that

instance the person who signed this Agreement will, in his personal capacity, be liable for the due

fulfillment of all the obligations of the party on whose behalf he proposes to act;

17.2 Without derogating from the generality of the above, the signatory understands and acknowledges

having read the terms and conditions as set out in Part B and accept it as binding on the Applicant

and acknowledges further that it shall apply to ALL transactions between the Applicant and Chilled Squirrel Pty Ltd.

17.3 The signatory herby declares that:

17.3.1 The information supplied with and in this application is true and correct;

17.3.2 Applicant is at the current date actively trading as per the attached registration;

17.3.3 Applicant is not over-indebted or insolvent.

TERMS AND CONDITIONS AGREED TO.

1. The Applicant agrees that this agreement represents the entire agreement between the customer and Chilled Squirrel Pty Ltd. (hereinafter referred to as “Chilled Squirrel”) and that no alteration or additions to this agreement may be effected, unless agreed toby both parties, reduced to writing and signed by the customer and the duly authorised representative of Chilled Squirrel.

This Agreement will govern all future contractual relationships between the parties and is applicable to all existing debts between the parties.

2. The Applicant hereby acknowledges that he/she has read and understood the terms and conditions of this agreement and accepts same as binding.

3. The Applicant warrants that the signatory on this web page above has been duly authorised to contract on its behalf.

4. The Applicant agrees that neither Chilled Squirrel nor any of its employees will be liable for any negligent or innocentmisrepresentations made to the customer.

5. All orders, whether oral or in writing, will be binding and subject to these standard conditions of the agreement and may not be cancelled.

6. All goods supplied by Chilled Squirrel remain the property of Chilled squirrel until such goods have been fully paid for by the Applicant.

7. Upon the Applicant’s failure to comply with the conditions of payment, Chilled Squirrel reserves the right to suspend further deliveries or to require a cash payment prior to delivery or to cancel the sale.

7. The Applicant shall not, without the prior written consent of Chilled Squirrel, cede or assign its rights and obligations under this agreement or any part thereof to any third party.

8. The Applicant must advise Chilled Squirrel in writing of any proposed or actual change in the direct or indirect ownership and/orcontrol and/or management of the Applicant in the case of a company, close corporation, partnership or trust and/or any surety ofthe Applicant.

9. In the event of Chilled Squirrel instructing attorneys for collection of any amounts outstanding by the customer to Chilled Squirrel ,then the Applicant shall be liable for cost on an attorney and client scale incurred by Chilled Squirrel, including collection fees.

10. The parties to this Agreement hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate'sCourt No. 32 of 1944, as amended, notwithstanding the aforegoing, each party reserves its right to approach a High Court with jurisdiction to adjudicate any dispute between the parties that may arise directly or indirectly out of this Agreement.

DELIVERY

11. Chilled Squirrel shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the date it decides.

12. Chilled Squirrel shall be entitled to invoice each delivery actually made, separately.

13. The risk of damage to or destruction of the goods passes to the Applicant when the goods leave the premises of Chilled Squirrel.

14. Chilled Squirrel is hereby authorised by the Applicant to engage a third party on the Applicant’s behalf and on the terms deemed fit by Chilled Squirrel, to transport the goods to the Applicant.

15. The Applicant agrees to indemnify Chilled Squirrel against any claims that may arise from such agreement with third party.

16. All transport costs will be for the Applicant’s account.

17. The Applicant must disclose the location of the goods and notify Chilled Squirrel within 24 hours after the change in the location.

18. In the event of a shortfall in the goods delivered, the applicant must inform Chilled Squirrel in writing within 7 (seven) days uponreceipt of the goods. Chilled Squirrel shall not be liable for any shortfall whatsoever if they have not been notified thereof after 7(seven) days.

19. In the event of goods being defective, liability is restricted to the cost of repair or replacement of faulty goods, or granting of a credit at the sole discretion of Chilled Squirrel. The Applicant hereby agrees to return any defective goods to the premises of Chilled Squirrel at its own cost.

20. Under no circumstances will Chilled Squirrel be liable for consequential damages.

21. Any undamaged goods returned for credit, which were originally ordered and delivered correctly, will be liable to a 20% restockingfee on the price of the goods returned, which will be payable within 30 days of date of statement.

22. Undamaged goods will only be accepted by Chilled Squirrel if said goods are in the original condition in which they were supplied to the Applicant.

NOTICES AND DOMICILIA

23. The customer chooses as its domicilium citandi et executandi for all purposes under this Agreement its address as set out in this webpage application. Any notice to the customer shall be addressed to it at its domicilium aforesaid and either sent by registered post ordelivered by hand.

24. Any notice to be given to either of the parties in terms of or for purposes of this Agreement shall be given in writing and will bedeemed to have been duly given: (a) 7 (seven) days after posting, if posted by registered post to the domicilium address stated above; and (b) On delivery, if hand delivered on a party at the domicilium address stated above.

BREACH

25. In the event of the Applicant failing to fulfil any of its obligations or otherwise being in breach of this Agreement for a period of atleast 7 (SEVEN) days after having been requested in writing by Chilled Squirrel to rectify such breach, then and in that event Chilled Squirrel shall have the right to:

36.1 sue for a specific performance by the Applicant; and/or

36.2 cancel this Agreement, repossess of any goods delivered to the Applicant; and/or

36.3 claim any damages suffered from the Applicant; and/or

36.4 institute action against the Applicant for any other relief he may be entitled to.

TERMINATION BY DEATH OR INSOLVENCY

37. This Agreement shall not terminate with the death of the members of Chilled Squirrel or the members / directors / partners of the Applicant. The executor of the deceased member / director / partner of the Applicant’s estate shall have the option, depending upon the circumstances of the estate, either to abide by the Agreement (the successor or successors of the member / director / partner ofthe Applicant assuming his rights and obligations) or to cancel this Agreement by giving Chilled Squirrel 30 (thirty) days written notice of termination, such notice to be given not more than three (3) months after the death of the member / director / partner of theApplicant.