abb info for credit app - revision 6.docx.pdf - created by .... mojela wip capital number 7 po box...

TO: �� Herewith the information as requested in support of our application for Credit facilities: Company name : ABB South Africa (Pty) Ltd Postal Address : Private Bag X10004, Edenvale Street Address : 2 Lake Road, Longemeadow Business Estate North Modderfontein Telephone no : (010) 202 5000 0860 ABB 123 Fax no : (011) 579 8000 Registration no : 1965 / 002429 / 07 VAT Registration no : 409 013 610 4

DIRECTORS

COMPANY

POSTAL ADDRESS

J.D.R. Da Matta ABB South Africa (Pty) Ltd

Private Bag X10004 Edenvale

C.M.S Pone ABB South Africa (Pty) Ltd


P. Mohlala ABB South Africa (Pty) Ltd


Per Wanland ABB South Africa (Pty) Ltd


D.A. Jones ABB South Africa (Pty) Ltd


L. Mojela WIP Capital Number 7 Po Box 87277 Houghton 2041

G. Mthethwa WIP Capital Number 7 Po Box 87277 Houghton 2041

GENERAL CONDITIONS OF PURCHASE

Shareholding for ABB South Africa Pty (Ltd): Name Identity Number % ABB Asea Brown Boveri Limited CH020.3.900.058-8 80% Wipcapital Number seven 1999/015399/07 20% BANKER : Standard Bank, Sandton ABB Main Account Account no. 421 039 485 Branch code. 9205 1.1 AUDITORS : Ernst & Young 011-772-3386 1.2 INSURANCE : Marsh 011-506-5424 TRADE REFERENCES : Danzas Global Forwarding Sheetech Current Electric CREDIT LIMIT REQUIRED ��. NOTE: Contractual terms are regulated by ABB South Africa (Pty) Ltd Official order placed and not by the Suppliers General Terms and Conditions. No service or goods may be supplied to ABB South Africa (Pty) Ltd without an official order. Approved by: Bobby Barua Neels de Jager General Counsel Country Supply Chain Manager


1. DEFINITIONS

1.1. PURCHASER: ABB South Africa (Pty) Ltd

(Registration No. 1965/002429/07).

1.2. SELLER: The party upon whom the ORDER is placed.

1.3. WORKS: The materials, products and / or services

specified in the ORDER, to be supplied and / or

performed by the SELLER on behalf of the

PURCHASER pursuant to the ORDER. ORDER: The

ORDER shall consist of the PURCHASER�S official

ORDER form, and such plans, specifications, drawings

and annexures referred to in or attached to the

ORDER, these GENERAL CONDITIONS OF

PURCHASE, such supplementary Conditions of

Contract applicable to specific types of contract as may

be attached to the ORDER, and only such other terms

and conditions as may be specifically agreed to in

writing between the parties.

1.4. PARTIES: This shall mean the SELLER and the

PURCHASER.

2. PLACEMENT OF ORDER

2.1 Any contract between the PARTIES shall be conditional

on the issue by the PURCHASER of the

PURCHASER�S official ORDER, issued by a duly

authorized representative of the PURCHASER. Failing

issue of the official ORDER duly signed by the

PURCHASER, there shall be no contract between the

PARTIES.

2.2 The ORDER shall constitute the entire contract between

the parties, and any terms and conditions forming part

of the SELLER�S tender or other documentation not

referred to in the ORDER, shall not form part of the

contract between the PARTIES and shall be of no force

and effect.

2.3 By virtue of tendering, the SELLER shall be deemed to

have satisfied itself regarding all the terms and

conditions relating to the ORDER, and shall at all times

comply with the manifest intent of the ORDER.

2.4 The submission of a tender by the SELLER, shall, unless

the contrary is clearly indicated in the SELLER�S tender

and confirmed in the ORDER, be deemed to constitute

acceptance by the SELLER of these General Conditions

of Purchase. The mere submission of a tender

containing the SELLER�S standard terms and conditions

shall not constitute a clear indication as required by this

clause. It is specifically recorded that, insofar as the

SELLER�S Standard Terms and Conditions differ from

these GENERAL TERMS AND CONDITIONS OF

PURCHASE, then, and in such circumstances, these

GENERAL CONDITIONS OF PURCHASE shall govern

the relationship between the PARTIES.

