This document contains the terms and conditions on which Arrie Nel Pharmacy sells medicines and other products to customers who are consumers in terms of the Consumer Protection Act. This document/agreement serves as an acknowledgment, by the Customer, the Customer’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted. The parties to this agreement is between Arrie Nel Pharmacy and the Customer (whose details are set out in the Application). This agreement regulates the sale of products (i.e. medicines and other products sold at this Arrie Nel Pharmacy) by Arrie Nel Pharmacy to the Customer and/or the Customers’ dependents/beneficiaries on credit at Arrie Nel Pharmacy. This is the only agreement relating to the granting of credit by us to you. It replaces all previous agreements between us relating to this transaction. If either of us fails to enforce any clause in this agreement it will not affect the other’s rights and responsibilities. This agreement begins as soon as both parties signed it. The agreement will endure indefinitely, but either party may terminate it by giving ten days written notice. The Customer may cancel this agreement by making an early payment of the full outstanding balance. South African law governs this agreement. In terms of Section 45 of the Magistrates Court Act of 1944, as amended, the Customer hereby consents to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against the Customer by Arrie Nel Pharmacy in terms of the contract. It shall nevertheless be entirely within the discretion of Arrie Nel Pharmacy as to whether to proceed against the Customer in such Magistrates Court or any other court having jurisdiction. We agree that the sale of products by Arrie Nel Pharmacy to the Customer on credit, and these terms and conditions, do not fall within the scope of the National Credit Act, 2005. The Customer indemnifies Arrie Nel Pharmacy against all loss, damages, costs, all attorney and advocate’s fees (at the rate charged by our legal representatives), penalties, fines or expenses that arise from the Customer’s negligence, non-compliance with any applicable laws, regulations, codes of conduct, standards or guidelines published by any governmental or statutory regulatory authority in South Africa, failure to fulfil any responsibilities in terms of this agreement or illegal, wrongful or fraudulent act or omission.

Disclosure of information: If the Customer is purchasing medicine on behalf of a patient as an agent or caregiver of a patient, the Customer is required to provide accurate particulars of the patient for the pharmacist to dispense that patient’s medication. The Customer will provide the Pharmacy, upon request, with information required to determine whether to grant the Customer credit, the credit limit to be imposed (if any) and whether it should continue providing credit to the Customer. The Customer warrants that the information provided to determine its creditworthiness will be accurate, up-to-date and complete. Should the information provided change at any point, the Customer undertakes to provide the Pharmacy with the updated information. The Customer is informed and accordingly consents that personal information may be collected for purposes as required in terms of his/her contractual relationship with Arrie Nel Pharmacy or as otherwise required by law. Such personal information shall only be processed by Arrie Nel Pharmacy or an authorized third-party operator for purposes relating to the aforesaid contractual relationship, or any other third party where required in terms of applicable law, or where any additional information not incidental to the aforesaid contractual relationship (if applicable) is processed by Arrie Nel Pharmacy in accordance with the circumstances, upon prior consent of the Customer. These warranties will remain in effect even after the agreement is terminated. Warranties are not limited by any specific undertakings in the remainder of the agreement. Both parties warrant that we comply with all applicable laws, regulations and codes of conduct, standards or guidelines published by any governmental or statutory regulatory authority in South Africa. Both parties warrant that we and our signatories are authorized to conclude this agreement.

Arrie Nel Pharmacy may close the credit facility if the Customer fails to rectify his/her breach under the credit agreement within ten business days of delivery of the notice. Arrie Nel Pharmacy may cancel the credit agreement and claim the full outstanding balance. The Customer acknowledge that the granting of credit facilities to you by Arrie Nel Pharmacy is at the sole discretion of Arrie Nel Pharmacy. Arrie Nel Pharmacy will notify you after receipt of the duly completed credit application form whether or not your credit application has been granted and also the maximum amount of credit allowed by the Pharmacy. The credit limit will remain in place indefinitely, provided that the Pharmacy will be entitled to unilaterally revoke or suspend the facility and/or to vary and/or reduce the credit limit, from time to time. The Pharmacy have the right at any time to require the Customer to furnish an acknowledgment of debt or other forms of security that may be required by the Pharmacy as security for the Customer’s current or future obligations owed or to be owed by it to the Pharmacy from whatsoever cause arising.

Accounts are processed in the following manner: Customer agrees to pay all fees incurred on the account. All prices quoted and invoiced exclude VAT (value-added tax). The Pharmacy will render monthly statements of account to you at the email address nominated in the application form. The amount invoiced must be paid in full within 30 (thirty) days from the date of the invoice. Payments can be made by card payment or electronic transfer. Your Pharmacy account number must be quoted as a reference when making payment. Any inquiries regarding your account may be directed to your pharmacy. Should payments be overdue, Arrie Nel Pharmacy will be entitled to suspend your account and not be obliged to render any further services to you, without notice, until the overdue amount has been paid in full. Settlement discounts do not apply. The Customer agrees that for any legal process, a certificate signed by a director or manager of Arrie Nel Pharmacy stating an amount due and owing to Arrie Nel Pharmacy will constitute proof of such fact and will be valid for any purpose and as a liquid document in any Court or forum of competent jurisdiction to obtain provisional sentence, summary judgment or any other judgment against the Customer.