2.5 The SELLER shall acknowledge receipt and confirm the

Delivery Date of the ORDER in writing, per facsimile or

registered post to the address of the PURCHASER as

set out in this document, ALTERNATIVELY, per

facsimile Such written acknowledgement of the

ORDER, or failure to acknowledge receipt of the

ORDER within 14 days, or commencement of

performance in terms of the ORDER, shall be deemed to

constitute acknowledgement of receipt of the ORDER

and all of the terms and conditions herein contained.

3. NATURE AND SCOPE

3.1 The SELLER shall execute the works strictly in

accordance with the ORDER and shall not deviate there

from without the written instructions of the

PURCHASER.

3.2 In the event that the WORKS forming the subject matter

of the ORDER are required by the PURCHASER for

incorporation into works for or delivery to a third party in

terms of a separate contract, the terms and conditions of

the contract between the PURCHASER and such third

party (a copy of which shall be made available on

request) shall be binding as between the SELLER and


the PURCHASER �mutatis mutandis� provided that

these GENERAL CONDITIONS OF PURCHASE shall

take precedence in the event of a conflict between these

and the terms and conditions of a separate contract.

3.3 The PURCHASER shall be entitled, by notice in writing,

to add, omit or otherwise vary the nature and scope of

the ORDER, and the SELLER shall be bound to give

effect to such additions, omissions or alterations as if

they had been specified in the ORDER, and the nature

and scope of the ORDER shall thereupon be deemed to

have been amended accordingly.

3.4 If any such notice in terms of Clause 3.3 shall affect the

Purchase Price, Delivery Date or any other obligations of

the SELLER, the SELLER shall notify the PURCHASER

thereof in writing per registered post or facsimile or e-

mail within 7 days of receipt of such notice and before

compliance therewith. The PURCHASER shall be

entitled either to withdraw such notice or to record in

writing such amendments to the PURCHASE PRICE,

DELIVERY DATE or other obligations as may be

reasonable in the circumstances.

4. PRICE AND CONDITIONS OF PAYMENT

4.1 Unless otherwise specifically stipulated in the ORDER,

the price to be paid by the PURCHASER to the SELLER

in terms of the ORDER shall cover all the SELLER�S

obligations in terms of the ORDER and shall be fixed

and not subject to escalation. The PURCHASE PRICE

shall be inclusive of all taxes, customs duties, clearance

and other charges, and the costs of packing, delivery, off

loading and insurance, unless otherwise stipulated in the

delivery terms agreed for the order.

4.2 Unless otherwise stated in the ORDER or by prior

agreement on payment terms, the PURCHASER shall

pay to the SELLER the PURCHASE PRICE, within 60

days after the last day of the calender month in which

the WORKS are delivered to site and accepted by the

PURCHASER, provided that the SELLER�S valid Tax

invoice in respect of the WORKS, reaches the

PURCHASER before the 25th day of the said month.

4.3 WORKS delivered prior to the DELIVERY DATE shall for

the purpose of the Contract, including the CONDITIONS

OF PAYMENT, be deemed to have been delivered on

the DELIVERY DATE.

4.4 Any claims for extra work etc., or for adjustment of the

PURCHASE PRICE pursuant to such escalation formula

as may have been agreed to in the ORDER, shall be

forfeited by the SELLER unless submitted to the

PURCHASER, together with such supporting

documentary evidence as may be require, not later than

90 days after the DELIVERY DATE.

5. EXECUTION, COMPLETION AND DELIVERY

5.1 The due date for execution, completion and delivery (the

�DELIVERY DATE�) of the WORKS, shall be the date

specified in the ORDER, provided that if no date is

stated, the DELIVERY DATE shall be deemed to be a

reasonable time after the date of the ORDER, and

provided further that should the ORDER be in respect of

Goods �ex stock�, and if no DELIVERY DATE is

specified in the ORDER, the DELIVERY DATE shall be

deemed to be no later than 7 days after the date or the

ORDER.

5.2 Timeous execution, completion and delivery is material

to the ORDER, and should execution, completion or

delivery be delayed beyond the DELIVERY DATE, the

PURCHASER shall be entitled to recover penalties for

delay, at the rate of 1% (one per cent) of the

PURCHASE PRICE (as varied in accordance with the

ORDER) per week or part thereof of delay to a

maximum penalty of 5% (five per cent) of the

PURCHASE PRICE.


Should the PURCHASER have reasonable grounds for

believing that the SELLER will be unable to execute,

complete or deliver the WORKS on or before the

DELIVERY DATE, the PURCHASER may alternatively

elect at it�s sole option and without prejudice to any of

it�s rights, to cancel the ORDER in whole or in part and

to recover damages.

5.3 The SELLER shall be responsible for the adequate and

secure packaging and other necessary protection of the

WORKS, and unless otherwise stated in the ORDER,

packing cases and other material shall become property of

the PURCHASER.

5.4 Unless otherwise stated In the ORDER, the WORKS shall

be delivered to the PURCHASER at the cost and risk of the

SELLER and at an address to be designated by the

PURCHASER in writing.

5.5 Unless agreed to in writing by the PURCHASER, the

delivery of the WORKS shall be effected delivered duty paid

(DDP Incoterms 2000) at the DELIVERY ADDRESS as

detailed in the ORDER.

6. OWNERSHIP

6.1 The ownership of the WORKS shall pass to the

PURCHASER upon delivery thereof to the

PURCHASER. The PURCHASER shall be entitled, at

the PURCHASER�S election, to require the SELLER,

before effecting any payments to the SELLER that the

SELLER provides the PURCHASER with a Certificate

signed by the SELLER�S Sub Suppliers, confirming that

ownership in and to any such sub supplies has been

transferred.

6.2 In the event of any advance payment, ownership of the

WORKS, to the extent that they exist, or may exist in the

future, shall pass progressively to the PURCHASER

against such advance payment.

7. INSPECTION

7.1 The PURCHASER shall at all reasonable times, both

prior to and upon the DELIVERY DATE, have the right to

inspect the WORKS, and shall be entitled to reject any

WORKS that do not conform to the ORDER.

7.2 The inspection by the PURCHASER OF ANY WORKS

shall be for the benefit of the PURCHASER only, and

shall not relieve the SELLER of any of his obligations in

terms of the ORDER, and the SELLER shall have no

right to rely on the failure of the PURCHASER to

identify defects during such inspection.

7.3 Notwithstanding acceptance by the PURCHASER of the

WORKS upon delivery thereof, the WORKS shall remain

liable to rejection in terms of Clause 8 hereof, if

subsequently found not to conform to the ORDER.

7.4 Rejected WORKS will be held at the risk and expense of

the SELLER, and unless otherwise directed by the

PURCHASER shall be replaced, at the sole expense of

the SELLER, by WORKS that conform to the ORDER.

8. SELLER�S LIABLITY

8.1 Liability for defects.

8.1.1 The SELLER warrants that the WORKS will

conform in all respects to the ORDER, and

such other requirements as can reasonably be

inferred therefore, and shall be of the best

quality and description and suitable for the

purposes intended.

8.1.2 Should the WORKS manifest any defects,

(being any non-conformity with the

undertaking given in Clause 8.1.1 hereof),


either prior to, or within a period of 12 months

from the DELIVERY DATE, or 12 months from

8.1.3 the date that the WORKS are first used for the

purposed intended (whichever is the later), the

SELLER shall, as requested to do so by the

PURCHASER and at the sole cost and expense of the

SELLER, repair, replace or re-execute the defective

WORKS, and shall also be liable for all other costs,

damages or expenses suffered by the PURCHASER as

a result of such defect.

8.1.4 Should the SELLER fail to fulfill its obligations

in terms of Clause 8.1.2 above, the

PURCHASER shall be entitled, at the risk and

expense of the SELLER, and without

prejudice to its other rights in terms of the

ORDER or at law, to undertake the repair

replacement or re-execution of the WORKS,

or to have such repairs, replacement or re-

execution effected by a third party, and to

recover the costs thereof and any other

damages occasioned thereby from the

SELLER.

8.1.5 The obligations of the SELLER in terms of this

Clause 8.1, in respect of all repaired, replaced

or re-executed WORKS, be extended for a

further period of 12 months (or such other

period as may have been agreed in writing in

terms of Clause 8.1.2 above), from the date of

completion of such repair, replacement or re-

execution.

8.2 Liability for Loss, Accidents or Damage

8.2.1 WORKS shall be and shall remain at the sole risk of the

SELLER until delivered to the point of delivery specified

and until accepted by the PURCHASER or it�s

designated agent.

8.2.2 The SELLER undertakes that, until delivery to and

acceptance by the PURCHASER, the WORKS shall be

fully insured against any loss, accidents or damage

whatever nature as may occur to such WORKS, and that

the interest of the PURCHASER will be noted on the

relevant insurance policies.

8.2.3 The SELLER shall indemnify and hold harmless the

PURCHASER against any loss, accidents, damage,

injury or death as may occur to or be sustained by any

persons or property (including the WORKS) during or

arising out of the execution of the WORKS, and

undertakes that the SELLER�S risks in this regard will be

adequately insured in terms of (without limitation)

appropriate Workmen�s Compensation Insurance, Public

Liability Insurance Cover, Common law Liability Cover,

and Contractor�s All Risk Insurance Cover.

8.3 Liability in Respect of Patents, Trademarks, etc.

8.3.1 The SELLER warrants that the WORKS shall

not infringe any Patents, Trademarks or other

industrial property rights, and shall indemnify

and hold harmless the PURCHASER against

any or all claims lodged against the

PURCHASER alleging the infringement of

such Patents, Trademarks or other intellectual

property rights.

8.3.2 The SELLER shall be responsible for payment

of all royalties or other charges arising out of

the incorporation into the WORKS of any

items protected by Patent, Trademark or other

intellectual property rights.

8.3.3 The SELLER shall keep CONFIDENTIAL and

shall not use for any other purpose than the


ORDER, any and all plans, specifications,

drawings, know how or other information

supplied by the PURCHASER in terms of the

ORDER, and shall indemnify the

PURCHASER against any loss suffered by the

8.3.4 PURCHASER as a result of a breach of this

undertaking. All such documents and

information shall be returned to the

PURCHASER upon request.

8.3.5 Liability in respect of insurance shall be

agreed upon by the Parties prior to the order

being placed.

9. SELLER�S LIABILITY

9.1 The SELLER�s total and aggregate liability (whether due

to negligence, default or otherwise) to the PURCHASER

under this Agreement, and any associated agreements

or tenders connected to this Agreement whether oral or

in writing, shall not exceed 100% (One hundred percent)

of the total PURCHASE PRICE of the ORDER.

9.2 Notwithstanding anything to the contrary contained

elsewhere in this Agreement or any associated

agreements or tenders arising therefrom, ABB shall not

be liable for any indirect or consequential damages or

losses such as but not limited to loss of revenue, loss of

use, loss of power, costs of capital or costs of

replacement power.

10. ASSIGNMENT AND SUB-CONTRACTORS

10.1 The SELLER shall not, without the consent of the

PURCHASER, cede, assign or otherwise transfer

the ORDER or any part thereof, to any third party.

10.2 The SELLER shall at all times remain fully responsible

for the performance of any Sub-Contractor, and shall

ensure that the Sub-Contractor is bound and obliged to

the SELLER in the same way, �mutatis mutandis� as

provided herein.

10.3 The SELLER shall also ensure that all guarantees or

other undertakings given by the Sub-Contractor are

transferable to the PURCHASER, and warrants that

such guarantees will, at the request of the

PURCHASER, be transferred to the PURCHASER.

10.4 In the event that the ORDER is terminated for any

reason, the PURCHASER shall, without prejudice to

any of its rights in terms of this Agreement or at Law,

have the right to enter into further Contracts with the

Sub-Contractors, or to enforce such Contracts

already in existence and in these circumstances, the

SELLER authorizes the PURCHASER to act as

aforesaid and cedes, assigns and transfers its rights

in the particular Sub-Contracts to the PURCHASER.

11. FORCE MAJEURE

11.1 Save to the extent that such liability is covered in

terms of appropriate insurance cover, neither party

shall be liable to the other for inability to perform or

delayed performance in terms of the ORDER

should such inability or delay arise from any cause

beyond the reasonable control of such party,

provided that the existence or happening of such

cause has been drawn to the attention of the other

party within a reasonable time of occurrence of

such cause (hereinafter referred to as a �Force

Majeure event�).

11.2 For the purposes of this clause a Force Majeure

event shall, without limitation to the generality of

the aforegoing, be deemed to include (but not

limited to) fire, flood, earthquake, lightning,

drought or other natural disasters; explosions,

theft, war (whether declared or not), invasion,

acts of foreign enemies, hostilities, riot, civil

insurrection; act of local or national government,

martial law or any other cause beyond the

reasonable control of the party affected but

excludes strikes or other employee disturbances.


11.3 The party affected by a Force Majeure event shall

give prompt written notice by registered post or

facsimile to the other party of the commencement

and termination of such Force Majeure event on

which such party wishes to rely in terms of this

clause. The affected party shall be entitled to a

reasonable extension of time as a result of such

event.

11.4 In the event of a Force Majeure event or

events causing a delay in excess of 90 (ninety)

days, either Party shall have the right to terminate

this Contract on reasonable notice to the other

Party of at least 15 Business days.

12. BREACH AND TERMINATION

Should either party be in breach of any material obligations

imposed in terms of the ORDER, (it being recorded that the

obligations of the SELLER to deliver the WORKS timeously and to

execute the WORKS strictly in accordance with the ORDER shall

be deemed to be material obligations), or commit an act of

insolvency (as defined in the Insolvency Act, 24 of 1936) and fail to

remedy such breach within 14 (fourteen) days of written notice per

registered post or facsimile or e-mail of such breach from the non-

defaulting party, the non-defaulting party shall be entitled, without

prejudice to such other rights as such non-defaulting party may

have in terms of the ORDER or at law, to cancel the ORDER, and

to recover such damages as it may have sustained as a result

thereof, whether by separate action or by retention / set-off of any

moneys otherwise due by the PURCHASER to the SELLER.

The Purchaser shall be entitled to terminate the Contract, at any

time for the Purchaser�s convenience, by giving notice of such

termination to the SELLER. The termination shall take effect 28

days after the date on which the SELLER receives this notice.

13. DISPUTES AND GOVERNING LAW

13.1The Parties agree that in the event of a dispute

arising under, in connection with or in relation to

the Contract, both Parties shall through mutual

consultation, without involving any third parties,

use their best endeavours to resolve the dispute.

13.2 In the event that the dispute continues to remain

unresolved for a period of 14 working days

thereafter, either Party shall be entitled to refer

the matter to Arbitration. The Parties shall

thereafter agree on the Arbitrator within a

further 7 working days, and failing agreement,

the Arbitrator shall be �

An auditor of no less than 10 years

standing nominated at the request

of either Party by the president for

the time being of the Southern

African Institute of Chartered

Accountants, Northern Region, if the

arbitration relates primarily to a

financial matter; or

A commercial attorney/advocate of

no less than 10 years standing on

the panel of arbitrators of the

Arbitration Foundation of Southern

Africa (AFSA) nominated at the

request of either Party by the

Registrar of AFSA for the time

being, if the arbitration relates to a

legal matter; or

An independent expert in the

relevant field of no less than 10

years standing nominated at the

request of either Party by the


Registrar of AFSA for the time

being, if the arbitration relates to

any other matter.

Should the matter be a combination

of issues the Registrar of AFSA for

the time being, shall appoint a

suitably qualified person to

adjudicate on the matter. Should

such Registrar be unable to find a

suitably qualified person then by

agreement between the parties

(whose consent shall not be

unreasonably withheld) the

Registrar shall appoint three

arbitrators to adjudicate on the

matter.

13.3 The arbitration shall be governed by the

Arbitration Act 42 of 1965, as amended and

shall Take place in accordance with the Rules

of AFSA.

13.4 The arbitration hearing, and all records

pertaining to the hearing, shall be subject to

confidentiality and held in private chambers.

13.5 The Arbitrator�s decision shall be final and

binding upon the Parties and may be made an

Order of any competent court. For the

avoidance of doubt, any interim order or the

final judgement of the arbitrator or arbitrators

(as the case may be) is not subject to a right

of appeal.

13.6 The Arbitration hearing shall be conducted in

private and in the English language and the

Arbitrator shall be required to furnish a written

judgement explaining his or her reasoning and

an order. The written judgement and order

shall not be made publicly available.

13.7 The provisions of this arbitration clause

shall not preclude either Party from access to

an appropriate court of law for interim and/or

urgent relief, including an interdict, mandamus

or order for specific performance.

13.8 The direct costs associated with the

arbitration hearing shall be borne by the

Party who was substantially successful

during such hearing. Should there be a

dispute as to which party was

substantially successful the arbitrator or

arbitrators (as the case may be) shall

determine this during his or her or their

judgement. In respect of all other

(indirect) costs each Party shall bear its

own costs.

13.9 The provisions of this clause �Disputes

and Governing Law� shall survive any

termination of this Agreement.

13.10 The parties agree that the laws of the

Republic of South Africa shall govern

this Agreement.

14. WAIVER, SEVERANCE AND WHOLE AGREEMENT

14.1 No act of relaxation, indulgence or grace on the

part of the PURCHASER shall in any way operate

as or be deemed to constitute a waiver by the

PURCHASER of any of its rights in terms of the

ORDER or a novation thereof.

14.2 If any provision of this Agreement (or part of a

provision) is found by any arbitration court or

administrative body of competent jurisdiction to be

invalid, unenforceable or illegal, the other

provisions shall remain in force. If any invalid,

unenforceable or illegal provision would be valid,


enforceable or legal if some part of it were deleted,

the provision shall apply with whatever modification

is necessary to give effect to the commercial

intention of the Parties.

14.3 This Agreement contains the entire agreement

between the Parties, supersedes any previous

arrangement, understanding or agreement between

them relating to the subject matter they cover and

no Party shall be bound by any undertakings,

representations or warranties not recorded therein.

15. FUTURE CONTRACTS

It is the intention of the PURCHASER that these GENERAL

CONDITIONS OF PURCHASE (as they may be amended from

time to time by the PURCHASER) shall apply to any future oral or

written contract for the supply of goods and / or services by the

SELLER to the PURCHASER, save to the extent that these

General Conditions are in any future contracts specifically varied

or excluded or are inconsistent with what is expressly agreed in

any such future contract.

16. COMPLIANCE WITH ANTI-BRIBERY AND OTHER

GENERAL LAWS AND ABB CODE OF CONDUCT

16.1 ABB is committed to sound ethical and legal

business practices consistent with local laws and

the ABB Code of Conduct, a copy of which has

been provided to the SELLER. ABB expects a

similar standard of ethical conduct from the

SELLER in all dealings covered under this

Agreement. In particular, the SELLER shall not

promise, offer or accept any bribes (in

contravention of applicable laws or the ABB Code

of Conduct) to or from another person where the

intention or perception may be that a benefit is

being given or received that will influence the

outcome of a decision or a process involving any

dealings covered under this Agreement.

16.2 The SELLER, and its employees, is encouraged to

raise any suspicion or knowledge of unethical or

illegal behaviour involving ABB, its people or its

assets. As a start the SELLER should raise such

concerns with management. Should it be

inappropriate to raise such matters with

management for whatsoever reason then the

SELLER is invited to make use of the 24/7 ABB

Ethics Hotline mechanism where good faith reports

of illegal or unethical behaviour may be made

confidentially and anonymously. The SELLER

shall make such reasonable efforts as to inform its

employees of this mechanism

Toll free from South Africa : First Dial 0800

990 123, wait for recording then dial 800 670

2134

Zurich telephone number: +41 43 317 3367

(normal international rates apply)

Web portal: www.abb.com/ethics

Postal: ABB Ltd, Legal & Compliance,

Affolternstrasse 44, 8050 Zurich, Switzerland

http://www.abb.com/ethics


17 NOTICES

17.1 The Parties choose the address in South

Africa set out opposite their names below as

their address at which all notices, legal

processes and other communications must be

delivered for purposes of this Agreement.

17.2 A notice given under this Agreement:

shall be in writing in the English language;

shall be sent for the attention of the person,

and to the address or fax number, given in this

Clause (or such other address, fax number or

person as the relevant party may notify the

other party); and

shall be:

o delivered personally;

o or delivered by commercial courier;

or

o sent by pre-paid first-class post or

recorded delivery; or

o (if the notice is to be served by post

outside the country from which it is

sent) sent by registered airmail.

17.3 The addresses for service of notice are:

ABB South Africa :

The SELLER :

17.4 A notice is deemed to have been received:

if delivered personally, at the time of delivery;

or

if delivered by commercial courier, at the time

of signature of the courier's receipt; or

if sent by pre-paid first class post or recorded

delivery, 48 hours from the date of posting; or

if sent by airmail, five days from the date of

posting; or

if deemed receipt under this clause is not

within business hours (meaning 9.00am to

5.30pm Monday to Friday on a day that is a

Business Day), when business next starts in

the place of deemed receipt.

17.4 For the avoidance of doubt, a notice under this

Agreement shall not be valid if sent by email.

18. GENERAL

18.1 The headings in this document are for reference

purposes only.

18.2 Reference to the masculine gender shall include

the femine gender and vise versa and reference to

the singular shall include the plural and vise versa.

18.3 Where the words "include(s)", "including", "in


particular" or similar such words, are used in this

Agreement, they are deemed to have the words

"without limitation" following them.

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